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JUNE 20, 2017 MINUTES
_rat41A B ''� ZV aS lkso«ay... ,,~ F 4,4-.44 ' `U! OUR No30 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 20, 2017 Mayor William D. Sessoms, Jr., called to order the City Council Briefing on the NEIGHBORHOOD SPECIAL SERVICE DISTRICT(SSD) UPDATE in the City Council Conference Room, Tuesday, June 20, 2017, at 4:00 P.M. Council Members Present: 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: Jessica P.Abbott Family Vacation Shannon DS Kane Family Vacation 2 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD SPECIAL SERVICE DISTRICT(SSD) UPDATE ITEM#67140 4:00 P.M. Mayor Sessoms welcomed Phil Roehrs, Water Resource Engineer—Public Works. Mr. Roehrs expressed his appreciation to City Council for their continued support: Neighborhood Lie g i a- x• -z rRn I }...is-1,4— City ts-1..1-City Council Briefing Hurds Cove Brock Cove Buchanan Creek West Bayville Creek June 20,2017 41111:.. The first four(4) neighborhoods listed have completed the first cycle of dredging, the next three (3)are in the permitting phase, the next two (2) are in the petition phase and one (1)project is scheduled for the initial Briefing. Forty-one (41) neighborhoods expressed some level of interest, most were evaluated and thirteen (13) went to petition. Of the thirteen (13), only seven (7) met 80%support with the other six (6) did not meet the required 80%: Neighaornooas in NIay Channel Points Lane Schilling Point Greensboro Avenue Old Shell Owls Creek Pembroke Manor I.ynnhaven Acres lirock Cove Cedar Lane Buchanan Creek West Broad Bay Dix Creek 11 Little Haven Co Le end__ Thoroughgood Cove& Jody CoveNMI— m Bayville Creek West Witchduck Cove Dredging Comp Hebden Cove Witchduck - SSD Ordinance Fstablished in Permit Application Phase(g) Witchduck Bay Sandy Point Witchduck Point Robin Hood Forest II Petition Phase(z) Oyster Bluff Community Briefing(i) Winthrope Cove ' Little Neck Cove Interest Phase(zg) Brown Cove 8o%Interest Not Achieved(6) River Haven June 20, 2017 3 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD SPECIAL SERVICE DISTRICT(SSD) UPDATE ITEM#67140 (Continued) Below is a map of the SSD Projects: �., \; Neighborhood SSD P)o ram[bus (41 Projects As f o6/15/so17) t' PROPOSED .HI IRAN'S., BROAI CONI THr OUGHCOOD CO u i, tkl DI% IBROtE<[„1 I`� \, DIX N wl 'Al FI.HTEEREEK x,Ix�In,iNAY III III I EE IST ` 4 Pil III III, EEK 1 . 11111, -atilt tCOVE 1 ii,I PI,lk 1,111 R HOOL) 11 A OE6 11(IN `�� FOREST SRF.FK H .Ba E lE' I c BUCHANAN 51 STATION EN IGREENSBOROAYE HE P ury I 1 L I E M HURSTUMMAI. AR I Lepe nd 1 IOWISCREEK L, ya l THAI n ,—„,... SSD Ordinance.KaablcalledIn Permit Yetitbn Pilaw 1 Community Briefl,10 Interest Plume(66/ Bk,Inte .Roo...H�..�. \ / ,rest R.Sd'6 r Neighborhood SSD Pro,' ,m Statu 1 \iiii, t lik„....,„, ...__ , ---„,„.\ . • -.\--\....... • \\\\ r INURDS -�/ — BUCHANAN COVE CREEK WEST --}-_ i June 20, 2017 4 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD SPECIAL SERVICE DISTRICT(SSD) UPDATE ITEM#67140 (Continued) This is a Summary of Hurds Cove SSD: '912.11144.11knr..g.,- SSD Summary res J_ 0 o,0 10� �� • Council approved the ordinance for �'� y SSD adoption on January 20,2015 =o=J�7 o,'�o;OO_���i (qs properties in district). O ` <o Ir • SSD taxes took effect on July r,20,5. \ ' , avil, ` i��o10 �- • 16 E ;t mitigation issues `` �' • Revised No.of Properties=75 �k e&10- �&›• -16 Properties Removed ` C. O� i i ID WV or ►i :i 10.7 After working with the community leadership, and with their concurrence, here are the seven (7) properties recommended for removal. Below is the Proposed Revision to Hurds Cove SSD: PROPOSED f ®,6_ • One property subdivided into two ' a v parcels(76 Properties). s t� �~ �� • 7 additional properties recommended �4 '(- for removal due to environmental +i �'1�D ��0� impact mitigation issues and resident's , y decision to not sign a R.O.E.agreement �©E�'t4© to rdredge. ©4/OA • Proposed district change to 69 �� properties. 