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MARCH 7, 2017 MINUTES v 04,u sem, ode; 1 r tsc ftwori 4.°f OUR WO° VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 7, 2017 Mayor William D. Sessoms, Jr., called to order the City Council Briefings on the FY2017-18 RESOURCE MANGEMENT PLAN (BUDGET) CAPITAL IMPROVEMENT PROGRAM, ROADWAYS in the City Council Conference Room, Tuesday, March 7, 2017, at 2:30 P.M Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane 2 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 2:30 P.M. Mayor Sessoms welcomed Phil Pullen, Transportation Engineer— Public Works. Mr. Pullen expressed his appreciation to City Council for their continued support. Mr. Pullen distributed a copy of the full presentation which is made a part of the record: VB Virginia Beach .� 7 Ills- ice„ • FY 2018-2023 ROADWAYS CIP CITY COUNCIL BRIEFING MARCH 7,2017 Below is an Overview of today's presentation: OVERVI` I. Recent Accomplishments II. Proposed FY 2018-2023 CIP III. Requested —Above Target Projects IV. Requested — Not Funded Projects V. CIP Project Detail Sheets March 7, 2017 3 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) I. RECENT ACCOMPLISHMENTS 3 Below are the Recent Accomplishments: RECENT ACCOMPLISHMENTS Completed Projects Lynnhaven Parkway Phase XI Shore Drive Bike Facilities Under Construction Projects Holland Road Phase VI Lesner Bridge Replacement c Pacific Avenue— Phase III Witchduck Road Phase II March 7, 2017 4 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) Lynnhaven Parkway Phase XI was completed in January: LYNNHAVEN .'1 r PARKWAY PHASE XI CIP 2-167 o Construction Completed— :,r--` January 2017 Total Project Cost— $39.8M r. r— k, re- 5 Shore Drive Bike Facilities was completed in February: ''' 'tt= SHORE DRIVE BIKE AP FACILITIES CIP 2-300.101 o Construction Completed— February 2017 o Total Project Cost—$4.4M March 7, 2017 5 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) Holland Road Phase VI is approximately 70%complete and expected to be complete in October" HOLLAND ROAD PHASE VI CIP 2-158 o Started Construction— November 2014 • o Approximately 70% .1 • Complete o Complete Construction— October 2017 o Total Project Cost— $64.OM r.3. 00000 7 Lesner Bridge Replacement is approximately 60%complete and expected to be complete in April 2018: - _ . LESNER BRIDGE REPLACEMENT CIP 2-168 -"' -� •.•....� o Started Construction- I 'I • June 2014 o Approximately 60% Complete o New WB Bridge Complete and Carrying Traffic `^ o Complete Construction— April 2018 o Total Project Cost— + l. _ $115.8M e March 7, 2017 6 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) Pacific Avenue Improvements is approximately 85%complete and expected to be complete in April: _ PACIFIC AVENUE IMPROVEMENTS CIP 2-045 o Started Construction— October 2014 o Third Season of r$ Construction Underway -- -yryo Approximately 85% Complete o Complete Construction— April 2017 • »'? o Total Project Cost . $17.3M $17.3M • ; • 9 Witchduck Road Phase II construction has started and expected to be complete in January 20202: WITCHDUCK ROAD PHASE II CIP 2-025 o Started Construction— January 2017 o Complete Construction— 4" January 2020 •'"' o Total Project Cost— ✓/ $60.1 M —L -• ,1440000M 40 March 7, 2017 7 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) The upcoming construction for FY2018-19.• UPCOMING CONSTRUCTION [FY18-FY19] Project Construction Start Construction Cost i Upton Drive Extended and Dam Neck Station Imp. May,2017 $ 800,000 Indian River Road/Kempsville Road Intersection Imp. June,2017 $ 9,536,408 Greenwich Road Crossover and Cleveland Street Imp. August,2017 $ 10,393,495 West Great Neck Road Sidewalk September,2017 $ 670,000 Providence Road Sidewalk November,2017 $ 659,500 Shipps Corner Road Improvements November,2017 $ 974,362 Independence Boulevard/Baxter Road Sidewalk January,2018 $ 771,416 Rosemont Road Phase V January,2018 $ 10,161,500 First Colonial Rd&Virginia Beach Blvd IntersEttion Imp. May,2018 $ 9,819,920 Landstown Road Improvement Phase I July,2018 $ 5,789,104 Princess Anne Road Phase VII July,2018 $ 19,000,000 Sandbridge Road Bridge Replacement July,2018 $ 4,931,950 Laskin Road Bridge Replacement J October,2018 $ 17,980,000 Shore Drive Corridor Phase III October,2018 $ 14,199,671 Centerville Turnpike Phase II 1 July,2019 $ 20,142,223 Elbow Road Extended Phase II-8 _ July,2019 $ 25,300,000 Total $ 151,129,549 II. PROPOSED FY 2018-2023 CIP 12 March 7, 2017 8 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) PROPOSED FY 2018-2023 CIP Summary • 43 CIP Projects and 9 Programs • 8 New Projects • 6-Year Funding • City Funding- $166.0M • State Funding- $ 78.0M u Federal Funding- $ 39.9M O Total- $283.9M • Total Project Cost - $1.01B • All Projects Previously Fully Funded are Still Fully Funded 1J There are eight (8) new projects in the CIP with six (6) of the eight (8) funded by Grants from SMART SCALE: PR611111111111111. New Projects in the FY 18 CIP • Cleveland Street Phase IV (SMART SCALE) • Elbow Road Extended Phase II-C (RSTP) • 1-264/Independence Interchange Improvements Study • Independence Blvd/Baxter Road Sidewalk (STBG) • Indian River Road Phase VII-B (SMART SCALE) • Laskin Road Phase I-A(SMART SCALE) • Laskin Road Phase III West Great Neck Road Sidewalk (STBG) March 7, 2017 9 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) PROPOSED FY 2018-2023 CIP •Congestion Relief&Capacity Improvement Projects-$80.2M(48%) 11% a Special Programs&Projects- 519.2M(11%) • ■Safety Improvement Programs- 16% $26.0M(16%) •Bridge Projects-$17.8M(11%) 11% Maintenance Programs&Projects• $22.8M(14%) • Total City Funding in Years 1-6: $166.0M These are seventeen (17) of"Major Projects" in the CIP with more detailed information on each project provided in the attached presentation: PROPOSED ?, 3 CIP Major Projects in the CIP • Centerville Turnpike Phase II • Centerville Turnpike Phase III Elbow Road Phase II-B • First Colonial RdNa.Beach Blvd.Intersection Improvements • Greenwich Road Crossover/Cleveland Street Improvements • Indian River Rd/Kempsville Rd Intersection Improvements • Indian River Road Phase VII-A • Landstown Road Improvements Phase I Laskin Road Bridge Replacement • Laskin Road Phase I-A • Laskin Road Phase I-B Princess Anne Road Phase VII Rosemont Road Phase V • Sandbridge Road Bridge Replacement Sandbridge Road—Nimmo Phase VII-A Shore Drive Corridor Improvements Phase Ill West Neck Road Phase IV March 7, 2017 10 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) There are seven (7) "Major Programs" in the CIP with more detailed information on each project provided in the attached presentation: PROPOSED FY 2018-2023 CIP Major Programs in the CIP • City Wide Street Lighting Improvements II • Major Bridge Rehabilitation II • Rural Road Improvements II .• Street Reconstruction II Traffic Safety Improvements IV(TSI) Traffic Signal Rehabilitation II Transportation Network Modeling and Analysis III. REQUESTED -ABOVE TARGET PROJECTS 0 March 7, 2017 11 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) There are sixteen (16)projects requested that are "Above Target", the first six (6) are considered to be "critical". Again, more detailed information on each project is provided in the attached presentation: REQUESTED -ABOVE TARGET PROJECTS Project Unfunded Amount 1. Buccaneer Bulkhead Replacement(Maintenance—FY18) $ 4,500,000 2. Cleveland Street Phase IV(SMART SCALE—FY22&FY23) $ 13,647,000 3. Indian River Road Phase VII-8(SMART SCALE—FY22) $ 6,430,000 4. Laskin Road Phase I-A(SMART SCALE—FY18,FY19&FY20) $ 14,000,185 5. Nimmo Parkway Phase Il-A(Veteran's Care Center—FY18)'C*ICAL$ 2,000,000 6. PungoFerry_rid�eRehab,Maintenance—FY19) NEED $ 3,900,000 7. I-264/Independence Interchange Improvements Study $ 300,000 8. Indian River Rd/Princess Anne Rd Intersection Improvements $ 6,521,937 9. Laskin Road Phase I-B $ 19,182,093 10.Laskin Road Phase II $ 10,596,210 11.Laskin Road Phase III $ 33,478,352 12.Nimmo Parkway Phase II $ 33,961,739 13.Sandbridge Road—Nimmo Phase VII-A $ 14,005,837 14.Nimmo Parkway Phase VII-B $ 26,817,620 15.Princess Anne Road Phase VII-A $ 8,393,979 16.Shore Drive Corridor Improvements Phase IV $ 12,508,645 There is an extensive back-log of"Not Funded"Projects with more detailed information on each project provided in the attached presentation: IV. REQUESTED - NOT FUNDED PROJECTS ss March 7, 2017 12 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) There are approximately sixty(60) "Not Funded Projects"totaling$2-Billion: REQ111111111111111111111110ECTS Total Estimated Project Name Description Cost 1 Birdneck Road _ I.264 to Virginia Beach Boulevard _$ 13,970.880 2 Clearfield Avenue Virginia Beach Boulevard to Cleveland Street $ 9,802,000 3 Dam Neck Road-Phase I _Princess Anne Road to Holland Road $ 31,000,000 4 Dam Neck Road Phase II Holland Road to Drakesmile S 34,800,000 5 Dam Neck Road-Phase III _Orakesmile to London Bridge Road $ 48,900,000 6 Drakesmile Road Extended Dam Neck to Holland Road $ 15,335,020 7 Drakesmle Road Extended-Phase II Holland road to Princess Anne road $ 12,000,000 8 Elbow Road Extended PhaselFD Meadow Crest/Margaret Dr to VB Amphit heater $ 27,273,630 9 Extension of the Municipal Area Network 30 additional miles of fiber optic cable $ 1,500,000 10 Ferrell Parkway Indian Lakes to Pleasant Valley $ 33,644,160 11 Ferrell Parkway Pleasant Valley to Salem Road $ 37,693,920 12 First Colonial Road Old Donation Pkwy to Laskin Road $ 41,432,160 13 General Booth Boulevard Birdneck Road to Ocean Boulevard $ 44,858,880 14General Booth Boulevard Oceana Boulevard to Dam Neck Road $ 29,240,640 15-General Booth Boulevard Dam Neck Road to London Bridge Road $ 52,646,880 16-General Booth Boulevard London Bridge Road to Nimmo Pkwy $ 18,068,160 17 Holland Road South Independence Bled to South Plaza Trail 5 15,576,000 18 Holland Road South Plaza Trail to Rosemont Road $ 29,415,040 19 Holland Road Dam Neck to Rosemont Road $ 69,030,000 20 Holland Road/Rosemont Road Intersection Widen Intersection to accommodate Dual Lefts $ 56,585,000 REQUESTEDDDWOT FLIED PROJECTS Project Name Description Total Estimated Cost 21 Independence Boulevard Northampton Boulevard to Haygood Road $ 61.369.440 22 Independence Boulevard Pembroke Boulevard to Virginia Beach Blvd $ 58,106,400 23 Indian River Road West Neck to North Landing S 79,812,000 24 Indian River Road Elbow Road to North Landing Road $ 89.424,000 25 Indian River Road Centerville Turnpike toL Ferrell Pkwy $ 58,106,400 26 Jeanne Street Constitution Drive to Independence Boulevard S 5,566,000 27 Landstown Road Phase 11 Extend Landstown 0.8 m South from 90'Bend 5 18,886,000 28 Landstown Road Phase III Extend from Landstown Ph II to North Landing Rd 5 12,817,000 29 landstown Road Phase IV Extend from landstown Phase III to Indian River Rd 5 18,000,000 30 Laskin Road Phase III Great Neck Road to Republic Road 5 56,455,035 31 London Bridge Road Dam Neck Road to Shlpps Corner Road $ 40.809,120 32 Lynnhaven Parkway Holland Road to Princess Anne Road 5 73.830.240 33 Lynnhaven Road Bridge Replacement South Lynnhaven Rd over London Bridge Creek $ 3.000,000 34 Newtown Road Baker Road to Virginia Beach Boulevard 5 28.000,000 35 Nimmo Parkway Phase III Intersection of landstown Rd Ph III to North Landing $ 34.217,061 36 North Great Neck Road Virginia Beach Boulevard to Wolfsnare Road $ 32,398,080 37 North Lynnhaven Road Virginia Beach Boulevard.to Lynnhaven Pkwy $ 14,572,800 38 North Lynnhaven Road Virginia Beach Boulevard to Kings Grant Road $ 13,358,400 39 Pacific Avenue-Phase II 18th Street to 20th Street $ 3,500,000 40 Pacific Avenue-Phase III 15th Street to 18th Street S 14,000,000 March 7, 2017 y , 13 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ROADWAYS ITEM#66830 (Continued) R CTS Total Estimated Project Name Description Cost 41 Pacific Avenue-Phase IV 20th Street to 23rd Street 5 15,000,000 42 Princess Anne Commons Road A Landstown Center Way East 1200 feet S 3,349,000 43 Princess Anne Road Providence Road to Salem Road $ 17,000,000 44 Providence Road Kempsville Road to Princess Anne Road $ 49,790,400 4�-\Rosemont Road South Plaza Trail to Holland Road $ 42,678,240 46 Rosemont Road Virginia Beach Boulevard to South Plaza Trail $ 26,479,200 47 Salem Road Independence Boulevard to Elbow Road $ 21,068,000 48 Salem Road Elbow Road to North Landing Road 5 62,606,000, 19/Salem Road Extended Landstown Rd SE 1.5 m to Nimmo Pkwy Ph III $ 35,614,000 SO Sandbridge Road Princess Anne Road to Atwoodtown 5 67,573,440 51 Seaboard Road Princess Anne Rd(North)to Princess Anne Rd(S) $ 20,665,680 52 Shore Drive ECL Norfolk to Diamond Springs Road S 6,072,000 53 Shore Drive-Phase II Pleasure House Road to Treasure Island Drive 5 24,288,000 54 Silina Dr Rosemont Road to South lynnhaven Road 5 24,773,760 55 South Independence Road Holland Road to South Plaza Trail $ 20,401,920 S -i6lRrginia Beach Boulevard I-264 to First Colonial Road $ 70,435,200 5-_71Nest Neck Parkway North Landing to Elbow 5 62,726,400 58 West Neck Parkway Ext'd North landing Road to Indian River Road 5 35,100,000 59 West Neck Road North Landing Road to Indian River Road $ 20,842,965 Total RBNF Projects $1,965,464,551 61 DISCUSSION e2 Mayor Sessoms expressed his appreciation to Mr. Pullen and the entire Public Works Department for all their work and dedication to the City. March 7, 2017 3/14/2017 vBCity of Virginia Beach u - f r� a' ' ! •u - : FY 2018-2023 ROADWAYS CIP CITY COUNCIL BRIEFING MARCH 7.2017 OVERVIEW I. Recent Accomplishments II. Proposed FY 2018-2023 C I P III. Requested —Above Target Projects IV. Requested — Not Funded Projects V. CIP Project Detail Sheets 1 3/14/2017 I. RECENT ACCOMPLISHMENTS RECENT ACCOMPLISENTS • Completed Projects o Lynnhaven Parkway Phase XI o Shore Drive Bike Facilities • Under Construction Projects o Holland Road Phase VI o Lesner Bridge Replacement o Pacific Avenue — Phase III Witchduck Road Phase II 4 2 3/14/2017 LYNNHAVEN w: ` PARKWAY PHASE XI • CIP 2-167 r+' '' • o Construction Completed— �:..rA January 2017 �'k, Tt a Total Project Cost— �, , $39.8M L------ s , h a 11. • t v >s ' 0 s SHORE DRIVE BIKE `4'" FACILITIES CIP 2-300.101 '' o Construction Completed— February 2017 o Total Project Cost—$4.4M / -. , e Ammin• 3/14/2017 HOLLAND ROAD PHASE VI CIP 2-158 o Started Construction— November 2014 o Approximately 70% Complete ' 1 " .1) ^+�'0 61ro Complete Construction— October 2017 o Total Project Cost— $64.0M FpT LESNER BRIDGE REPLACEMENT CIP 2-168 —' ��- ��-IIIIIIIIIIIP "' o Started Construction— lifl' I I I OIdiil':: 1 I!'1/1' June 2014 kJ F o Approximately 60% Complete - o New WB Bridge Complete and Carrying Traffic :'"" '\'i'1"4"1 3 " ` , o Complete Construction— ,� April 2018 i go -i ,...,k ---� - o Total Project Cost— " ^' ..\ $115.8M y . i • 001.111 8 4 3/14/2017 PACIFIC AVENUE IMPROVEMENTS s CIP 2-045 f� v F w o Started Construction- itj October 2014 • '. . o Third Season of Construction Underway ` o Approximately 85% Complete o Complete Construction April 2017 o Total Project Cost- $17.3M 7 WITCHDUCK ROAD PHASE II CIP 2-025 o Started Construction- January 2017 o Complete Construction- 111111‘. January 2020 4 it o Total Project Cost- +� !� $60.1 M 46) - .�... " 3/14/2017 UPCOMING CONSTRUCTION [FY18-FY19] Project Construction StartConstruction Cost Upton Drive Extended and Dam Neck Station Imp. May,2017 $ 800,000 Indian River Road/Kempsville Road Intersection Imp. June,2017 $ 9,536,408 Greenwich Road Crossover and Cleveland Street Imp. August,2017 , $ 10,393,495 West Great Neck Road Sidewalk September,2017 $ 670,000 Providence Road Sidewalk November,2017 $ _ 659,500 Shipps Corner Road Improvements November,2017 $ - 974,362 Independence Boulevard/Baxter Road Sidewalk January,2018 $ 771,416 , Rosemont Road Phase V January,2018 $ 10,161,500 First Colonial Rd&Virginia Beach Blvd Intersection Imp. May,2018 $ 9,819,920 Landstown Road Improvement Phase I July,2018 $ 5,789,104 , Princess Anne Road Phase VII _ July,2018 $ _19,000,000 Sandbridge Road Bridge Replacement July,2018 $ 4,931,950 Laskin Road Bridge Replacement October,2018 $ 17,980,000 Shore Drive Corridor Phase III _ October,2018 $ 14,199,671 Centerville Turnpike Phase II _ July,2019 $ 20,142,223 Elbow Road Extended Phase II-B July,2019 $ 25,300,000 Total $ 151,129,549 II. PROPOSED FY 2018-2023 CIP 6 3/14/2017 PROPOSED FY 2018-2023 CIP Summary • 43 CIP Projects and 9 Programs • 8 New Projects • 6-Year Funding o City Funding - $166.0M o State Funding - $ 78.0M o Federal Funding - $ 39.9M o Total - $283.9M • Total Project Cost - $1 .01B • All Projects Previously Fully Funded are Still Fully Funded 13 PROPOSED FY 2018-2023 CIP New Projects in the FY 18 CIP • Cleveland Street Phase IV (SMART SCALE) • Elbow Road Extended Phase II-C (RSTP) • 1-264/Independence Interchange Improvements Study • Independence Blvd/Baxter Road Sidewalk (STBG) • Indian River Road Phase VII-B (SMART SCALE) • Laskin Road Phase I-A (SMART SCALE) • Laskin Road Phase III • West Great Neck Road Sidewalk (STBG) 14 3/14/2017 PROPOSED FY 2018-2023 CIP r Congestion Relief&Capacity Improvement Projects-$80.2M(48%) 11114600113 Special Programs&Projects- $19.2M(11%) Safety Improvement Programs- $26.0M(16%) 48% L Bridge Projects-$17.8M(11%) ® r Maintenance Programs&Projects- $22.8M(14%) Nal Total City Funding in Years 1-6: $166.0M PROPOSED FY 2018-2023 CIP Major Projects in the CIP • Centerville Turnpike Phase II • Centerville Turnpike Phase III • Elbow Road Phase II-B • First Colonial RdNa.Beach Blvd. Intersection Improvements • Greenwich Road Crossover/Cleveland Street Improvements • Indian River Rd/Kempsville Rd Intersection Improvements • Indian River Road Phase VII-A • Landstown Road Improvements Phase I • Laskin Road Bridge Replacement • Laskin Road Phase I-A • Laskin Road Phase I-B • Princess Anne Road Phase VII • Rosemont Road Phase V • Sandbridge Road Bridge Replacement • Sandbridge Road—Nimmo Phase VII-A • Shore Drive Corridor Improvements Phase III • West Neck Road Phase IV 16 3/14/2017 3 .. ., t ,c; CENTERVILLE 4 ) •...... - .,.. . TURNPIKE — PHASE II /oa%o CIP 2-409 • °aa • Four-lane divided highway ‘01from Indian River Road to goad Kempsville Road 4. `? • y;�e ; ,, • Design Underway; . FQ 0, t 90%Submittal—May 2017 Y. ` 1, ,?$ • Site Acquisition—July 2015- fo July 2018 • Utility Relocations— Overhead;July 2018-July 2019 Total Project Cost: • Project Includes Soundwalls $39.8M • Start Construction— July 2019 • Complete Construction— December 2021 n CENTERVILLE ;,, "; Qa TURNPIKE — ,., sPg' s. PHASE III a`�,j �� CIP 2-419 ti + c. A • Four-lane divided highway I from Kempsville Road to the Chesapeake City Line taws\ w^"pkv� 9 •• SMART SCALE Project V • NE Selection Process Underway • Utility Relocations— ez 1 _ , Overhead • Probable Soundwalls • Start Construction- Total Project Cost: July 2022 $30.1 M • Complete Construction— June 2024 18 4 3/14/2017 . ELBOW ROAD S Independence Blvd EXTENDED — 14 PHASE II-B E CIP 2-152 a '9. • • 2 through lanes on the ultimate 4-lane right-of-way 't from Meadow Crest da . i Way/Margaret Drive to the Chesapeake City Line 4 • New Realigned 2-lane Bridge 42491 • Approximately 1.2 miles D yP Ro • 8-ft sidewalks 4 ' ✓; • 4-ft on-road bike lanes _ • Soundwalls • RSTP Project Total Project Cost: • Design and Site Acquisition $39.9M Underway • Start Construction— July 2019 • Complete Construction— July 2021 19 r"e - :, FIRST COLONIAL RD I ,4-, .-•, 4 • y �--' VIRGINIA BEACH BLVD c• --. ` " F INTERSECTION ',ill' - IF'-' d;.. IMPROVEMENTS:1 = _ •' CIP 2-072 r!y ,.. ., ' • Improvement of intersection -'. '03 iy, t bf, including turn lanes and Ft signalization upgrades �s 4. 1f • ...:1-:'-- • Six-lane divided roadway _ Fr �' _-. . _:7 ' j:= from Oceana Blvd to I-264 II -�� . overpass , ;' • Currently in site acquisition; .. approximately 75% o • �� , complete • Utility Relocations— Overhead;Underground at Total Project Cost: intersection $30.0M • Start Construction— May 2018 • Complete Construction— May 2021 3/14/2017 GREENWICH ROAD A `�7',i„7'. �f 4 ' CROSSOVER & . a ,4 � • ,,eoch•ej • CLEVELAND ST IMP. $° I PHASES I, II & III a CIP 2-401 rte, a r • Component of VDOT's ` One .t.,. r' . 1-64/1-264 Interstate Project ,� leve,,,a_ S 3• _- 'l • Phase I d r ,.- i 1 t.F�,t ^` — ' • Construct Access Road&Expand asp Z __ ye t Parking Lots for Impacted Properties .,_ -- • Construction Complete o • Phase II e . \ 11,1 ll '' �r, Relocate Cleveland St/Clearfield Ave 4• Tr . ...N's• +^--'•• Intersection r, l Design Complete;PUA Underway T ri fi • 1 F114.v••• a^ ;.. , •./ Start Construction-August 2017 • Complete Construction-June 2018 • Phase III Total Project Cost: • Widen Cleveland St to 4-Lane $16.8M Undivided from Clearfield Ave to Witchduck Road • Design&Site Acquisition In Progress • Start Construction-December 2018 Complete Construction-June 2019 • Flyover Bridge Aesthetic-$1M INDIAN RIVER ROAD I •'' :'tF • ,o.. f, KEMPSVILLE ROAD A; INTERSECTION ,; IMPROVEMENTS • CIP2-418 b°' -A 'nonan ,.. • Indirect Left Turns on ,r4, 7 . Kempsville Road Ry 4P`\ • • Median U-Turn Lefts on ••• FerrellPkwY Indian River Road ° a '• ' ' • Site Acquisition Complete ° • Utility Relocations— Jr-' Overhead;95%Complete ,. 1� . >;' • Construction Advertisement— k • ;: r: . March 2017 • Start Construction— Total Project Cost: June 2017 $20.7M • Complete Construction— December 2018 3/14/2017 INDIAN RIVER ROAD PHASE VILA • CIP 2-256 yrf. lVnn a Pkwy , t • 2 through lanes on the • e\-14 ultimate 4-lane right-of-way f Ct „ae°`e from Lynnhaven Parkway to • S`�deae Elbow Road Extended • • Realignment of Indian River � , yy �la Road sem. �\�o� a Approximately 2.6 miles It' • 10-ft Shared-Use Paths • On-Road Bicycle Accommodations • SMART SCALE Project Total Project Cost: • Design and Site Acquisition $56.2M Underway • Start Construction— July 2020 • Complete Construction— January 2023 LANDSTOWN ROAD ��, IMPROVEMENTS — `in c PHASE I .., '' ^- CIP 2-050 411,,, s9 �'"q • Widen Landstown Road to I SportsplexDr ° Four-Lane Undivided,from 73 Vk, Sportsplex Drive to the Bend r V' • Approximately 0.6 Miles • Paved Shoulders&Asphalt ,y a, i r. Path 'Aly - . • Provide Access to the _ c Proposed Baseball Complex �! 'P11w „t q • Design Underway; t Incorporating SWM Betterments •Total Project Cost: Utility Relocation- Underground Distribution Line $8.1M Start Construction— July 2018 • Complete Construction— July 2019 24 3/14/2017 LASKIN ROAD PHASING 5 a.t. a ....,,reafe. • ••. sati_2fit•x 1 ciy �* �.!i- Y a2 .A. s +.3• . !Plc .a- 4 ' g f1t�- �.}��,J • .� ��., r p' 4. 4/1;''''' R. v 1 W.-i-.:7-4 4 .d ,,i '. ... l v....-#:, i w• _ �� `/ 1- .fes.. ` - - • •'a' � ,. 'tea •F- .,, + E ,46416 !- - Laskin Road Phasing �__no-- •. 1 1111111111111. 111111.... LASKIN ROAD BRIDGE REPLACEMENT CIP 2-040 • • VDOT Administered project • , -` • Built in1938 f �• • Structure has exceeded •laskinBd i .. f? • , useful life ^w,4;: !E • Sufficiency rating-61.2 P . Al* 4-264 • Deck and Beam Deterioration w rl;--::, :; afl • Utility Relocations Ongoing `--- ' - • Start Construction- -- October 2018 Total Project Cost: • Complete Construction- $22.1M January 2021 SMART SCALE project 3/14/2017 • f>; LASKIN ROAD — , le+):144,.....,,- .;.- � PHASE I-A ' '' ,, a` ¢ NEW PROJECT � z -' Eight lane divided highway w �'= ° ` with continuous right turn _• Winwood Drive and six lane I.,^ +� ` ' : �f" 8 divided highway to Freemac .: • ,t; - Drive •.r, st ;.,, • Six-lane divided highway on % ' �, First Colonial Road from r .%�`.i ,,- '.4.‘t. .% .. it k1 j Laurel Lane to 1-264 l '��` • . 4: • VDOT Administered(Last ''` Legacy Project) • Wide Outside Lanes for Total Project Cost: Bicycles $29.0M • Single Shared-Use Path • $15M SMART SCALE (BTC:$14.0M Funding Awarded • $14M Local Funding Commitment(FY18-FY20) 27 ;:?Q LASKIN ROAD — • ✓ - PHASE I-B t }. 'j' CIP 2-156 R6 • �.1•%, �•� Six lane divided highway from ..15kin z ' .', 9 Y .+. - Red Robin Road to Oriole t2 ,�� • 4 i : �_ Drive Y -• • Construction for bridge replacement and road ` • improvements west of bridge ,, L r- •, removed;fully funded as �V f. m separate projects ■ - . ('„t VDOT Administered(Last * : 1.-- Legacy Project) • Site acquisition is complete Total Project Cost: • Utility relocation underway; $55.5M overhead BTC:$19.2M 28 3/14/2017 . PRINCESS ANNE ROAD - PHASE VII + e 11' CIP 2-195 r e u . . . Os.; from • Four-lane divided roadway ~. ` �eyQa1 ii s.n�, from General Booth Blvd to 111.1. ,-;.r ',f P"°Ah,e Fisher Arch y, • Improvements at the • - intersections of General Fisher 4 ` . r�- ,�'" �' Arch s Booth Blvd,Elson Green ',` w a,6ry Ave,and Upton _ pPR41 Drive/Sandbridge Road k.•'(;) ,• . • Design is 95%complete z'. y !.` •' • • Site Acquisition Underway; _4, ' ; . ''" i`r.... 50%complete • Utility Relocations- Total Project Cost: Overhead $40.1 M • Start Construction- July 2018 • Complete Construction- July 2020 ROSEMONT ROAD - PHASE V • CIP 2-038 Lynnhaven Pkwy. -..k.'4• • Four-Lane divided roadway • between Lynnhaven Parkway 9 and Dam Neck Road / N,, -0-4, ie , 1A' "Jsy ^ �',.q A," • Approximately 1.3 miles • i • Reduce Congestion s 1pl � .f ,s eTF i 2,a6 ."• • • Signal Upgrades v.` • 10-ft wide Shared Use Path �Jtti \ -,... Design Underway • Utility Relocations- Existing Underground Total Project Cost: $17.9M - Start Construction- January 2018 Complete Construction - January 2020 1 r 3/14/2017 ;r7. . - . _ SANDBRIDGE ROAD BRIDGE ,.: t 'zj,` REPLACEMENT ,.�� - ► CIP 2-416 '•'S' ,-; -4.,.‘ _ -s, • New bridge over Hells Point � /16 n Creek 4 • Sufficiency rating—35.2 Sandbridge Road c...:3.. • Rated as"FAIR"due to deck and beam deterioration 'F • Design Ongoing— ;rte 90%Complete ' il " • Environmental Coordination ._ 1 Underway • Start Construction- Total Project Cost: July 2018 $8.0M • Complete Construction— June 2020 31 SANDBRIDGE RD — NIMMO VII-A CIP 2-078 N„.„„/ • Safety Improvement Project- °Pkwy Eliminates dangerous'S' curves&raises road outside CP. of Flood Plain a°� a • Two-lane Undivided Roadway D' with paved shoulders from A Sandpiper Road to a. McClanan's Curve VI% ,� 1 • 1.1 Miles ••j • • L. 1'.=. `�+; • On-Road Bicycle Accommodations • Single Shared-Use Path on Total Project Cost: South Side $19.7M • Design Underway • Environmental Permit Issued BTC:$14.OM January 2017 • Project Funded for Site Acquisition&PUA 32 1 F; 3/14/2017 SHORE DRIVE CORRIDOR - IMPROVEMENTS — PHASE III A _ CIP 2-117 • \ .ae '? No capacity expansion— 4007,1111111r., , . ` .1 Retains four lanes from Vista ' \� ''� ,it • L • * Circle to N. Great Neck Road • —,may..• ...x v. • „ti,row;L i. • Improve safety and vehicular/ r 'i r- 'a:► pedestrian traffic flow ,,,/.....,_,v, e 'er`. :x o • Includes drains e Ikt .,,'AI r = s; ' �+*!� improvements,edge • ��” treatments,and multi-use •A - path .., , •4 1 - -- • Currently at 65%design • Utility Relocations- Total Project Cost: Overhead;undergrounding at $22.3M signalized intersections • Start Construction— October 2018 • Complete Construction— October 2020 33 WEST NECK ROAD — �,,d�ti°`d , " PHASE IV N ``:° y e CIP 2-088 s� 2 S" • Two-Lane Undivided Parkway d ,- From Kellam High School to ° King's Landing Development Entrance • Approximately 1.1 miles • Paved Shoulders for Cyclists • Shared-Use Path • • Improve Safety .:--1N74, ' Mike • Developer Cost Participation Agreement Total Project Cost: • Start Design—April 2017 $12.0M • Start Construction— July 2020 - Complete Construction— August 2021 34 17 3/14/2017 PROPOSED FY 2018-2023 CIP Major Programs in the CIP • City Wide Street Lighting Improvements II . Major Bridge Rehabilitation II • Rural Road Improvements II • Street Reconstruction II . Traffic Safety Improvements IV (TSI) • Traffic Signal Rehabilitation II • Transportation Network Modeling and Analysis • MAJOR BRIDGE Elbow Road Bridge REHABILITATION II CIP 2-022 eir Inspection& Rehabilitation of bridges,culverts,and overpasses 40; ` ` 13 bridges functionally obsolete • inna • 2 Bridges structurally < }t # deficient 1 t Annual Funding: $1.46M - $1.66M .410 Elbow Road Einlige 3/14/2017 STREET . r_ RECONSTRUCTION II CIP 2-026 Independence/Pembroke • Design and Reconstruction of one to three streets or intersections per year, as funding allows,that have reached the end of their service life and for which maintenance is not effective Independence/Pembroke Northampton Blvd. Accomplishments Scheduled/Underway Annual Funding: • Northampton Blvd. • Shore Dr. $1.15M - $2.15M • Independence Blvd.& • Kempsville Rd.& Pembroke Blvd. Centerville Tpke. • Indian Creek Rd. • Princess Anne Rd.& Lynnhaven Pkwy. 37 Active Projects in the Program: TRANSPORTATION ➢ Cypress Avenue Sidewalk SAFETY ➢ Mediterranean Avenue Sidewalk IMPROVEMENTS (TSI) — PHASE IV ➢ Wolfsnare Road Sidewalk CIP 2-026 Improvements - Phases I, II and III • This program provides for • Dam Neck Road/General Booth Blvd modwcof existing roadwayyss by Intersection Improvements constructing/installing t. --M Turn Lanes ➢ Kendall Street Sidewalk o Bypass Lanes ➢ Greenwell Road Sidewalk >- o Realignment of Existing ➢ Buckner Boulevard Roadways o Traffic Signals Shared-Use Path Y , o Guardrails ➢ South Boulevard Sidewalk -_ o Sidewalks ➢ Stratford Chase ADA Ramps ' " o Removing Visual ➢ Eaglewood Drive Sidewalk Obstructions, Average Annual Various other Traffic Safety Funding: $2.5M Improvements 3e q 3/14/2017 TRAFFIC SIGNAL ■ REHABILITATION PHASE II • CIP 2-410 • Includes,but not limited to, the replacement of deteriorated and/or antiquated components of traffic signals Average Annual ,_„170,ff 9 Funding: $183K Accomplishments Scheduled/Underway • Signal Upgrade at • Laskin Road/Hilltop • Northampton Blvd/Baker intersection of Rosemont North Signal Replacement Road Signal Replacement Road and Holland Road • Sandbridge Road/ • Lynnhaven Parkway/ • Replace existing yellow Heritage Park Drive/ Potters Road Signal flashing signal at Haygood Entrada Drive New Signal Replacement Fire Station&Rescue Installation • Atlantic Avenue Corridor Squad with an Emergency- • Dam Neck Road/ Signal Replacement(17", Vehicle Hybrid Beacon Rosemont Road Signal 19" 2151&22nd) Replacement 30 III. REQUESTED - ABOVE TARGET PROJECTS 40 20 3/14/2017 REQUESTED - ABOVE TARGET PROJECTS , Project 1 Unfunded Amount 1. Buccaneer Bulkhead Replacement(Maintenance—FY18) $ 4,500,000 2. Cleveland Street Phase IV(SMART SCALE—FY22&FY23) $ 13,647,000 3. Indian River Road Phase VII-8(SMART SCALE—FY22) $ 6,430,000 4. Laskin Road Phase I-A(SMART SCALE—FY18,FY19&FY20) $ 14,000,185 5. Nimmo Parkway Phase II-A(Veteran's Care Center—FY18) CRITICAL$ 2,000,000 6. PungoFerryridgeRehabjMaintenance—FY19) NEED $ 3,900,000 7. 1-264/Independence Interchange Improvements Study $ 300,000 _ 8. Indian River Rd/Princess Anne Rd Intersection Improvements _ $ 6,521,937 9. Laskin Road Phase I-B $ 19,182,093 10.Laskin Road Phase II $ 10,596,210 ~ 11.Laskin Road Phase III _ $ 33,478,352 12.Nimmo Parkway Phase II $ 33,961,739 13.Sandbridge Road—Nimmo Phase VII-A _ $ 14,005,837 14.Nimmo Parkway Phase VII-B - $ 26,817,620 15.Princess Anne Road Phase VII-A $ 8,393,979 16.Shore Drive Corridor Improvements Phase IV $ 12,508,645 41 "r CP-i • ' BUCCANEER BULKHEAD -. -. 00,: f REPLACEMENT „�. NEW PROJECT t. Xi I X .. ' • Replace 2,100 feet of 0. = aluminum bulkhead built in '�1 a '' 1983 with coated steel sheet ,. , • pile system �� 4 "� -. • 50 feet replaced in 2010 • .11 Ir�r — �. • 50 feet replaced in '_, • ' .) September 2016 ,F• • 100 feet failed mid-December ` - ' - '- ' 2016;interim repairs yeits underway '''. • .- • Design Complete September 2016 Repair ' II_ .,- I I . ... t Total Project Cost: BTC:84.5M $4.5M FY18 Request 42 21 3/14/2017 . ,- - ., CLEVELAND STREET r � .41 PHASE IV :. ' New Project 0 �� '.. s at ,jy.•�, -- o[`/irginia Beach Blvd+' •_ .1,. i '? ;!:1,1-,E' •' ' • Four-lane divided highway i. = r, » from Witchduck Road to r 7eveland5t ' 9 ��.- ` a��: : a ► .•a. "IF j Independence Boulevard qZ • :�" 1 ti 1 • _ ` • 1.2 miles k; 3 . ,-- - •�� -m • 8-ft Shared-Use Paths G • • �• • On-Road Bicycle i 52 Accommodations - • $10M SMART SCALE Funding Awarded • $13.6M Local Funding Total Project Cost: Commitment(FY22&FY23) $23.6M BTC:$13.6M FY22&FY23 Request INDIAN RIVER ROAD PHASE VII-B New Project { • • • Final 2 through lanes on the �c¢B�,a ultimate 4-lane right-of-way 'o S��dev�"ate a from Lynnhaven Parkway to 2 `. • Elbow Road Extended P15 • Realignment of Indian River �a Road z E`'°� • 2.6 miles • 10-ft Shared-Use Paths • On-Road Bicycle Accommodations Total Project Cost: • $5M SMART SCALE $11.4M Funding Awarded • $6.4M Local Funding BTC:$6.41 Commitment(FY22) FY22 Request I 44 22 3/14/2017 ;� �;, LASKIN ROAD — ti It i.•?! •,� =-Safi`` ' :, # PHASE I-A �' � ' 0`� Fs CIP 2-156 �- , ' r � � �j NEW PROJECT r 4 ',1 , $ .. • Eight-lane divided highway r=��1 H:�7 ..� with continuous right turn .4,,--.,=,,N 1 . �( ,Kf %il •;' lanes from Republic Road to £ ,,_ Winwood Drive and six-lane ' y. r' divided highway to Freemac •`. .Vi --° .4r.-v,:1'.:i .� Drive t _ e ' '""•t t' • Six-lane divided highway on ' Ni 3"`(�: �A► '''•- , u f: First Colonial Road from r• r r� *;-/• 4•+ l ` .. /;" Laurel Lane to 1264 ; • '-. 1:',‘;•'''jr.ti''"' ,•;i•, • VDOT Administered(Last � Y:'v: Legacy Project) • Wide Outside Lanes for Bicycles Total Project Cost: • Single Shared-Use Path $29.OM • $15M SMART SCALE BTC:$14.0M `' Funding Awarded FY18,FY19&FY20 • $14M Local Funding Request Commitment(FY18-FY20) 45 1 • �'_.`} :; �. '' NIMMO PARKWAY PHASE II -A 4' ' _.4 :,:' CIP 2-501 if ' �I ^'f � Two-lane Undivided Roadway N=`? " from West Neck Road to the • . ... Veteran's Care Center �sryP r Entrance Ram r • 650 linear feet 4, -r '4. • Start Preliminary Design- January 2017 N.ao. Total Project Cost: $2.2M BTC:S20M FY18 Request 3/14/2017 .. I . I. PUNGO FERRY c 1 , ' 1 -� �' %N BRIDGE REHAB � ._r-�'-N 'e X. NEW PROJECT r: ' ern Built in 1991,two lanes of v - traffic over North Landing River • Overall condition rating of ' good • Project includes rehabilitation of bridge deck and superstructure to preserve the structure life of this 26- year old bridge 4. • Design Completed r,, 11 . • $3.9M in Construction funds - . requested for FY19 Total Project Cost: BTC:$3.9M $4.0M FY19 Request 47 -*' t� _ • `•':N,,,. 1-264/INDEPENDENCE ' . s=•`; 'r, INTERCHANGE ii --'"'4--.' � IMPROVEMENTS u -... "�r� STUDY P- ' r, New Project N� �► E '.)+11`-,' • Analyze improvement e `v ' " alternatives for the sub- ,}. ~ - standard 1-264/Independence , - - T .1 II_ Interchange y ' • .•••x,..-.2 ♦ , i 'F ',.•. . ; Develop Interchange �'a� ° . Modification Report(IMR)— F}",r ,•,>s., ',,.. _ July 2017—June 2019 ,•, , ' P .4`. ea • Congestion Relief Project ° • IF.; ' , • VDOTAdministered (Interstate Project) Total Project Cost: $500K BTC:$300K� 48 3/14/2017 RD r oard Road /PRINCESSINDIANRIVEARN NE RD INTERSECTION AL a IMPROVEMENTS CIP 2-422 • Intersection Improvements at 4 the PAIR intersection to ' indra„R; increase capacity ,,erRa N - . Total Project Cost: $6.8M BTC:$6.5A1 -,;+Q LASKIN ROAD - PHASE I-B k "',i-� , . CIP 2-156 ' ,r ri _ 1.ask`n,Rd'�-7-1 _�,a,)+� ;r• '' ;i • Six-lane divided highway from it., vt,�y;, Red Robin Road to Oriole • Drive • `+ • ': ' ..., r- •k^ • Construction for bridge .'~ "• ': = replacement and road r ,4,,,. T3 . improvements west of bridge +t`ycli - fib ." •-_•• ' removed;fully funded as ~:zseparate projects n+c 4 1- I* a`'a VDOT Administered(Last i -..!.,11. Legacy Project) • Site acquisition is complete Total Project Cost: • Utility relocation underway; $55.5M overhead BTC:$19.2141 50 75 3/14/2017 LASKIN ROAD - - `/),; 3/14/2017 NIMMO PARKWAY PHASE II ,: CIP 2-501 • - • Four-lane Divided Parkway R' • ` 'J` from West Neck Road to the intersection of Landstown Road—Phase III • i �;` • 7,000 linear feet NOM1hvandlnBad n • On-Road Bicycle �a. Accommodations • Shared-Use Path Total Project Cost: $34.2M BTC:$34.0M 53 SANDBRIDGE RD - • • NIMMO VII-A CIP 2-078 N h° • Safety Improvement Project- Eliminates dangerous`S' curves&raises road outside of Flood Plain ea • • - $ • Two-lane Undivided Roadway • with paved shoulders from • Sandpiper Road to McClanan's Curve • 1.1 Miles t • • On-Road Bicycle Accommodations • Single Shared-Use Path on Total Project Cost: South Side $19.7M Design Underway • Environmental Permit Issued BTC:$14.0M January 2017 • Project Funded for Site Acquisition&PUA 54 27 3/14/2017 NIMMO PARKWAY ' z , PHASE VII-B 4 � ,., CIP 2-110 1 t/ • Two-lane Undivided Roadway ii r ' i w. with paved shoulders from •'.:•``." • • Y„ Albuquerque Drive to the f a western terminus of the y•bl, py ¢ ;�' Sandbridge Road-Nimmo ` s„ Phase VII-A project Pj LV-- +4,,. ''11 • • 1.5 Miles � a • On-Road Bicycle Accommodations - ' k • Single Shared-Use Path on North Side Total Project Cost: • New Bridge spanning Ashville $27.8M Creek BTC:$26.8M . PRINCESS ANNE 'is 4!'. ROAD PHASE VII-A e, CIP 2-033 TJ ,Y a a6 a Q ' �. cc� eP9o• • Safety Improvements from (cam /„P Sandbridge Road to .i Q`c`� Seaboard Road • Shoulder widening •• • n • Drainage Improvements ' - , . • Utility Relocations ' •• a i Y�~ - . -T. Total Project Cost: $8.7M BTC:$8.4M 1 6 78 3/14/2017 SHORE DRIVE CORRIDOR IMPROVEMENTS - PHASE IV •.. �._, r CIP 2-118 �` _ . } �_ ?• !. • No capacity expansion— " " Y retains four lanes from Marlin Ma .`: b" ' Y Bay Drive to East Stratford _Nal, Road • '" Aj • Includes safety improvements,edge treatments,and multi-use ;l paths • Currently at 30%design Total Project Cost: $13.3M BTC:$125M IV. REQUESTED - NOT FUNDED PROJECTS 74 3/14/2017 REQUESTED - NOT FUNDED PROJECTS Total Estimated Project Name Description Cost 1 Birdneck Road 1-264 to Virginia Beach Boulevard $ 13,970,880 2 Clearfield Avenue Virginia Beach Boulevard to Cleveland Street $ 9,802,000 3 Dam Neck Road-Phase I Princess Anne Road to Holland Road $ 31,000,000 4 Dam Neck Road-Phase II Holland Road to Drakesmile $ 34,800,000 5 Dam Neck Road-Phase III Drakesmile to London Bridge Road $ 48,900,000 6 Drakesmile Road Extended Dam Neck to Holland Road $ 15,335,020 7 Drakesmile Road Extended-Phase II Holland road to Princess Anne road $ 12,000,000 8 Elbow Road Extended Phase II-D Meadow Crest/Margaret Dr to VB Amphitheater $ 27,273,630 9 Extension of the Municipal Area Network 30 additional miles of fiber optic cable $ 1,500,000 10 Ferrell Parkway Indian Lakes to Pleasant Valley $ 33,644,160 11 Ferrell Parkway Pleasant Valley to Salem Road 5 37,693,920 12 First Colonial Road Old Donation Pkwy to Laskin Road 5 41,432,160 13 General Booth Boulevard Birdneck Road to Oceana Boulevard $ 44,858,880 14 General Booth Boulevard Oceana Boulevard to Dam Neck Road $ 29,240,640 15 General Booth Boulevard Dam Neck Road to London Bridge Road $ 52,646,880 16 General Booth Boulevard London Bridge Road to Nimmo Pkwy $ 18,068,160 17 Holland Road South Independence Blvd to South Plaza Trail $ 15,576,000 18 Holland Road South Plaza Trail to Rosemont Road $ 29,415,040 19 Holland Road Dam Neck to Rosemont Road $ 69,030,000 20 Holland Road/Rosemont Road Intersection Widen Intersection to accommodate Dual Lefts $ 56,585,000 59 REQUESTED - NOT FUNDED PROJECTS Total Estimated Project Name Description Cost 21 Independence Boulevard Northampton Boulevard to Haygood Road $ 61,369,440 22 Independence Boulevard Pembroke Boulevard to Virginia Beach Blvd $ 58,106.400 23 Indian River Road West Neck to North Landing 5 79,812,000 24 Indian River Road Elbow Road to North Landing Road 5 89,424,000 25 Indian River Road Centerville Turnpike to Ferrell Pkwy 5 58,106,400 26 Jeanne Street Constitution Drive to Independence Boulevard 5 5,566,000 27 Landstown Road Phase II Extend Landstown 0.8 m South from 90"Bend $ 18,886,000 28 Landstown Road Phase III Extend from Landstown Ph II to North Landing Rd 5 12,817,000 29 Landstown Road Phase IV Extend from Landstown Phase III to Indian River Rd 5 18,000,000 30 Laskin Road Phase III Great Neck Road to Republic Road $ 56,455,035 31 London Bridge Road Dam Neck Road to Shipps Corner Road $ 40,809,120 32 Lynnhaven Parkway Holland Road to Princess Anne Road $ 73.830,240 33 Lynnhaven Road Bridge Replacement South Lynnhaven Rd over London Bridge Creek $ 3,000,000 34 Newtown Road Baker Road to Virginia Beach Boulevard S 28,000,000 35 Nimmo Parkway Phase Ill Intersection of Landstown Rd Ph III to North Landing $ 34.217,061 36 North Great Neck Road Virginia Beach Boulevard to Wolfsnare Road 5 32,398,080 37 North Lynnhaven Road Virginia Beach Boulevard.to Lynnhaven Pkwy 5 14,572,800 38 North Lynnhaven Road Virginia Beach Boulevard to Kings Grant Road 5 13,358,400 39 Pacific Avenue-Phase II 18th Street to 20th Street $ 3,500,000 40 Pacific Avenue-Phase III 15th Street to 18th Street 5 14,000,000 60 ;0 3/14/2017 REQUESTED - NOT FUNDED PROJECTS Total Estimated Project Name Desci,ption Cost 41 Pacific Avenue-Phase IV 20th Street to 23rd Street $ 15,000,000 42 Princess Anne Commons Road A Landstown Center Way East 1200 feet $ 3,349,000 43 Princess Anne Road Providence Road to Salem Road $ 17,000,000 44 Providence Road Kempsville Road to Princess Anne Road $ 49,790,400 45 Rosemont Road South Plaza trail to Holland Road $ 42,678,240 46 Rosemont Road Virginia Beach Boulevard to South Plaza Trail 5 26,479,200 47 Salem Road Independence Boulevard to Elbow Road 5 21,068,000 48 Salem Road Elbow Road to North Landing Road $ 62,606,000_ 49 Salem Road Extended Landstown Rd SE 1.5 m to Nimmo Pkwy Ph III $ 35,614,000 50 Sandbridge Road Princess Anne Road to Atwoodtown $ 67,573,440 Si Seaboard Road Princess Anne Rd(North)to Princess Anne Rd(S) $ 20,665,680 52 Shore Drive ECL Norfolk to Diamond Springs Road $ 6,072,000 53 Shore Drive-Phase II Pleasure House Road to Treasure Island Drive $ 24,288,000 54 Silina Dr Rosemont Road to South Lynnhaven Road $ 24,773,760 55 South Independence Road Holland Road to South Plaza Trail $ 20,401,920 56 Virginia Beach Boulevard 6264 to First Colonial Road $ 70,435,200 57 West Neck Parkway North Landing to Elbow $ 62,726,400 58 West Neck Parkway Ext'd North Landing Road to Indian River Road $ 35,100,000 59 West Neck Road North Landing Road to Indian River Road $ 20,842,965 Total RBNF Projects $ 1,965,464,551 61 DISCUSSION 62 q1 3/14/2017 V. CIP PROJECT DETAIL SHEETS I , c_11 ',A . - BUS STOP INFRASTRUCTURE AND ACCESSIBILITY 11/ - + I, IMPROVEMENTS .i� CIP 2-094 II MON m • Shelters w IIII • Benches s!116111, liso-... • Sidewalks illIllIllM • Trashcans • ADA Access Ramps 1 • Increase Accessibility and Connectivity • Improve Safety Average Funding: $306K/year 3/14/2017 CENTERVILLE II TURNPIKE `` 1 PHASE II ''a4 CIP 2-409 °da • Four-lane divided highway • from Indian River Road to m d' Kempsville Road . • Design Underway; e�Qyrt 90%Submittal—May 2017 ' ! o - • Site Acquisition—July 2015- A July 2018 • Utility Relocations— Overhead;July 2018-July 2019 Total Project Cost: • Project Includes Soundwalls $39.8M • Start Construction— July 2019 • Complete Construction— December 2021 CENTERVILLE �a TURNPIKE r • �QsPHASE III 14,ACIP 2-419 • P �►r, ,r•y 4C ._ � :,•� * �y,.�� • Four-lane divided highway from Kempsville Road to the A ' Chesapeake City Line haven wnO a. SMART SCALE Project ck •l' `t,. • NE Selection Process Underway • Utility Relocations— ' +' Overhead . - • Probable Soundwalls • Start Construction- Total Project Cost: July 2022 $30.1 M Complete Construction— June 2024 3/14/2017 CITY WIDE STREET LIGHTING IMPROVEMENTS PHASE II CIP 2-160 • Lighting for Previous Unlit • _i ill Areas Bringing older Neighborhood • Lighting Levels up to Current Standards I ----- • Improve Night-Time Safety Funding: $60K/year 67 CLEVELAND STREET > 4 y� tt' PHASE IV Y • ' �' kC �d New Project ' '1 / % Virginia Bca66 Blvd+. . . w 'i4 • • '; 1 1 X I' ' •',lit`'ll - I a' • Four-lane divided highway s cc km •-` from Witchduck Road to x F..• f j _ Cleveland5l ' :"..i. • �. • i� ► •e.. gam, Independence Boulevard 9` '` � i • 1.2 miles 3 p , i m • 8-ft Shared-Use Paths Ne s ' On Road Bicycle ISO ,t z. Accommodations { • $10M SMART SCALE `.J Funding Awarded • $13.6M Local Funding Total Project Cost: Commitment(FY22&FY23) $23.6M L BTC:$13. '2d 3/14/2017 . ELBOW ROAD S,ndepende^«B'vd EXTENDED — PHASE II-B '... • E CIP 2-152 a N 'p. • 2 through lanes on the ultimate 4-lane right-of-way tfrom Meadow Crest da Way/Margaret Drive to the Chesapeake City Line ,� ' • New Realigned 2-lane Bridge a,.'9i • Approximately 1.2 miles r, o 'Poa • 8-ft sidewalks 3 ,, �` • 4-ft on-road bike lanes W • • Soundwalls • RSTP Project Total Project Cost: • Design and Site Acquisition $39.9M Underway • Start Construction— July 2019 • Complete Construction— July 2021 ea ELBOW ROAD S�ndependeMeBlvd EXTENDED — ^ PHASE II-C •� ........ - New Project �� 1 • Final 2 through lanes on the ''�'' �` +t ;. ki, `� ultimate 4-lane •right-of-way from Meadow Crest o , , •^. ,4. • � Way/Margaret Drive to the Chesapeake City Line •,'•. :(i0 • Full 4-lane section from Salem • . 4 Road to Meadow Crest �o Way/Margaret Drive 9;!R ` • Approximately 1.5 miles 4p r l a • 8-ft sidewalk C` • 4-ft on-road bike lanes • Completion(2 additional lanes) Total Project Cost: Brf the raligned Elbow Road Bridge $24.8M • Start Construction— September 2023 Complete Construction- September 2025 100%RSTP Funding 70 3/14/2017 '. • ; FERRELL PARKWAY h CIP 2-054 /,p /� A -.- • • • Six-lane divided roadway fete from Indian Lakes Blvd to \\e° %aa.. . -m Indian River Road • "' �'� • Ranks#3 in Volume/Capacity �CQ �P Y �¢ 9a= Turn Lanes ,II . :'ri. cx • New Mast Arm Signal .; • Bike/Pedestrian Accommodations Start Design— July 2017 Total Project Cost: Start Construction- $3.8M July 2020 71 FIRST COLONIAL RD / LASKIN ROAD INTERSECTION - • IMPROVEMENTS CIP 2-030 ilk° 4 '. w ;.� • Additional Westbound Left `a Ski• Road i, - — Turn Lane • n •', .. th`= Mast Arm Signals Donn'' ,1 • No Site Acquisition • oon C _� �, Required 101 a ger, . f: • Ranks#6 for Over-Capacity `y6a ,-- �? # . ' intersections f • Start Construction— July 2022 Total Project Cost: „ Complete Construction— $1.1 M July 2023 72 F; 3/14/2017 s y;. . : .�. .�-+-:- r .., FIRST COLONIAL RD / ►s ..esr' �' ;r . .'' VIRGINIA BEACH BLVD •i7: ,,, ., a INTERSECTION - y 5` ' '''• ''s IMPROVEMENTS Q' , s -',�. - CIP 2-072 • Improvement of intersection ,�,: (;ft • cfr _ including turn lanes and ' � 1 signalization upgrades a {.,•.--.... -v 1. ; r *-..•. .- • Six-lane divided roadway . .4„ 1 from Oceana Blvd to 1-264 r overpass 1 A ,` , " Currently in site acquisition; ;, approximately 75% r'i complete 14, v` • Utility Relocations— Overhead;Underground at Total Project Cost: intersection $30.0M • Start Construction— May 2018 • Complete Construction— May 2021 GREENWELL ROAD A, '' SIDEWALK '� �..._ ' , �' . sio... CIP 2-300.016 ,ra y :.+• �• "'" - t . • 8-ft Asphalt Path along West j .4,:,44,. ., ., . • side of Greenwell Road from 4 1. - 7/Li'.� ' `•� First Court Road to Delco �°/ �, . Road _ 5-ft Sidewalk along West side a`--‘4': , of Greenwell Road from Delco Road to Shore Drive '...4.11-r.'".-tie t, w y' w " ':• "F; • Approximately 0.50 miles ; y.,: J'-'• '�.":"M.".45,:_:" Includes curb and gutter,tree removal and driveway replacement Total Project Cost: • Design Complete; No Site $467K Acquisition Required • Start Construction— March 2017 Complete Construction— July 2017 3/14/2017 , GREENWICH ROAD �`7�Cig7aePd•che,�, CROSSOVER & 6 ' j^> ~ CLEVELAND ST IMP. — - G . ` • 1 , PHASES I, I I & III . ° rli �` a- CIP 2-401 `� 7� • - • Component of VDOT's 1-64/1-264 Interstate Project Ipve7 h v Fe r �� dSr� 1- _- l' • Phase I i f OR.Y R' - • Construct Access Road&Expand �sy C J JA t Parking Lots for Impacted Properties T f • Construction Complete • Phase II • ti ,f,,. • Relocate Cleveland St/Clearfield Ave 'T',' S ► ® ' Intersection r :i' q '`-1 C i Design Complete;PUA Underway teld l ri'' `L ' Start Construction-August 2017 • Complete Construction-June 2018 • Phase III Total Project Cost: • Widen Cleveland St to 4-Lane $16.8M Undivided from Clearfield Ave to Witchduck Road • Design&Site Acquisition In Progress • Start Construction-December 2018 • Complete Construction-June 2019 Flyover Bridge Aesthetic-$1 M 75 HOLLAND ROAD -' -• `. ".' 'I PHASE VI eck Rd':r:-- - - CIP 2-158 p . a '>eNir,.. , . —:' �+. `�' .c ~` • 4-Lane Divided Highway from ,.a. '3•/,Ice,r , "rt;.`' Dam Neck Road to Nimmo jqoParkway •-x t♦ �!¢� Nimmo Pkwy Currently in Construction 4114 -- s ' �{ `; • Utility Relocations- ` `2.4116:.‘r,.,:.4147 ..,� Overhead 1`+� 4 1 , • VDOTAdministered _ e's.' ;) • .4 • Started Construction- November 2014 • Complete Construction- Total Project Cost: October 2017 $64M 76 38 3/14/2017 1-264/INDEPENDENCE _ � ''Y -y: INTERCHANGE Vir��gHa Beach.tip_d' , ' ' _ . 4,' '`r IMPROVEMENTS STUDY . . New Project w ", • Analyze improvements alternatives for the sub- . - i-264 standard 1-264/Independence P Interchange • - • .1 •, • Develop Interchange Modification Report(IMR)— ,Nv- July 2017—June 2019 'O,e- • • Congestion Relief Project • °• • VDOT Administered (Interstate Project) Total Project Cost: $500K BTC:$300K 77 INDEPENDENCE ' BLVD/BAXTER ROAD SIDEWALK ,,v `.- CIP 2-112 ' New Project 1.264! - • 5-ft sidewalk along the west _ side of Independence Blvd from 1-264 East on-ramp to �� Baxter Road •e- . .� y Pd �A ' • ,7 - 5-ft sidewalk along north side ,N ,,,,,,44,-,. r Ty, • / / . of Baxter Road from ' ,.�✓i. d i)°e - Independence Blvd to Alicia r,� 7 i> + , Drive �7 t''' /Da • Pedestrian Connectivity Project Approximately 0.4 miles I Total Project Cost: TAP Project $1.15M ' Start Design—January 2017 Construction—January 2018 to June 2018 3/14/2017 INDIAN RIVER ROAD / t KEMPSVILLE ROAD 1. INTERSECTION IMPROVEMENTS • CIP 2-418 • Indirect Left Turns on a • Kempsville Road / Ry • Median U-Turn Lefts on Ferrell Pkwy Indian River Road ea '+ ' • Site Acquisition Complete • Utility Relocations— 6 Overhead;95%Complete • Construction Advertisement— ''�i `N March 2017 • Start Construction- Total Project Cost: June 2017 $20.7M • Complete Construction— December 2018 79 -: INDIAN RIVER RD t /PRINCESS ANNE RD Seaboard Road INTERSECTION IMPROVEMENTS C I P 2-422 • Intersection Improvements at the PA/IR intersection to /naiad RverRd • increase capacity Total Project Cost: $6.8M BTC:$6.5M 80 3/14/2017 . INDIAN RIVER ROAD • . PHASE VII-A • CIP 2-256 i Pkwy 4 • 2 through lanes on the • ' ultimate 4-lane right-of-way # - SC" ecaeo`e from Lynnhaven Parkway to % S‘Cseg.P ..• Elbow Road Extended • • Realignment of Indian River P.poRoad . ��n°��a • Approximately 2.6 miles is w'"3 • 10-ft Shared-Use Paths • On-Road Bicycle r-,•``'' Accommodations • SMART SCALE Project Total Project Cost: • Design and Site Acquisition $56.2M Underway • Start Construction— July 2020 • Complete Construction— January 2023 $1 INDIAN RIVER ROAD PHASE VII-B • • New Project 0. WM.'a` Pkwy + • Final 2 through lanes on the ;,e,,a ultimate 4-lane right-of-way a eV6e�‘ from Lynnhaven Parkway to S\�dev Elbow Road Extended 6.. • Realignment of Indian River ip c �a Road t_ e`'0°� • 2.6 miles • • 10-ft Shared-Use Paths • On-Road Bicycle Accommodations Total Project Cost: . $5M SMART SCALE $11.4M Funding Awarded • $6.4M Local Funding BTC:$6.4M Commitment(FY22) 82 41 3/14/2017 KENDALL STREET 10.0, - Ire,:P.111P7r' ♦ \ CIP 2-300.005 • 4:4. :'.t*' ' • sr° {. ,a"' • 5-ft Sidewalk along West side ., ink.... 4,..s of Kendall Street from Admiral •' -1.77: • Drive to the Cape Henry Trail A. '. ; %• e�N��a\ • 5-ft Sidewalk along East side :� .R'" `.9 of Kendall Street from Cape •:.• y-s ••< t Henry Trail to Shore Drive = G:rt • '�1' • Approximately 0.20 miles '' , ,7'7..t. 44_� v i�� • Includes curb ramps,tree "( •.,. 4.',r ;�;. •• •i 4y ,• 4 removal and driveway replacement • Design Underway;90% Total Project Cost: complete $300K • Start Construction • — October 2017 • Complete Construction— January 2018 83 LANDSTOWN ROAD •��, IMPROVEMENTS — "" PHASE I "� •Ary, • CIP 2-050 SportsplexDrN9 • Widen Landstown Road to .1 a Four-Lane Undivided,from •-,# ��, Sportsplex Drive to the Bend fii-'': Approximately 0.6 Miles — .111- ,! • Paved Shoulders&Asphalt 4Path ---r • Provide Access to the - Proposed Baseball Complex •- - • Design Underway; -- _' Incorporating SWM Betterments TotalProject Cost: Utility Relocation- Underground Distribution Line $8.1 M • Start Construction— July 2018 • Complete Construction— July 2019 84 47 3/14/2017 . LASKIN ROAD BRIDGE • • . • •, -' ''_ REPLACEMENT •,-, f- CIP 2-040 • •• • • VDOT Admi nistered project ;¢ �1,;,r.- .%r' L _ � • Built in1938 J `' f • - ' • Structure has exceeded T a 1b bask Ba Cc )1 .$7� Y ' useful life y - Sufficiency rating-61.2 4-264 • Deck and Beam Deterioration ' •, -• os' • Utility Relocations Ongoing `► w ,�:�' --`-- • Start Construction- October 2018 Total Project Cost: • Complete Construction- $22.1M January 2021 • SMART SCALE project es -. :, �5 .v ;‘ LASKIN ROAD — :. T. •. :, ;a, ,t '. ! PHASE I-A ` � ';t J S• .R."\ 0� NEW PROJECT il -,.a, '- .. _ • Eight-lane divided highway t ;A' " ` " with continuous right turn P. c' , R��. lanes from Republic Road to i d = i� Winwood Drive and six-lane m ,11 ;� - divided highway to Freemac ,: ►!� '' 4 � R ,"" Drive ..,„lia �"' Six lane divided highway on % 6 C,. + ; ' . y,,, First Colonial Road from ?-+ , r.' t' °S' F Laurel Lane to 1-264 :.;' '"`' • �. '_t " 'i • VDOT Administered(Last <i1 + Legacy Project) • Wide Outside Lanes for Total Project Cost: Bicycles $29.0M Single Shared-Use Path • $15M SMART SCALE LBTC:$14.014. Funding Awarded • $14M Local Funding Commitment(FY18-FY20) BB 43 3/14/2017 a. r LASKIN ROAD — ,• • - '� ` PHASE I-B CIP 2-156 d •j • Six-lane divided highway from L,Sku)R ) * Red Robin Road to Oriole J;Fi. Drive X .x • Construction for bridge G replacement and road improvements west of bridge ,�. removed;fully funded as Car OA -----ii separate projects t • VDOT Administered(Last I r �' Legacy Project) • Site acquisition is complete Total Project Cost: • Utility relocation underway; $55.5M overhead r®TC:$19.2M I • LASKIN ROAD — 4-_.K.- .1,7J„, '9 ' ► PHASE II �' . j CIP 2-165 it ,..W:.• --'' ''7" fi r r':r• .___-,.,.r , • Six-lane divided highway from _ o R•. C-' IP' .. ...e Oriole Drive to the 31 st/30th A• Street split WO ' ' • Conceptual design complete • i • k' :: :-;:* • • Total Project Cost: $12.0M BTC:$10.6M 88 44 3/14/2017 -• LASKIN ROAD PHASE III CIP 2-264 New Project 014-9 vvc • 4e•,, �� • Eight-lane divided highway L3 ; • �° from Republic Road to 1-264 4I • , 1 mile vio • Remove existing Service/ Feeder Roads s • Bike Accommodations 1•264 - • Congestion Relief and Safety +� Project • Start Preliminary Design— July 2017 Total Project Cost: $33.8M BTC:$33.5M 89 LESNER BRIDGE , -- REPLACEMENT �•' CIP 2-168 s a r _ • a' Replaces existing Lesner Bridge with a Signature *41 Bridge ' Ability to handle 6 lanes of Traffic in Future • 10-foot shoulders • 10-foot Multi-Use Path in each direction • 45-foot Vertical Clearance • 150-foot minimum Horizontal Total Project Cost: Clearance $115.8M • Started Construction- June 2014 Complete Construction— April 2018 90 45 3/14/2017 - MAJOR BRIDGE Elbow Road Bridge REHABILITATION II • -. _ �, CIP 2-022 dr v,R'" • Inspection&Rehabilitation of bridges,culverts,and overpasses A / 11111 MI - `, •1313 bridges functionally ALAr obsolete • • 2 Bridges structurally 4 deficient '*i::11,:;!I 1 4. ; :t ' i t'i• ;' if,. it - Annual Funding: k. $1.46M - $1.66M - 11111 4 o. NEWTOWN ROAD / • Q , , .., � BAKER ROAD `� �,,v tint '_�..`` `' i��n '` INTERSECTION • F� . %\�'''.; A I IMPROVEMENTS l'-rt.' '- ,� s ‘ . CIP 2-037 • e9 r • ,f,, • Improve Safety ed4` r fRv A • Reduce Congestion r • Additional Turn Lanes Itlla Beach 1l1vd `tom''' • Intersection Reconfiguration 1.,- �, �. "`, • Start Design-July 2020 Total Project Cost: $1 M OIIIIIIIIIIIIIIIMMIIIIIIIMIIMEII 4h 3/14/2017 NIMMO PARKWAY PHASE II -A CIP 2-501 pia' , . /r 4..; • Two-lane Undivided Roadway J• N Z' 4from West Neck Road to the ��. . , ,* Veteran's Care Center Pct . ;1' , Entrance • 650 linear feet • • Start Preliminary Design— :' • January 2017 N`a • . Total Project Cost: $2.2M BTC:$20M FY18 Request 93 NIMMO PARKWAY PHASE II CIP 2-501 ry • C • • Four-lane Divided Parkway — +044 from West Neck Road to the !"� intersection of Landstown , Road—Phase Ill i Ps, • 7,000 linear feet ti No Rhta�d�ogio f1 • •• ^f • On-Road Bicycle .ti. � Accommodations • • Shared-Use Path t Total Project Cost: $34.2M BTC:$34.0M 94 3/14/2017 r NIMMO PARKWAY i. y'' PHASE VII-B 4 CIP 2-110 Ni • mho Pok, '. Two-lane Undivided Roadway with paved shoulders from Albuquerque Drive to the western terminus of the •: '4 Sandbridge Road—Nimmo Qa Phase VII-A project �_ , • ! • 1.5 Miles G ti� • On-Road Bicycle Accommodations • Single Shared-Use Path on North Side Total Project Cost: • New Bridge spanning Ashville $27.8M Creek BTC:$2t8M 95 PLEASURE HOUSE i l ROAD STREET t= = ` IMPROVEMENTS — ` �'�" r PHASE I CIP 2-056 Short,Orivr. ' • nrr-' 1, r • -• - • Street and Safety e Improvements from Northampton Blvd to Shore m _ Drive ` ` Nv� `nDtFirst ot,44tad • New Curb and Gutter t • Pavement Rehabilitation 4 . .'• • Storm Drainage • • Bike Accommodations • Concrete Sidewalk Total Project Cost: $1.3M • Start Design—July 2020 9 LIS 3/14/2017 PLEASURE HOUSE ROAD STREET Look. .tit ' IMPROVEMENTS — 4 ' PHASE II 4 ; - J \ CIP 2-057 *gilt .z- 1 ,.i., I2 Se a ImptreetrovementsandSaffrom Shore II 5p°te -`�a Drive to Lookout Road _ .�% • Pavement Rehabilitation It • Storm Drainage h3"9 °Jd • Bike Accommodations r ..4..A P. • Concrete Sidewalk • Start Design—July 2019 Total Project Cost: $3.0M 91 • . - PRINCESS ANNE ROAD — PHASE VII ° R a CIP 2-195 ••,, • Four-lane divided roadway (.0Q-4'...b-1, ASOfrom General Booth Blvd to Q QCC ,• + qv�. Fisher Arch • Improvements at the ps intersections of General 4" 4 • ' . hef Arch O Booth Blvd, Elson Green e' h s 0,6 Ave,and Upton �, a Drive/Sandbridge Road , _ • Design is 95%complete :;:,?" " r..k • Site 50%eomple en Underway; Utility Relocations— Total Project Cost: Overhead $40.1 M E Start Construction— July 2018 Complete Construction— July 2020 3/14/2017 PRINCESS ANNE ROAD PHASE VII-A CIP 2-033 { � Pc°e �P90 • Safety Improvements from �,, .� - Sandbridge Road to 44= ' Seaboard Road Shoulder widening os N I jnv0 s .kf • Drainage Improvements • Utility Relocations Total Project Cost: $8.7M BTC:$8.4M I 09 • PROVIDENCE ROAD SIDEWALK ' • CIP 2-058 3 • Street and Pedestrian •r `'a C _:, r . ; Improvements from d Kempsville Road to the jy Intersection of Indian Lakes Fa -ABlvd and Churchill Drive n • c",90, • New Curb and Gutter • 5-ft Concrete Sidewalk • Improve Safety • Pedestrian Connectivity Project Total Project Cost: Approximately 0.6 miles $955K TAP Project • Start Design—January 2017 Construction—November 2017 to March 2018 100 En 3/14/2017 • ROSEMONT ROAD — PHASE V • CIP 2-038 Lynnh2ven Pkwy. " # • Four-Lane divided roadway • between Lynnhaven Parkway 90 • and Dam Neck Road �i ^�O°� �'� • Approximately 1.3 miles • •0 • • Reduce Congestion 46 • Signal Upgrades • y. 2" 41 • 10-ft wide Shared Use Path • Design Underway • Utility Relocations— Existing Underground Total Project Cost: $17.9M • Start Construction— January 2018 • Complete Construction — January 2020 lot RURAL ROAD p'"santR,a IMPROVEMENTS — ch, PHASE II CIP 2-024 •st Neck Rd • Program to improve safety and geometrics of ° substandard roads in the ° "rural" part of the City ' • Two Recent Turn Lane Projects Princess Anne Road and Gum Bridge Road Left Turn Lane Princess Anne Road Turn Gum Bridge Rd Lanes at Pleasant Ridge Road and West Neck Road t • Annual Funding: $200K/Year 102 51 3/14/2017 SANDBRIDGE ROAD ett .....?.. : • •r ,� BRIDGE '• '5 t. K REPLACEMENT ti - . •4 CIP 2-416 sill' • New bridge over Hells Point Creek • Sufficiency rating—35.2 Sandbridpc Road c. 3, • Rated as"FAIR"due to deck and beam deterioration �F • Design Ongoing— 0E-:**isF• 90%Complete y • Environmental Coordination Underway T • Start Construction- Total Project Cost: July 2018 $8.0M • Complete Construction— ' June 2020 109 SANDBRIDGE RD — Jor d, NIMMO VII-A 4103,';'`- CIP 2-078 4,,,,,,,_ • Safety Improvement Project- Opkwy Eliminates dangerous'S' • curves&raises road outside of Flood Plain a' a a • Two-lane Undivided Roadway with paved shoulders from a Sandpiper Road to • McClanan's Curve • 1.1 Miles • On-Road Bicycle Accommodations • Single Shared-Use Path on Total Project Cost: South Side $19.7M . Design Underway • Environmental Permit Issued BTC:$14.OM January 2017 • Project Funded for Site Acquisition&PUA 104 52 3/14/2017 SHIPPS CORNER .a ROAD r-c` CIP 2-414 J, • {ter j .1` -•-'4,-• • Improvements from Skylark scocn0�µd `� c �4• , Drive to Approximately 900-ft sk PP ,� y, -, < from London Bridge Road _ y , • Left Turn Lane eFrA. - - • • • Geometric and Drainage -a'^NeckRd , C\/r ' Improvements o = I • • Pedestrian Improvements 40 z • /.1 I • Design Complete • Site Acquisition and Utility Coordination Underway Total Project Cost: • Start Construction— $2.4M November 2017 • Complete Construction— July 2018 SHORE DRIVE CORRIDOR • 4i IMPROVEMENTS — PHASE III , ' ' .. CIP2-117 sO` L , p c - • No capacity expansion— ~� ' t,dr 811..•-• Retains four lanes from Vista • •F••-,' y �; -• -\ :`4 Circle to N. Great Neck Road ..,,N•O;N'•. x . IeN, ,i c • Improve safety and vehicular/ ., • •�;, : ,r:,►t•" 1 pedestrian traffic flow .r ',y`7% 1 >` t;� .: , •.,i,—,:-- - "..=tel • s_ -_L,- _ .;..�- Includes drainage • b ,i.,td,,..t improvements,edge "I• •may treatments,and multi-use 1 f , - path Currently at 65%design Utility Relocations- Total Project Cost: Overhead;undergrounding at $22.3M signalized intersections • Start Construction— October 2018 • Complete Construction— October 2020 KM' 53 3/14/2017 SHORE DRIVE CORRIDOR IMPROVEMENTS — PHASE IV a CIP 2-118 mgrtve ` s,,. _;. s^• • No capacity expansion— retains four lanes from Marlin 4 Bay Drive to East Stratford aroma ye Road • • Includes safety • improvements,edge treatments,and multi-use paths • • • Currently at 30%design • Total Project Cost: $13.3M BTC:$12.5M STREET RECONSTRUCTION II CIP 2-026 Independence/Pembroke , • Design and Reconstruction of one to three streets or intersections per year,as funding allows,that have — reached the end of their service life and for which maintenance is not effective • _#I�i:T im„.„ Independence/Pembroke Northampton Blvd. Accomplishments Scheduled/Underway Annual Funding: • Northampton Blvd. • Shore Dr. $1.15M - $2.15M • Independence Blvd.& • Kempsville Rd.& Pembroke Blvd. Centerville Tpke. • Indian Creek Rd. • Princess Anne Rd.& Lynnhaven Pkwy. 106 4 3/14/2017 Active Projects in the Program: TRANSPORTATION Cypress Avenue Sidewalk SAFETY Mediterranean Avenue Sidewalk IMPROVEMENTS (TSI) — PHASE IV • Wolfsnare Road Sidewalk CIP 2-026 Improvements- Phases I, II and III • This program provides for • Dam Neck Road/General Booth Blvd modwaytion of existing roadways by Intersection Improvements ai constructing/installing o Turn Lanes ➢ Kendall Street Sidewalk . . • ;'= o Bypass Lanes ➢ Greenwell Road Sidewalk . o Realignment of Existing ➢ Buckner Boulevard Roadways Shared-Use Path o Traffic Signals .,. o Guardrails ➢ South Boulevard Sidewalk o Sidewalks ➢ Stratford Chase ADA Ramps o Removing Visual Eaglewood Drive Sidewalk Obstructions, Average Annual o Various other Traffic Safety Funding: $2.5M Improvements 109 TRAFFIC SIGNAL r REHABILITATION PHASE II CIP2-410 r r.. • Includes,but not limited to, the replacement of deteriorated and/or •411110 - antiquated components of I. traffic signals Average Annual - i Funding: $183K Accomplishments Scheduled/Underway • Signal Upgrade at • Laskin Road/Hilltop • Northampton Blvd/Baker intersection of Rosemont North Signal Replacement Road Signal Replacement Road and Holland Road • Sandbridge Road/ • Lynnhaven Parkway/ • Replace existing yellow Heritage Park Drive/ Potters Road Signal flashing signal at Haygood Entrada Drive New Signal Replacement Fire Station&Rescue Installation • Atlantic Avenue Corridor Squad with an Emergency- • Dam Neck Road/ Signal Replacement(17th, Vehicle Hybrid Beacon Rosemont Road Signal 19th,21°'&22nd) Replacement 110 5) 3/14/2017 Congested Roadway Segments to be Analyzed: NETWORK ▪ Ferrell Parkway between Indian River Road MODELING AND and Indian Lakes Blvd. ANALYSIS PROJECTS • Holland Road between South Independence CIP 2-176 Blvd. and Rosemont Road • Old Dominion University's Center for Innovative ▪ Indian River Road between 1-64 and Transportation Solutions (CITS)developed model of Centerville Turnpike the City's Transportation ▪ Indian River Road between Centerville System • Developed Macro and Micro Turnpike and Kempsville Road Models for the Southeastern • Providence Road between Kempsville Road Parkway and Greenbelt and Princess Anne Road Independence Blvd. between Northampton Average Annual Blvd. and Haygood Road Funding: $150K ▪ Virginia beach Blvd. between 1-264 and First Colonial Road 717 UPTON DRIVE EXTENSION/ DAM NECK STATION .! IMPROVEMENTS Dam CIP 2-047 sratOer °Ra • 2"d Left Turn Lane on a �p Southbound General Booth • Blvd at Dam Neck Station Road 4 Darn Neck Rd • Left Turn Lane on Dam Neck Station Road at General Booth • Blvd • New Traffic Signal at General , Booth Blvd/Dam Neck Station _ : ' • ;. Road Intersection ` • Upgrade Existing Traffic Signal at Upton Drive/Dam Neck Road Intersection Total Project Cost: ° Supports the Dam Neck Station $1.3M Development Cost Participation with Developer ° Construction-May 2017 to May 2018 112 56 3/14/2017 aa�• WEST NECK ROAD - �- ' �' ' PHASE IV ., �, a , CIP 2-088 • • r \ 2 ' a, 72, • Two-Lane Undivided Parkway OIL `f•t �� From Kellam High School to •� King's Landing Development ' . •• Entrance f • Approximately 1.1 miles • r • Paved Shoulders for Cyclists if, :"` . • Shared-Use Path .' • Improve Safety • Developer Cost Participation Agreement Total Project Cost: • Start Design—April 2017 $12.0M • Start Construction— July 2020 • Complete Construction— August 2021 j* R yt' '... vliii ; '?' p' WEST GREAT NECK 4 :.' ' „e�t` ' ROAD SIDEWALK '.1,,-7R� CIP 2-120 • _ k, �►'• ,, ;,,1111.:;..: New Project • j o s.µ • 5-ft sidewalk along the west 0 , ? ”St side of West Great Neck P ',-:*-1 '''•,. • „�, ;w'ti q. '',*'4%, Road from Adam Keeling y°,1,. y i ,t, • h.:4_1 r :?•, Road to the bridge over Long t ►��,a��, ,� Creek t* '( ."a ` ' ' '' • Improve Safety r" •4 '' A41( •a ..� i'"--:: • Pedestrian Connectivity Project f• f • Approximately 0.2 miles TAP Project Total Project Cost: • Start Design—January 2017 $924K • Construction—September 2017 to February 2018 114 57 3/14/2017 r. _ - ' - :\,. .:z WITCHDUCK ROAD fr;, ,' 1 7 : a ';. PHASE II t V `he%d .*♦ 0 CIP2-025 i • • c ., � • 6-Lane Divided Highway from 4 -. ! 1-264 to Virginia Beach Boulevard - •, t�_` • Improvements/Modifications �' • •, 1.2 ,`, ,-- f'1.1 i-; , =t\l to the following adjacent . ` roads: .'41,:::41, Y ;• :‘, o Pennsylvania Avenue " o Mac Street ..' j iC o Southern Boulevard t. VV �sr.* a r r-r.• o Cleveland Street o Admiral Wright Road(at Denn Lane) Total Project Cost: • Utility Relocations- $60.1 M Underground Duct Bank • Started Construction— January 2017 • Complete Construction— January 2020 14 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 3:01 P.M. Mayor Sessoms welcomed Kathy Warren, Director—Strategic Growth Area (SGA) office. Ms. Warren expressed her appreciation to City Council for their continued support: CITY OF VIRGINIA BEACH Economic&Tourism Development CIP Projects PVr2ot8-2023 March 7,2017 w t ..:::•. el�life • Below are a few of the "recent accomplishments": RECENT ACCOMPLISHMENTS * Oceanfront Parking Facilities * Oceanfront Capital Parking Access and Revenue Projects Reinvestment • Control System activated at 9 . Phase I of the Street and 25"'Street Garage Boardwalk LED Lighting Project was / completed which j replaced all off the 322 lights along the Boardwalk -. Phase II is scoped for Lai the remaining 275 Connector Park lights BEACH March 7, 2017 15 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) RECENT ACCOMPLISHMENTS * Burton Station Roadway Improvements Design complete for Phase I and IIIA * Economic Development Incentive Program • Bid In Spring 2ot7 S1,015,000 hi EDIP Grants incentivizing • Construction to begin Summer ZO9 $28,767,000 in private investment RECENT ACCOMPLISHMENTS * agth Street Improvements Full construction design completed and bids received Construction to begin in Fall 20,7 t;: ' m0 Y 4 March 7, 2017 16 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) This Map depicts the location of all the CIP Projects in the City: ECONOMIC& < TOURISM o. DEVELOPMENT PROJECTS J y FY2o18-2023 moo=•mrranwa.nonswum MOH= ../01# ........:.,....�R^CM S This is an overall Summary of the CIP projects: ECONOMIC&TOURISM DEVELOPMENT CIP PROJECTS FY2o18-1023 * Twenty-one(21)projects proposed within six year available funding -r Total Six Years 538,161,855 (FY2o,8 Available funding:57,724,066) * One(i)project requires additional funding in FY2o18(Amphitheater) r Total Increase of 521o,000 * One(t)project requires a transfer of funds in FY2o18(Burton Station) r Total Increase 53,895,035(Transfer) * One(i)project requires a transfer of funds In FY2ot8 and above available funding for FY2m9 and 2020(19"Street) r Total Increase 55,301,608(Transfer 51,301,608)(Above available funding FY2oi9,2020 54,000,000) * Six(6)projects are requested above available funding for FY2o18 r FY2o18 Above available funding:59,802,538(Total six year:570,825,230) ,1,19 Y,RR.1111A RMAGH • March 7, 2017 _4r 17 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) Below are ten (10)projects that were fully funded in previous years: PROPOSED PROJECTS FULLY FUNDED IN PREVIOUS YEARS * 9-008 Historic Kempsville * 9-011 Transit Corridor Development * 9-015 Arena Infrastructure Site Improvements-On Site * 9-017 Arena Infrastructure Development-Off Site * 9-037 APZ-1 Economic Incentives * 9-06919th Street Corridor Improvements * 9-081 Strategic Growth Area Projects * 9-091 Burton Station Phase III * 9-108 29t''Street Improvements * 9-276 Cape Henry Lighthouse The Winston -Salem Avenue Road Improvements is currently in design with construction scheduled to begin in October 2018: k 9.006 Winston-Salem Avenue Improvements Mediterranean Mto Pacific Avenue Design,property acquisition, construction of two-lane roadway with on-street parking,sidewalks, ,.