1 -i Property Subdivided in 2017. ,r r -7 Properties proposed for removalIlk.t t / �� — i h June 20, 2017 5 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD SPECIAL SERVICE DISTRICT(SSD) UPDATE ITEM#67140 (Continued) The Brock Cove SSD has seventy-six(76)potential participants: Proposed • Held Community Briefing on Feb.24,2017 -- • 76 Potential Participants } • Total SSD FY17 assessed value:S74,149,z ' Y S74,149,200 , • Total SSD neighborhood channel dredging cost:$5,788,S72 O� • SSD rate covers costs for i6 year life: �a�eo 48.81/Sroo of the FY17 assessed value ,s- 114 fairer •r P41 11)5 The Buchanan Creek West SSD has seventy (70)potential participants: Proposed • A division of Buchanan Creek-failed to reach 8o% 0� ' • Held Community Briefings on May 07,zog and May u,2017 • 70 Potential Participants wes,•.,s,•^b /,0 • Total SSD FY17 assessed value:s37372,600 0� • Total SSD neighborhood channel dredging \9 cost:S2.,899,009As a 4aj��o • SSD rate covers costs for 16 year life: 48.51/sroo of the FYI7 assessed value 00 • ~ •�WaawTA•riprw•.Y•••�,u June 20, 2017 6 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD SPECIAL SERVICE DISTRICT(SSD) UPDATE ITEM#67140 (Continued) The City Manager has offered the residents of the Bayville Creek SSD a few alternatives for the requested rate adjustment. The residents are in discussions and Staff will report back to City Council once the residents'decision has been communicated: Bayville (;reek Rate Adjustment ■ oscri itinu � • Rate adjustment was adopted in FY 18 CIP IV"— * X018 t�I�O�l�4� Budget •0%Vrr♦S 6, • Two alternatives have been proposed that lel V/1111, }�de4�, would mitigate the proposed rate increase "#4110"074141, • Alternative proposal if desired by the SSD `® if members will require a follow up Council Briefing and ordinance kaiak 101' **, vpipott gr. / -'- Neignborhooa ureaging J5u urogram Council Update Comments and Questions Mayor Sessoms thanked Mr. Roehrs and the entire Team for their continued hard work. June 20, 2017 7 CITY MANAGER'S BRIEFINGS CAFE FRANCHISE AMENDMENT ITEM#67141 4:10 P.M. Mayor Sessoms welcomed Mike Eason, Resort Administrator — Convention and Visitors Bureau. Mr. Eason expressed his appreciation to City Council for their continued support: City Council Briefing Open Air Café Revisions VIRGINIA BEACH CONVENTION & VISITORS BUREAU Mike Eason Resort Management Office June 20, 2017 VIRGIfIA BEACH Nig T.Oft Below is the Existing Regulations regarding Resort Open Air Cafe: Existing Regulations • Resort Open Air Café:an outdoor dining facility directly adjoining an existing restaurant in the RT Resort Tourist Districts or OR Oceanfront Resort District,franchised to operate on public property.All facilities to be considered for this program are required to provide waiter/waitress service,from a full service menu served on non-disposable dishware,in a specific semi-enclosed café space as described herein.A franchise for these cafés will only be granted to those restaurants located on private property with 80%or more of interior space dedicated to table and chairs for sit down service by a waiter or waitress.No portion of an Open Air Café shall be used for any purpose other than dining or related circulation.Cafes must have direct access to the host restaurant.All cafes and the required adjacent/operating business shall meet all ADA requirements(including rest room facilities within restaurant).Café Categories,each with requirements specific to their locations,are described below: ,; VIRGIfIR OBEACH June 20, 2017 8 CITY MANAGER'S BRIEFINGS CAFÉ FRANCHISE AMENDMENT ITEM#67141 (Continued) Waterman's assa J I } VIRGIfIR BERCH Ocean 27 Cafe I i :.