� -!' J LED pedestrian lighting,landscaping. underground utilities Status:Project currently in design; Construction October 20,8-April 2020 FivemIMr4 Appropriated Budgeted FY or FY solo FY roe FY rau FY r023 ra11Y1 to Bato FY told $8,310,000 0404,5,6 0 $4.7r5.4$4 a o a a v aGir+w x r March 7, 2017 19 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) The "On-Site" Arena Infrastructure Site Improvements project is on hold pending the approval of the Arena project: * 9015 Arena Infrastructure Site Improvements-On Site Design and construction of public infrastructure improvements on 1916 Street to support 500,000 SF entertainment and sports arena Site work and addition of 2,700 S parking spaces,public plaza,lighting VB Blvd.streetscape improvements ♦ Status Project on hold pending - - approval of Arena PfdQ0incrM0 Appy,.... 0udr sd FY lay FY 2020 FY an FY 2orr 1023 %EOM to Oa 3v rr 003$ 346.520,000 $46,520,000 0 0 0 0 0 0 The "Off-Site"Arena Infrastructure Site Improvements project design is 90%complete. Construction is scheduled to begin this October: * 9-017 Arena Infrastructure Development-Off Site 2 Additional infrastructure improvements to support 500,000 • SF entertainment and sports Arena 2 Acquisition for improvements along Birdneck Rd.and the : wr'" intersection of VB Blvd. I Streetscape for Birdneck Rd., additional turn lanes and traffic .. ,,.tions Status;Project is at g0%design; ' Construction October 2017-May 2019 FropannM AppapWd O dg0ad FY 2039 FY1a20 Ft 2023 FY 20x2 FY 023 Fa0dh* to Dao re toe $21,151,000 $21,151,000 0 0 0 0 0 0 March 7, 2017 20 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) The APZ-1 Economic Incentives Project has eliminated fifty-five (55) "non-conforming" commercial properties within the APZ-1 Zone: * 9-037 APZ-,Economic Incentives Economic incentives to businesses to • convert non-conforming businesses 22 located In the APZ.,areas to conforming i1 possible To attract and relocate conforming businesses into the APZ-r -+ Relocate non-conforming businesses that cannot convert to other areas of the City Status:55 non-conforming commercial properties have been eliminated and the City has committed a total of$s.7 million to 38 •businesses to promote compatible development.VEDA has awarded$2.4 million in EDIP grants,leveraging more than Sqr million in new private Investment. Programmed Appropriated Budgeted FY 2019 FY 2020 sr 20:, Fr 2022 FY 1023 Funding to Date FY me $4857,092 54657,092 0 O O O 0 0 * 9.06919,"Street Corridor Improvements Start-up funding for study,design, property acquisition and minimal :r - +t,'. infrastructure improvements along 1qr,Street-Central Beach Corridor _ Study and design to implement Dome ,. Itl Site,Convention Ctr.Hotel,Arena 2• z n > Study and design for streetscape _ improvements from Parks to Arctic Status:Request to transfer S1.3M to 9- 10o for 192^St.Infrastructure , Improvements Pre8rrnmed Appropdated Budgeted FY my FT 0020 Fr 1021 13 2022 FY 2023 Funding to Date FYm it 822,700,000 $12,700,000 0 0 0 0 0 0 AFACM March 7, 2017 21 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) The Strategic Growth Area Projects is currently conducting a "Central Beach Mobility"Study: is 9.081 Strategic Growth Area Projects a Planning,design services,consulting to support implementation of the eight SGA _ 'gg plans ''�lr�t�',` -a Priorities:Burton Station Phase 1 \ S, conceptual design,zoning overlay 4 districts for Pembroke a Development of detailed specific area , - � development plans , (}1 -. FY 2016,7 Funding reallocated to 9.022 (, \ JI F �,�,11.42_1!.\,0 Burton Station Road Improvements t _ Status;Central Beach Mobility study - -'ti — uWerway ,. Y"' , Frot:' • uppropr'ated P,Igeted ry ao.9 FY aoao Fvan;, Iao.a FY;olg IF/2 vl[o!NIA[[ACM 0 The Burton Station Phase III Project was broken into two phases: IIIA and IIIB. Phase IIIA will be constructed with Phase I; however, Phase IIIB is "on hold": * 9.091 Burton Station Phase 6, a Design and construction of a new L street with utilities,lighting, ._= ,� landscaping,sidewalks and drainage a' New alignment provides for _- commercial and residential development - a New Tolliver Road from the railroad crossing to Air Rail Ave. i Status Project broken Into two phases IIIA and IIIB,IIIA to be constructed with Phase 1,1116 is on hold arogrelmed AVVIaV..,t•J P�JF:,',; Fa,.,., Fr:.:: la a:a•- _ FY aaaj I[o lNlw•[ACN ,s March 7, 2017 22 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) The 29`h Street Improvements Project will begin construction in October: * 9-108 29'1 Street Improvements improvements to 29"Street as a • continuation of the Laskin Road _ • Gateway Project from Arctic to Pacific - +,t'- Streetscape improvements including to wide sidewalks,street trees,drainage improvements and undergrounding overhead utilities Status:Construction to begin October 2017 -February 20,8 Programmed Appropriated Budgeted FY 1019 FY roan FY 1021 FY 1012 FY 102) 901dleg to Date FY role 97,200,000 97,200,000 0 0 0 0 0 0 * 9-276 Cape Henry Lighthouse Continue previous restorations to the Cape HenryLighthouse located at Fort Story Foundation stones to be restored, base stabilization,improved access and repoint the exterior masonry Status;Future funding for this project dependent on a VDOT grant ar Programmed Appropriated Budgeted FY tor! FY 1020 FY 2011 FY 2012 FY 1027 Funding to Date FY 10A 9697,176 9697,1760 0 0 0 0 0 March 7, 2017 23 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) These Proposed Projects are funded within the FY2017-18 Budget: PROPOSED PROJECTS FUNDED WITHIN AVAILABLE FUNDING FY 2017-2018 OP ID Prof act Amount 9-020 VIBe District Street Infrastructure Improvements 1,250,000 9.021 London Bridge Commerce Center Infrastructure 795.100 9-059 Oceana&ITA Conformity&Acquisition II 886,100 9-082 Oceanfront Parking Facilities Capital Maintenance and 1,100,000 Development(Note:Increased Target 5750,000) 9-083 Toon Center Garage and Plaza Capital Maintenance 352026 9.046 Oceanfront Capital Projects Reinvestment 600,000 944, Economic Development Incentive Program(EDIP) 2,540,140 TOTAL 7,524,066 rl CM The ViBe District Street Infrastructure Improvements Project will begin construction in the Fall of 2018: * 9.020 ViBe District Street Infrastructure Improvements Provides essential connectivity New sidewalks,bike facilities,street: on-street parking,crosswalks,acres: { •- a' and storm water upgrades,and utilir, " ' traffic improvements 1 Portions of 18'^Street,Cypress and ;t Mediterranean Avenues and VB Bloc Status: _-• r7'"Street Design Bo%Spring 2017 .- 18'^Street will go to 1005 design with a construction start Fall tor8 • , ho Funding Aptoes,W aCY Iota PY 2019 FY IMO irMNg bOesa fY aaa $4,000,000 $1,500,000 $4250,000 $4250,000 0 0 0 0 March 7, 2017 24 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) The London Bridge Commerce Center Infrastructure Project is awaiting Navy approval on an access easement: * 9.021 London Bridge Commerce Center _ ~r Infrastructure � r I•Zi Phase I road and utility infrastructure improvements to support the initial development of an 18-acre industrial park,managed and marketed by the vBDA Status:Awaiting Navy approval on access easement Programmed Appropdited Budgeted FY 2or9 FY 2032 FY 2031 FY 2021 FY 2023 fundlog to Pate FY tom 04093,100 $1,)00,000 1.793,100 0 0 0 0 0 01.0101A etACH The Oceana & ITA Conformity & Acquisition II Project is designed to retain NAS Oceana as the East Coast Master Jet Base: * 3-059 Oceans&ITA Conformity&Acquisition n Program designed to retain NAS Oceana as the East Coast Master Jet Base in Virginia Bea<h Acquisition of property and easements to complete program goals of converting land to compatible uses , costs associated with zoning measures taken to stop and roll back Incompatible development around the base Shlllf: $1294 M Spent,404 Wrcels,134 acres.787 dwelling units acquired&71t dwelling units ... reduced $86.4 M for properties In Zone and _. $35.1 M for properties in the ITNPM(2,213 acres) .ted W4e01d M x019 FY 3020 FY 202, FY mal FY 2o:3 FT 2010 $9,490,918 13,611,818 3886000 31,000,000 $1,222,000 81,000,010 11.000000 811000,000 ACM n March 7, 2017 25 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) The Oceanfront Parking Facilities Capital Maintenance and Development Project is in the process of repairing the fire damage to the 31"Street Garage: * 9-082 Oceanfront Parking Facilities Capital Maintenance and Development Acquisition,development, equipment,capital maintenance, repairs,rehabilitation, improvements,design,planning and engineering services for the Oceanfront and Sandbridge parking garages and lots Status Repairs to 31*garage fire damage completed in Spring 2017 vrograrmme0 Appropriated Budgeted FY 1019 FY luau FY io, FY 20,, FY eu23 FunaYg to Date FY Iota $9,067,991 $5,237,991 14+00.000 6350,000 $350.000 $390,000 030,000 $330,000 11 This Fall, the Town Center Garage and Plaza Capital Maintenance Project will repair the Town Center garages to address water penetration, rust,potholes, etc.: * 9-083 Town Center Garage and Plaza Capital Maintenance Parking equipment,capital maintenance,repairs,rehabilitation, improvements,design,planning and II engineering services for the five Town Center garages,pedestrian bridge,fountain,plaza,street fir„u r. Status:Repairs for all Town Center garages will take place in the Fall of 2017 to address water penetration,rust, potholes,etc. hogram.M AOp,op.60.6 Ndipted FY 20y FY 26x6 Fr 2021 FY 2002 FY 2063 Fudng Data FY eon 05,135809 $3,015,453 1352,726 0355,726 $352,736 052,726 $352,706 3350,706 March 7, 2017 26 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) The Oceanfront Capital Projects Reinvestments Project will continue installation of lights in "connector parks" between 2"d and 18`" Streets as well as construction of a ramp at 38f" Street for the Navy SEAL Monument: * 9 096 Oceanfront Capital Projects Reinvestment Reinvestment in capital prolects at the oceanfront , Replace Atlantic Ave.,side streets and boardwalk lighting with LED lighting Replaces street fixtures,sidewalks,paver systems,boardwalk and railing systems,etc. Status; • Spring 2or7-Continuation of boardwalk lights Installation in 1 connector parks between 2'0 and r8°Streets • Pavement replacement at t6V'Street,Fall 2or7 • y86'Street Navy Seal Monument ramp Spring unto Programmed Appropdeted .uepNdry FY me n1000 Fr xon n,021 n 0025 Feed6g DW aeN 14.555077 10.955.71 w00,000 1600.000 1600,000 16e3,0e0 $403,006 Wd000 The Economic Development Incentive Program (EDIP) leverages Grant Dollars and funds economic initiatives, such as infrastructure improvements, to attract new businesses to the City: * 9-141 Economic Development Incentive Program(EDIP) leverages grant dollars,funds economic initiatives such as infrastructure improvements to attract new businesses as approved VIRGINIA BEACH-1 on acase-by-case basis by the VEDA ccono,n,c oevetonscsr .5151,1anSee tSate1Dow9.na Bead%VA 234.52 Status:91,015,00 In EDIP Grants incentivizing 908,767,000 in private investment Ptngr•mmed Apprnpr$.ted to Budgeted FY You) n 0010 FY lou FY telt FY 1015 Fundhrg Date FY lora $7.979.93. $4875a16 13.940,340 134449997 97419,950 $3d9.759 $1,943,944 $3,196.045 ..Dire.tACO,r March 7, 2017 27 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) These are the Proposed Projects funded in previous years with Transfer Requests or Above Available Funding Requests: PROPOSED PROJECTS FUNDED IN PREVIOUS YEARS WITH TRANSFER REQUESTS OR ABOVE AVAILABLE FUNDING REQUESTS CP ID Project Amount of Transfer/Increase 9-022 Burton Station Roadway Improvements(Transfer $3,895,035(Transfer) existing funding from 9-091,Burton Station III to Include Phase IIIA in scope of Phase I) 9.100 19'^Street Infrastructure Improvements $5.301,608(Transfer&Increase) (Transfer existing funding($1,301,608)from 9069; Above available funding request 102019$2,000,000 and 2020 02,000,000) 9-500 Virginia Beach Amphitheater Capital Maintenance $210,000(Increase) (FY2018 Above available funding request) TOTAL $9,406,643 rrll 11101119, PROJECTS WITH INCREASE IN SCOPE * 9-022 Burton Station Roadway Improvements I Transfer request so Burton Station Phase IIIA is included in scope and projects bid together Funding difference from$9,094,896 to$12,989,931 ($3,895,035) To be transferred from 9-091 Burton Station Road Improvements III (Fully Appropriated in Previous Years)to 9-022 Burton Station Roadway Improvements I Status:Going to Bid Spring 2017;Construction Summer 2017-Fall 2018 Programmed AppmopMtad Budgeted FY 119 FY NOLO FY 1021 FY ton FY 1023 Fondling to0001 FY LOM 89,094,896 19,094,896 0 0 0 0 0 0 March 7, 2017 28 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) 9-022 BURTON STATION ROAD IMPROVEMENTS I * .7-_,, • O1N1/,•.ACM 10 PROJECTS WITH INCREASE IN PROJECT COSTS k 9.10019"Street Infrastructure Improvements > Cost increase from$10,863,200 to S16,164,808 -> Result of a revised project scope and more detailed analysis of acquisition costs Additional ne is 1,3 • FY18 transfer s1,301,608 from 069 �"- ' • FY19 Above available funding request$2,000,0. • FY20 Above available funding request 52,000,0. Status:Design at 604;Construction February 2018- February 2020(assumes year-round construction) 0.000 d appnpW 10 00r0WFl Fru" F1f000 flail FY am Fl VOay WO!{ E000 Ma 110,003,100 110.001100 0 0 0 0 ".Oiwi0 w0 ,o March 7, 2017 29 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) PROJECTS WITH INCREASE IN PROJECT COSTS * 9-500 Virginia Beach Amphitheater Capital Maintenance • -> Cost increase from$200,000 to$410,000 - -) Additional need in FY 2018 is$210,000 4 Additional gravel parking needed to -,upport event overflow parking Status:FY2o18 steel painting,replacement of 1N four production trailers and asphalt replacement I i Progm, n.d Appropriated Budgeted FT 119 FT 1010 FT Ion FT 1022 FT 102) Funding to Date FT Ma $1,500,000 11,300,000 $100,000 6100,000 0100,000 st00,000 100,000 6N10,000 These are the Projects requested above available funding: PROJECTS REQUESTED ABOVE AVAILABLE FUNDING OP ID Project FY 18-23 Amount 9-028 Lynnhaven Parkway Corridor Improvements $4,000,000 9-029 Pembroke Pedestrian&Bicycle Infrastructure $1,399,680 9-03o VA BEACH BIO Infrastructure I $3,349,000 9-039 17th Street Improvements $18,577,100 9-040 le Street ViBe District Improvements II $3,499,450 9-041 Convention Center Field House $40,000,000 TOTAL $70,825,230 March 7, 2017 30 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) 9-028 LYNNHAVEN PARKWAY CORRIDOR IMPROVEMENTS * Rt.264 south to Holland Road mortiritt• - • - * New gateway signage * Streetscape improvements to include sidewalks,medians,pedestrian fighting, landscaping and street trees,fence and ileb — • guard rail replacement,bus shelters .T.• -�'`--_ -* Storm water improvements Programmed Appropriated I Budgeted! FY 2019 rY 2020 IV 0022 12 2012 FY;003 Funding to Dee fY 20,0 INMINPV- In6tMlw•.....M 22 9.029 PEMBROKE PEDESTRIAN AND BICYCLE INFRASTRUCTURE * Provides vital pedestrian and bicycle streetscape '" 4. • infrastructure improvements in the Pembroke SCAB '4..w.. :-- * Phased street infrastructure improvements inclr.• - .1. .a.� new sidewalks,crosswalks,accessibility upgrade- pedestrian-actuated count-down signals,bicycle facilities and associated utility and traffic improvements PrepanW Approp dated Molted FY aot9 FY 202•: . ._2: i r tti:y PaWR Os Ode FY unit 02,399.680 0 0260,440 s3o3.7so 5303.750 0064,870 1064.870 0 wc�>. March 7, 2017 r o 31 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) 9-030 VA BEACH BIO INFRASTRUCTURE * Includes the design and construction of a 2-lane undivided parkway,including utility infrastructure extending east from tandstown Center Way for approximately 1,200 feet * Includes on-road bicycle accommodations and shared-use paths """¢L * Represents the first phase of what is anticipated to be multi-phase Infrastructure need to support VA Beach BIORACswn Rw Dnua,ar - �'9•all. Programmed Appropriated Budgeted FY tory FY roan FY roar FY lacca FY Boas Funding to Date FY rani 65.549,aoo 0 $64x.54$ sa.5an,188 F1g6,264 0 0 0 nil vraO1N�A�{�ACN x 9.4339 17T"STREET IMPROVEMENTS * 3o%Design funded in 9.020,this will fund the .. rest of design and construction * Extends from Cypress to Pacific and provides essential connectivityfor the t7rStreet - • ,,. Corridor •,•� * 8o'typical section consisting of wide sidewalks,street trees,bicycle lanes,curb and gutter and 4 lanes of traffic - * Utility and accessibility upgrades - --�- /e0gnmmM Appropriated Budgeted FY lora FY MP FY Boar FY roar FY aoaj coaxial' to Date FY aura B 9.577.wo o 1024700 f5497400 04.794666 /5,941.667 $5434067 0 atoll V11110,144..SUCH jr March 7, 2017 aF. 32 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) The 18th Street Improvements tie to ViBe District project. The construction of these two (2) blocks provides continued connectivity and improves the aesthetics of the ViBe District: 9-040187"STREET/VIBE DISTRICT IMPROVEMENTS II * Full design already funded in 9.020,this would - ♦L fund the construction of 18'^Street from Baltic 1. •' to Pacific Avenues and Cypress Avenue from 17' to 19'Streets ` , * Provides continued connectivity and improves • ViBe '-'j. •r .��w aesthetics for the e District through street .'�. ll • •. improvements including new sidewalks,bicycle 1�. 1 1. 1=0..1;4 facilities,street trees,on-street parking, crosswalks,accessibility upgrades and -"•'� associated stormwater and utility improvements - • Programmed MP0tod Budgetod FY 1m9 Pr mm MEM FY 2023 Funding to Date FY mitt $3,499,450 0 $563,500 $1,422,550 $1,513,400 0 0 0 VIR.GIMI.,BEACH g-o41 CONVENTION CENTER FIELD HOUSE * 12o,o0o SF multi-sport,indoor sports 71► center * Up to 12 regulation basketball courts, ... convertible to at least 12 volleyball courts * Team rooms,concessions and - iY administrative offices * 9-12 acres to accommodate structure and parking Programmed Approprlated Budgeted FT m19 10 no 1910:1 FY 2021 FY 1013 $undlllg to ato n 101e 040,400,000 0 $,000,000 9)6,0002000 0 0 0 0 wcm March 7, 2017 33 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM ECONOMIC VITATLITY and SGA ITEM#66831 (Continued) SUMMARY * Economic and Tourism Development CIP advances the City's goals of: -3 Creating a year-round resort destination ->Creating a diverse economy 4 Supporting our military installations and commands > Improving connectivity between large employment centers and our residents Supporting a business environment that promotes economic prosperity nr f9 Mayor Sessoms expressed his appreciation to Ms. Warren and the Economic Development Department for all of their work and dedication to the City. March 7, 2017 air 34 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 3:22 P.M. Mayor Sessoms welcomed Dan Adams, Water Resource Engineer—Public Works. Mr. Adams expressed his appreciation to the City Council for their continued support: Virginia Beach FY 2018-2023 CIP COASTAL SECTION CITY COUNCIL BRIEFING MARCH 7.2017 Below is an overview of today's presentation: PRESENT •Program Overview •Recent Accomplishments •CIP Project Details •Emerging Issues and Needs . March 7, 2017 35 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) Below are the "Core Programs"of the Coastal CIP: COASTAL CIP SECTION CORE PROGRAMS Navigation Dredging Keeps our inlets and main channels navigable Supports waterfront/marine industry • Provides recreational opportunities • Underpins waterfront property value • Beach Replenishment • Provides storm protection • Supports tourism industry • Provides recreational opportunities • Neighborhood Navigation Dredging • Restores navigation • Revitalizes neighborhoods Those that receive services pay f These projects are funded by various other Departments/CIP Sections and managed by the Coastal Division: COASTAL CIP SECTION OTHER PROJECT SUPPORT Lynnhaven Municipal Marina Bulkhead Failure (4-044) Bulkhead&Support Facility Replacement Owls Creek Footbridge (3-006) Coastal Conservation Garden&Outdoor Adventure Park Woodstock Cove Park (4-025) Shoreline Stabilization Old Pungo Ferry Boat Launch Rehabilitation (4-306) Shoreline stabilization and walkway improvements 3105 Newbern Lane Spot Blight Abatement project to replace deteriorated bulkhead and install living shoreline • March 7, 2017 36 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) COASTAL CIP SECTION OTHER RECENT ACCOMPLISHMENTS Western Branch Lynnhaven River(8-005) • Navigation Dredging • Old Donation Creek(8-500) Neighborhood Dredging SSD • Bayville Creek(8-501) Neighborhood Dredging SSD • Sandbridge Beach Accesses II(8-405) Ph.6—Porters Island Lane&Bass Lane • Various Minor Dredging (8-011) Crab Creek Dredging at Lynnhaven Boat Ramp&Beach Facility This series of slides are the Beach Replenishment and Navigation Dredging Projects -- the "true core"of the Coastal Program. The last three projects listed need additional funding: COASTAL CIP SECTION BEACH REPLENISHMENT&NAVIGATIONAL DREDGING PROJECTS 8-015 Beach Profile Monitoring Program II 8-406 Rudee Inlet Federal Dredging II 8-407 Rudee Inlet Outer Channel Maintenance Dredging II 8-402 Replacement of Rudee Inlet Dredge 8-013 Lynnhaven Inlet Maintenance Dredging II 8-011 Various Minor Dredging Projects II 8-005 Western Branch Lynnhaven River Maintenance Dredging 8-110 Eastern Branch Lynnhaven River Maintenance Dredging 8-405 Sandbridge Beach Access Improvements II 8-010 Sandbridge Beach Restoration II 8-026 Sandbridge Beach Restoration III 8-025 Beach Replenishment II 8-408 Pleasure House Point Mitigation 8-409 Chesapeake Beach Restoration CST-999 Bay Beaches Resiliency CST-998 Croatan Beach Restoration March 7, 2017 37 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) 8-015 BEACH PROFILE MONITORING PROGRAM II Periodic beach profile surveys of ` ' portions of the City's coastline 1t from the NC border to Little Creek Inlet w • Surveys provide data used to y1 monitor our beaches for sand 'i replenishment projects and programs FigalETERMIPMV ..41.1111F. $720.000 $60,000 $50,000 $110,000 $125.000 $125.000 $125,000 $75,000 The last dredging for the Rudee Inlet Federal Dredging II was completed in October 2016 (after Hurricane Matthew): 8-406 RUDEE ERAL DREDGING II Periodic maintenance dredging of Rudee Inlet and connecting waterways A Cost participate with U.S.Army Corp of Engineers + ' Maintenance dredge approximately 3-4 times T -T per year based on condition survey - Latest dredging completed October 2016 after Matthew • Next visits by USACE Murden scheduled for March 7-10 and August 2017. 04,660,000 02,035,000 $400,000 $425,000 $450,000 $450,600 $450,000 $450,000 March 7, 2017 38 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) The last dredging for the Rudee Inlet Outer Channel Maintenance Dredging II was completed in December 2013: 8-407 RUMP_ CHANNEL MAINTENANCE D N • Maintenance dredging • - �"t� of deposition basin in the outer portion of Rudee Inlet I i, • Two year maintenance cycle Latest dredge • • _ 4" \ completed December 2013 Next dredging FY 18 pending Federal appropriation for full contract dredging Programmod .y f9:s pg $7.275000 $2,575,000 $700,000 $700,000 0750.000 0130.000 $750,000 $750,000 • The Replacement of Rudee Inlet Dredge is necessary due to an "overhaul"every five (5)years: 8-402 REPLACEMENT OF RUDEE INLET DREDGE Rudee II is a"River Class" dredge vessel built in 1987 and put into operation in • p * 1988 Requires overhaul every 5 1/,,, r a years,for engine servicing '�'•,•C I i ,„.,F.7. p; and re-painting •~'"/Ait. 1616 _�t —-":- Rudee Inlet inner channel 4 - and sand trap dredged daily Funding needed to purchase a replacement ��iii dredge Programmed Appropriated to FY10 Fueling Date Requested * SWUM $ $0 $0 $0000,000 $0 $0 $0 M March 7, 2017 39 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) The last dredging for the Lynnhaven Inlet Maintenance Dredging II was completed in December 2013: 8-013 CTIVPITMEWINEET MAINTENANCE DREDGING II Periodic maintenance dredging of Lynnhaven Inlet and connecting waterways • Cost participation with U.S. _ —_ _- Army Corp of Engineers �. �` ;• N • • Three year maintenance cycle • Last full channel dredging - • v . completed December 2013 y- ' • Minor dredging completed August 2016 • Next major dredging FY 18 - subject to Federal funding IrEalApprOghbdlo FY16 FY10 FY20 FY21 FY72 FY23 Dete Repuoatod 63.062.466 6617.160 6176.660 6166.00 6176.000 6376.660 6676,600 6376.500 The dredging of Crab Creek was completed in February and is now underway for Long Creek: 8111111.10S MINIIREDG I N G Dredging of navigational channels in various internal • • waterways located throughout the City Crab Creek dredging last completed in February 2017, Long Creek underway. IMMCMIMPIMIPPAPP 33,475,000 11,150,000 3350.000 1375,000 1400,000 5400,000 0400,000 1400,000 12 March 7, 2017 40 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) The Western Branch Lynnhaven River Maintenance Dredging was completed in the Spring 2016. This CIP will be closed-out and reintroduced for the next Maintenance Dredging Cycle(anticipated for 2026): 8-005 WES' RN BRANCNNHAVEN RIVER MAINTENANCE DREDGING Dredging of Western Branch 111 Lynnhaven River main channel Project includes: • Mechanical dredging and truck hauling to Whitehurst Dredged Material Management Area (located off Oceana Blvd.) • 81,815 cubic yards to be dredged • Canoe/kayak launch and crew facility • Project completed Spring 2016 Next cycle anticipated for 2026 kYithillialialiSAINallaill $.071.16 ...071710 $1 .. so SO $0 SO The Eastern Branch Lynnhaven River Maintenance Dredging is under design with construction of the Transfer facility to begin this Summer: 8-110 EAS BRANCH LYNNHAVEN RIVER MAINTENANCE DREDGING Dredging of Eastern Branch 4 Lynnhaven River main channel Project includes: Mechanical dredging and truck hauling to Whitehurst Dredged ifilli Material Management Area (located off Oceana Blvd.) • Canoe/kayak launch combined with permanent dredge material transfer facility • Design Underway • Construction of transfer facility start Summer 2017 EMMEN FY18 Regoostatl ..,. Ali:._ $11...000 $11.00.. s. 0 M $0 $0 $0 March 7, 2017 41 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) There have been eleven (11)Sandbridge Beach Access Improvements funded by the Sandbridge SSD: 8-405 SANDBRIDGE BEACH ACCESS IMPROVEMENTS II • W o . . i1 f Beach Access improvements to 2 to 3 access ways slated for provide safe access to the beach improvement each year Project funded by Special Services • 60 access ways total identified for District improvement(llcompleted) $3,300,000 $1475,000 $300,000 1300.000 $300.000 $300.000 $325,000 1300,000 Sandbridge Beach Restoration II is scheduled for 2018 and is fully funded as a Federal Cost Participation Project with the City paying for 35%of the total cost. The last cycle of Federal Funding did not come through but the SSD has adequate funds available should that happen again. The last dredging was in 2013: 8-010 .ACH REST Long-term federal beach restoration and maintenance project Local funding provided by the • Sandbridge Special Service x " District(SSD)and Tax Increment Financing District funds(TIF) - ` • Last replenishment in June 2013 2.18 million CY • Next cycle fully funded ySE .' .�. Ragwatod tl•1G iankMO meson M M M $o $o $o March 7, 2017 111111111116 42 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) The 2013 Sandbridge Beach Restoration III total cost was$18.2-Million 8-026 SAN DBRIDGE BEACH RESTORATION III Replaces 8-010 Long-term federal beach restoration and maintenance project Local funding provided by the Sandbridge Special Service District(SSD)and Tax Increment r Financing District funds(TIF) Last replenishment in June 2013 2.18 million CY Fully funds future cycles 537,610,600 $0 58.050000 18"050.000 06,355,000 16,355.000 16.355,000 $6,355,000 The Beach Replenishment II Project's funding is critical to leverage Federal "matching"funds: 8-025 BEACH REPLENISHMENT II - Big Beach 2001-2002,4.1 n =. .:;.'�.'_;- million CY - Resort Beach from Rudee d yam, Inlet to 89'h Street ". . ,r • Last replenished in August 2013 1.44 million CY • Fully funded project critical to leverage Federal -;, matching funds F 716,600,000 8100,000 $1,150,000 52,260,000 $2,350,000 $2,550,000 02.550.000 $2,550,000 March 7, 2017 43 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) The Pleasure House Point Mitigation allows the City to keep "mitigation dollars" in the City and is expected for approval next month: 8-408 PLEASURE HOUSE POINT mmeoffift • Development of a wetlands •�"�••�"°r"` mitigation facility on City owned property • Mitigation Banking Instrument Under Agency Review • Potential use for Neighborhood Dredging SSD projects as an option for mudflat impact mitigation prF,.nding Appropr4tad to FY10 FY10 FY20 = ® Funding Date Roqueatod 55,02eue $5A$0.eee m $4 50 M M 50 1e Chesapeake Beach Restoration is the most erosive and vulnerable portion of the City's shoreline without a Nourishment Program in place. This project is critical to provide storm damage reduction and resiliency to this reach of shoreline. Additional funding is required to complete design,permitting, initial placement and periodic nourishment: 111111.111Mille H Major beach restoration project proposed with periodic maintenance " • Critical for coastal protection and resiliency,most erosive section City's coastline without a funded nourishment . project in place • VIMS sand search completed • Favorable court ruling in 2017 that ^-` • public interest in beach does exist • Preliminary Design Underway• Additional funding required to fully fund initial placement and periodic nourishment. Programmed Appropd.ledto FY10 FY1e FY20 FY21 FY22 FY23 Funding Dale Rpuasbd 57.170000 $05USS $1000,000 M M $5 $5 $2,650,000 March 7, 2017 44 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) The City needs to give much needed attention to the increasingly vulnerable Bay Beaches: CST 999 BAY BEACHES RESILIENCY Initiates preliminary planning, • design,and permitting framework necessary for a programmatic shore protection lir and beach management strategy for Cape Henry and Ocean Park beaches • Determines need and level of protection required • Provides an"engineered beach"required for eligibility for federal disaster relief funds • New project funding rect.,_ R un6 y d� Eggnog FY19 FY20 FY21Ili 00 $0 $125.000 22,000,000 22.000,000 $0 $0 $0 The Croatan Beach Restoration is a new project. Funding is requested for design,permitting and initial placement: CST-998 CROATAN BEACH RESTORATION Provides funding for design, permitting,and initial placement Maintains minimum recreational beach width of =MEI 100-120 feet between toe of dune and MHW Restores dune volumes at erosional"hot spots"to minimize potential for wave overtopping during 1% annual probability storm event 11.9p1o_Msst 22.2016 • New protect funding request p„Ft11YAd FY20 FY21 FUMi� 51.700,000 $0 $1.760,000 M $0 $0 $0 so March 7, 2017 45 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) The Coastal CIP also includes the Neighborhood Dredging SSD Programs: COASTAL CIP SECTION NEIGHBOIMISMOIMMINNISIONMINNIMAM • Supports City Council Goal#4:Revitalize Neighborhoods and Plan for the Future Re-establishes Use of Navigable Channels • Improves Water Quality • Relatively new program that continues to present many challenges(real estate,wetland mitigation and dredging in leased oyster grounds) The City has seven (7) adopted SSDs; two (2) have the first dredging cycle completed; two (2) dredging cycle are in progress and three(3)are in the Design/Permitting Phase: COASTAL r-,c TIOrr, NEIGHBORHOOD NAVIGATION DREDGING SSD PROGRAM -•moi 8-500 Old Donation Creek 8-501 Bayville Creek 8-502 Shadowlawn 8-504 Harbour Point 8-503 Chesopeian Colony 8-016 Gills Cove 8-505 Hurds Cove COMPLETED-UNDERWAY-DESIGN/PERMITTING March 7, 2017 46 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) This Map depicts the SSD projects throughout the City: (7' NEIGHBORHOOD SS :: -OGRA •TUS ' (40 PROJECTS - OF. 6/23/2016) TPAAMSEER 1 / VAPOR �, \N• ' . wuNE . '. BAYVIL.LE CREEK l- INOROWN000DCOVE L SAYVrEE C REEK WEST iITTLE NECK v.i nEu•I ;;";1 COVE TNOE COON0000 COVE DIK CREEKS 01K uuC_x LC, SW TC WOOCK CAM Aivlu uE[K SAY W/TCKWCK PO NT RE LITTLE OLO SNE LL RECK ' "DOCK CREEK E NE.OEK OIMT .9O VVn„ E 11. .1I1/00 VONT COVE OAL. COVE K KtWRo COVE <.[ROBNWST COVE DOES COVE RRA \ OLD DONATION NAM v' CREEK HUMS OOH EWro.EC L ADr COVE EEK WEST �LTNK/.vEK DREDGE TTUam NSEER y _ _- GE .PORE K ACRES . MANOR MAOVEWI — BUC MAP UPS cl ex. *mow [+wl°°wrw" THALIR TRANSFER I— WK. S30 OIWEEbKFN*I ,•; STATION IT)=I 0 v...TPlr.rot o 110•81PN.S.1211 o KO%MYMIN.IMIOO Y' Y) Old Donation Creek was recently completed: $- 111111111111111.11111111 1..,%10,tit% �� AIeesis4e�i�,1 • SSD Adopted 9/13/11 j�?t li/"` • 62 properties involved 'a®F9e11dP P o .0 1' ..,,,e and -tr.: Vi and 23,809 CY of dredging �- Ito • Construction completed .4% s late Spring 2016 AAP, `r' �� .f. ' 9 rrs�.'_*a o.ts. ' It.. Fmmirnminaizia FY19 F V2,^, FYIFY22 FY23 31,099,000 31,015,000 30 W *14NN UMW $ March 7, 2017 47 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) Bayville Creek was recently completed: 8 • SSD Adopted 3/27/2012 �:%s+ ;• enramior�M v • 12 properties involved ra:1,014,441 „�P P *e,and 13,433CYof �s�` V4I dredging �V First cycle completed s. lkj' 2/29/2016 :/g��® :'®� Biz .1XLMIMMIIPM11115F '7 WNW .1591,700 51,017,700 SO SO SO 592,000 use,000 SO 57 Shadowlawn is under construction: 8- or.ns!q*ss '� `1,IP ` • SSD Adopted Ab.syss uss s\''' ''' in 3/12/2103 sass cis 1 1,;„l ast ! 31 properties s1: ' ''-iiv involved and 9,671 `L•�0 t ' IBJ ' CY of dredging -V �` i c�( • Project was bid with '7.41,0!"-z` " ;4 13 Harbour Point -_ *I VAPi• • Under construction all -.1dit0.4 8039,603 $377,507 S0 $0 SO 342,000 $209.000 $5 March 7, 2017 48 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) Harbour Point is under construction: 8111111.111111111111111 • SSD adopted 1/14/2014 g:Lrt7 M' '�'� • 46 properties involved and �1a "�' � �� approximately 5,000 CY of K, '444,0vo dredging • Ir.:- • "�f/ ,Oc• Seao�" • Project was bid with Shadowlawn 17416, ;►q�� ,� • Dredging underway "`.�` ice 1.20.. $442.310 $312,810 $0 $0 $0 $0 $22,000 $108,000 Chesopeian Colony is scheduled to begin construction this Summer: 8-503 CHESOPEIAN COLONY SSD adopted 8/13/2013 131 properties involved and `-1:7.—&-e'' approximately 30,400 CY of ,, dredging Dredging plans are complete, permits are under agency :w9 review Summer 2017 construction start $+.711,0$4 u.e77,034 $0 $0 $0 $0 $340000 01,897,000 March 7, 2017 49 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) Gills Cove is scheduled to begin construction late this year: 8-016 GILLS COVE Mgr _ SSD adopted 3/25/2014 • 24 properties involved and ? approximately 13,000 CY of dredging +' ��®�®‘ 4 • Dredge master plan and permit application recently submitted Dredging late 2017 Programmed Appropriated to FY18 F Funding • Dere Request• $1,770,720 $781,786 SO SO $0 $90,157 (190,777 SO Hurd's Cove is scheduled to begin construction early next year: 8-505 HURD'S COV ' SSD adopted 1/20/2015 t; ,i • 91 properties involved and 4:S144' approximately 59,000 CY of �.\: dredging 1 a • Hydrographic survey completed, permit application is being prepared Construction early 2018 $3,482,000 $3,402,000 SO SO SO SO SO S0 .81 March 7, 2017 50 CITY COUNCIL BRIEFINGS FY2017-18 RESOURCE MANGEMENT PLAN(BUDGET) CAPITAL IMPROVEMENT PROGRAM COASTAL ITEM#66832 (Continued) This is a "Summary"of the Coastal CIP Section: COASTAL CCTK)N EMERGING ISSUES AND FUNDING NEEDS • Continuation of Funding for Resort Beach and Sandbridge Replenishment Projects • Chesapeake Beach Restoration Full Funding • Bay Beaches Resiliency Start Up Funding • Beach nourishment will likely become even more critical in future years as a first line of defense against Sea Level Rise Beach nourishment provides the benefits of a wider recreational beach but the most critical benefit is resiliency and storm damage reduction. COASTAL CIP SECTION COMMENTS & QUESTIONS Mayor Sessoms expressed his appreciation to Mr. Roehrs and the Public Works Department for all of their work and dedication to the City. March 7, 2017 51 CITY COUNCIL LIAISON REPORTS ITEM#66833 3:51 P.M. There were no Liaison Reports. March 7, 2017 52 CITY COUNCIL COMMENTS ITEM#66834 3:51 P.M. Councilman Moss advised he wrote a letter to the School Board providing his thoughts on full-day kindergarten. He stated it is more than clear there is no evidence supporting kindergarten-aged students benefit from full-day programs,- however, there is an enormous amount of science showing high school students are not predisposed to learn at 7 A.M. He is disappointed the School Board is focused on non- science outcomes and ignoring the science. He feels increasing revenues to support a program not supported by science is, reckless, at best. March 7, 2017 53 CITY COUNCIL AGENDA REVIEW SESSION ITEM#66835 3:52 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code§23-59 re requirements for Off-site Parking Facilities 2. Ordinance to RE-ADOPT the Hampton Roads Hazard Mitigation Plan 3. Ordinance to AMEND Ordinance ORD-3326E to INCREASE the Gap Financing Authorization re the Cavalier restoration project and to AUTHORIZE other ACTIONS consistent with the State Tourism Development Financing Program 4. Resolution to AUTHORIZE the City Manager: a. APPLY for a Transportation Partnership Opportunity Fund Grant re the partial realignment of Atlantic Avenue b. PETITION the Commonwealth of Virginia Transportation Board to TRANSFER certain Real property to the City of Virginia Beach 5. Ordinances to: a. DECLARE approximately 26 acres of City property at West Neck Road and Nimmo Parkway in EXCESS b. AUTHORIZE the TRANSFER of the property to the Commonwealth of Virginia re development of a Veteran's Care Center c. Resolution to DESIGNATE two (2)options for a new School site 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and UDT/SEAL Museum Association, Inc., re: a Navy SEAL Monument at 38`"Street and the Boardwalk; and, AUTHORIZE the City Manager to ACCEPT DONATION of the Monument upon completion 7. Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach and Development Authority finances to enter into a contract with CliftonLarsonAllen, LLP for $178,600(estimated) 8. Ordinance to MODIFY the Wildlife Response, Inc. Lease to EXTEND construction milestones 9. Ordinances to AUTHORIZE temporary encroachments: a. BAYLAKE PROPERTIES,LLC-a portion of City property known as Lake Joyce and the 20' strip of City property adjacent to 4444 Shore Drive re pile piers and access walkways b. OCEANA DEVELOPMENT, LLC - a portion of City property known as Canal #2 at Progress Lane to install a storm drainage pipe 10. Ordinance to APPROPRIATE$14,976,969 of the Multi-Modal Fund re Norfolk-Southern Right-of Way Acquisition Refund Account March 7, 2017 54 CITY COUNCIL AGENDA REVIEW SESSION ITEM#66835 (Continued) 11. Ordinances to ACCEPT and APPROPRIATE Grant Funds from the Virginia Department of Emergency Management: a. $10,000 to the Office of Emergency Management re: capabilities and training for the Citizen's Emergency Response Team b. $49,151 to the Virginia Task Force 2 Urban Search and Rescue Team (FEMA) re communication equipment COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#1 ITEM#3 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS and COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#3 COUNCIL LADY WILSON FILED DISCLOSURE ON ITEM#3 ITEM#4a/b WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS and COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#4a/b COUNCIL LADY WILSON FILED DISCLOSURE ON ITEM#3 MAYOR SESSOMS WILL ABSTAIN ON ITEM#8 MAYOR SESSOMS WILL ABSTAIN ON ITEM#9a ITEM#10 WILL BE CONSIDERED SEPARATELY March 7, 2017 55 AGENDA REVIEW SESSION ITEM#66835 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. ELBOW ROAD INVESTMENTS,LLC and LYMANSTUART CLARKE for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 4261 Elbow Road and a parcel at Eastern corner of the intersection with Indian River Road DISTRICT 7—PRINCESS ANNE 2. RIVER CITY RECOVERY,LLC and MASAG II, LLC for a Modification of Conditions re a Bulk Storage Yard to store repossessed vehicles at 1528 Centerville Turnpike (Approved January 12, 2010)DISTRICT 2—KEMPSVILLE 3. CENTRAL DRIVE MINI STORAGE, INC for a Modification of Proffers re size and location of building at the Northeast corner of General Booth Boulevard and Nimmo Parkway(Approved May 27, 2014)DISTRICT 7—PRINCESS ANNE 4. THE BUNNY HUTCH, INC. and JUSTIN M. FAILLA for a Conditional Use Permit re a Wildlife Rehabilitation and an Animal Shelter at 1165 Jensen Drive DISTRICT 6 — BEACH 5. SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP.for a Conditional Use Permit re a Craft Brewery 313 3t Street DISTRICT 6—BEACH 6. MCDONALD GARDEN MARKET, LLC and PMIG 1020, LLC for a Conditional Use Permit re an Open-Air Market at 4664 Princess Anne Road DISTRICT 2—KEMPSVILLE 7. CITY OF VIRGINIA BEACH Ordinance to AMEND § 7.3.1 of the Oceanfront Resort District Form-Based Code re Alternative Compliance for parking COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCIL LADY WILSON FILED DISCLOSURE ON ITEM#5 ITEM#7 WILL BE CONSIDERED SEPARATELY March 7, 2017 56 ITEM#66836 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-37/1(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 Project PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District 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). • Debora L. Humphrey, Douglas W Gregory v. City of Virginia Beach • Elkins—Severe Repetitive Loss • Arena PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specic public officers, appointees or employees pursuant to Section 2.2-3711(A)(/) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Performance Evaluations • Council Appointments March 7, 2017 57 ITEM#66836 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:59 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane (Break 3:59 P.M. - 4:05 P.M.) (Closed Session 4:05 P.M. - 5:45 P.M.) March 7, 2017 58 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 7, 2017 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, March 7, 2017, at 6:00 P.M Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane INVOCATION: Reverend Carlos Rodriguez Pastor, Redeemer Presbyterian 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. March 7, 2017 59 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 identing 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 identifiring 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 he included in the official records of City Council. Council Lady Wilson's letter of June Z 2015, is hereby made a part of the record. March 7, 2017 60 Item—VI-E CERTIFICATION ITEM#66837 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 S ga." 3% H'L 04 s 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#66836 Page 57 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. ICuth Hoddgge+ss�Frraasserr,,MMC City Clerk March 7,2017 61 Item-V/-F MINUTES ITEM#66838 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 21, 2017. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 62 ADOPT AGENDA FOR FORMAL SESSION ITEM#66839 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 7, 2017 63 Item- VI-H.I PUBLIC HEARING ITEM#66840 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS CITY PROPERTY Veteran's Care Center near the intersection of West Neck Road and Nimmo Parkway There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING March 7, 2017 64 Item- VI-I.1 PUBLIC HEARING ITEM#66841 Vice Mayor Jones DECLARED A PUBLIC COMMENT: CAVALIER TOURISM DEVELOPMENT FUNDING PROGRAM ATLANTIC AVENUE REALIGNMENT The following individuals registered to speak: Patti Phillips, Director—Finance and Brad Van Dommelen, Director— Convention and Visitors Bureau presented the attached presentation, "Cavalier Oceanfront Request for Amendment to February 2014 Approved TDFP". Tom Leahy, Deputy City Manager presented the attached presentation, "Cavalier Hotel Project: Cavalier Associates Proposed Realignment of Atlantic Avenue". R.J. Nutter, Attorney for Cavalier Associates, 222 Central Park Drive, Phone: 687-7502, spoke in SUPPORT. Mr. Nutter expressed appreciation, on behalf of Cavalier Associates, to the City Council Liaisons and City Stafffor all of their hard work on this project. Bruce Chisholm, 1325 Chewnink Court, Phone: 703-585-0065, spoke in OPPOSITION This road project ends in a cul-de-sac, which is a "dead-end". The project is to provide access to the entrance to be built at Embassy Suites at the expense of Citizens and visitors. The presentation provided at the Convention Center in January and the proposed Resolution differ and this project is only going to increase traffic congestion. Over 1,208 residents signed an "on-line petition opposing the realignment". Reid Greenmun, spoke in OPPOSITION Mr. Greenmun feels this is a complex project and the City has no business being involved. The City should not subsidize one developer over another. He feels there is a "GAP" in City Council with the understanding what the citizens should be paying for. There are far greater needs in the City than this project. Joe Belec, 605 Barberton Drive, Phone: 348-5543, spoke in OPPOSITION Mr. Belec advised this is an opportunity for City Council to show the Citizens each of you have integrity. These types of projects are always asking for more money that ultimately are funded by the Citizens and he opposes any more funds being used for the Cavalier project. Stanley Furman, 9004 Atlantic Avenue, Phone: 422-5877, spoke in SUPPORT. Mr. Furman is a resident of Oceans Condominium and directly impacted by this project. Mr. Furman advised the residents are comfortable with this project as the City Manager has assured them they will continue to have input on this project. Ken Chord, 3536 Clubhouse Road, spoke in OPPOSITION. Mr. Chord feels the Developer should take profits from all of his other projects for the "GAP". Jack Drescher, 6410A Oceanfront Avenue, Phone: 428-3344, North Virginia Beach Civic League — President, spoke in SUPPORT. Mr. Drescher advised the Civic League spent a tremendous amount of time discussing this issue. Back in 2013, the Civic League endorsed a letter supporting the Cavalier Project. The Civic League is interested in the preservation of their neighborhood and concerned that 3,200 units were going to be built just South of their neighborhood. At first, the Civic League was against the realignment of Atlantic Avenue; however, after much discussion and consideration, the Civic League supports the realignment as it is evident this is in the best interest of the City. March 7, 2017 65 Item - VI-LI PUBLIC HEARING ITEM#66841 (Continued) Diana Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION. Ms. Howard does not understand why this Developer cannot complete a project without having to ask the City Council for funding. The City has already funded too much of this project and should not put one more cent into this project. Surrounding businesses are losing parking and that is unfair. Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in OPPOSITION. Mr. McCollum stated the issue is no one knows the 'opportunity costs". Also, he feels the City could be doing much better things with this money. Bernice Pope, Historic Cavalier Shores Civic League—President, spoke in SUPPORT. Ms. Pope advised the Civic League has had many concerns regarding this project and has met with numerous City Staff and the City Council Liaisons. The City is stepping-up and understanding the potential negative impact could have on their neighborhood and appreciates the City working to minimize any negative effects to the community. E. George Minns, 236 Shipps Lane, Phone: 575-8109, Seatack Community Civic League — President, spoke in OPPOSITION. Mr. Minns feels this project is a terrible in-balance with the big businesses. The City should focus on small businesses and provide those same opportunities in the SWaM businesses. Mr. Minns filed his objection to the revised City Council's Speaker Policy. Rona Marsh, 43825 Lynnhaven Crescent, Phone: 270-7900, spoke in OPPOSIITON. Ms. Marsh advised the City should not be in the business of financing development— "banks finance developers". Based on the 2016 CAFR, she is concernedfor the financial stability of the City. Jimmy Frost, 2240 Window Place, Phone: 343-6768, spoke in OPPOSITION. Mr. Frost feels it is wiser to spread the risk rather than allowing one company to shoulder so much. There being no additional speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING **Council Lady Wilson filed Disclosure ***In Compliance with the stated Abstentions,Mayor Sessoms and Councilman Uhrin stepped out of this Formal Session during this discussion. March 7, 2017 3/14/2017 City Council Briefing Cavalier Oceanfront Request for Amendment to February 2014 Approved TDFP March 7, 2017 Patricia Phillips equest to amend Original 2014 TDFP application to include Embassy Suites • Incentive payment paid to Cavalier Associates based on 1% local sales tax from on-site sales to support Developer Gap Loan • Fills Tourism Void: Upper Upscale Hotel and Executive meeting space to attract conferences • Adds new taxable sales of $17 million • Private investment $56 million for Embassy Suites • Increased parking from 300 to 521 sp garage • Fiscal impacts to City for entire project is $65 M • Developer Gap Loan not obligation of City or VBDA 2 1 3/14/2017 TDFP Project Site: 2014 TDFP Amendment ,,.-, .,,.- - .(, -‘ ! *.. , 7' , "7 4 S'itiii, - At 1 f ' �" ��4T TDFP 2014 r . .J ifi TDFP-2014 1 .../+ TDFP 2017 1 tall .':rq ---:- - - - Tourism Development Financing Program-TDFP • Virginia localities provide project-generated 1% sales tax remittances for private sector debt service to close a project's financial gap, provided project meets statutory requirements. • Project fills tourism void—upper upscale hotel and conference center. • Creates partnership between developers, localities, and the State: 1% local sales tax, 1% state sales tax, and 1% developer access fee • 1% from on-premises generated revenues only 4 2 3/14/2017 Cavalier Funding Summary Approved by City Council Ju 2013 1.EDIP Award(VBDA) $8,200,000 2.Green Space/Historic Preservation Easement 2,370,000 3.Cavalier Drive 2,449,040 Total One-Time Costs $13,019,040 4.Annual Grants(based on increased real estate tax revenue)capped at$5 million 5,000,000 Grand Total Incentive Payments $18Qi9.040 Gap Financing Approved February 2014—TDFP Investment Taxable Sales Gap Historic Cavalier $ 50M $11M $4M Oceanfront Hotel $ 95M $33M $14M Total $145M 5442 $18M $12.4%of investment City 1%rebate of project sales tax $ 6 Million State 1% rebate of project sales tax $ 6 Million Developer 1%access fee $ 6 Million Total S 18 Million 5 TDFP — Summary of February 2017 Gap in millions Estimated Development Costs $73.9 $105.1 $56.0 $235.0 Equity 56.5 24.9 11.2 92.6 Anticipated Bank Debt 13.4 66.2 38.3 117.9 Funding Gap $ 4.0 $ 14.0 $ 6.5 $ 24.5 Approved February 2014 Proposed Total 2017 City incentive is paid annually from 1%sales tax generated by the project until developer loan of$8.17 pillion,plus interest,is satisfied(1/3 of developer loan) 6 3 3/14/2017 Review for TDFP Amendment Embassy Suites—Meets Thresholds 1. Investment over$30 million ✓ Embassy Suites is$56 million(total in TDFP is$235 million) ✓ Total Project Investment(all components)increased$87 M 2. Sales over$1 million annually ✓ Sales for Embassy Suites projected at$17 million annually I Annual sales for whole TDFP project Historic Cavalier,Marriott,and Embassy Suites projected at$63.2 million,which will generate$632,000 1%local sales tax plus$632,000 1%state sales tax(in addition, developer would collect and remit 1%)for a total of$1.9 million toward gap financing by 2020 3. Fills a tourism void: increase employment, upper upscale hotel and conference space 4. Redevelops old Cavalier Conference Center 5. Meeting and ballroom space for Marriott and Embassy is 30,832 sf: ✓ Marriott: Ballroom increased from 7,000 sf to 13,852 sf, meeting rooms increased from 5 to 7 ✓ Embassy Suites: 8,000sf ballroom/meeting space,5 meeting rooms Process and Next Steps • VBDA Open Session Brief and decision -- February 21 • City Council Public Briefing-- February 21 • Public Hearing and City Council Ordinance—March 7 • If approved, staff will enter into a Performance Agreement as required by State Statute, and forward the amended application to the Virginia Tourism Corporation(preliminary approval already received) for its approval and review by the State Comptroller—March 10 • Performance Agreement will include requirement that if project costs are under budget, amount of Gap is reduced 8 4 3/14/2017 Cavalier Hotel Project: Cavalier Associates Proposed Realignment of Atlantic Ave - TW. , �l ms_r Transportation * A m �'� �RIl Ilk. P Partnership .-- ' . - ,, ..,••• :. J. _< j : Opportunity Fund " - ' (TPOF Grant �. ,,�;�'.- • , l_ w:;,.,;is -, , ,, i .— fid S 1' :NI Thomas Leahy . A �� i ,� I March 7 , 2017 L. '''' , . . i.Cavalier Hotel Project: Cavalier Associates Proposed Realignment of Atlantic Ave No Cul-de-sac on Atlantic Ave north of 401" St w Traffic between Atlantic and Pacific redirected via 401" St m Turn lanes added to 401" and Pacific m 4-1 on-street parking spaces constructed on Atlantic Ave idewalks and landscaping. Utilities relocated/undergrounded Existing traffic light at Atlantic and Pacific removed - New traffic light at 401" and Pacific - New traffic light at 42nd St and Atlantic 1 3/14/2017 Proposed Project Plan , _ , „7. • l-i MI _ __i _ __ • __,.. -e. A • .......-- , Lsj-, ., „ • ai .-.----,- ;:,...„, , 1 • , . , . 1 '. ,... i '-5 .. ,,f,_ . , 1 it 1 ' 6,, i'.11T 81, . t . ., • ••4' il 1 I 1 .... • , -. ' .i li- .e,A tit.17, r-roi -41 , .- -, _ ... . -yr Ann,ayt 1 . k. is , . ) r ... tls 1 elnirlir:,.6 ..li -:1 .. ' . 4!7---37!"--0% 111 4. , t - 1 ..../....4..'2 i.i-',FPI. I. I __ - • .,.. ehr.' ,!,:e. . , - •• • •, _ •• .9.. E00,frt_ ?V .1 ' I ' . It. 4. ,I 1 -4 4••• .-t514.. . • 44. ... •4013.,1 • .,<.„,. 1...- „2,_ ,. ,It'?" 7 r ':cp ....4 :-.1,4'--2 it'•k leCilro ^ '2 Mk: '1 i... 91..,..el .1ir ,.-- - q!i , ' MORA, 1111r.f.:111,4V4Y1'0.3,1 ' .i; Iltrit1)- t 'il, -Igk-!*, '1 v,..,!_-!.,1147.11i-il 1 '---- ' . ---, ', A.,1,1,5,__ •1,114 ,..i, J-,'-iil• , 1, ,t1 -0,-a lifclit 64 7.1 4,,t14-4ewri."10- • - — . -. rri I r,,,,-,.:i---,- . R• .L.1 r• OVERALL PLAN Proposed Project Plan - With Development 4 _. -... •...,iiii I'"--- , 1 joi 1/2 : 4r ; IPtilie ii \ .. i t.,46 ;pin, i : • ... .. . ! .1 ism a . .. ----r. . ,•• • ..-, v,afe,ATI if`, ..•444 COM i•jiii iii ...., .. 1 vi •' i 14 IA4i 14111 FLA* . L i -' '. illef1i...,4,1 ..., ,,,, ...... ••, 1 0,1,:r i • • i '4: Ljil;'S7t1 041.# - ----Igl-„,, 1 a l' .;',- ,.+•,iti17., .• -' .".• z /4 .4 viibl.. -Tit a'. 41 —lb ' 1 j riii.A• 7:1 - -17- ,, , ......,v • .. -..t3.7.-c1117 'i p,it .„, 34 1 a I ... ..r,771 ic71:1q,,it. 3 40;_ i cliriay.- A .. tr:jziii, ir .--Lj, :44314 D tr.2.11114. ' A...'t • 34 -1 i •-,,. Iwo, .'N -, a ir-i i---4,-,'i'S" " -.1‘. .\'' '* . i or. 2 3/14/2017 Proposed Realignment of Atlantic Ave Goals, Objectives, Benefits - Mitigate traffic congestion and safety issues that are expected due to stacking as a result of the much larger hotel complex and conference facility m Cr ate an off-street vehicular stacking corridor m reate a regal entrance in-line with the upscale nature of the facility I. Simulate the historic Grand Lawn viewshed between historic and new hotels m Accommodate a new trolley stop and a turnaround/unloading zone without impeding traffic Transportation Partnership 6 Opportunity Fund (TPOF) Grant m Total Cost of realignment: $2,497,000 m Not to be funded by the City iw TPOF Grant: Grants, loans, or other financing tools awarded by t - Governor to address transportation aspects of economic •evelopment opportunities Funds may be used for any transportation project but grants are limited to agencies or political subdivisions of the Commonwealth w Right-of-way must be owned by the City. Cavalier Associates and VDOT will both be required to dedicate some property to City 3 3/14/2017 Cavalier Development Traffic Impact Analysis McPherson Consulting August 2016 Traffic Impact Study, reviewed by City Assumes dual-Hotel and Conference Center (453 rooms) facility, 10 Condominiums, 18 Apartments, 500 space parking garage ▪ ompared to existing vacant lot, the Project-with or without realignment-will increase traffic in the area by about 14% (less if compared to former Cavalier) ▪ Summertime PM peak hour: 284 additional trips generated (145 in, 139 out) Existing traffic conditions (summer) Atlantic Ave (north of 42nd St): 20,080 vehicles per day, LOS "B" N, Pacific Ave (south of 40th St): 22,352 vehicles per day, LOS "B" Atlantic Ave (Oceanfront, south of 40th St): 5,072 vehicles per day, LOS "C" 8 Cavalier Development Traffic Impact Analysis: Reconfiguration Assessment - New traffic signal at 42nd Street and Pacific Ave would operate at LOS "B" 10 New traffic signal at 40th Street and Pacific Ave would operate at LIPS "C" w Atlantic/Pacific Ave traffic projected to increase by approximately 14% over existing conditions (less if compared to former Cavalier Hotel) and would remain LOS "B" m 320 vehicles per hour projected to traverse Atlantic and Pacific via 40th St during summertime PM peak periods m 16 parking spaces lost by reconfiguration, 4-10 additional spaces to be added to Atlantic Ave 4 66 Item - VI-J ORDINANCES/RESOLUTIONS ITEM#66842 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 2, 5a/b/e, 6, 7, 8, 9M,/,and II a/b Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 67 Item -VI-J.1 ORDINANCES/RESOLUTIONS ITEM#66843 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code§23-59 re requirements for Off-site Parking Facilities Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Shannon DS Kane March 7, 2017 1 AN ORDINACE TO AMEND SECTION 23-59 OF 2 THE CITY CODE PERTAINING TO THE 3 REQUIREMENTS FOR OFF-SITE PARKING 4 FACILITIES 5 6 Section Amended: City Code § 23-59 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 23-59 of the City Code is hereby amended and reordained to read 12 as follows: 13 14 Sec. 23-59. - Off-site parking facilities. 15 16 (a) For purposes of this section, The provisions of this section, and the term 17 'off-site parking facility", shall apply-to mean any lot which is used principally for the 18 parking of motor vehicles, except commercial parking lots as defined in section 23-58. 19 The provisions of this section shall apply to all off-site parking facilities located in any 20 Resort Tourist District or the OR Oceanfront Resort District. 21 22 (b) Off-site parking facilities shall,—at all times, whether or not they are in 23 operation: 24 25 (1) Have an improved curfa^c, which may consist of six inch aggregate or such 26 other surface as may be approved by the city engineer Have a paved surface 27 inclusive of all drive aisles, which meets the requirements of the Specifications 28 and Standards of the Department of Public Works and the Site Plan Ordinance. 29 provided, that any off-site parking facility in operation as of July 1, 2002 shall 30 not be required to provide curbing so lonq as wheel stops composed of 31 concrete or asphalt are provided and maintained in good condition and repair at 32 all times; 33 34 (2) Be ^ompletcly enclosed, except at points of Ingres., and egre°s, by a split rail 35 fence or other fence meeting the requirements for fences set forth in the city's 36 landscaping, screening and buffering standards and specifications or by 37 38 cpecifications and standards pertaining to perimeter screening, or shall be 39 : - •- - -:, - -- :: '--- - • - -: , - - -- es Contain perimeter 40 landscaping meeting the requirements of section 5A of the Parking Lot 41 Landscaping Specifications and Standards where adjacent to any public right- 42 of-way or other publicly-owned property. The perimeter may also be enclosed 43 by fencing meeting the requirements for fences set forth in section 201(e) of the 44 City Zoning Ordinance; provided, however, that such fencing shall not exceed 45 four (4) feet in height and shall consist of materials, such as black vinyl-coated 46 chain link, white vinyl picket or black wrought iron, which are generally 47 recognized within the industry as maintenance-free. Wood split-rail fences shall 48 not be permitted. Such fencing and landscaping shall at all times be maintained 49 in good condition and repair; 50 51 (3) Contain, no less than one trash receptacle, plainly visible and marked as such, 52 for every three thousand, five hundred (3,500) square feet of lot area or fraction 53 thereof; 54 55 (4) Be maintained in a clean and orderly condition at all times. All trash receptacles 56 shall be emptied and the contents thereof properly disposed of at the close of 57 operation daily and at such other times as receptacles become full; 58 59 (5) Shall, notwithstanding the provisions of any other ordinance or •^^rrcgullatiee—be 60 allowed have one sign, not exceeding six (6) square feet in surface area per 61 face, at each pecprincipal entrance. No ouch sign shall exceed six (6) square 62 feet per face in surface ar a. Each sign shall contain the name of the 63 establishment or establishments for which the lot is used for off-site parking and 64 times of operation. Signs shall otherwise comply with all applicable city sign 65 regulations; 66 67 (6) Where such lot is greater than twenty-four thousand (24,000) square feet in 68 area, contain additional landscaping, which may consist of city-approved plant 69 containers. located at the end of all parking aisles not adiacent to a public right- 70 of-way or other publicly-owned property and which shall be maintained in good 71 condition and repair at all times; and 72 73 (7) Be in compliance with all other applicable requirements of federal, state and 74 local law including, without limitation, the handicapped parking space 75 requirements of the Americans with Disabilities Act. 76 77 (c) Off-site parking facilities shall be subject to inspection by the city manager 78 or his designee for purposes of determining compliance with the provisions of this 79 section, and no person shall obstruct or interfere with such personnel as are authorized 80 by the city manager to enforce this section in the lawful discharge of their duties. 81 82 (d) The provisions of this section shall be deemed to be severable, and if any 83 of the provisions hereof are adjudged to be invalid or unenforceable, the remainder of 84 this section shall remain in full force and effect and its validity shall remain unimpaired. 85 86 (e) It shall be unlawful and a Any violation of the provisions of this section 87 shall be a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor 88 more than one thousand dollars ($1,000.00) for any person, firm, corporation or other 89 entity to operate an off-site parking facility in violation of any of the provisions of this 90 section. Each day that a violation continues shall constitute a separate offense. In 91 addition to any fine imposed hereunder, and not in lieu thereof, the continuing violation 92 of any of the provisions of this section may be enjoined or restrained by injunction. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of March , 201 7 . 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . �pa. Fran =Meld B. Kay Wilso, Planning D•partment City Attorne Office CA13790 R-3 September 2 , 2016 3 68 Item-VI-12 ORDINANCES/RESOLUTIONS ITEM#66844 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to RE-ADOPT the Hampton Roads Hazard Mitigation Plan Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 20/7 1 AN ORDINANCE TO RE-ADOPT THE HAMPTON ROADS 2 REGIONAL HAZARD MITIGATION PLAN 3 4 WHEREAS, in an effort to reduce the Nation's mounting natural disaster losses,the 5 U.S. Congress passed the Disaster Mitigation Act of 2000 that requires, in part, that state 6 and local governments develop a hazard mitigation plan in order to remain eligible for pre- 7 and post-disaster mitigation funding; 8 9 WHEREAS, the City of Virginia Beach sponsored the development of a regional 10 hazard mitigation plan in 2006; 11 12 WHEREAS, the regional mitigation plan will meet all applicable Federal regulations 13 per the Disaster Mitigation Act of 2000 and local planning requirements established by the 14 Federal Emergency Management Agency(FEMA), as well as local planning requirements 15 for hazard mitigation required by the Virginia Department of Emergency Management; 16 17 WHEREAS, a FEMA-approved mitigation plan must be re-adopted by the local 18 governing bodies every five (5) years for local communities to remain eligible for future 19 grant funds made available through FEMA's Pre-Disaster Mitigation (PDM) program and 20 Hazard Mitigation Grant Program (HMGP); 21 22 WHEREAS, the Southside Hampton Roads Hazard Mitigation plan was updated 23 and re-adopted in 2012; 24 25 WHEREAS, in 2016 the City of Virginia Beach, along with the other jurisdictions 26 associated with this plan and in in coordination with the Hampton Roads Planning District 27 Commission (HRPDC) updated the Hampton Roads Regional Hazard Mitigation Plan, 28 which has been approved by the Virginia Department of Emergency Management(VDEM) 29 and FEMA. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That after the required five (5) year review, the Hampton Roads Regional Hazard 35 Mitigation Plan is hereby approved and re-adopted for the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia this 7th day of March 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e_ D Steven R. Cover Eli 'Ey a th Bradley De rnett City Manager's Office City ttorney's Office CA13942 R-1 February 23, 2017 • City of Virginia Beach 2017 Hampton Roads Regional Hazard Mitigation Plan - Abstract INTRODUCTION The following is an abstract of the 2017 update of the Hampton Roads Regional Hazard Mitigation Plan. It provides a brief overview of the basic components of the plan and the supporting analsyis of our community's vulnerability to natural hazards. The plan also features potential mitigation strategies the City may want to explore to mediate the impacts of diasters. PURPOSE This plan satisfies the requirements of the Disaster Mitigation Act (DMA) 2000, and is a collective effort between Hampton, Newport News, Poquoson, Williamsburg, James City County, York County, Norfolk, Portsmouth, Suffolk, Virginia Beach, Chesapeake, Isle of Wight County, Smithfield, Windsor, Franklin, Southampton County, and the Towns of Boykins, Branchville, Capron, Courtland, Ivor and Newsoms. It identifies the region's risk of natural hazards (i.e., hurricanes, tornados, lightning storms, etc.), highlights each jurisdiction's capabilities and vulnerabilities, and details strategies to remedy shortfalls and further prepare the community. This plan is required for future mitigation funding eligibility. The DMA 2000 is not to impose a federal mandate on state and local governments, but rather to encourage proactive steps toward protecting communities — not only through post-disaster mitigation activities, but more importantly, through pre-disaster mitigation planning in all areas of government. Funding is provided by FEMA and VDEM through Hazard Mitigation Grant Program (HMGP) funds. PLANNING METHODOLOGY The methodology for this plan is defined by FEMA requirements and is meant to provide a comprehenive and quantitative assessment of mitigation issues. A key element of the planning process is the establishment of a planning team. The planning team then identifies those hazards that might impact the community. The history and relative risks from these hazards are quantified in relation to frequency, impact, and criticality. The planning team then looks at community vulnerability in terms of the physical properties at risk, as well as the population. From this analysis the hazards are ranked and defined. Additional steps include looking at the capabilities for the management of risk, as well as mitigation strategies that the community may want to consider. 1 Hazard Risks for Hampton Roads FLOODING TRORICAL'COAST LL STORM CRITICAL HAZARRFT D-MODERATE EA E:EL RIs TORN DND SUBSIDENCE RISK ;JINIERsJORnl H TARL<NS rIMLRIALS INCIDENT SI IORELINE EROSION I NONCRITICAL HAZARD-LOW RISK: ARTHODAKE WILDFIRE NEGLIGIBLE DROUGNT EXTREME HEAT MITIGATION GOALS The analysis and consideration of the risk associated with those hazards became the basis for the development of various mitigation goals for the region and the City of Virginia Beach. The following are the regional strategies that are identifed to create jurisdiction-specific goals. 2017 Hampton Roads Regional Mitigation Goals Goal 1: Increase community resilience by reducing vulnerability to hazards. Goal 2: Educate the public about hazard vulnerabilities and ways to reduce risk. Goal 3: Strengthen and develop partnerships for mitigating hazard impacts. SUMMARY This plan has been developed to meet FEMA and Community Rating System (CRS) requirements for mitigation plan development and is required in order to allow the City to seek assistance under the Hazard Mitigation Grant Program after major disasters. Beyond this requirement, the plan ensures the City's comprehensive emergency planning and considers mitigation opportunities to prepare for and lessen the impact of disasters. These materials further provide an analysis of the relative risks and potential impacts associated with natural disasters and serve as a planning reference in understanding Virginia Beach's specific risks and hazards. This plan will provide a focal point for the integration of mitigation strategies into the overall City emergency preparedness program. 2 69 Item-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#66845 R.J. Nutter, Attorney for Cavalier Associates, 222 Central Park Drive, Phone: 687-7502, spoke in SUPPORT. Mr. Nutter feels the biggest "GAP"is the understanding of the programs offered by the State and what the programs actually achieve. The GAP Financing is a State program designed to enhance and encourage the Tourism industry, adopted by the General Assembly and the City. The reality is Bruce Thompson has developed numerous successful projects throughout the City with no City funding. The only project that received any public funding was 3f Street which is a model "public private partnership". This project increased the Tourism industry, as well as room rates and the occupancy numbers. City Council approved the GAP Financing for this project in February 2014 to include this portion of the property. At that time, a third hotel was not proposed. The obligations of Cavalier Associates were to build a $205-Million product, exclusive of any residential property, within nine (9) years, with the City's return on investment of $52.2-Million. The Developer is increasing the amount of private investment by$90-Million, and requesting$6-Million of GAP financing. Reid Greenmun, spoke in OPPOSITION. The City spent $309-Million far the Conference Center and should utilize that facility prior to building a hotel to accommodate and promote conferences. Mr. Greenmun asked City Council to trust in the free-market" . The City was founded by a Norfolk Developer that used his own money, built a train from downtown Norfolk to the Oceanfront, created the Virginia Beach Development Corporation. In fact, Laskin Road was built by the Laskin brothers and then donated to the City so citizens and visitors could get to their hotel on the North End. The City is creating competition with the other hotels and that is absolutely not right Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in OPPOSITION. Mr. McCollum questions why the City is considering this project since the banks feel the project is too "risky". Mr. McCollum questions the Developer's claim of creating eighty-one (81)jobs at $80,000 a year. The City should create a level playing fieldfor all businesses. Rona Marsh, 43825 Lynnhaven Crescent, Phone: 270-7900, spoke in OPPOSITION. The City increased taxes last year in order to pay for projects such as the Cavalier. The City should consider the "needs" before the "wants". March 7, 2017 70 Item-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#66845 (Continued) Councilman Davenport made a motion, seconded by Councilman Wood, to ADOPT, Ordinance to AMEND Ordinance ORD-3326E to INCREASE the Gap Financing Authorization re the Cavalier restoration project and to AUTHORIZE other ACTIONS consistent with the State Tourism Development Financing Program Councilman Dyer made a SUBSTITUTE MOTION, seconded by Councilman Moss to DEFER INDEFINITELY, Ordinance to AMEND Ordinance ORD-3326E to INCREASE the Gap Financing Authorization re the Cavalier restoration project and to AUTHORIZE other ACTIONS consistent with the State Tourism Development Financing Program Voting: 3-5 Council Members Voting Aye: Jessica P. Abbott, Robert M Dyer,John D. Moss, Council Members Voting Nay: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. John K Uhrin Council Members Absent: Shannon DS Kane The SUBSTITUTE MOTION FAILED March 7, 2017 71 Item-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#66845 (Continued) Upon the Main Motion of Councilman Davenport, seconded by Councilman Wood, City Council ADOPTED, Ordinance to AMEND Ordinance ORD-3326E to INCREASE the Gap Financing Authorization re the Cavalier restoration project and to AUTHORIZE other ACTIONS consistent with the State Tourism Development Financing Program Voting: 5-3 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Rosemary Wilson and James L. Wood Council Members Voting Nay Jessica P.Abbott, Robert M Dyer, John D. Moss Council Members Abstaining: Mayor William D. Sessoms,Jr. John E. Uhrin Council Members Absent: Shannon DS'Kane **Council Lady Wilson filed Disclosure ***In Compliance with the stated Abstentions,Mayor Sessoms and Councilman Uhrin stepped out of this Formal Session during this discussion. March 7, 2017 1 AN ORDINANCE TO AMEND ORDINANCE 2 ORD-3326E TO INCREASE THE GAP 3 FINANCING AUTHORIZATION FOR THE 4 CAVALIER PROJECT AND TO AUTHORIZE 5 OTHER ACTIONS CONSISTENT WITH THE 6 STATE TOURISM DEVELOPMENT FINANCING 7 PROGRAM 8 9 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism 10 by which a tourism project may receive certain revenue streams to pay "gap financing" 11 as that term is defined by the Statute; 12 13 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the 14 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the 15 "RASAP"); 16 17 WHEREAS, the RASAP identifies a need for transitioning older hotels along the 18 oceanfront to higher quality accommodations and building inventory that promotes year- 19 round visitation; 20 21 WHEREAS, on March 13, 2012, the Council adopted an ordinance creating a 22 Tourism Zone (the "Zone") and on the same date adopted a resolution approving a 23 Council Policy, "Guidelines for the Tourism Project Gap Financing Program" (the 24 "Policy"), which was subsequently amended on November 17, 2015; 25 26 WHEREAS, the entitlement to revenues established by the Statute does not 27 create debt of the Commonwealth of Virginia (the "Commonwealth"), the City of Virginia 28 Beach (the "City"), or the City of Virginia Beach Development Authority (the "VBDA"); 29 30 WHEREAS, on February 11, 2014, the City Council, by Ordinance ORD-3326E, 31 endorsed the application of the developer, Cavalier Associates, LLC (the "Developer") 32 for gap financing, with a gap of $4 Million on Historic Cavalier, and a gap of $14 Million 33 on the Oceanfront Cavalier; and 34 35 WHEREAS, on March 18, 2014, the VBDA authorized its Chair to execute the 36 performance agreement (the "Performance Agreement") required by the Statute; 37 38 WHEREAS, on March 25, 2014, the Performance Agreement was executed by 39 the City, the VBDA, and the Developer; 40 41 WHEREAS, on July 11, 2014, the Virginia Comptroller issued the approval 42 required by the Statute; and 43 44 WHEREAS, the Developer has requested an amendment of the previous 45 approval to include a third hotel (the "Embassy Suites"), additional oceanfront meeting 1 46 space, ballroom space, hotel rooms, and parking, with an identified funding gap of $6.5 47 Million; 48 49 WHEREAS, the Historic Cavalier, the Oceanfront Cavalier, and the Embassy 50 Suites are part of a unified development project (the "Project); and 51 52 WHEREAS, the premises of the Project is the same as described in Ordinance 53 ORD-3326E, and is described more particularly in the map attached hereto as Exhibit A, 54 and made a part hereof; 55 56 WHEREAS, if approved, the total gap financing for the Historic Cavalier, the 57 Oceanfront Cavalier, and the Embassy Suites will be $24.5 Million, subject to paragraph 58 5 below, or 10.4% of the projected cost of the Project, which is estimated to be $235 59 Million; and 60 61 WHEREAS, the Project is located within the Zone; 62 63 WHEREAS, City staff has reviewed the materials submitted by the Developer 64 and finds the Project has the following attributes described in Section 5.2 of the Policy: 65 (a) a minimum capital investment of $30 million; (b) when complete, will provide taxable 66 sales of at least $1 million annually; (c) when complete, will increase year-round 67 employment; (d) fills a void identified in the City's Resort Area Strategic Action Plan; (e) 68 is located in the City's Tourism Zone; and (f) proof of the need for gap financing to the 69 satisfaction of the City's Director of Finance has been submitted; 70 71 WHEREAS, the City previously prepared and received approval for a 72 development plan (the "Tourism Development Plan") as required by the Statute, a copy 73 of such plan is attached hereto as Exhibit B and made a part hereof; 74 75 WHEREAS, upon adoption of this ordinance, the Virginia Tourism Corporation 76 has agreed to allow the City to supplement the previously-approved Tourism 77 Development Plan in the manned described in Exhibit B-1, which is attached hereto and 78 made a part hereof; and 79 80 WHEREAS, to meet the requirements of the Statute, the City and the VBDA will 81 be required to execute an amended performance agreement, a summary of the material 82 amended terms is attached hereto as Exhibit C, and made a part hereof. 83 84 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 85 VIRGINIA BEACH, VIRGINIA, THAT: 86 87 1. The Council endorses the Project for purposes of the Statute, and 88 accordingly, finds that the Project meets a void identified in the City's RASAP and 89 described in more particularity in the Tourism Development Plan. 90 2 91 2. Subject to approval and certification by the Commonwealth and 92 conditioned upon the execution of a performance agreement between the Developer, 93 the City, and the VBDA, the Council hereby designates to the Project and directs, 94 subject to appropriation of such funds to the VBDA, an amount equal to the revenues 95 generated by one percent (1%) local sales and use tax generated by transactions taking 96 place on the premises of the Project be applied to the payment of the principal and 97 interest on the qualified gap financing for the Project for the duration and for the 98 purposes set forth the Statute. 99 100 3. Upon collection and quarterly remittance of revenues by the 101 Commonwealth and the access fee (defined by the Statute) by the Developer of the 102 Project, the City will remit such amounts to the VBDA as required by the Statute. 103 104 4. The City Manager is authorized and directed to take actions consistent 105 with the intent of this ordinance including, without limitation, execution of an Amended 106 Performance Agreement between the Developer, the City, and the VBDA and 107 supplementation of the Tourism Development Plan consistent with Exhibit B-1. 108 109 5. The Amended Performance Agreement shall include a provision 110 mandating the reduction to the amount of gap financing if the actual costs of the 111 Embassy Suites, after completion of construction and an audit of expenses by the City, 112 or a contractor for the City, are less than the projected costs provided by the Developer. 113 Any savings or cost avoidance will be directed to a partial prepayment of the amount 114 owed pursuant to the gap financing and not to the reduction of equity contributions or 115 forms of debt other than gap financing. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of March2017. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: fj /Sita Ateit� t C/.� Stra egic Growth Area Office Finance Department / APPROVED AS TO LEGAL SUFFICIENCY: Office of the/City Attorney CA13893 R-2 February 27, 2017 3 i w, SO Q Z I X r. _ I ) J. '" 4 ,T h� vL i �i C i a 1 1 >k w _, J N �' Lj, ' i _ tt' Q m _ y J t ,,r,„ -- ` 'rs 1 N > 7Co i .0 as CKa s2 0 F` "-`j al m -Y(3 Exhibit B Cavalier Hotel Tourism Development Plan Section 1: Proposed Project 1-A: Briefly describe the overall scope and concept of your proposed project The project involves the preservation of the historic Cavalier Hotel, terrace lawn, and Cavalier Drive Motor Court. Each will be placed on the Historic Registry. This architectural landmark will be transformed into a 90 — 100 room 5 star hotel and will be complemented with a new 300 room contemporary hotel across Atlantic Avenue on the oceanfront. Both hotels will offer amenities to guests. Amenities include a luxury spa/wellness center, a destination restaurant, a hunt room lounge, new indoor and outdoor pools, recreation facilities, a linear park, gardens, and a parking facility. The contemporary hotel will offer 90 luxury suites 1-B:What perceived VOID in your local tourism economy will this proposed project fill? According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for transitioning older hotels along the oceanfront to higher quality accommodations. Currently, the Cavalier on the Hill (historic hotel) is in need of major renovations. Many rooms are uninhabitable. The preservation would transform the hotel into a fully functioning 5 star hotel with amenities; moreover the current oceanfront hotel is a low-quality hotel.The oceanfront hotel would be replaced with a high quality hotel accommodating luxury suites. 1-C:Will this proposed project fit into an existing Tourism Zone? Yes 1-D:The proposed project will accomplish the following: Projected jobs created by this project=220 year round and 330 seasonal (total peak 550) Projected local tax revenue= $17,950,102 (over ten years) 2-A:What attributes best describe your area: Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches, Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and SGA Office 1/91:4 2 conservation gardens (opens 2014), disability parks, public playground parks, dog parks, oceanfront boardwalk walking,agricultural—Farmer's Markets and "Pick your Own." History/Heritage: Revolutionary, civil war, civil rights, Virginia Indian, African American, European American,War of 1812, Naval operations, and American colonization Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine dining,spa services, large convention center,and Edgar Casey Foundation. Sport/Recreation: Boating,sailing,canoeing, kayaking,fishing(fresh and salt),golf, hunting,biking, road cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium, tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial adventure park(opens 2014), and surfing Arts/Culture: Museums—marine science,fine art and aviation, historic homes,and colleges Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go carting, surfing championships, air shows, shopping malls, street entertainment, firework displays, amphitheater and fine art concerts. Do you offer seasonal or year-round experiences: Both Do you have a peak season:Summer 2-8:What are your major lures and drivers that attract tourists to your area? Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment and recreational venues,museums,golfing, surfing,water sports,fishing,shopping malls, historic hones and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state parks,shopping malls,and campgrounds. 2-C:What is your unique factor?What sets you apart from the competition? The City has a: • Historical hotel (Cavalier on the Hill)where Presidents, movie stars, and other dignitaries stayed • Historical marker indicating the place where the first Europeans landed in America before settling in Jamestown • Historic lighthouse authorized by President George Washington as one of the first federal government public infrastructures built • Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of aquatic animals and interactive exhibits SGA Office 1/9/14 • 3 • Psychic center featuring Edgar Cayce's(the Sleeping Prophet)lifetime work • 20,000 seat outdoor amphitheater featuring top entertainment acts • Military air museum with one of the largest WWI and WWII aircraft collections • Naval master jet base(only one on the east coast)for jet observations • Collection of historic homes for touring • An indoor skydiving facility(opens in 2014) 2-D:Who is your major competition? Myrtle Beach,SC and Ocean City, MD 3-A:Gauge your tourism infrastructure How would you rate your transportation?(excellent,average,or weak) Interstates: Weak Secondary roads: Average Signage: Average Bus travel: Average Train travel: Average Air travel: Average Waterways: Excellent Taxi service: Average Bike paths: Average How would you rate your environment?(strong,average,or weak) Air quality: Strong Noise levels: Average Traffic: Average Landfills: Strong Wetlands: Strong Public health: Average How would you rate your public services?(strong,average,or weak) Police force: Strong Healthcare: Average Public utilities: Strong Waste management: Strong SGA Office 1/9/14 1 4 Rescue support: Strong Communications: Strong Public parks/recreation: Strong 3-8:Gauge your tourism economy and business community How would you rate your accommodations?(strong,average,or weak) B&Bs: Weak Inns: Average Hotels: Average Resorts: Average Rental property: Average Cottages: Strong Cabins: Weak Campsites: Average How would you rate your facilities?(strong,average,or weak) Universities: Average Performing arts: Strong Outdoor parks: Strong Convention facilities: Strong Sporting venues: Strong Event spaces: Strong How would you rate your attractions?(strong,average,or weak) Shopping: Average Dining: Average Historic: Strong Museums/Aquarium: Strong Wineries: Weak Music festivals: Strong Zoos/animal parks: Weak Art galleries: Weak Nature trails&facilities: Average 3-B:Gauge your local social and cultural assets SGA Office 1/9/14 5 How would you describe your heritage and culture?(strong,average,or weak) Multi-cultural diversity: Average Geography: Strong Architecture: Average Historical improvements: Strong Language: Average Material culture: Average Aesthetics: Average Religious diversity: Average How would you describe your local flavor?(strong,average,or weak) Visitor friendly: Strong Civic-mindedness: Average ' Respect for diversity: Strong Political climate: Average Unity among civic groups: Average Local sports team support: Average University/college town: Weak How would you rate your integrity of the area?(strong,average,or weak) Safety: Strong Cleanliness: Strong Friendliness: Strong Stability: Average Quality of life: Strong 3-D: Gauge your top 3 strengths,weaknesses,opportunities and threats Strengths Weaknesses Pristine beaches Not an international tourism destination Family friendly environment Interstate congestion Safe community Year-round tourism Threats Opportunities Military oriented economy Youth retention Lack of high-quality hotels High technology job creation Continual beach sand replenishment Large entertainment venues SGA Office • 1/9/14 6 V 4-A:Existing market plan submission Resort Area Strategic Action Plan (RASAP) 4-B:Your marketing plan will have the following affects: Visitation increased by 50%(undetermined) Tourist expenditures increased by 60% (undetermined) Combined development and private sector investments of$10,000,000,000(undetermined) Visitor satisfaction increased by 33%(estimate) Number of partnership participants in your marketing plan is undetermined SGA Office 1/9/14 EXHIBIT B-1 MODIFICATIONS TO THE TOURISM DEVELOPMENT PLAN: Cavalier Associates, LLC has submitted a Tourism Development Finance Program (TDFP) proposal to amend the 2014 Historic Cavalier Hotel TDFP application. In the amended proposal, Cavalier Associates, LLC would add a $56 million upper-upscale Embassy Suite Hotel to supplement rooms and conference space at the oceanfront Marriott and the Historic Cavalier Hotel. Cavalier Associates, LLC would invest $11.2 million in equity and apply for a $38.3 million loan. This would leave a TDFP gap of $6.5 million. The Embassy Suites Hotel will add approximately 175 rooms, generate an estimated $17 million in taxable sales, and add 8,000 sf of conference space. Total Cavalier Resort conference space will exceed 34,000 sf and will offer approximately 550 adjacent hotel rooms. Adjacent room blocks exceeding 400 with conference space exceeding 30,000 sf is demanded by meeting planners. Currently, the City of Virginia Beach does not have either, and conference business is contracting with other localities. The Embassy Suites Hotel addition within the Cavalier Resort would fill this local void. EXHIBIT C SUMMARY OF TERMS PERFORMANCE AGREEMENT FOR (1) Historic Cavalier Hotel (2) Oceanfront Marriott Hotel (3) Oceanfront Embassy Suites Hotel PARTIES: City of Virginia Beach ("City") City of Virginia Beach Development Authority ("VBDA") Cavalier Associates, LLC ("Developer") TERM: Commencing with the signing of the agreement, until the "gap financing" is paid in full. However, the Performance Payments, as described in the Agreement, will not commence until the Project has transactions that are subject to state sales and use tax. STATUTORY AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing Program, and all requirements set forth in the Performance Agreement will be in conformity with this statute. RECOURSE/ DEBT The entitlement to certain revenues authorized by § 58-3851.1 does not create debt of the City, the VBDA, or the Commonwealth of Virginia (the "State"). Additionally, the performance agreement will affirmatively state that there is no recourse of the "gap financing" against the City, the VBDA, or the State. PERFORMANCE PAYMENT: If the Project is approved by the Virginia Tourism Corporation and certified by the State Comptroller as qualifying for such payments, the Agreement shall provide "Performance Payments" from the State, the City, and the Project. Each Performance Payment shall be equal to the revenue generated by one percent of the sales generated on the premises of the Project. The amount of the payments shall be provided quarterly based on an amount certified by the Virginia Tax Commissioner. METHOD OF PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State portion is remitted from the State Comptroller to the City. The City remits this amount to the Development Authority. METHOD OF PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City portion is remitted to the VBDA. METHOD OF PAYMENT ACCESS FEE: The Developer is responsible for an "access fee" that is equal to the amount certified quarterly by the Tax Commissioner. The access fee is remitted from the Developer to the City. The City remits this amount to the VBDA. RESTRICTION ON USE OF FUNDS: The VBDA sends quarterly payments directly to the financial institution in furtherance of the payment of the gap financing. However, no payment shall be sent until the VBDA has all three portions attributable to the previous quarter. The only permitted use of the Performance Payments is for principal and interest on the "gap financing." The amount of the gap financing is $24.5 million or 10.4% of the estimated total project costs of $235 million. In the event that the total amount of the Performance Payments exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. CONSTRUCTION COST SAVINGS OR AVOIDANCE: The Agreement shall include a provision mandating the reduction to the amount of gap financing if the actual costs of the Embassy Suites, after completion of construction and an audit of expenses by the City or a contractor for the City, are less than the projected costs provided by the Developer. For purposes of this provision, the Embassy Suites financing is proposed to require $56 million with equity of $11.2 million, financing of $38.3 million, and gap financing of $6.5 million. Any savings or cost avoidance will be directed to a partial prepayment of the amount owed pursuant to the gap financing and not the reduction of equity contributions or forms of debt other than gap financing. GtNV+.B@gc H+L z City of Virginia Beach s, r °v�W ltgwro.com WILLIAM 0.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE In Reply Refer to 0060087 VIRGINIA BEACH.VA 23456-9000 p y 1757I 385-4581 FAX 17571 305-5699 wsessoms vbgov corn March 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure 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 making this disclosure regarding City Council's discussion and vote on(i) an ordinance to amend ordinance ORD-3326E to increase the gap financing authorization for the Cavalier Project and to authorize other actions consistent with the State Tourism Development Financing Program; and (ii) a resolution authorizing the City Manager (1) to apply for a Transportation Partnership Opportunity Fund Grant to fund the partial realignment of Atlantic Avenue and (2) to petition the Commonwealth of Virginia Transportation Board to transfer certain real property to the City of Virginia Beach. 2. The developer of the Cavalier Project—Cavalier Associates, LLC—has disclosed that TowncHank is the corporation's financial services provider. 3. I have a personal interest in TowneBank, which is located at 600 22iid Street in Virginia Beach. 4. I hereby disclose this interest and will abstain from voting on this matter. Mrs. Ruth Hodges Fraser -2- March 7, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely. • 'William D. soros Mayor WDS/RRI �.7 F� >j City- of Vir-�Tirzia li3each LLyav 5! _com JOHN E.UHRIN PHONE. 1757)200 7005 COUNCILMANDISTRICTS-BEACH JUHRIN®VBGOV COM In Reply Refer to 0060084 March 7,2017 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 disclosure: I. I am making this disclosure regarding City Council's discussion and vote on (i) an ordinance to amend ordinance ORD-3326E to increase the gap financing authorization for the Cavalier Project and to authorize other actions consistent with the State Tourism Development Financing Program; and (ii) a resolution authorizing the City Manager (1) to apply for a Transportation Partnership Opportunity Fund Grant to fund the partial realignment of Atlantic Avenue and (2) to petition the Commonwealth of Virginia Transportation Board to transfer certain real property to the City of Virginia Beach. 2. I have a personal interest in East Beach Realty Company, which does business as Cavalier Realty Associates and is located at 300 West Freemason Street, Norfolk, VA 23510. 3. East Beach Realty Company is marketing homes adjacent to the Cavalier on the Hill. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 215 ATLANTIC AVENUE,VIRGINIA BEACH.VIRGINIA 234E1 Mrs. Ruth Hodges Fraser -2- March 7, 2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you lbr your assistance and cooperation in this matter. Sincere! y Li J E. Uhrin ouncilmember JEU/RRI A6F 'r, rti a 414 121 Y?> City of Vir iriia Bc;acim 0, QUA No03 _4 ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 In Reply Refer to 0060085 March 7, 2017 Mrs. Ruth I lodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am making this disclosure regarding City Council's discussion and vote on (i) an ordinance to amend ordinance ORD-3326E to increase the gap financing authorization for the Cavalier Project and to authorize other actions consistent with the State Tourism Development Financing Program; and (ii) a resolution authorizing the City Manager (1) to apply for a Transportation Partnership Opportunity Fund Grant to fund the partial realignment of Atlantic Avenue and (2) to petition the Commonwealth of Virginia Transportation Board to transfer certain real property to the City of Virginia Beach. 2. The developer of the Cavalier Project Cavalier Associates, LLC—has disclosed that Dixon Hughes Goodman is its accounting services provider. 3. I have a personal interest in Dixon Ilughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Ilughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH.VA 23451 Mrs. Ruth Hodges Fraser -2- March 7, 2017 4. The City Attorney's Office has advised me that because I do not personally provide services to the Cavalier Associates, LLC, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the appointments, upon disclosure of this interest. 5. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wils Councilmember RAW/RRI 72 Item-VI-J.4a/b ORDINANCES/RESOLUTIONS ITEM#66846 R.J. Nutter, Attorney for Cavalier Associates, 222 Central Park Drive, Phone: 687-7502, spoke in SUPPORT. The Developer has met with the surrounding Civic Leagues and various businesses numerous times. Those individuals would be most directly affected by this project have spoken in support of this project. The main access for both hotels will he at the same location that will be made possible with the realignment. The Developer will spend an addition $2-Million to ensure the entrance reflects a 'first class resort". Bruce Chisholm, 1325 Chewnink Court, Phone: 703-585-0065, spoke in OPPOSITION. He questioned whether the hotel guests would be entering the hotels at the cul-de-sac and was assured by Mr. Nutter they would not. Reid Greenmun, spoke in OPPOSITION. Mr. Greenmun attended many of the meetings Mr. Nutter referenced and takes offense to Mr. Nutter's accusation of the "general public not understanding". The property will be transferred to the City for "valet parking" for the new hotels. He feels this is fundamentally wrong for the City to consider investing in this project. Diana Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION. Ms. Howard does not feel there is anything unique or special about this proposed project which will just be one more hotel at the Oceanfront. Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in OPPOSITION Mr. McCollum feels this is part of the problem the City has, this is just wrong. E. George Minns, 236 Shipps Lane, Phone: 575-8109, Seatack Community Civic League — President, spoke in OPPOSITION Mr. Minns takes exception to the Citizens that have become victims, being brushed off as a mere perception. Mr. Minns is amazed to hear that North Beach Civic League had such free information because Seatack Community Civic League has never been treated as such nor had that privilege. Upon motion by Councilman Wood, seconded by Councilman Davenport, City Council ADOPTED, Resolution to AUTHORIZE the City Manager: a. APPLY JM a Transportation Partnership Opportunity Fund Grant re the partial realignment of Atlantic Avenue b. PETITION the Commonwealth of Virginia Transportation Board to TRANSFER certain Real property to the City of Virginia Beach March 7, 2017 73 Item-VI-J.4a/b ORDINANCES/RESOLUTIONS ITEM#66846 (Continued) Voting: 5-3 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, John D. Moss, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. John E. Uhrin, Council Members Absent: Shannon DS Kane **Council Lady Wilson filed Disclosure ***In Compliance with the stated Abstentions, Mayor Sessoms and Councilman Uhrin stepped out of this Formal Session during this discussion. March 7, 2017 I RESOLUTION AUTHORIZING THE CITY MANAGER 1) 2 TO APPLY FOR A TRANSPORTATION PARTNERSHIP 3 OPPORTUNITY FUND GRANT TO FUND THE 4 PARTIAL REALIGNMENT OF ATLANTIC AVENUE AND 5 2) TO PETITION THE COMMONWEALTH OF VIRGINIA 6 TRANSPORTATION BOARD TO TRANSFER CERTAIN 7 REAL PROPERTY TO THE CITY OF VIRGINIA BEACH 8 9 WHEREAS, Cavalier Associates, LLC (the "Developer") is redeveloping the 10 Cavalier Hotel complex (the "Redevelopment") located at the north end of oceanfront 11 resort in the City of Virginia Beach (the "City"). As a part of the Redevelopment, the 12 Developer has requested that the City reconfigure the northern terminus of Atlantic 13 Avenue to a layout as shown on Exhibit A, attached hereto (the "Road Project"); 14 15 WHEREAS, the Road Project would cul-de-sac at Atlantic Avenue south of the 16 existing intersection with Pacific Avenue. Through-traffic currently accessing Pacific 17 Avenue from Atlantic Avenue would now do so from 40th Street. This would allow the 18 Developer to construct access to the oceanfront elements of the Redevelopment, which 19 would more efficiently bring traffic into the Redevelopment and reduce stacking and 20 congestion on Atlantic Avenue; 21 22 WHEREAS, the City intends to apply to the Commonwealth for a grant from the 23 Transportation Partnership Opportunity Fund ("TPOF") to fund the Road Project. Such 24 funds are available for transportation projects that support certain economic 25 development projects; 26 27 WHEREAS, a portion of the area of the Road Project is currently owned by the 28 Commonwealth, specifically the Atlantic Avenue right-of-way and remnant pieces from 29 previous realignments of Atlantic Avenue (the "Commonwealth Property"), as shown on 30 Exhibit A, attached hereto. The Commonwealth of Virginia Transportation Board (the 31 "CTB") will not begin the process of transferring title to a locality until that locality 32 formally petitions the CTB pursuant to §33.2-907 of the Code of Virginia (1950), as 33 amended; 34 35 WHEREAS, the remainder of the area of the Road Project is either owned by the 36 City or the Developer. The Developer has agreed to dedicate any necessary property 37 to the City for the Road Project; 38 39 WHEREAS, the Developer has represented to the City that the Road Project will 40 allow the Developer to add more meeting and conference space to the Redevelopment; 41 42 WHEREAS, if the Road Project is not undertaken, the City will not benefit from 43 added tourism and convention business attributable to the larger meeting and 44 conference space, and the traffic impacts on the general public from the 45 Redevelopment will be greater; and 46 WHEREAS, the Road Project provides the opportunity to re-create the 47 appearance of the historical "Grand Lawn" connection between the Cavalier on the Hill 48 and the oceanfront beach club. 49 50 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 1. That the City Manager is hereby authorized to apply for a grant from the 54 Transportation Partnership Opportunity Fund in the amount of $2,497,000 for the 55 construction of the Road Project as shown on Exhibit A, attached hereto and made a 56 part hereof. 57 58 2. That the City Manager is further authorized to petition the Commonwealth 59 of Virginia Transportation Board pursuant to §33.2-907 of the Code of Virginia, as 60 amended, to transfer title of the real estate identified as the "Commonwealth Property" 61 on Exhibit A, attached hereto and made a part hereof, to the City of Virginia Beach, and 62 to take such other action as necessary to complete the conveyance of title of the 63 Commonwealth Property to the City of Virginia Beach. 64 65 3. That the City Manager, or his authorized designee, is hereby authorized to 66 execute any and all documents on behalf of the City to complete the actions 67 contemplated herein, containing such terms, conditions and modifications as may be 68 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 69 7th 70 Adopted by the City Council of the City of Virginia Beach, Virginia, this 71 day of March, 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: S A Office City Attorney APPROVED AS TO CONTENT: P. ) A. [ . Departm nt of Public W rks CA13870 rlizp„mmwOF$I Appna,bnsoiiylawhoaQaomR.Wp occW2]'P025 WJS_I7I Ls R-2 February 28, 2017 .-1. 4. . CM "ilia 111 1 ,i'.... .77 .4 r f; 1 1 ,illt4 t ! .in..,,Aet e PI ‘ till ,, WI a:,OP101-FILT „al_ ; ! :Ail '_jig ...2, i. 11-11,dail ' ' . 1 P i o libill0F4 'Aill kar g t t My t - -9 or s At ', , . i.2 P io4N1 i: ,• as : ''---- s--- i J )._ , ,7‘. . , , 12 �C.' . • . - iJ' .ly. .1i;r411-1-? ' , , • 7.1 rs „4 .,, , , 11r fR II". ,olotsiorm. m v n-- •r•'-, :- TIP-4 42HGST - 1Gt ws .. , ] .- T, - .),:tte)....1:, �+' •JJ _ p ., el '4,...44-1. _,. ...- ., ,., , . ._ . _ •• • m 0 ,z,„,,...y.) ,-, ,, , si , 4.: \ , • , . ,.... , _ - — _,;,..„....g..,.....S1 ArS-k.- 0"t . , N ,;,..,9 ' coM X X lira 1 M 11,-4 -'; .4:cc.''' .. '1. ' . F 4 ' e * ,_ r- ,,, ,._, ".... ,.... ! , 'I...W ‘ a '7 a. 1 ,,, , ,,g,)3 .'4 :- •;:i'l Z40' "-' ,i),> , ,,,.,_,, i, , r"z \ Z 0 1, 1.J ) '` . p ` v , .• jey j b r (' l j ‘t •.. . .. 0 js — ) .r. .c, z -J' , , Ai° ' k � „ D _` r � .. Z yt.4.. '. r rZ 1 ^' .tib r 'f 4►1 11; -17 . .. . , ti/ "7/4",":,Lcit ,) IIL. 3 e-- I 411114,0 N..,. -`� 0 Y TH ST 1 i 7' 41 t 4 1:, # I.w4 � - G /_ I; iiiiiillifilig la -s'4. 1 ,•a ir . 64:ti-1 , / ivc ' .. _ 1 J ..... T'T r ... ., r �_.' : ' oli(44' _. ;.(.. • SN1ABitcyh ff..-_ S City or Virginia Beach ` Yq+S Of URNM'°. f6 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE In Reply Refer to 0060087 VIRGINIA BEACH,VA 2345641300v P. (757)3845Sl FAX(757)385-5699 wsesYvms@vbgov corn March 7,2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure 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 making this disclosure regarding City Council's discussion and vote on (i) an ordinance to amend ordinance ORD-3326E to increase the gap financing authorization for the Cavalier Project and to authorize other actions consistent with the State Tourism Development Financing Program; and (ii) a resolution authorizing the City Manager (I) to apply for a Transportation Partnership Opportunity Fund Grant to fund the partial realignment of Atlantic Avenue and (2) to petition the Commonwealth of Virginia Transportation Board to transfer certain real property to the City of Virginia Beach. 2. The developer of the Cavalier Project—Cavalier Associates, LLC—has disclosed that TowneBank is the corporation's financial services provider. 3. I have a personal interest in TowneBank, which is located at 600 22"d Street in Virginia Beach. 4. I hereby disclose this interest and will abstain from voting on this matter. Mrs. Ruth Hodges Fraser -2- March 7, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. S�incceerr • a eelly, 'William D. soms Mayor WDS/RRI 04 r 7:Lep }7 r 5 City of VI r- inia Beach qrr e 4 OUR NA9O VBgov.com JOHN E.UHHIN PHONE (757)200-7005 COUNCILMAN DISTRICT 6-BEACH JUHRIN@VBGOVCOM In Reply Refer to 0060084 March 7,2017 Mrs. Ruth I lodges 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 disclosure: 1. I am making this disclosure regarding City Council's discussion and vote on (i)an ordinance to amend ordinance ORD-3326E to increase the gap financing authorization for the Cavalier Project and to authorize other actions consistent with the State Tourism Development Financing Program; and (ii) a resolution authorizing the City Manager (I) to apply for a Transportation Partnership Opportunity Fund Grant to fund the partial realignment of Atlantic Avenue and (2) to petition the Commonwealth of Virginia Transportation Board to transfer certain real property to the City of Virginia Beach. 2. 1 have a personal interest in East Beach Realty Company, which does business as Cavalier Realty Associates and is located at 300 West Freemason Street, Norfolk, VA 23510. 3. East Beach Realty Company is marketing homes adjacent to the Cavalier on the Hill. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 215 ATLANTIC AVENUE. VIRGINIA BEACH. VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- March 7, 2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerel .I n E. Uhrin ouncilmember JFURRI cpakssiic a. � �> City of Viriziriia Seach chi A� . ti43 4 ».,r. : a P NPPON VRgcv.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX. (757)385-5669 In Reply Refer to 0060085 March 7, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (1) Dear Mrs. Fraser: Pursuant to the Slate and Local Government Conflict of Interests Act, I make the following declaration: 1. I am making this disclosure regarding City Council's discussion and vote on (i)an ordinance to amend ordinance ORI)-3326E to increase the gap financing authorization for the Cavalier Project and to authorize other actions consistent with the State Tourism Development Financing Program; and (ii) a resolution authorizing the City Manager (I) to apply for a Transportation Partnership Opportunity Fund Grant to fund the partial realignment of Atlantic Avenue and (2) to petition the Commonwealth of Virginia Transportation Board to transfer certain real property to the City of Virginia Beach. 2. The developer of the Cavalier Project—Cavalier Associates, LLC—has disclosed that Dixon Hughes Goodman is its accounting services provider. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road. Suite 500, Virginia Beach, Virginia. 921 ATLANTIC AVENUE.UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth 'lodges Fraser -2- March 7,2017 4. The City Attorney's Office has advised me that because 1 do not personally provide services to the Cavalier Associates, LLC, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the appointments, upon disclosure of this interest. S. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely. Rosemary A. Wils n Councilmember RAW/R RI 74 Item-VI-J.Sa/b ORDINANCES/RESOLUTIONS ITEM#66847 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to: a. DECLARE approximately 26 acres of City property at West Neck Road and Nimmo Parkway in EXCESS b. AUTHORIZE the TRANSFER of the property to the Commonwealth of Virginia re development of a Veteran's Care Center Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis K Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 1 AN ORDINANCE DECLARING APPROXIMATELY 26 2 ACRES OF CITY PROPERTY LOCATED AT THE 3 INTERSECTION OF WEST NECK ROAD AND 4 NIMMO PARKWAY TO BE IN EXCESS OF THE 5 CITY'S NEEDS AND AUTHORIZING TRANSFER OF 6 THE PROPERTY TO THE COMMONWEALTH OF 7 VIRGINIA FOR THE DEVELOPMENT OF A a VETERANS CARE CENTER 9 10 WHEREAS, the Commonwealth of Virginia, Department of Veterans Services (the 11 "Commonwealth") plans to construct two veterans care facilities to serve veterans in the 12 Commonwealth. One facility is already under construction in northern Virginia and the 13 other is planned for Virginia Beach (the "Care Center"); 14 15 WHEREAS, the Care Center would require approximately 26 acres of land and 16 consist of approximately 141,000 sq. ft. of medical and care facilities to provide a mix of 17 long-term skilled nursing care, Alzheimer's/dementia care, short-term rehabilitation and 18 assisted living care; 19 20 WHEREAS, the Commonwealth has identified a portion of City-owned land located 21 at the intersection of West Neck Road and Nimmo Parkway known as GPIN: 1494-51- 22 5393, as shown on Exhibit A attached hereto (the "Property") as suitable for the 23 development of the Care Center; and 24 25 WHEREAS, City staff has determined that title to the Property should be 26 transferred to the Commonwealth to facilitate the proposed Care Center. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA, 30 31 1. That Property, consisting of approximately 26 acres, as shown on Exhibit 32 A attached hereto and made a part hereof, is hereby declared to be in excess of the 33 needs of the City of Virginia Beach. 34 35 2. That City Council, subject to acceptance by the Commonwealth, 36 authorizes the transfer of title of the Property to the Commonwealth. 37 38 3. That the City Manager, or his designee, is hereby authorized to execute 39 any and all documents to complete such transfer, so long as the documents contain 40 such terms, conditions and modifications as may be acceptable to the City Manager and 41 in a form deemed satisfactory by the City Attorney. 42 7th 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of March , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City sitorney Economic Development CA13686 vbyov cam. I Applications C intax Pod gmmi'Wpdocs D020 Pli12 5[554 Aocc R-1 2/24/2017 2 r . 11 / 0 ••••• - e'r o to m .-"......... 4/,. i/ I • , .,,, • , , • . , . ii t > ,I "•• el GI . t,0 j > .,.., , izi. • Z . . 417 A. . . . --, , r . "It 70 V) 1 & • , _ - 111%.", , ...,T. . "., • ' ' ,,, ' :' .... (.,. i • •, 4, • • .,9 - * /44 ,' P 0--- 1 - - - i ..... . ... •--, .r. IA , - •i• --.., *:0 .. i -' • i49 f-• I%, / 1, a Or' "" • ,., N ' ., A .......„ ''‘:' • ' if r .' • , - t .—.. ., , .,, f.,,, ' .... / , . 1 . ., . ..,.,.„. . «pp., ..„,.., . , %kr .4 ' o i if 41' .... 4 4 , ..-.1.,.;• . i i .rjpj It - - . 75 Item-VI-.1.5c ORDINANCES/RESOLUTIONS ITEM#66848 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to DESIGNATE two (2)options for a new School site Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 1 A RESOLUTION DESIGNATING TWO 2 OPTIONS FOR A NEW SCHOOL 3 PLACEHOLDER SITE 4 5 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property 6 located at the intersection of West Neck Road and Nimmo Parkway known as GPIN: 7 1494-51-5393 (the "Property"); 8 9 WHEREAS, the Commonwealth of Virginia, Department of Veterans Services 10 (the "Commonwealth") plans to construct two veterans care facilities to serve veterans 11 in the Commonwealth; 12 13 WHEREAS, one facility is already under construction in northern Virginia and the 14 other is planned for Virginia Beach (the "Care Center"); 15 16 WHEREAS, the Commonwealth has identified a portion of the Property as 17 suitable for the development of the Care Center, and has requested that the City convey 18 title to that portion of the Property to the Commonwealth for the development of the 19 Care Center; 20 21 WHEREAS, the Property is currently designated as a placeholder site for a future 22 school building based on informal agreements between the City and the School Board 23 of the City of Virginia Beach (the "School Board") made at the time the City purchased 24 the Lake Ridge property using funds designated for school facilities; 25 26 WHEREAS, it is the desire of City and Schools' staff to designate two options for 27 the future school site, as shown on Exhibit A attached hereto (the "School Placeholder 28 Sites"), to replace the current placeholder site, a portion of which is to be conveyed to 29 the Commonwealth; 30 31 WHEREAS, by designating the School Placeholder Sites, the City Council 32 declares its intention to convey one (1) of the two (2) sites to the School Board for future 33 educational facilities; 34 35 WHEREAS, additional Council action would be required to formally transfer one 36 (1) of the two (2) School Placeholder Sites to the School Board at such time as 37 development of a new school is needed; and 38 39 WHEREAS, the exact size and boundaries of the site chosen will be for future 40 determination, but the intent is to provide a City-owned site suitable for an elementary 41 school in one (1) of the areas identified as School Placeholder Sites. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 That the City Council hereby designates the areas shown on Exhibit A attached 46 hereto and made a part hereof, as "School Placeholder Sites" and declares its intention 47 to convey one (1) of the two (2) sites to the School Board at such time as the School 48 Board needs it to construct new school facilities. Adopted by the Council of the City of Virginia Beach on the 7th day of March , 2017. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney 111.11"...-- CA13862 beov.com1 Applications,CityLawProckycom32\Wpdocs\D0234.024\00352765.docx R-1 February 23, 2017 2 L....---.N...... . , . ..._.j I T 1 SALEV •_ ,, , if 7,74-9L . .. , ,.: ACHRISTOPHER 'PA FARMS 4/ . • 'VcN. iiie - - . OP-, ts 6"„ -f/t. 13 L 0, 4,„ c ; \niltv :. CASTLE .7 . . - S4Z4,,,p i ' lii tit . ..... . 0 I i tor . V ' ‘40E.S S At, ct- , 40.1 ---, C GPIN 1494-51-539 NM 1.. , Former Schoo • ., 1 Till7 ... ii . Placeholder SitL,s.,,,7:- .. \ Gi° - . . to-n DM PRINCESS 4,•4PAIF INA°A4C)A14 , ANNE (ck 1 - f .• 1 • \ i ,0 _ :::......-., .,), - , , % li „... . .. . . ri.f,•:-:::: , .n.lane•, I. 11\ - -. - / t., ,. F. ---, '-111.. • ' ' sr 1.. - • , , ... 13 ' - .. .- . 0 '...,7. .,, wmENNOTRATRHyLsAcNHD0I 1 . -- oleiv9 4 .. NpGLzoNE - ' istitior r , . . , .., _ '...,..e1.0 .;11.:4P11 ." : .‘."Z•;;; :,. . .--"- :-..•..\.. V,, ,•4 ,•,1 `1$ \..: )4'''''''0.4,..,.;\..,..., ,. ,,.%4•„„ . p , .:,jr. ?„ " .(°11-111"4 71.:::"::::: :::: 11'....14iisN taw sulL4;14 1:11:11;;;;I:17114i141:7:::4:: -d r 'Or. .- -2 Siip ' .-- :4z;is-,1 to _' ..-...• 4,,P" .,„,--.0 i:i!..i.:,•z ; '•'' ..„. .1 0/ LL Eriftrnt arilat 7f:044: ,e .4/ 4 e "'All= AJ,‘ 401 a z 1:,;:::::?,- r!I='!.); •;'& . 9*- . /04 ., .4 .-..v. . ..\!' ft 40 innaultif -"OM n Minim Vgif ilk 11 Exhibit A ... , . . . . . ,, ‘,. . . .. Location Map , / , cc.‘ (.0 New School Placeholder Sit - , , , Replacement Options ..z. Legend 1 . zi ciElementary School Zone Boundaries , p ; CIAICUZ Noise Zones . , cm >75 DNL AICUZ Noise Zones . , . ' 1=IAICUZ APZ Areas ) : alli City Property Two Option Areas for a New / ',()School Placeholder Site Item -VI-J.6 ORDINANCES/RESOLUTIONS 76 ITEM#66849 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and UDT/SEAL Museum Association, Inc., re: a Navy SEAL Monument at 38`h Street and the Boardwalk; and, AUTHORIZE the City Manager to ACCEPT DONATION of the Monument upon completion Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AGREEMENT BETWEEN THE CITY OF 3 VIRGINIA BEACH AND UDT/SEAL MUSEUM 4 ASSOCIATION INC. FOR THE CONSTRUCTION, 5 DEDICATION AND MAINTENANCE OF THE NAVY SEAL 6 MONUMENT TO BE INSTALLED AT 38TH STREET AND 7 THE BOARDWALK, AND AUTHORIZING THE CITY 8 MANAGER TO ACCEPT DONATION OF THE MONUMENT 9 10 WHEREAS, the UDT/SEAL Museum Association, Inc. ("NNSM") is a nonprofit 11 501(c)(3) organization that has proposed to construct and dedicate a memorial for 12 placement at 38th Street and the Boardwalk ("Premises"); and 13 14 WHEREAS, the Navy SEAL Monument ("Monument") will commemorate the 15 Navy SEAL's origins in Virginia Beach, summarize the salient events in Navy SEAL 16 history, and inform residents and visitors of the Navy SEAL's seventy-five year history 17 with the City of Virginia Beach; and 18 19 WHEREAS, the centerpiece of the Monument will be a life-size bronze statue of 20 a World War II Navy combat swimmer; and 21 22 WHEREAS, the statue will stand atop a horned scully, an obstacle designed by 23 the enemy to sink American landing craft; and 24 25 WHEREAS, a stone wall with insignias of SEAL commands and plaques 26 describing major events in Navy SEAL history will curve behind the statue; and 27 28 WHEREAS, the base of the statue will be surrounded by sand from places 29 around the world where Navy SEALS have served; and 30 31 WHEREAS, the Monument will also include pavers, flagpoles and a lighted 32 accessible inclined walk; and 33 34 WHEREAS, three other Navy SEAL historical sites have identical statues on 35 public property in Ft. Pierce, Florida, Waimanolo, Hawaii, and Coronado, California; and 36 37 WHEREAS, an agreement has been proposed between the City and NNSM to 38 provide for the construction, dedication, and maintenance of the Monument 39 ("Agreement"); and 40 41 WHEREAS, NNSM will, at its sole expense, pay to construct the Monument, with 42 the exception of the lighted accessible inclined walk adjacent to the Monument; and 43 44 WHEREAS, the City will pay for the lighted accessible inclined walk adjacent to 45 the Monument with funding appropriated in the City's Fiscal Year 16-17 Capital 46 Improvement Program, CIP 9-059, in an amount not to exceed eighteen thousand 47 dollars; and 48 49 WHEREAS, the Agreement provides for the dedication of the Monument after 50 completion and written acceptance by the City; and 51 52 WHEREAS, at that time, the Monument shall be the sole property of the City; and 53 54 WHEREAS, upon dedication, the City shall be responsible for 1) lowering, 55 removing and replacing flags at the Monument, as the City deems appropriate; and 2) 56 maintaining the Premises around the Monument, in accordance with the Department of 57 Public Work's existing schedules for maintenance of the Premises, by removing sand 58 and trash from the Premises and emptying trash cans around the Premises; and 59 60 WHEREAS, upon dedication, NNSM shall be responsible, at its sole cost, for all 61 maintenance of the Monument not specifically stated in the preceding paragraph, and 62 for all capital repairs to the Monument; and 63 64 WHEREAS, the Virginia Beach Arts and Humanities Commission has endorsed 65 the Monument. 66 67 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 68 VIRGINIA BEACH, VIRGINIA, THAT: 69 70 1. The City Manager is hereby authorized to execute an Agreement between the 71 City and NNSM for the construction, dedication and maintenance of the 72 Monument to be installed at 38th Street and the boardwalk. 73 74 2. The City Manager is hereby authorized to accept, in writing, the Monument upon 75 final completion of the monument. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of March , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ONWAArI C^.--•.., c - Office of Itural Affairs City Attorney's Off CA13933 R-2 February 22, 2017 SUMMARY OF TERMS AGREEMENT PARTIES: 1) UDT/SEAL MUSEUM ASSOCIATION, INC. ("NNSM") 2) CITY OF VIRGINIA BEACH ("City") PURPOSE: Construction, dedication and maintenance of the Navy SEAL Monument ("Monument") on City-owned property located at 386 Street and the Boardwalk ("Premises"). The Monument will commemorate the Navy SEAL's origins in Virginia Beach. TERMS: At its sole expense, NNSM will design, or cause to be designed, plans for the Monument. NNSM will, at its sole expense, pay to construct the Monument, with the exception of the lighted accessible inclined walk adjacent to the Monument. The City will pay for the lighted accessible inclined walk adjacent to the Monument with funding appropriated in the City's Fiscal Year 16-17 Capital Improvement Program, CIP 9-059, in an amount not to exceed eighteen thousand dollars($18,000). The Agreement provides for the dedication of the Monument after completion and written acceptance by the City. At that time, the Monument shall be the sole property of the City. Upon dedication, the City shall be responsible for lowering, removing and replacing flags at the Monument, as the City deems appropriate. Upon dedication, the City shall also maintain the Premises around the Monument, in accordance with the Department of Public Work's existing schedules for maintenance of the Premises, by removing sand and trash from the Premises and emptying trash cans around the Premises. Upon dedication,NNSM shall be responsible, at its sole cost, for all maintenance of the Monument not specifically stated in the preceding paragraph, and for all capital repairs to the Monument NNSM's contractors and subcontractors are required to have insurance at all times during construction. NNSM will indemnify and hold harmless the City for any actions or omissions on the part of NNSM or any of its agents, contractors, subcontractors, and employees. None of the parties have any obligation to rebuild or replace the Monument in the event of an act of God,war, invasion,hostilities,vandalism, terrorist activities,or any other act or event that destroys or results in the destruction of the Monument. The City will have the sole discretion to rebuild the Monument in the event of destruction, and will be solely responsible for the costs of any such rebuilding. The Agreement contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement,and the ability of the parties to assign the agreement. ^Z ► _ _ R o lip it- ;,' r _o C o . *. c . T !w o u. - ' tea o wr 0.. 2 1310 vt • W Z CO D M MI 4 --i < m 1 70 D l Zr- _ * D m III O n el `�,1, i zn n C Fir m r, D K I��j Z ` T o Z z * . C r D / t X z m X m Z �* � 1111.11P1 , if fp . 7 ! L' i C 0 4 _ -i Illlio • z0 , D I-r : 0 t t f ' m 0 P , . D . i 70 I O ty is �s.t , . . > '.'''.. ' i ii..1 • . 1r C.: '' - % 4 ., • 4..,% T. s' 4'stf I,. 4 '''*' • Tr! .......: - f 010 3:' , 0e1X 10 4 > • Y. 1 •' . ' , . .„ ifiaIIIIVI:... A k . . . r• r. 4 ...---, - . . , . .. i . . .... .f . 4 a ••. - 7) . 3) • . Fri ,) n In H 5 "CI i7, 6 M . . C Z , 0 > . . 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'..' „,.,,..,..., ... 77 Item-VI-J.7 ORDINANCES/RESOLUTIONS ITEM#66850 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach and Development Authority finances to enter into a contract with Clii fonLarsonAllen, LLP for $178,600 (estimated) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis It Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 REQUESTED BY COUNCILMEMBER WOOD 1 AN ORDINANCE AUTHORIZING AN INDEPENDENT 2 AUDIT OF THE CITY OF VIRGINIA BEACH'S 3 FINANCES 4 5 WHEREAS, the City Charter requires an independent audit of the City's finances 6 at the end of each fiscal year; 7 8 WHEREAS, a financial audit selection committee has prepared and distributed a 9 Request for Proposals ("RFP") for an independent audit of the City's financial statements, 10 including the School Division and Development Authority,for the 2017 through 2018 fiscal 11 years, respectively; 12 13 WHEREAS, after evaluating the proposals, the selection committee has 14 recommended CliftonLarsonAllen, LLP to perform the independent audit; 15 16 WHEREAS, pursuant to the RFP, the School Division intends to enter into a 17 separate contract for this audit; and 18 19 WHEREAS, sufficient appropriations have been provided for the City's audit in the 20 fiscal year 2017 Operating Budget. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. The City Manager is hereby authorized to enter into a contract with 26 CliftonLarsonAllen, LLP, in a form acceptable to the City Attorney, for the performance of 27 an independent annual audit of the financial statements of the City of Virginia Beach and 28 the City of Virginia Beach Development Authority for FY 2017 and 2018, at an estimated 29 cost of $178,600 for FY 2017. 30 31 2. In subsequent years, the annual cost of services for the City will increase in 32 an amount not to exceed two (2) percent. 33 34 3. The City Manager is hereby authorized to renew the contract, subject to the 35 availability of appropriations, for additional years thereafter, not to exceed three one-year 36 periods. Adopted by the Council of the City of Virginia Beach on the 7th day of March, 2017. APPROVED AS TO CONTENT: AP" . D A TO LEGAL UFFICIE j. 444n, City Auditor C •t . e ' Office CA13946 R-1 February 24, 2017 78 Item -VI-J.8 ORDINANCES/RESOLUTIONS ITEM#66851 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to MODIFY the Wildlife Response, Inc. Lease to EXTEND construction milestones Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Shannon DS Kane March 7, 2017 AN ORDINANCE TO MODIFY THE LEASE 2 WITH WILDLIFE RESPONSE, INC. TO 3 EXTEND THE TIME TO COMPLETE 4 CERTAIN CONSTRUCTION MILESTONES 5 6 WHEREAS, on March 27, 2012, by Ordinance ORD-3226C, City Council 7 authorized a lease of approximately 51 acres of City-owned land located at 3592 8 Indian River Road to Wildlife Response, Inc. ("WRI") for the construction and 9 operation of a wildlife rehabilitation center (the "Project"); 10 11 WHEREAS, the lease was executed on August 24, 2012 and is for a term 12 of forty years (the "Lease'); 13 14 WHEREAS, the Lease requires WRI to construct the Project in three 15 phases, to be completed by certain deadlines, as set forth in the Summary of 16 Terms approved by City Council; 17 18 WHEREAS, due to certain unforeseen circumstances, WRI has been 19 unable to meet the deadlines set forth in the Lease and has requested an 20 extension to time to complete the Project; 21 22 WHEREAS, WRI is now in a position to commit to new deadlines for each 23 phase of the Project, as set forth in the Amended Summary of Terms attached 24 hereto as Exhibit A; and 25 26 WHEREAS, WRI has made substantial progress on the Project and the 27 extensions contemplated herein do not impose additional obligations on the City 28 nor extend the term of the Lease. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 The City Manager is hereby authorized to execute an amendment to the 34 Lease between the City and WRI, in accordance with the Amended Summary of 35 Terms attached hereto as Exhibit A, and made a part hereof, and such other 36 terms, conditions and modifications as may be acceptable to the City Manager 37 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7thday of March , 2017. APPROVED AS TO CONTENT APPROVED AS TO CONTENT: Public Wo s / Facil les Planni Departm-J Management APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA13869 ,rvbgor corn\DFsl' plications\CMLawProd\cywm32Mpdocs\W1 I\Pom'0043983 DOC R-1 2/23/17 EXHIBIT A AMENDED SUMMARY OF TERMS LEASE OF 51 ACRES OF CITY-OWNED PROPERTY LOCATED AT 3592 INDIAN RIVER ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Wildlife Response, Inc. ("WRI") PREMISES: Approximately 51 acres located at 3592 Indian River Road (GPIN 1483-38-6300) TERM: Forty (40) years (8/24/12 through 8/23/52) RENT: Rent shall be one dollar($1.00) per year. USE: • WRI proposes a three-phase restoration and construction project to create a wildlife rehabilitation facility on the Premises. (WRI has invested over $100,000 to-date) • Phase I will consist of site clean-up jcomplete), restoration of the existing building on the site (partially complete) to make it suitable as a residence for a property caretaker, installation of outdoor wildlife rehabilitation caging area (partially complete), and installation of an aquatic bird center. • Phase II will consist of construction of a medical treatment center (approximately 4,500 sq. ft.) (plans complete), additional wildlife rehabilitation enclosures, landscaping, parking and solar/water collector platforms (partially complete). • Phase III will consist of construction of an administrative facility and education center (approximately 2.400 sq. ft.), and potential bike/nature trails in coordination with the City's Parks and Recreation Dept. • The Premises will be used for wildlife rehabilitation, educational outreach and no other purposes without prior City approval. • All activities under the Lease must be consistent with the Navy easement recorded on the property. Page 1 of 2 AMENDED RIGHTS AND RESPONSIBILITIES OF WRI (LESSEE): • Commence construction on Phase I within six (6) months of execution of the Lease. • Complete Phase I (evidenced by completing the construction as set forth in WRI's site plan and obtaining a certificate of occupancy) within-eighteen •• :- - - - :-- ': - : - - - - by February 28 2018. • Complete Phase ll . •: •• :• = - • - Lease by March 31, 2019. • Complete Phase Ill by December 31, 2019. • Keep, repair, and maintain the Premises in a workmanlike manner at its sole expense. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Be responsible for payment of all taxes and utilities. RESPONSIBILITIES OF THE CITY (LESSOR): • The City will have no ongoing responsibilities on the Premises after execution of the Lease. vvouovcom\DFS1 Wp pOwon stiWLawPmd\cycom3Y\Wpd oc\L 1s\W 13\000,0619.DOC Page 2of 2 - m I..\ • a .1§ l + m N m zLI ieknb w i TD iio % I . A N O r.' i IT p o t i r D < C A • p O Z I 3 p -12 + I Q NN Tpk ,+ , i - 8'.. _gID wam � bMDNIONr BD/Or. S � _ I ax�cpaA_BEq h7 ti 2 City or Virginia Beach -si9S OUR „we's vB/y .com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA REACH,VA 234569000 In Reply Refer to 0060079 )157)355-4551 FAX(757)355.5599 wsessemsevogo. om March 7, 2017 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: I. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to modify the lease with Wildlife Response, Inc. to extend certain constructions milestones. 2. Wildlife Response, Inc. has disclosed that TowneBank is a financial services provider with respect to this item. 3. I have a personal interest in TowneBank, which is located at 600 22' Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. JSi�nccee)rre �i�'Jely, V— `i ^ William D. Sess s Mayor W DS/RRI 79 Item-VI-J.9a ORDINANCES/RESOLUTIONS ITEM#66852 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE a temporary encroachment: a. BA YLAKE PROPERTIES, LLC - a portion of City property known as Lake Joyce and the 20'strip of City property adjacent to 4444 Shore Drive re pile piers and access walkways IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE a temporary encroachment for BAYLAKE PROPERTIES, LLC— into a portion of City property known as Lake Joyce and the 20'strip of City property adjacent to 4449 Shore Drive re pile piers and access walkways The following conditions shall be required: 1. It is expressly understood and agreed that the temporary encroachment will he 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, more particularly described as follows: 2. 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. 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 indemni, 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 7, 2017 80 Item-VI-J.9a ORDINANCES/RESOLUTIONS ITEM#66852 (Continued) 7. bis 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. 8. If the Grantee subdivides the property, the Grantee shall provide or cause the subsequent owner to provide, the insurance required in the preceding paragraph for each subdivided property should that property include one of the piers subject to this Agreement. 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 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 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. 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 Seventh day of March, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Shannon DS Kane March 7, 2017 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 JOYCE AND THE 20' STRIP OF 8 CITY PROPERTY TO THE REAR 9 OF 4444 SHORE DRIVE 10 11 12 WHEREAS, Baylake Properties, LLC, a Virginia limited liability company, 13 desires to construct and maintain eight(8)8'x 12'open pile timber piers and eight(8)4'x 14 6' access walkways within the City property known as Lake Joyce and the 20' strip of City 15 property around Lake Joyce adjacent to the rear of 4444 Shore Drive; and 16 17 WHEREAS, City Council is authorized pursuant to §15.2-2009 and §15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §15.2- 25 2009 and §15.2-2107, Code of Virginia, 1950, as amended Baylake Properties, LLC, its 26 heirs, assigns and successors in title are authorized to construct and maintain eight(8) 27 8' x 12' open pile piers and eight (8) 4' x 6' access walkways into existing City property 28 known as Lake Joyce and the 20' strip of City property around Lake Joyce, as shown on 29 the map entitled: "Exhibit A, ENCROACHMENT DRAWING EIGHT OPEN PILE TIMBER 30 PIERS IN LAKE JOYCE 24 JUNE 16 FOR BAYLAKE PROPERTIES LLC 4444 SHORE 31 DRIVE 23455 GPIN: 14797749120000 MAPBOOK: 104 — MAPBOOK PAGE: 0036 32 SUBDIVISION: SHORE DR LEGAL DESCRIPTION: BAYSIDE 7.808 AC B," dated 33 11/16/16 and prepared by Blakeway, a copy of which is attached hereto as Exhibit"A",and 34 on file in the Department of Public Works and to which reference is made for a more 35 particular description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the Agreement 39 between the City of Virginia Beach and Baylake Properties, LLC, (the "Agreement"), an 40 unexecuted copy of which has been presented to the Council in its agenda, and will be 41 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 42 Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Baylake Properties, LLC, and the City Manager or his authorized designee 48 execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th 51 day of March 2017. CA13630 R-1 PREPARED: 01/26/17 \\vbgov.com df sl\applications\citylawprod\cycom32\wpdacs\d025\p022\00346422 doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: dir PUBLIC O"S, REAL ESTATE s HARMEYER SENIOR CITY ATTORNEY 2 GPIN:14796888290000 tip,L.TH OF 'EXHIBIT A' NO SITUS ADDRESS MAPBOOK 010 .71 MAPBOOK PAGE:0107SUBDMSION: O� �4 ENCROACHMENT DRAWING PUMP STATION SITES ra EIGHT OPEN PILE TIMBER PIERS OWNER CITY OF VIRGIN/IA 11115/16 Z IN LAKE JOYCE GPIN:1479(i8056400W� 8 STEPHEN M.SLEVINS; 24 JUN 16 NO SITUS ADDRESS MAPBOOK 034 \o q No. 265 it 4 FOR MAPBOOK PAGE:0052 SUBDMSION& ••'s `T �7• 4...,� %4 BAYLAKE PROPERTIES LLC CHESAPEAKE BEACH OWNER: �P Ol G 4444 SHORE DRIVE 23455 JAM2264 GREENWELHARTZL •a M ZONAL'' GPIN: 14797749120000 2264 GREENWELL RD`- ' MAPBOOK: 104-MAPBOOK PAGE:0036 VIRGINIA BEACH,VA 23155 SUBDIVISION:SHORE DR GPIN.14798881040000 \ LEGAL DESCRIPTION:BAYSIDE 7.808 AC B 2258 GREENWELL RD MAPBOOK:0341 MAPBOOK PAGE:0052SUBDMSION: , o ,•..,�: Eight(8)open pile timber piers.Each Pier is 8.0'x 12.0' CHESAPEAKE BEACH OWNERJAM '[ i- ._,� with a 4.0'x6.0'access walk All piers are the same T.HARK NIr >' dimensions.The top of the pier shall be approximately 2258GREENWELL RD. • i=I 36"above OHW. VIRGINIA BEACH,VA 23455 oo �'� LAKE JOYCE GPIN: SCALE:1"=120'-0 -' (.' 15708024380000 ' J '01; IJ OWNER: •• ••• L." # , CITY OF VIRGINIA BEACH 0 so. 7 2w I/ PIER/,/�NOTE A ' LAKE JOYCE NOTE A: gI ,4'Q t / PIER,y=SIC* *, 20'Strip City Property,DB 1018,PG154; o'r .J PIER2 1 j MB 104—PG36&MB 10—PG 107 GPIN:14796892040000 7j.,INTO.,�- NO SINS ADDRESS MAPBOOK 034 •`4, p1 'f41i 2 �� MAPBOOK PAGE:0052 1_ ' • klr\ r atEtt 7 SUBDMSION:CHESAPEAKE BEACH ••s y ;I-..,2 OWNER:JAMES T.HARK Lr� o% NOTEA —SII 631701'E �GREE'IE.L RD. �� 1 �� 543TE 93.5'P VIRGINIA BEACH,VA 23455_ u ; : PIER4 PIER6, ✓ I \ 94.01'F I - ' xt PIER5 �f =v6 \ER8 1\ $ H \L \Ll- X56059'4 E a 4242 25.69'F g 'a$ LU -I 26.50' I I /� I t� _ ,. GPIN:1479679BI50000I r _ I I 2212 VANTAGE PT. , t SUITE 101 ` OM ER VANTAGE ht - '".;. • - L .$I APARTMENTS LLC I P.O.BOX 8815 VIRIGNIA1141 ' BEACH,VA234501 1 > GPIN:11797718110000 • MOB SHORE DR r -• [ SUBDMS oN:SHORE (r I iI 1 DRIVE Io`— j - j m OWNER:HOWARD SORRELL 708 CRYST $ VIRGINIA BAL AL W IM,VA I vim✓ 23151 OPIN:147972181100004460 SHORE = w — I OR SUBDIVISION:SHORE DRIVE • OWNERV BRIAR PATCH GEE LW NI P.O.BOX 5613 C - VIRGINIA BEACH,VA 23471 i. — s 74'37 25 W 520 02 15.01—BLAKK ---- _--- -- SHORE DRIVE mmnmaw VA rapt VIM WM 1^61,12.-Calnuan e ...mems 1 of 3 • GPIN:14796886290000 STH OFL p� NO SITUS ADDRESS MAPBOOK:010 'I' 'EXHIBIT A' MAPBOOK PAGE:01075 !VISION: ENCROACHMENT DRAWING PUMP STATION SITES WN :CITY OF p 1 v18n6 S EIGHT OPEN PILE TIMBER PIERS VIRGINIA 13,14" O STEPHEN M.BLEVINS IN LAKE JOYCE q .No. 265 C� 24JUN16 GPIN:14796885640000 P "J - 141 FOR NO SITUS ADDRESS MAPBOOK:03:1 O t o Av G BAYLAKE PROPERTIES LLC MAPBOOK PAGE:0052 SUBDIVISIOa• ~ JONAL 4444 SHORE DRIVE 23455 CHESAPEAKE BEACH GPIN: 14797749120000 OWNER: JAMES T.HARTZ- - - \ MAPBOOK: 104-MAPBOOK PAGE:0036 2264 GREENWELL RD. 1 SUBDIVISION:SHORE DR VIRGINIA BEACH,VA 234551 LEGAL DESCRIPTION:BAYSIDE 7.808 AC B GPIN:14796884040000 ':`‘\ 2258 GREENWELL RD 1 MAPBOOK:034 / ..,‘, MAPBOOK-PAGE-0052--I . � SCALE:1"=100'-0" SUBDIVISION:CHESAPEAKEI BEACH OWNER: / f,1' ■ ■ ■ IMINrilm JAMES T.HARTZ I/�'I 0 50' 75 100' 200' 300' 2258 GREENWELL RD. � � LAKE JOYCE VIRGINIA BEACH,VA 234551 /1 I,I NOTE A: I t4 -NOTEA S, 20'Strip City Property,DB 1018,PG154; PIER -9 C.7 MB 104—PG36&M8 10—PG 107 GPIN:14796892040000 t. A� o PIEBI-= A.. 1 NO SITUS ADDRESS . n PIER2 o x� mENSION=torGwNING MAPBOOK:034 LI' �A £s 1 or molt BNo ar PIER MAPBOOK PAGE:0052 Bi F A TPR R0" 1 OIPITO FROM BEGINNING 1 SUBDIVISION:CHESAPEAKE I I /� �, OF PIER TO PROPERTY UNE IER7 BEACH OWNER: 1 �F I � � �'NSy JAMES T.HARTZ I i MULCH WALKWAY 2264 GREENWELL RD. ' H�0 / L NOTEA— I TEE DETAIL VIRGINIA BEACH,VA 23455 7 "t5A l ' Iz ` ,4n r PIER 4 PIER 6 'e-k � Imo- �I\�h aPIER 8 IN ot. i M \ 9 �IERS i i q1 LA tri / oFIY,' 7 7 RST K 1 . GPIN:14796799450000 L v a � ,' / `� J 2212 VANTAGE PT. �0 \11 , 1 SUITE 101 SI 'II OWNER:VANTAGE oI� - I1-' I APARTMENTS LLC n 1 .� � P.O.BOX 8815 1 VIRIGNIA BEACH,VA / 44084PI8:SHE 8110000 R 23450 SUBDIVISION: SHORE DIVISION:SHORE DRIVE OWNER: PIER LAYOUT AND DIMENSIONAL DATA HOWARD SORRELL 709 CRYSTAL LN DIMENSIONAL DATA: PIER DIMENSIONS: VIRGINIA BEACH,VA frail 23451 A TO B=65.0' N TO P=69.T PIER 1:P.L.TO BEGINNING=31.0' P.L.TO END=47.25' ATO E=44.5' RTO =70.8' PIER 2:P.L.TO BEGINNING=18.2' P.L.TO END=34.2' D D TOE=44.5' RTOS=51.1.1' PIER 3:P.L.TO BEGINNING=16.2' P.L.TO END=34.2' D TO F=49.1' S TOT=49.6' PIER 4:P.L.TO BEGINNING=29.4' P.L.TO END=43.65' G TO H=84.9' U TO V=85.3' PIER 5:P.L.TO BEGINNING=29.8' P.L.TO END=45.15' GTOJ=82.2' VTOW=84.7' PIER 6:P.L.TO BEGINNING=19.0' P.L.TO END=33.1' BLAKEWAY K TO L=46.4' X TOY=38.6' PIER 7:P.L.TO BEGINNING=22.3' P.L.TO END=36.4' „7.13134.13ECECO L TO M=48.5' YTOZ=33.6 PIER 8:P.L.TO BEGINNING=8.3' P.L.TO END=22.3' 2 of 3 'EXHIBIT A' ENCROACHMENT DRAWING EIGHT OPEN PILE TIMBER PIERS IN LAKE JOYCE —PROVIDE 24'APRON IF 24 JUN 16 II TIMBER 15 OMITTED _ 4`7• FOR BAYLAKE PROPERTIES LLC 3"/a°TIMBER POST 4444 SHORE DRIVE 23455 NOT MILLED (OPTIONAL) GPIN: 14797749120000 Fr OF HARDWOOD MULCH(SHREDDED) MAPBOOK: 104- MAPBOOK PAGE:0036 :hximrrrdWax,;;Sk.— SUBDIVISION:SHORE DR - - - - r - LEGAL DESCRIPTION:BAYSIDE 7.808 AC B WOVEN FILTERj3lf CLOTHLOTH COMPACTED SUBGRADE -#4 EPDXY COATED REBAR X 24" 4-0'o/c -MIN. 3 PER PC. 0 P 4' 8' MULCH WALKWAY DETAIL SCALE:3/8"=1'-0" o -- o -9 1 L PIER SF = 120 - 121-0" 2 Q 1 1 STH op 1., % 4'-0" 4'-0" 4'-0" H o ' 11/16/16 0 STEPHEN M.6LEVINS 5 C1 49+ Ne.� 265 K 1 �i r TYPICAL TIMBER PIER yw�Nr C' DIMENSIONS 0 E: 4' 6 8' 16' ::ill!!! SCALE:1"=6'-0" Eight (8) open pile timber piers . Each Pier is 8.0' rigS x 12.0' with a 4.0' x 6.0' access walk.All piers are the same dimensions.The top of the pier shall be BLAKEWAY approximately 36" above OHW.The piers are PAVA WIGS constructed with 8" timber piles, 2 x 8" timber framing and 2" x 6" timber decking. 3 of 3 v 604\ o� Ill A „, cA0, 0.013 a71 0 . ..., " 0 . .3,-11s14\N�� rn t„. ., c (fav 0 m m c� . r 1 N 0 c c N v a 0 m o ci o n 1 wwww / 11 w ld 3cJtliN,1 -- N O0011 V --.\ / 0 0 V*OILL * \ 1,w n _ .` ----1 0 0 „, cl 5.1 , 'c2 Y -1411 rktC '\)o ! � �na0° c3\ 0\:301 1 rIco4,1 o no �x � • Ili ‘. .) 0 01 N o n �` CD n CD Z D z r D Dr o ii � rD O �00 � D O VII 8 o o o —DZ � rn OCD Nn � • 'm5• �cjoi000rn0 a^ o4 co r- - D> m ZZo :- 1 0 CO 7J x E 0 ..660 / • 0 it 6' OA 0 .71 C 0O N m -a c� 0r cn O41S .M V C7 —I .�/ '<> 0 2 VT X n _ ,,, PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this Nritday of FEdt os*e9 , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BAYLAKE PROPERTIES, LLC, a Virginia limited liability company, 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 "PARCEL 'A' GPIN 1479-77-4912 AREA = 309,936 SF OR 7.115 AC"; as shown on that certain plat entitled: "SUBDIVISION OF BAYVILLE AT LAKE JOYCE (MB 104, PG 36) VIRGINIA BEACH, VIRGINIA" January 6, 2016 SCALE 1"=50', prepared by MSA, P.C., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20160705000573410, and being further designated, known, and described as 4444 Shore Drive, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain eight 8' x 12' open pile timber piers and eight 4' x 6' access walkways, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438- (CITY PROPERTY- Lake Joyce/20' Strip of Land) 1479-77-4912; (4444 Shore Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce, 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 DRAWING EIGHT OPEN PILE TIMBER PIERS IN LAKE JOYCE 24 JUN 16 FOR BAYLAKE PROPERTIES LLC 4444 SHORE DRIVE 23455 GPIN: 14797749120000 MAPBOOK: 104 — MAPBOOK PAGE: 0036 SUBDIVISION: SHORE DR LEGAL DESCRIPTION: BAYSIDE 7.808 AC B," dated 11/16/16 and prepared by Blakeway, 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 2 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. 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 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 3 a 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. If the Grantee subdivides the property, the Grantee shall provide the insurance or cause the subsequent owner to provide the insurance required in the preceding paragraph for each subdivided property should that property include one of the piers that are subject to this Agreement. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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. 4 IN WITNESS WHEREOF, the said Baylake Properties, LLC., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by, Steven W. Bishard, President of Bishard Development Corporation, Manager of Baylake Properties, LLC., who has 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. Remainder of page 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 , 2017, 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 , 2017, 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 BAYLAKE PROPERTIES, LLC, a Virginia limited liability company BY: BISHARD DEVELOPMENT CORPORATION a Virginia corporation, Manager of Baylake Properties LLC, By 4bta EAL) Steven W. Bishard, President of Bishard Development Corporation STATE OF Vnod CITY/COUNTY OF 1 1(3i nai n&c , to-wit: The foregoing instrument was acknowledged before me this 141A^ day of fivbrn,ovt ) , 2017, by Steven W. Bishard, President of Bishard Development Corporation, a Virginia corporation, Manager of Baylake Properties, LLC, a Virginia limited liability company. l.W} 9MdJ44 (SEAL) Notary Public 0 Notary Registration Number: a5tp01S5 My Commission Expires: (11,t815‘--31 rip 11 - - - - - MELONIE MCHUGH Notary Public 1 Commonwealth of Wgfrau 256255 My Comminion Expires Aug 31,2017 1 feweeemmenewepernern7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM A RE DANA RM YER R CITY ATTORNEY Ft tea 0 ea DEPARTMENT 8 GPw:14798886290060 NO SINS ADDRESS MAPBOOK:010 �4 ALTA OF 'EXHIBIT A' MAPBOOK PAGE:0107SUBDMSION: Oa T'4 ENCROACHMENT DRAWING PUMP STATION SITES . C,. EIGHT OPEN PILE TIMBER PIERS OWNER CITYOFVIRGINLA 11716/16 IN LAKE JOYCEs 8 STEPHEN M.BIEVINS 24 JUN 16 GPw:19798886810000' . .No. 263 NDsrN5 ADDRESS MAPBO00:034-i \a 'IA 1J x FOR MAPBOOK PAGE 0052SUBDMSKNd4, 9. "� �� - BAYLAKE PROPERTIES LLC CHESAPEAKE JAMES T. TZ OWNER: I Qa • 'k NWW-11;25 p 4444 GPIN:H4797DRIVE 74 1200005 2264GREENVEIE , MA PBOOK:104-MAP BOOK PAGE:0036 VIRGINIA BEACH,VA 23455 1SUBDIVISION:SHORE DR LEGAL DESCRIPTION:ESCRIPTION:BAYSIDE 7.808 AC B 7758 GREENWELL RD MAPBOOK03aI ', MAPBOOKPAGE 0052 SUBOMSION:, 0 ,\': Eight(8)open pile timber piers.Each Pier is 8.0'x 12.0' CHESAPEAKE BEACH DARER: � ojSE .j, with a 4.0'x6.0'access walk.All piers are the same T.MRTZ _ _ dimensions.The top of the pier shall be approximately 7158 GREENWFll FO, 36"above OHW. VIRGINIA BEACH,VA 23455 o o/ J" LAKE JOYCE GPIN: SCALE:1"=120'-0 ''15708024380000 X91 OWNER: •• •••m mi • • • 5I # CITY OF VIRGINIA BEACH 0 s075 IX' 200 300 NOTEA q/ PIER cy' _� LAKE JOYCE NOTEA: I Pic � lY � PIER. =qty ; / 20'StripCity Property,DB 1019,PG154; o PIER:14796892040000 �e,7 1�� MB 104—PG36&MB 10—PG107 NO SINS ADDRESS SOCK:034 1 j 1,as9ta 7 .ice( ; r MAFBOOKPAGE:0052 _ i rel; MER7 SUBDMSION:CHESAPEAKE BEACH —I Tiff -y� OWNER:JUNES T.HAATZ I_r— + 4 Sf/ NOTE A --R�otit'`\'''*‘in 2264GREENA'ELL RD. QM:t y�" Sl' VAGINA BEACH,VA 73485 - L mg. PIER PIER 6i. V\24 EE 93.5'P 1 _ ,..7t z. b PIER 8 j• X13 PIERS • '•. 1 Fr; J -\ ,,f �'mn �SvT� l J 26.50'P NI__— GP13:11796789450000 \ �O 2212 VANTAGE PT. , 1 — SUITE 101 _ I I�dI OWNER VANTAGE 1. -- '. 1~I APARTMENTS ILC ! P.0.13088815 WRIGNIA --- _ SI BEACH,VA23450 ifsli I I �. w, 000 SPIN:14797716110 IH - N SHOREDR ,2 J DRIVE isI^ OWNER HOWARD j �S -r6 / E. I� SORRELL I a 709 CRYSTAL IN -\.\_. i I.� 7. $ MRG73157NIABEACAI,VA zLi G147977161100004450 SHORE v - -- N PBkC_ DRSUBDMSION:SHOREDRLVE a I 'I r .—N; N — P OWNER v BRIAR PATCH GEE LLC I P.O.BOX 5613 1- —_ �I i VIRGINIA BEACH,VA 23471 ' ' ___ 1 s7n22s°w 520 02' _____1so�aLAKEWAY OR SHORE DRIVE TM PLIBMISIBICEM ww ase 1 of 3 4 GPIN:14796886290000 11TH OFL NO SITUS ADDRESS MAPBOOK:0109? 'EXHIBIT A' MAPBOOK PAGE:0107 [VISION: - 11/16/16 - ENCROACHMENT DRAWING PUMP STATION SITES W :CITY OF Yj EIGHT OPEN PILE TIMBER PIERS EA VIRGINIA BCH STEPHEN M.BLEVINS IN LAKE JOYCE q No.� 265 q 24JUN16 GPIN:14796885640000 'P �4�1�� ". FOR NO SITUS ADDRESS MAPBOOK:03\4 0 S 'W C. BAYLAKE PROPERTIES LLC MAPBOOK PAGE:0052 SUBDIVISIOa• TONAL '.' ' 4444 SHORE DRIVE 23455 CHESAPEAKE BEACH GPIN:14797749120000 OWNER: JAMES T.-HARTZ.- - — MAPBOOK:104-MAPBOOK PAGE:0036 2264 GREENWELL RD. I F, SUBDIVISION:SHORE DR VIRGINIA BEACH,VA 234551 LEGAL DESCRIPTION:BAYSIDE 7.808 AC B GPIN:14796884040000 2258 GREENWELL RD \� MAPBOOK:034 i' / \'- MAPBOOKPAGEtOOfl 1I - _ - SCALE:1'=100b" SUBDIVISION:CHESAPEAKE] c BEACH OWNER: L' ■ ■ ■ Mi ma JAMES T.HARTZ '/ 0 50' 75' 100' 200 300 2258 GREENWELL RD. LAKE JOYCE VIRGINIA BEACH,VA 234551 J IJ NOTE A: r ' to -NOTE A a, 20'Strip City Property,DB 10118,PGi54; PIER .q,'' 9 C.� MB 104-PG36&MB 10-PG 107 GPIN:14796892040000 l_ 4 b PIER.4_1- .Airy, // NOSRUSADDRESS '� . ; ,PIER24°;=�.-�:.. / �rOIM£NSION FROM BEGINNING MAPBOOK:034 B .� r ' 6 - / 'I OF PIER TO END OF PIER MAPBOOK PAGE:0052 I `� p _`19 e'I J ',i / DIMENSION FROMstGINNmc 1I SUBDIVISION:CHESAPEAKE I I �I'� OF PIER TO PROPERTY UNE- Z ..gIER7 BEACH OWNER: I v ./I r \ 7, .\V_ JAMES T.HARrZ 0 4, 'MULCH WLII[WAY 2264 GREENWELL RD. I H J / L NOTE A :SEE DUAL VIRGINIA BEACH,VA 23455 - ' • \ „N15 i°�/ l\\ I • PIER 4 PIER 60. / L '\ k•PIER8 a i m,\ qA,<,CPIER 5 •7 • t �e- • ' $r K ' GPIN:14796799450000 1� I ° �v 7� I� 2212 VANTAGE PT. i �'0 \ SUITE 101 1Q� �/• _ - 'I OWNER:VANTAGE a' -' /�� APARTMENTS LLC ol_ ' P.O.BOX 8815 ' ' VIRIGNIA BEACH,VA / . / BPIN:14797716110000 4408 SHORE OR 23450 SUBDIVISION:SHORE DRIVE OWNER: PIER LAYOUT AND DIMENSIONAL DATA HOWARD SORRELL 709 CRYSTAL LN DIMENSIONAL DATA: PIER DIMENSIONS: VIRGINIA BEACH,VA A TO B65.0' N TO PIER 1:P.L.TO BEGINNING=31.0' P.L.TO END=47.25' 23451 Pal = A TOE=44.5' N TO Q= 1PIER 2:P.L.TO BEGINNING=18.2' P.L TO END=34.1' . A TO C=60.1' R TO 5=51.1..'' PIER 2:P.L.TO BEGINNING=18.2' P.L.TO END=34.2' D TO F=49.1' S TO T=49.6' PIER 4:P.L.TO BEGINNING=29.4' P.L.TO END=43.65' G TO H=84.9' U TO V=85.3' PIER 5:P.L.TO BEGINNING=29.8' P.L.TO END=45.15: G TO1=82.2' VTOW=84.7' PIER 6:P.L.TO BEGINNING=19.0' P.L.TO END=33.1' BLAKEWAY K TO L=46.4' X TOY=38.6' PIER 7:P.L.TO BEGINNING=22.3' P.L.TO END=36.4' 1 TOM=48.5' YTOZ-33.6' PIER 8:P.L.TOBEGiNNING=8.3' P.L.TO END=22,3' ^_ _ alar..." 2 of 3 'EXHIBIT A' ENCROACHMENT DRAWING EIGHT OPEN PILE TIMBER PIERS IN LAKE JOYCE -PROVIDE 24"APRON IF 241UN 16 ', TIMBER IS OMITTED FOR BAYLAKE PROPERTIES LLC & /4"TIMBER POST 4444 SHORE DRIVE 23455 NOT MILLED (OPTIONAL) GPIN: 14797749120000 73-OF HARDWOOD MULCH(SHREDDED) MAPBOOK: 104-MAPBOOK PAGE:0036 SUBDIVISION:SHORE DR LEGAL DESCRIPTION:BAYSIDE 7.808 AC B WOVEN FILTER CLOTH COMPACTED SUBGRADE \-N4 EPDXY COATED REBAR X 24" 4'-0"o/c -MIN. 3 PER PC. 0 1' 4' 8' MULCH WALKWAY DETAIL SCALE:3/8"=1'-0" Q PIER SF = 120 0 12'-0" ao O— 0 �Ept"TH op . 4-0" 4-0" 4-0",� o 1-"" i 11/16/16 'k 0 STEPHEN M.BLEVINS)' No. 265 265 C 'wrr %v O TYPICAL TIMBER PIER "woxA#o DIMENSIONS 16' go'-0" Eight h[ (8) open pile timber piers . Each Pier is 8.0' x 12.0' with a 4.0' x 6.0' access walk.All piers are the same dimensions.The top of the pier shall be BLAKEWAY approximately 36" above OHW.The piers are ,o�"m�. constructed with 8" timber piles, 2 x 8" timber framing and 2" x 6" timber decking. 3 of 3 GoA BE4 Oc t City of Virginia Beach u D Q r qkg e OUR NO"' V[Ser..mm WILLIAM D SESSOMS.JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 In Reply Refer to 0060077 0571385-4581 FAX{7571385-5699 wsessoms @vbgovrom March 7, 2017 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 an ordinance to authorize temporary encroachments into a portion of City property known as Lake Joyce and the 20 foot strip of City property adjacent to the rear of 4444 Shore Drive. 3. Baylake Properties, LLC requested the encroachment and has disclosed that 'fowneBank is a financial services provider with respect to this item. 3. I have a personal interest in TowneBank, which is located at 600 22"0 Street in Virginia Beach,and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. SSiinnnccenrrellye, (//A City D. Sess s Mayor WDS/RRI 81 Item-VI-J.9b ORDINANCES/RESOLUTIONS ITEM#66853 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachment: b. OCEANA DEVELOPMENT, LLC - a portion of City property known as Canal #2 at Progress Lane to install a storm drainage pipe IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachment for OCEANA DEVELOPMENT, LLC — into a portion of City property known as Canal#2 at Progress Lane to install a storm drainage pipe The following conditions shall be required: 1. 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: 2. 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. The Grantee shall bear all costs and expenses of such removal 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. 7. It is further expressly understood and agreement that the temporary encroachment is subject to the requirements and restrictions provided by the 1985 Canal #2 Coordination Agreement between the City and the U.S. Army Corps of Engineers (USACE). If the City receives notice from the USACE that the temporary encroachment violates the 1985 Canal#2 Coordination Agreement, the permission to install and maintain such pipe shall be immediately revoked. The requirement to remove such temporary encroachment will he subject to the determination of the City and the USACE as to the appropriate remedial measure to correct any violation of the 1985 Canal Coordination Agreement. March 7, 2017 82 Item -VI-J.96 ORDINANCES/RESOLUTIONS ITEM#66853 (Continued) 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. 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 Seventh day of March, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY PROPERTY KNOWN 6 AS CANAL #2, LOCATED AT THE REAR 7 OF PROGRESS LANE 8 9 WHEREAS, Oceana Development LLC, a Virginia limited liability company, 10 desires to install and maintain a 30"storm drainage pipe within the City property known as 11 Canal #2; and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 15 the 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- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Oceana Development LLC, its 22 assigns and successors in title are authorized to install and maintain a 30" storm drainage 23 pipe in the City's property known as Canal#2 as shown on the map entitled: "EXHIBIT A 24 FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — 25 VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA 26 DEVELOPMENT LLC," prepared by NDI, Engineering Company, a copy of which is 27 attached hereto as Exhibit "A", and on file in the Department of Public Works and to which 28 reference is made for a more particular description; 29 30 BE IT FURTHER ORDAINED,that the temporary encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the City 32 of Virginia Beach and Oceana Development LLC, (the"Agreement"),an unexecuted copy 33 of which has been presented to the Council in its agenda, and will be recorded among the 34 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; 38 39 BE IT FURTHER ORDAINED,that the permission to install and maintain the 40 30"storm drainage pipe provided herein,and further described in the Agreement, is subject 41 to the 1985 Canal#2 Coordination Agreement between the City and the U.S. Army Corps 42 of Engineers. If the City receives notice from the U.S. Army Corps of Engineers that the 43 30" storm drainage pipe violates the 1985 Canal #2 Coordination Agreement, the 44 permission to install and maintain such pipe shall be immediately revoked; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Oceana Development LLC, and the City Manager or his authorized designee 47 executes the Agreement. 48 7th 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of March 2017. CA13849 R-1 PREPARED: 02/27/17 \\vbgov.comdist\applications\ciMawprod\cycom32\wpdocs\d027\p025\00353283 doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: )41 . A PU=LIC OR S, REAL ESTATE C ATTaR Y 2 ki N �W 4 r4 _i 11 r. ! P M 1 $ o I sFE SS 'Ill I r r 1 n r aur , r ©d it • w lir! I1 111:4'x1li Copyr-ght ADC The Mop People Permitted 'J=_e Na. 205'1186. LOCATION MAP SCALE. 1" = 1000' EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE, AS NOTED OCTOBER 31, 2016 APPLICANT. OCEANA DEVELOPMENT LLC NM ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION r NCINFERs-SURVEYORS-PLANNERS 572 CENTRAL D.RI'VE. SU17E 773. 'VIRGINIA REACH, b1RCINIA 234`,4 RHONE (757) 437-2177 FA (757) 431-2775 SHEET 1 Or 4 O. W657 MATcFuE 9F�f 3 ° \. 7 -� -- \ ,mow„_ 1 o e :f _ c h /• y4 � ,A. roil r rr rsI0 3 ff, 4 v 8P,o iII OW 011.Y -•� 1 NOW OR FORMERLY s� I �> 489 PROGRESS LANE. LLC ill ...Ho No E V IN 20120105000018070 O \dI U - 2 -Ss_r- y, -� GPI LBIP PHASE-6277 n II �N¢ E PARCEL 1-B 1111 -nx b _ ZONED'. -1 d _iF- e ----- - i-9- ' µ/ 11 rim 11.4' I Inv Sfr5 Cb 11 ' V '9' 1m 19 mo ' oj b - Inv 98 we . n HIIn wOI U` UO 11 Qo � I �o o yy J1 ,�o I W< m_ D. (neo >N Nz Iry o (YINry 0I Co 40 0 40 80 Ieet OIz u — diO CV GRAPHIC SCALE 1 mz EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH - VIRGINIA SCALE. AS NOTED OCTOBER 31, 2016 APPLICANT; OCEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION EVC P;E_EPS-SUR VE Y0 25-Ri A^NNLPS 1,IIRAL v 501IL !OS l N NIA BEAT /H N..A. 2J454 tiCNF: 4S1-7'// .-I/: :et) c 7!L5 SHEET 2 OF 4 W657 T 4. 02> ..---s\- / •50�� /I 2 , / / ,S�oRM. , 't / / >� �Ep 3o E 655 �' / / Now Op OR'MERLY /V C?0 p1P - OCEANA D LOPMENT, LLC 9RN1N G cPl aP AS Voot ` � 11 I,Ny20122EDA40 r 0' �/ / PARCEL � -c-------• / � N' / A / / / /: I A 7 0., c 1 \ ,k,- ,I w JLD r �y e < y 9 NOWFORMERLY ° S� / 489 PROGRESS LANE, LLC T 0- GPIN1497-60-6277 LAIR PHASE 1 / PARCEL IN 2020105000018070 ^ '� � \ ZONED: I-1 MATCFLtE a$T 2 '---, _ _P�9�6.-_ Aa.. 40 0 40 80 Beet L. I EXHIBIT A GRAP,.4iC SCALL FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT OCEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION ENGINEERS-S'JR'✓E MGRS-lo;A"JNERS 5/t 1T..Ai uw ✓F S 'iiE 'G3 P� 1L.' A r a ./N/A 23454 P GNE ,777) 43I-21/ Ak: I!5% 3 21/E SHEE- 3 GE 4 40 4 0 RC 04 NOW OR FORMERLY CITY OF VB GRIN 1497-60-0721 NO PLAT REF-CITY RECORDS ZONED: R10 CEPA WAS ESTABLISHED LONDON MIDGE INDUSTRIAL PARK.BUFFER MW LONDON PLANS. DSC FILE D0l-3464. Eov d -oo" PWPR- o S re gi �„ „.„,c2\4awe 30 565 5 POO APE / P P RP�NP „66--- J m NOW OR FORMEB O CITY O H o, . Pp101 CRINAN3,O PG 40 9 0-1468 6 ANAL NO. 2 PLAT 9y0 / L ( ;oe " � � MB V L. a M.TCH Ite Olt 3 ZONED: R10 Bc. EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: ECEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION ENUINFFRS-SURVEYORS FINNEPS 12H RAL c! ✓ SU/T IU3 F A R 43'NVA 23494 BE 9NF ( .) 437-217 (757) 471 2175 SNE-T 4 OF 4 y- &az:: ' cw ca r1 ❑ r U v� z _� N t, i O��1�}3 ' ° x NE �, J a 3 I ` L 9. LJ I :nil W H a] O - 4. w L� O a ti- � r `- - 'N n al • D ice• mLiii d a Lij W Z C 09 Q nr"'''' /4-7-7-c-13:_\°''s-- Lle a Aii/ - z ITIV...rt;;'‘AP*-5) .---;:V.--,-1 1,1Ir ''. 09:-/ .6.` m i<9 6-'6 m ,, m ic, r, GNE a `� ,� �1 � ❑ - J ', ,� WC Q W W o) O owc �'4 `�� UU p6Z , • Oyu pQ _ o N it Vailia �/........„ ..,,,,,,,,,,,,,,`' III o z ,G <- ._.} U O z ate. a N .o - -- i . . A CAT? tiro U W CL C7 0 ii_ "ir 1 ligni Z 0 LJ r `~ SLLI O � � � IV Ott 6OOK° , i ft N i 111111/. (3 4411114rir141 H ,i - Mir \II *.. ,. la, a 00 LSI 0 . - lar,o4C-4. W17 aa)i pi \1t SS�2JeOad Oicilliii...d Er: Q 11 „ 7 cci V) i / ' *L-----___ ir---1r N r w *_lpf O �' I\ ,a �r i f____________ " \ - , \-\ 9Z _ N N `\ VIKING DR o m co a U •Z O o Iii a K GE RD771 L_ rn 0 / A,Il ,,, J _ O • m LYNNHAVEN PINI _ LYNNHAVEN PKWY _ o rn (D c w L�NNNPJENRDIIIIIL r ^'r _ U d 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 a STMday of foe it,v4t , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEANA DEVELOPMENT, LLC, a Virginia limited liability company, 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 "PARCEL A-1, LONDON BRIDGE INDUSTRIAL PARK" as shown on that certain plat entitled: "RESUBDIVISON OF PARCEL 1-A LONDON BRIDGE INDUSTRIAL PARK (RESIDUAL AREA) PHASE V (IN 20090204000110560) AND PROPERTY OF OCEANA DEVELOPMENT, LLC (IN 200409240152551) VIRGINIA BEACH, VIRGINIA" Scale: 1"= 60', dated November 15, 2011, prepared by NDI, LLC., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20120105000018070, and being further designated, known, and described as Progress Lane, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to install and maintain a 30" storm drainage pipe, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1497-60-1468 (CITY PROPERTY— CANAL #2) 1497-61-7001 (Progress Lane) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Canal #2, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. WHEREAS, the Canal #2 area is the subject of a 1985 Canal #2 Coordination Agreement between the City and the U.S. Army Corps of Engineers. 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 FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC," prepared by NDI, Engineering Company, 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 2 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. 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 agreement that the Temporary Encroachment is subject to the requirements and restrictions provided by the 1985 Canal #2 Coordination Agreement between the City and the U.S. Army Corps of Engineers (USACE). If the City receives notice from the USACE that the Temporary Encroachment violates the 1985 Canal #2 Coordination Agreement, the permission to 3 install and maintain such pipe shah be immediately revoked. The requirement to remove such Temporary Encroachment will be subject to the determination of the City and the USACE as to the appropriate remedial measure to correct any violation of the 1985 Canal Coordination Agreement. 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. 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. 4 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 Oceana Development, LLC, a Virginia limited liability company, has caused this Agreement to be executed by Jerrold L. Miller, Manager of Oceana Development, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 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 , 2017, 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 , 2017, 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 Oceana Development, LLC, a Virginia limited liability company By IY"" (SEAL) Je ro L. Miller, Manager STATE OF Vrflip ' 'M CITY/COUNTY OF V r rq,r-„auCF;fo-wit: The foregoing instrument was acknowledged before me this 2•. day of c\'x. , 2017 by Jerrold L. Miller, Manager of Oceana Development, LLC, a dp Virginia limited liability company. 1rsA,j1 (SEAL) ) 'iVirkPublic /)� + Catherine Nasello-Law Notary Registration Number: Zj I commonwettlmorVirginia My Commission Expires: 1�o °r Notary No.l 2.O le. e y' commission No.199991 My commrssinr.e,neu 4r30n020 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM • _ ATUr • •rrt 44 -.. / A / 7 I EPARTMENT 7 : ° „i*E 'et—&4,l :7r1:1141,17:11cIll �! , EE oxr mi�(a • 4A1 it • F$.% ' " G .Ifii 'F it Ali, k a . Ilia . 11441iiiia cospc-. ACC the Mcp People Fe-rrl-tec Use No. 20511186. LOCATION MAP SCALE: 1" = 1000' EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALD AS NOTED OCTOBER 31, 2016 APPLICANT' OCEANA DEVELOPMENT LLC NDI ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION LN'G1NEFRc_SUR'iFYORS-PIANNERS 5 7 ,TA..A1 C� S "- L^3 VR ^i Li BEA F ✓r. ifJ;A 23454 Y ' DNC /' 4 43?-2177 FAY: !7Y7j 431 2175 — SI EF _r 4 wEs7 MATCFLI�E SHEET 3 _ A\�//J y - ` pn._� r i -- , \ iso'. 0 0kr . '`,F-02l i NOW OR FORMERLY o 9 PROGRESS LANE, 46GPINLB14 PE ASE 86277 LLC "\m� _ 8 li ill��'ry __-[a:'.,_ti___, i *' PARC L IN 20120105000018070 </ ,L �I:LJ Z_ I ZONED: I-1 1�6 y 1111 I " N IS1111 : / Fr 8 II cb 49 nv '555 7. 0, cb 14 pio 0I E-)61ro• i rim IR4F No 17 �/ h f, inv 548 "'n ywn .i WIIN y II ro Vo I Zia z am il ii �IV1 UNOmN mN. W - nN I-o zoJWi!o 1-o 1 .I,v N 01 o0 40 0 40 80 fee± C/a m'r° c. _ etc.; a GRAPHIC SCA' E "' EXHIBIT A FOR SANJO CORTE FIND FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH - VIRGINIA SCALE: AS NOTED 2CTOBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION f E!7S-Aider✓OR�-ai A!!I!;Iu c 5,- TRAJ OF vF S I_C 103 IRS N/A CEAC� 23454 0HO.E (:57) 431-2'77 FAX /757, 4 2775 - 22IEF1 2 Or 4 d. W657 T - 2\- 1 ------ N 2ND .------- / / S,�GRM / 5- � _ 5C 6 ' / / NOW OR FORMERLY 1.„....- 0:40S.,NCE g\V , / � / OCEANA p 497-6�7001LLc FL L@IP PHAS qV p / / INJ201201�E Jiip � i� �/ ZL:TED: 1 y' / SII r' C' / 3 y I A /L / i /� m�\\, - iy Ty J 1✓ J ", H9-SUI. r> � 9 \ r ' 4 #NOW OR FORMERLY !� � ✓ 489 PROGRESS LANE. LLC Z GRIN- 1497-60-6277 " ' \ 1 LBIP PHASE V PARCEL 1-B IN 20120105000018070 NZONED:0 _I-1 MICI - _ZA- Nj �4% 40 80 Ro, .- L- � I -- EXHIBIT A xxxxxrc sc Lr FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH - VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: HCEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION PS-SUR✓ J � 1 d."JNCRS ri-c 2 -'m :.� O �0? VA BEA H M1VS 2;454 .E 47'-// td- (757431 .2775 EHLET 3 CI L 4P C 90 FO ('cat — ,ter,_ GR4PHIC SC4i F NOW OR FORMERLY "' CITY OF VB GPIN 1497-60-0721 NO PLAT REF-CITY RECORDS ZONED: R10 •CORA PARK.BUFTIR WAS SRED MTH LONDON BRIDGE INDUSTRIAL PHASE PLANS. SC FILE /�O7-3464. �" TO(- t N P / L wore. y SjORM * " De / 30 y55 ,d`i "-oo, / Opo p7P A. R POE �� ORP�N �° NOW OR FORME y.r C'aTB / CITY 0 B Own �NNON _ "� GPIN�497-60-1468 p ,OANAL 340. 2 PLAT ?O3 (S / Y�e Lro / MB 173, PG 47 ¢5 _,yam i MAT0HuEX73 ZONED: R10 _,,,,,...i 06 1 EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANIA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION ANG, -- —S&RVEY7,RS A.NPEPC 57l L'4m , nC:, :A BEA � 23454 –277/ °AX•• •/57, 431 i r_- SHEET 4 OF 4 83 Item -VI-J.IO ORDINANCES/RESOLUTIONS ITEM#66854 Reid Greenman,feels the last Resolution adopted regarding this item and this proposed Ordinance are confusing. He feels all the taxes collected for Light Rail should be placed in this fund and not just the $14-Million. Upon motion by Councilman Moss, seconded by Vice Mayor Jones, City Council ADOPTED, Ordinance to APPROPRIATE$14,976,969 of the Multi-Modal Fund re Norfolk-Southern Right-of Way Acquisition Refund Account Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE MULTI-MODAL FUND TO THE CITY COUNCIL 3 NORFOLK-SOUTHERN RIGHT-OF-WAY ACQUISITION 4 REFUND ACCOUNT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $14,976,969 in fund balance of the Multi-Modal Fund is hereby 10 appropriated, with revenues increased accordingly, to the City Council Norfolk-Southern 11 Right-of-Way Acquisition Refund Account. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of March 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David A. Bradley Dna R. a r yer Budget and Management Services City Attorney's Office CA13947 R-1 February 24, 2017 84 Item -VI-J.11 a ORDINANCES/RESOLUTIONS ITEM#66855 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, /II CONSENT, Ordinances to ACCEPT and APPROPRIATE Grant Funds from the Virginia Department of Emergency Management: a. $10,000 to the Office of Emergency Management re: capabilities and training for the Citizen's Emergency Response Team Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF EMERGENCY MANAGEMENT TO THE FY 2016-17 4 OPERATING BUDGET OF THE OFFICE OF EMERGENCY 5 MANAGEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That a grant totaling $10,000 from the Virginia Department of Emergency 11 Management's FY 2016 State Homeland Security Grant Program is hereby accepted 12 and appropriated, with estimated federal revenue increased accordingly, to the FY 13 2016-17 Operating Budget of the Office of Emergency Management to enhance the 14 capabilities and provided training for the Citizens Emergency Response Team. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of March , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David A. Bradley / a- . - 0!rmeyer Budget and Management Services City Attorney's Office CA13945 R-1 February 22, 2017 85 Item-VIJ.11b ORDINANCES/RESOLUTIONS ITEM#66856 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and APPROPRIATE Grant Funds from the Virginia Department of Emergency Management: h. $49,151 to the Virginia Task Force 2 Urban Search and Rescue Team (FEMA)re communication equipment Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO THE VIRGINIA TASK 4 FORCE 2 URBAN SEARCH AND RESCUE TEAM 5 FOR THE PURCHASE AND MAINTENANCE OF 6 COMMUNICATION EQUIPMENT 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $49,151 is hereby accepted from the Federal Emergency Management 12 Agency of the U. S. Department of Homeland Security and appropriated, with federal 13 revenue increased accordingly, to the FY 2017-18 Operating Budget of the Fire 14 Department for operating costs of the Virginia Task Force 2 Urban Search and Rescue 15 Team to include the purchase and maintenance of communications equipment. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of March , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: if David Bradley lana Harm yer Budget and Management Services City Attorney's Office CA13928 R-2 February 27, 2017 86 Item—VI-K PLANNING ITEM#66857 1. ELBOW ROAD INVESTMENTS,LLC VARIANCE 2. RIVER CITY RECOVERY,LLC MODIFICATION OF CONDITIONS 3. CENTRAL DRIVE MINI STORAGE,INC. MODIFICATION OF PROFFERS 4. THE BUNNY HUTCH,INC CONDITIONAL USE PERMIT 5. SMARTMOUTH BREWING CO.,LLC CONDITIONAL USE PERMIT 6. MCDONALD GARDEN MARKET,LLC CONDITIONAL USE PERMIT 7. CITY OF VIRGINIA BEACH ALTERNATIVE COMPLIANCE FOR PARKING COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCIL LADY WILSON FILED DISCLOSURE ON ITEM#5 ITEM#7 WILL BE CONSIDERED SEPARATELY March 7, 2017 87 Item -VI-K PLANNING ITEM#66858 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items I,2, 3, 5 and 6 of the PLANNING AGENDA Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 88 Item—VI-K.1 PLANNING ITEM#66859 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of ELBOW ROAD INVESTMENTS, LLC and LYMANSTUART CLARKEfor a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 4261 Elbow Road and a parcel at the Eastern corner of the intersection with Indian River Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ELBOW ROAD INVESTMENTS, LLC and LYMAN STUART CLARKE for a Variance to Section 4.4 (b)of the Subdivision Regulations re lot width at 4261 Elbow Road and a parcel at the Eastern corner of the intersection with Indian River Road (GPINs 1474454492 and 1474453342)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When subdivided, the lots shall be subdivided in substantial conformance to the submitted Site Layout entitled, "SUBDIVISION OF PARCEL A' & PARCEL 'B'," dated September 28, 2016, and prepared by MSA, PC. Said Exhibit has been exhibited to City Council and is on file in the Planning Department. 2. When developed, the style, size and exterior building materials of the dwellings shall be in substantial conformance to the submitted building elevation entitled "PROTOTYPE HOUSE ELEVATION FOR PROPOSED SUBDIVISION FOR ELBOW ROAD INVESTMENTS,"dated January 26, 2017 3. Access to Elbow Road for Proposed Lot B-1 and Proposed Lot A-3 shall be via a shared easement, with the point of access being located on the northeastern side of Proposed Lot A-3. This Ordinance shall be effective in accordance with Section 107(]9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Seventh day of March, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Al Benjamin Davenport Council Members Absent: Shannon DS Kane March 7, 2017 —..imisomb . . r ,-/> • . ' •.,-?'...i, ' / • KJ C) F--'------1, • .,......... ..... </ \ . \ ,,,.. ,,i:<:-.4L , -\ 1/ I' 7\ \lits..'., . Li --1 .... , c.,..,> K.\.\\> „••-., .. ,." . . . e• . .., . . . . ...\It ...,. ,. -. . I . ccill.:"... II 1. ,- ,0 , ,. • .,.: ... , ..., 1>" ..._.._ ...;.. . •. . AP . .. 1.0 • \ / . ,.. \ ,.• ..... •. .e ..-. / Ce e •Zoiri „es ., 4:414"F-Ik ,.. . / .. ./.. OP; .. ... . '/ / ... e .....• ,. tedir • SP . . . ' _...--/ . .., .,.. -.,..,. . . . . , .. . ( . ii.... . I Ce , ,.• •.,. „...._.-.. .e., . I N . IX —.. .. . ..,, ... t \ <1.....5, ......".7"./.. \\>.. ... . _,...,. . . 4,4 BEAcyG o` c, S City of Virginia Seach r 9H s of OUR NM 0ngo<.con, M.BENJAMIN DAVENPORT COUNCILMAN PHONE. 0571425-EPP AT LARGE BDAVENPO@VBGOV COM Refer to File No.0060090 March 7. 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act. I make the following declarations: 1. I am executing this disclosure regarding City Council's discussion and vote on the application of Elbow Road Investments, LLC for a subdivision variance for property located at 4261 Elbow Road and the parcel located at eastern corner of the intersection of Elbow Road and Indian River Road. 2. I am a member of; and have a personal interest in, Elbow Road Investments, LLC, and its principal office address is 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451. 3. I wish to disclose this interest and will abstain from voting on this matter. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, M. en Davenport Councilmember MBD/RRI 1604 WEST HILLTOP EXEC CENTER#305.VIRGINIA BEACH.VIRGINIA 23451 89 Item—VI-K.2 PLANNING ITEM#66860 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of RIVER CITY RECOVERY, LLC and MASAG II, LLC for a Modification of Conditions re a Bulk Storage Yard t0 store repossessed vehicles at 1528 Centerville Turnpike (Approved January 12, 2010)DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RIVER CITY RECOVERY, LLC and MASAG II, LLC for a Modification of Conditions re a Bulk Storage Yard to store repossessed vehicles at 1528 Centerville Turnpike (Approved January 12, 2010) (GPIN 1455755284) DISTRICT 2 — KEMPSVILLE The plowing conditions shall be required: All conditions attached to the Conditional Use Permit granted by the City Council on January 12, 2010, shall be deleted and replaced with the conditions below: 1. As is required by the Zoning Ordinance, the Bulk Storage Yard shall be screened from the right-of-way with Category VI screening, as specified in the City of Virginia Beach Landscaping Guide. As required by these standards, the existing chain link fence along the right-of-way shall be replaced with a solid six (6)foot tall privacy fence. No additional barbed or razor wire shall be permitted on the site. 2. To mitigate for the deviation to the requirement of Category VI screening along the rear property line,plant material shall be installed along this property line in order to create a continuous screen to buffer the residential properties from this use. Said plant material shall be depicted on a Landscape Plan that shall be submitted to the Development Services Center's Landscape Architect (LA) within sixty (60) days of approval by the City Council for review and approval as deemed appropriate by the LA. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises;said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixtures shall be erected no higher than fourteen (14)- feet. 4. The hours of operation shall be limited to 8:00 AM to 10:00 PM, Monday through Saturday. 5. No storage of inoperable motor vehicles shall be permitted and storage on the site shall be limited to the motor vehicles as a result of repossession. No trailers, storage containers, CONEX boxes or mobile storage units shall be permitted on the site. 6. Any freestanding sign shall be monument style, not of electronic display (LED) type, and limited to eight (8)feet in height. A separate Sign Permit is required. The design shall be reviewed by the Planning Director for ultimate design and building material approval. 7. The parking lot shall be restriped within ninety (90)days of City Council approval. 8. The existing solid fence along the right-of-way shall be painted a single earth-tone color. March 7, 2017 90 Item—VI-K.2 PLANNING ITEM#66860 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Seventh day of March, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 f__ C ......,_ sib ,/ / .••••___ ,,. .,'. 4 •., __... ..._ . ••—'1 ...."\/',. e-k•es ,. 0 . )-- e .. ,.... /4 '''''.. 4.01, pp S..1 0 I •, -*'",,. \-•,,./ (7 -114. ...../.:.:,111)0:.' •r 401140,110 -„., <7 IX -. ,...../ / ......... -,..\\ '. /••• ,.-- ..,.. • '. . . .. .,:i'vz.i, ii\N\ ../. •:. , 1:14)16...\., „.. . ,.. . •,;2 1;,:i-:' . - . . ../ . .,, • • . V'•-•• ' ....`r • . ,... ...:,*:;.f ft,-•;,. •'7.. .., nv .. . „. . •t ..,,, r-s- ii, ....„ ...,-. • ..„.„.„..„ , N.. ..... ,.., , .., --,,,/ 5.....-r\ \ \\ \\ 1\ 4-. ......._ 14)L \ \ ,,,, -_,.. I - 4111110,1:: 46 N... --___ i , „:"---. Cle .e".... r 7 ‹. i'-'. 12 \ \ I - • j (01 111\ li \ IMIIPPIII:\: . t'. 44t .. LO) \_5 \(\\ \I- \\ \\\ \\\ .1 c \\ \ \ \ \ \\ 11111 . rn \ 4 \I \ \ \...\ c3 --------- .....v. (T... -, \ i-Lio \ , \ ,,,,, ,,,, A .,.. , ,. ,... .4.. . ___--e Ci ww-F__-,, t, 5-1 - _ , _:-__001 9 .--------1--- __ 710 Thil\, WA : . --.„.. ------- e--11 ce ,- .... ji_._ ,...^'•' --'-.-..----- --.'"---'-''...---- ___ '" -- - ------- - ...-- -•-• -'----'- orL\ --\ ••`''-'-' '' '-.-'-' \.: ••-• lo ..,..... '‘..- .--• 0 / --. I 91 Item—VI-K.3 PLANNING ITEM#66861 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED, BY CONSENT: Ordinance upon application of CENTRAL DRIVE MINI STORAGE, INC.for a Modification of Proffers re size and location of building at the Northeast corner of General Booth Boulevard and Nimmo Parkway(Approved May 27, 2014)DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CENTRAL DRIVE MINI STORAGE, INC.for a Modification of Proffers re size and location of building at the Northeast corner of General Booth Boulevard and Nimmo Parkway (Approved May 27, 2014) (GPINs 2414174511, 2414077143, 2414172167 and 2414170309)DISTRICT 7—PRINCESS ANNE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia. Seventh day of March, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent Shannon DS Kane March 7, 2017 a \i + 1. CITY OF VIRGINIA BEACH _J r INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9767 DATE: February 22, 2017 TO: Mark D. Stiles�I� DEPT: City Attorney FROM: B. Kay Wilsons`-'— DEPT: City Attorney RE: Conditional Zoning Application; Central Drive Mini Storage, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 7, 2017. I have reviewed the subject proffer agreement, dated December 1, 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 FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS CENTRAL DRIVE MINI STORAGE, 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 P1 day of December, 2016, by and between CENTRAL DRIVE MINI STORAGE, 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 those five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing a total of approximately 12.14 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference,which are referred to herein as the"Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated November 1, 2013 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20140530000475840 (hereinafter "2013 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPI N: 2414-17-4511-0000 2414-07-7143-0000 2414-17-2167-0000 2414-17-0309-0000 2414-17-3206-0000 PREPARED BY Sy is. U()('RU1)Y. Prepared by: ANF.R>&LLQ)'I��' 12 Edward Bourdon,Jr.,Esquire VSB 822160 Sykes,Bourdon,Ahem&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall modify those Proffers numbered "1" and "2" as contained in the 2013 Proffers; 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 competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning 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 modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid uro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following two (2) amendments to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns,grantees,and other successors in interest or title: 1. Proffer numbered 1 in the 2013 Proffers is hereby deleted and replaced with the following"NEW PROFFER#1": PREPARED BY: � VKSLS, 110112UON. 1. When the Property is developed, it shall be developed substantially as AutuNxlWY.R . shown on the exhibit entitled, "Conceptual Layout Plan Hickman Place Virginia Beach, Virginia", dated November 29, 2016, prepared by Finley 2 Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). 2. Proffer numbered 2 in the 2013 Proffers is hereby deleted and replaced with the following"NEW PROFFER#2": 2. When the Property is developed, the exterior of the retail shoppes shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the eight (8) exhibits entitled, "Hickman Place, Virginia Beach, VA" and designated "Conceptual Perspective View: 1, 2, 3, 4, 6, 7 and 8", dated November 30, 2016, and "Conceptual Perspective View: 5 House Parcel",dated November 1, 2013, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. 3. Proffer numbered 3 in the 2013 Proffer is hereby deleted and replaced with the following"NEW PROFFER#3": 3. When the Property is developed, the existing dwelling commonly referred to as the "Hickman House" (originally known as "Brown's Tavern") shall be relocated, to the northwest corner of the Property, substantially preserved, renovated and converted to food service and/or office use. The buildings designated "House/Cafe 1800 SF" and `Building 'F' 2,45o SF" on the Concept Plan and any businesses operated in them shall close by no later than 11:00 PM. 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 PREPARED BY �1SKFS. POURDON. until specifically repealed. The conditions, however, may be repealed, amended, or varied ANERP&Ltvv.er" 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 3 recordation of such instrument, provided that said instrument is consented to by the IIS Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The 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 it 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 names of the Grantor and the Grantee. PREPARED BY. wg SYRIS.IJOU'RUON. 111 AIWA&l IVY. 4 WITNESS the following signature and seal: Grantor: Central Drive Mini Storage, Incorporated, a Virginia corporation `n,J////�� /V///,�,(�N�/ By: /& t aG/ I.2 j //_� • (SEAL) Michael D.Sifen, Presic�g�t STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this rpt day of December, 2016,by Michael D. Sifen, President of Central Drive Mini Storage, Incorporated, a Virginia corporation, Grantor. (7 Notary Public My Commission Expires: August 31, 2018 IA /� . Notary Registration Number: 192628 �' •': 0 0000000 PREPARED BY. MIU SYKLS. [PATINA. RI All/PN n LF.v1'.er 5 EXHIBIT "A" Parcel I: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being known as Parcel Number 4, 8.35 AC, (2414-17-4511), as shown on that certain plat entitled "Subdivision of Property of Charles Carlton Hickman and Russell Lee Rainey, in Princess Anne Borough of Virginia Beach,Virginia", dated March 27, 1995 and made by Gallup Surveyors&Engineers, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 248, at Pages 24 and 25. GPIN: 2414-17-4511-0000 Parcel II: All that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, and known, labeled "Proposed Pumping Station Site, 0.254 acres", as shown on that certain plat entitled, "PROPOSED PUMPING STATION SITE FOR HAMPTON ROADS SANITATION DISTRICT", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 1416, at Page 313. LESS AND EXCEPT that portion of the said property conveyed to the City of Virginia Beach by Deed recorded in the aforesaid Clerk's Office in Deed Book 2258,at Page 184. GPIN: 2414-07-7143-000 0 Parcel III: All that certain parcel of land, together with the improvements thereon, situated, lying and being in the Princess Anne Borough,Virginia Beach, Virginia, containing approximately.49 acres,and known, numbered and designated as Parcel 2, as shown on a Plat made by Gallup Surveyors & Engineers, Ltd., dated November 29, 1992, entitled, 'Property of Charles Carlton Hickman Residual 19.36 Acres"and which Plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 229, at Page 52, to which reference is hereby made for a more particular description of said Parcel. GPIN: 2414-17-2167-0000 PREPARED BY'. svi s, IhARDON, Parcel IV: NB ARERN&LINI'.P.C. ALL THAT certain parcel of land, together with the improvements thereon, situated, lying and being in the City of Virginia Beach, Virginia, (formerly known as the Princess Anne 6 Borough, Virginia Beach, Virginia) containing approximately 2.64 acres, and known, , numbered and designated as Parcel 1, as shown on a Plat made by Gallup Surveyors & Engineers, Ltd., dated November 29, 1992, entitled, "Property of Charles Carlton Hickman Residual 19.36 Acres' and which Plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 229, at Page 52, to which reference is hereby made for a more particular description of the said Parcel. GPIN: 2414-17-0309-0000 Parcel V: ALL THAT certain parcel of land, together with the improvements thereon, situated, lying and being in the Princess Anne Borough,Virginia Beach,Virginia, containing approximately .49 acres, and known, numbered and designated as Parcel 3, s shown on a Plat made by Gallup Surveyors & Engineers, Ltd., dated November 29, 1992, entitled, "Property of Charles Carlton Hickman Residual 19.36 Acres" which Plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 229, at Page 52,to which reference is hereby made for a more particular description of the said Parcel. GPIN: 2414-17-3206-0000 H:\AM\Mod of Proffers\Central Drive Mini Storage\Hickman Property\ist Amendment to Proffers.doc PREPARED BY ni JSKES.1401UI ON, AIIIRN&LEA%P.1. 7 AMMIIME1111•111111111116, ANNINIIIIii / .- .-. ...- — . . - i ..-- ' -. -.,/ / .t-!.. . --.7 / ,r.i,-• • .; , ., fr-?__ . .. .1 -...,./ ,t, --/.. /, T ,i-- ivili., •z. . t , , _ __ • 1 _____ ), - Ct ___ C4 — -: ._. .._ •fig ::..,, ,,,.._.,.., ss....., ___ 1 ,, , i , --• . : ..... , N ft . z_ ---y.— ,—. it i _,•4-' etj „., . . ,•, . i . ..,,,... . . _. Ce 2 I , It J ---- ,',-- k L L___- N 1 ,•___ ,7 ! .., t i .• ...._I -' c' • a r”- - . •-..,__,, J., ,i ----•________. .------• , -,... . 4 4 1 1 * \ .• ., ,. . i -.... 1 I ..... co ..,.:...,., ,....,, s,... N .,., die'-' ---__ --.-. -. •,,,\ •,...‘ ' •\: • -,7 --------4-, --- - , \ \\\ ,.. ------ 0--------:----, _ . . , , . ... ._ ..3 , ..„ „....,. „..._ ... ii 4 ', ,-, , It . gil.)-0 ----•.2‘ .C\4° _ .. .. L1,4, i i .. , 1 \'., * ,; / c,, ._.... '..------ -,.,. -ettie—'--:— ..______, •,.. . _____, 41 — _._ CO i N . . -..•. * 1 • L :., * . ---z---• ..... _____ •.._.. •.._. ..,. — -.. - ........__ _., .. ... .,.., , ---2 • ,_. ._..... ...... ,... .... .... •. -........---.,. • ; -,..... . . < CO ....-iC. •. __ . •. • ./ . I r a.. _. ... ..._. , .. , , ,. , m r;,...--%.• o . . Ac. •i. \ - ---- . N . ... ...... -..,v-.., , , E ct *, • 'N a OW . , . .. . ' ,`4cyN1'^BFAcb O� z City of Virzinia Beach 6i n 1q S OOfl NP4awS B;o..com WILLIAM 0.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING1 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 234669000 In Reply Refer to 0060076 (757)335-4681 FAX(75719355699 wsessoms®v69ay.com March 7, 2017 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 Central Drive Mini Storage, Inc. for a modification of proffers for property located at the northeast corner of General Booth Boulevard and Nimmo Parkway. 2. The applicant has disclosed that TowneBank is a financial services provider with respect this application. 3. I have a personal interest in TowneBank, which is located at 600 22ii' Street in Virginia Beach,and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, , AC - William D. Sess ms Mayor WDS/RRI 92 Item—VI-K.4 PLANNING ITEM#66862 Dr. Angela Maxwell, 1165 Vensen Drive, Phone: 321-7887, advised there will not be any venomous animals kept at the shelter. E. George Minns, 236 Shipps Lane, Phone: 575-8109, Seatack Community Civic League — President spoke in OPPOSITION. Mr. Minns expressed concern specifically regarding the small area of the shelter as well as restricting venomous animals being kept in the shelter. Jimmy Frost, 2240 Window Place, Phone: 343-6768, spoke in SUPPORT. Mr. Frost advised state and federal permits are required to house venomous animals. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, Ordinance upon application of THE BUNNY HUTCH, INC. and JUSTIN M. FAILLA for a Conditional Use Permit re a Wildlife Rehabilitation and an Animal Shelter at 1165 Jensen Drive DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THE BUNNY HUTCH, INC and JUSTIN M. FAILLA for a Conditional Use Permit re a Wildlife Rehabilitation and an Animal Shelter at 1165 Jensen Drive (GPIN 2 41 743 43 00)DISTRICT 6—BEACH The following conditions shall be required: L No animals shall be released on the subject site or within the surrounding area. 2. Animal waste shall be removed daily in a lawful manner. 3. All animals shall be properly and humanely contained either in the building or within the fenced-in areas. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 4. All mammals kept on-site shall be properly vaccinated for rabies and proof of rabies immunization shall be kept on-site. 5. Consistent with the existing Navy restrictive easement on the site, no minks shall be kept onsite. 6. Consistent with the requirements of Section 1800 of the Zoning Ordinance, no livestock farming or animal breeding shall occur on the site. 7. No venomous reptiles and/or venomous amphibians shall not be transported to the site, nor shall any such animals be kept on the site at any time. This Ordinance shall be effective in accordance with Section 10709 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Seventh day of March, Two Thousand Seventeen. March 7, 2017 93 Item—11I-K.4 PLANNING ITEM#66862 (Continued) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley. Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 F : iti i • / . , ' ,-‹ _ -'N :_: 1-' - ' i I • .-1 r •.-5...al.::../- ' ' . .' \ . \..) ::I <-. s- Ce "'„ we I....- . . . fir 40, ) -__ _-:. . .: -../ ..-- :, In 12 7 `• i • \... ..44, -. - \-,-, ....,,. b 6.1 411 11.11 ':1 4# 41-- l''t 4 , ' - N., - la- _ '' n/ ?is --1 /. . I 4 0, .:,.. / . <> W () # 11 ..\1 401)) .r. ... ,-/ ...... Ce, in dlimi r 74w . ',\.:•.\__, ir 4.\\":(,", N. • _....... I Z;-L Tr. • \ „/:`,? ,/,-'\ '-•,.1 cr: `.e.\ r'I : . --...1: - .• 4..1 ami / -"'Vs .. % \V I< /-•:-- Ce ... :--'\...\• '`, \- •••'1`<.,14Z NN,„,› '.--- „-- . , . - --. • ,,,,> • -,./ , lk '.. 1 ...... 4 _.---':.:,,10 Of,- ---- . _----- ..;. - - CO \.......-----". ------ -- --- r 1 , 1 l' 11, Or....- 4C _FLI 7 SNII. • E gh.. [-Iiil 1 Li T''' II - I CO . Ll • 1 I 111110( n_WI I .--"Vrr ' II W l' -1 r r , R - _•" 1, n w L', 11 I mom h 14-k4 - ' 4C tim • I C-7---] L._A- airf.1111111711 II i INI12 nimt t3C, NW `rj) I , P I ill N- I CD1 a. . 1 .. 1 ., < 1 11 Iii: 011111 Tim-1.__ rd: - • i i Ce al Ni ii .kb Nrg IC71 ii 1110.1 , , 1 : r't 11111, ai . 1 1 iv .4 gill 1 I Or N PI ,_._. 111111J16. .114gli2.1 L 1 .../ .1 i 1 pi i .. ... , __. \ ...:. , 94 Item—VI-K.5 PLANNING ITEM 866863 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP. for a Conditional Use Permit re a Craft Brewery at 313 32nd Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP. for a Conditional Use Permit re a Craft Brewery at 313 32""Street(GPIN 2418928642)DISTRICT 6—BEACH The fallowing conditions shall be required: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted Site Exhibits and Renderings. Said Exhibits and Renderings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 2. A Landscape Plan shall be submitted for review and approval by the Development Services Center (DSC)Landscape Architect. The applicant shall work with the DSC Landscape Architect to determine the appropriate amount and species of plant material that shall be installed within the existing turf area so that the parking area is sufficiently shaded and screened. 3. The applicant shall coordinate with the Strategic Growth Areas Office and Traffic Engineering to sufficiently design and locate planters on-site and parallel with the southern property line in order to clearly prevent vehicular access from 32"d Street. Said planters shall be installed prior to issuance of a Certificate of Occupancy. Plant material within the planters shall be maintained at all times. 4. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office, and a Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions of this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between 12:00 Midnight and 10::00 AM 6. Unless otherwise approved under a Special Event permit, live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 7. All signage shall comply with the Oceanfront Resort District Form-Based Code. 8. Preparing and serving food may take place as part of this proposed Craft Brewery Conditional Use Permit 9. The applicant shall comply with all applicable parking requirements specified in Section 6.2 of the Oceanfront Resort District Form-Based Code and Section 203 of the City Zoning Ordinance March 7, 2017 95 Item—VL-LLS PLANNING ITEM#66863 (Continued) This Ordinance shall be effective in accordance with Section 107(/)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Seventh day of March, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye.' Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Shannon DS Kane **Council Lady Wilson filed Disclosure March 7, 2017 , ....••••-- \ \ ..I Cet', 9 ' OSI 5� ', - , ''-.'i---- --------- ------------ P acIfIc _ . . ___ . _. , ____ ., r_ z,- --A----- ' ' ' ci k\ \ . _7•....„ , ,, , I .,...,... .... . _, r. ..:...___...„. ,... .„......., . ... ..__ .. Ca, \ \ ti _ 0 • S t N; S• y t 1= , 5 , \ ) , t \ .'"-\ t OC t `I \i'''i' O c . 6___.N.___i __Th\I/71k,. . , ' _---------- 1 t \ .. T. ''' \ , t ; O 13 ,ry ',.:.i \---- ,,._i, n--_-__--- \\ \ \„. , , . 11141. '�--_'— • es_ I, , 1, _ _ ` N \ 1111 ti ' ...i \\,,,,....;-------------- ....' t ti -- , l ovie -, _A, �_ _ v a iv 1 J - } 4, N _ - 1,44,(...\„,. . , \ ,_____ - _ m Rizr , in tiM N � 1 I I, , I -----0, 4 • O •'•,, ,....__, , ' it '4 41 ` ,,Vk....._ 11 - N1 'ICI'l, '.''I lo,-ce......61 ..., 1., CNI\ \ \ . , ,, , ti , Ic' A T.. , , . . . 00A BE4c ..0- @L 04 t z City of Virginia Beach S R" moi_ 9s I1P NP LLyyr WLMov.COm WILLIAM D.SESSOMS,JR MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 23455-9022 (79)385-4591 FAX(757)305-5599 In Reply Refer to 0060080 wsessomsovoewcom March 7, 2017 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 Smartmouth Brewing Co., LLC for a conditional use permit for a craft brewery at 313 32"d Street. 2. The applicant has disclosed that TowneBank is a financial services provider with respect to its application. 3. I have a personal interest in TowneBank, which is located at 600 22"d Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely-,lt ifr,..... ' dliam U. Sessoms Mayor WDS/RRI 96 Item—VI-K.6 PLANNING ITEM#66864 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of MCDONALD GARDEN MARKET, LLC and PMIG 1020, LLCfor a Conditional Use Permit re an Open-Air Market at 4664 Princess Anne Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MCDONALD GARDEN MARKET, LLC and PMIG 1020, LLC for a Conditional Use Permit re an Open- Air Market at 4664 Princess Anne Road (GPIN 1476431521) DISTRICT 2—KEMPSVILLE The following conditions shall be required: L The layout of the Seasonal Market shall be limited to 20,208 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 01/23/2017, 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 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 seven days a week between 8:00 AM to 8:00 PM 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/Certification Letter prepared by Gregory M. Gerling, 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. 7. If the parking spaces on the adjacent parcel are used in order to meet the minimum parking requirements set forth in the Zoning Ordinance, a shared parking requirement shall be recorded in conformance with Section 203 of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Seventh day of March, Two Thousand Seventeen. March 7, 2017 97 Item—111-K6 PLANNING ITEM#66864 (Continued) Voting.' /0-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 ... \ . , , . , .. . . .. \ • • . , %- 7..- ..\\ I I r \ , i 0. 0 '* 6 \ , 4 "A. 4, v: 0 0 T\\TT di 77 0 CL , 7 0 -- ,,- ,••• k.. .••• / . .„. / .s.p .. • 4q4k .... . ...\ .,. .. 0, I .,‘ 98 Item—VI-IL7 PLANNING ITEM#66865 Reid Greenmun spoke in OPPOSITION. Mr. Greenmun advised he is an analyst and this proposed Ordinance is poorly written. This Ordinance does not require an "elected official"consider waiving the number of parking spaces needed for businesses. This Ordinance is "less defined" and takes away the City Council's authority. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, Ordinance upon application of CITY OF VIRGINIA BEACH to AMEND § 7.3.1 of the Oceanfront Resort District Form-Based Code re Alternative Compliance for parking This Ordinance shall be effective in accordance with Section 107(/)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Seventh day of March, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 1 AN ORDINANCE TO AMEND SECTION 7.3.1 OF 2 THE OCEANFRONT RESORT DISTRICT FORM- 3 BASED CODE PERTAINING TO ALTERNATIVE 4 COMPLIANCE FOR PARKING REQUIREMENTS 5 6 Sections Amended: Oceanfront Resort District Form-Based 7 Code Section 7.3.1 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That Section 7.3.1 of the Oceanfront Resort District Form-Based Code is hereby 16 amended and reordained, to read as follows: 17 18 Sec.7.3 Alternative Compliance 19 20 7.3.1 Applicability; Exceptions 21 22 A. This section sets forth the procedures and standards for Alternative Compliance 23 under which the City Council may grant special exceptions to allow the 24 development of new uses or structures, or additions to or alterations of existing 25 structures, that do not conform to the uses or forms of development otherwise 26 permitted under this Code, including the optional forms of development allowed by 27 this Code. 28 29 30 31 32 ._ a . . ._ _ _ - • __ __ _ z _ _ _ _ _ _ : The minimum required 33 parking may be reduced in accordance with Section 203(b)(11) of the City Zoning 34 Ordinance. 35 36 -- : : : : : •• - • _: - :: • - : .. . . 37 : -_ ' - _: •• : '_ • .: - - '- . . . : : _ . 38 39 :_ : : : : • -: :- _ _ • • -- - 40 41 : :e_-- : • : • _ -e : _ ..• . . . : •- •- 42 43 45 46 47 CITY ZONING ORDINANCE 48 49 Sec. 203. Off-street parking requirements. 50 51 52 53 (b) General standards. The following requirements shall apply to all off- 54 street parking spaces: 55 56 57 58 (11) The minimum required parking may be reduced upon the submittal 59 of a parking study to the zoning administrator that indicates a 60 substantial number of patrons of the use are pedestrian or arrive by 61 means of public transportation or by bicycle. The zoning 62 administrator shall determine the final parking ratio or reduction in 63 the minimum required parking. 64 65 COMMENTS 66 67 CZO Section 203(6)(11)is added for reference only. Adopted by the City Council of the City of Virginia Beach, Virginia on the 7th day of March , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1i. . � A 1. A (. tea-- rry Fran enfield, Dire . B. Kay Wilson deputy City Attorney Departme of Planning City Attorney's S ice CA13830 R-2 September 23, 2016 2 99 ITEM VI-L APPOINTMENTS ITEM#66866 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION—VBCDC WORKFORCE HOUSING ADVISORY BOARD March 7, 2017 100 ITEM VI-L APPOINTMENTS ITEM#66867 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: KAREN HILL JOHN E. UHRIN JAMES L. WOOD Three year term 05/01/2017—04/30/2020 AUDIT COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara Al Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 101 ITEM VI-L APPOINTMENTS ITEM#66868 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: GUIA CALIWAGAN SUSAN HELLSTROM—Represents Health Clinic TED KUBICKI CAROL Y ROGERS-JACKSON ROLFE WHITE Three year term 04/01/2017—03/31/2020 and APPOINTED LAURA HABR Unexpired term thru 03/31/2019 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 102 ITEM VI-L APPOINTMENTS ITEM#66869 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: HARRY MILLETT Unexpired term thru 05/31/2019 OPEN SPACE ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis It Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 103 ITEM VI-L APPOINTMENTS ITEM#66870 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ROBIN FOREMAN WHEELER Unexpired term thru 06/30/2017 plus 4 year term: 06/01/2017—05/31/2021 and LAURIE GLA UDE 4 year term: 06/01/2017—05/31/2021 SOCIAL SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 104 ITEM VI-L APPOINTMENTS ITEM#66877 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: SABRINA WOOTEN No term PROCESS IMPROVEMENT STEERING COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane March 7, 2017 105 Item-VI-0 ADJOURNMENT ITEM#66872 Mayor William D. Sessoms, Jr.,DECLARED the City Council Meeting ADJOURNED at 8:40 P.M. manda Fin /rnes,MMC Chief Deputy City Clerk •uth Hodges Fraser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia March 7, 2017 106 OPEN DIALOGUE Larry E. Stampe, 1269 Belvoir Lane, Lake James Homeowner's Association- President. Mr. Stampe asked those residents of Lake James to stand to be acknowledged. The pollution in the lake has made it unusable. The residents have been good stewards and treated the lake, taken classes on reduction of pollution but need the City's help to correct this problem. The value of the homes will decline if the lake is unusable. The assistance is not only for.short-term but a long-term solution. Peggy Sansone, 1305 Lake James Drive, Phone: 424-3464, Lake James Homeowner's Association- Environmental Committee Chair. Mrs. Sansone asked for City Council's help back in 2009 to stop the pollution into Lake James, The toxic algae has returned to the lake and rendered it unusable as it can cause skin rash, respiratory illness, liver damage and death. The Homeowner's Association paid$2,500 last month for a professional water analysis which showed the algae level was 800,000 cells per milliliter, Any algae count above 100,000 cells per milliliter is considered "toxic and dangerous to human and animal life". The State Department of Public Health performed a water analysis that revealed much higher numbers and they have been instructed LJHA to post "WARNING SIGNS" immediately. The residents have lost the recreational use of their lake. In the past four (4)years, the Homeowner's Association has spent over$40,000 with very little to no improvement They must have the City's help to correct the pollution in the Lake. Craig Langman, 1117 Belvoir Lane, Phone: 361-6610, is one of the "original residents" of Lake James. Mr. Langman has a degree in Oceanography and twenty-seven years in the Navy as a Nuclear Engineer. He has a good perception of the root cause of the pollution. The run-off from the Cedar Hill Canal is creating the pollution and the Lake is essentially dying. Mr. Langman provided a list offive (5) requests that is attached hereto and made a part of this record. Daniel Rouleau, requests City Council to include, in the upcoming Legislative Package to the General Assembly, continued research and implementation of decriminalization of marijuana and deprioritize arrests of adults posing marijuana. This is not an expressed or implied approval of the personal use of marijuana hut takes a strong stand against the continued criminalization of citizens that is permanently attached. Specifically, the request is to decriminalize the possession of small amounts of marijuana unrelated to other offenses. In Norfolk, there are 87 individuals in jail for simple possession of marijuana and costing Norfolk $77 per inmate, per day, essentially over $6,600 per day. This could he a "civil sanction"with a fine and would not cost the City the outrageous expenditure of housing these individuals in jail. March 7, 2017 107 OPEN DIALOGUE (Continued) Wessel Lewis, 1601 Virginia Beach Boulevard, Phone: 932-1035, grew up in the City,joined the Marines and returned after his service, requested the City consider decriminalization of marijuana. There are a number of individuals convicted of simple possession of marijuana with no other convictions that are stuck with low-paying jobs because of their criminal record. This type of conviction also restricts individuals from being eligible to receive grants for any type of secondary education. Michael Callahan, 2132 Sanctuary Court, confirmed the deadline for the Arena project is tomorrow, March 8`", and asked if the City is going to give the Developer another extension. Mr. Callahan suggested taking the money and giving it to the City Employees. Mayor Sessoms advised the Developer has until tomorrow to provide an executed commitment letter to the City Attorney and the City Manager. As of now, the City has information the letter is coming; however, it has not been received as of now. It has been made clear there is no option for any additional extensions. Gary Hartman, did not respond. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, feels he should not have to choose, as a Citizen, whether to attend the City Council or the School Board meeting. Mr. Greenmun has asked the School Board to consider changing their meeting date to not conflict with the City Council meeting. The School Board advised Mr. Greenmun their meeting has always been on Tuesday and the City Council used to meet on a derent night and so they will not change. He requested the City Council get together with the School Board and see if something can be worked out so Citizens have an opportunity to attend both meetings. There were two issues on the School Board's Agenda tonight that he really wanted to provide his thoughts on; however, the City Council Agenda had more items that he felt necessary to provide input and so he could not attend the School Board Meeting. While he was waiting for his turn to speak, the School Board approved, by a vote of 6-5, a Budget Resolution to raise the Real Estate Taxes to fund full-day kindergarten even though the program will only cost the schools just over $5-Million per year. Mayor Sessoms advised he will add consideration of meeting dates to the Agenda for the upcoming meeting he and Vice Mayor Jones have with the Chair and Vice-Chair of the School Board. ADJOURNED AT 9:01 P.M. March 7, 2017 7March2017 Proposed City of Virginia Beach Actions for Restoration of Lake James 1. Work with HRRC to divert their discharge to the City Landfill ditch and Lake. This would remove all further discharges to Cedar Hill Canal except for normal stormwater runoff. Lake James has started a dialogue with the City staff to see if it's feasible. Our position is that if the City doesn't want it in THEIR lake, why should we take it into OUR lake? 2. Support Lake James' efforts at the Commonwealth level to force HRRC to operate in accordance with the intent of the DMME guidelines for stormwater discharge from a mining operation. Instead of a true settling pond, they are force pumping their surface water into Cedar Hill Canal without allowing the sediment to settle out. 3. Complete the planned wetlands project at the Lake James inlet. This would provide a natural filtration to any water that does flow down the Canal from the HRRC/Centerville Rd area, whether HRRC diverts their discharge or not. 4. Address the 30+ years of silt, sediment and nutrient buildup in our privately owned, publicly used BMP/lake. This would require dredging of the Lake, an expensive but necessary, process to restore the Lake. 5. Complete cleaning out the Cedar HID Canal to Indian River Road so that water levels in Lake James provide adequate storage capacity as a BMP for the local area and to prevent backflow into Lake James from the canal via the outlet weir. Years of silt buildup have resulted in a badly clogged canal. Questions: Craig Langman, 757-361-6610, langman5@verizon.net