•. ,i I • MESE 99961 may` VIRGIf1IR "' BERCH June 20, 2017 9 CITY MANAGER'S BRIEFINGS CAFE FRANCHISE AMENDMENT ITEM#67141 (Continued) Below are the Proposed Changes to the Regulations: Proposed Changes to Regulations • Resort Open Air Café:an outdoor dining facility directly adjoining an existing restaurant in the RT Resort Tourist Districts or OR Oceanfront Resort District,franchised to operate on public property.AN-fasilitiec To be considered for this program existing restaurant are required to provide waiter/waitress service,from a full service menu served on non- disposable dishware,'• - .:_. - • _ -- _ • - -- described-herein.A franchise for these cafés will only be granted to those restaurants located on private property with 80%or more of interior or exterior space dedicated to table and chairs for sit down service by a waiter or waitress.No portion of an Open Air Cafe shall be used for any purpose other than dining or related circulation.Cafes must have direct access to the hest sting restaurant.All cafes and the required adjacent/operating business restaurant shall meet all ADA requirements(including rest room facilities within restaurant).Café Categories,each with requirements specific to their locations,are described below: '•'-' VIRGIf1IR BERCH Questions VIRGIf1IR CBERCH Mayor Sessoms thanked Mr. Eason and the entire Team for their continued hard work. June 20, 2017 10 CITY MANAGER'S BRIEFINGS NATIONAL FLOOD INSURANCE PROGRAM'S "COMMUNITY RATING SYSTEM" ITEM#67142 4:17P.M. Mayor Sessoms welcomed Whitney McNamara, Environmental Planner — Planning and Community Development. Ms. McNamara expressed her appreciation to City Council for their continued support: ■ MIN - Virginia Beach a National Flood Insurance Program Community Rating System • Whitney McNamara,CFM • , Department of Planning and Community Development r- v— June 20,2016 rat Below is an overview of the National Flood Insurance Program: National Flood Insurance Program • Standard Homeowner's Insurance doesn't cover flooding • National Flood Insurance Program(NFIP)created in 1968 to help provide a means for property owners, renters,and business owners to financially protect themselves from flooding • In return for flood insurance, local governments must agree to adopt and enforce a floodplain ordinance regulating development in areas prone to flooding June 20, 2017 11 CITY MANAGER'S BRIEFINGS NATIONAL FLOOD INSURANCE PROGRAM'S "COMMUNITY RATING SYSTEM" ITEM#67142 (Continued) This is an overview of the City's Flood Insurance Program: Virginia Beach Flood Insurance Statistics • Virginia Beach joined the NFIP in 1971 • Currently have 22,431 policies (22%of state) • Over$6 Billion insurance coverage (23%of state) • Residents collectively pay over$12 million/year in flood insurance premiums (16%of state) • Highest number of policies in the Commonwealth and second highest in FEMA Region III 'Data from FEMA as of 3/31/2017 The Community Rating System (CRS) was created in 1990: Community Rating System (CRS) • Created in 1990 to provide certain flood insurance policy holders discounts on their premiums in exchange for local government policies and programs that reduce community flood risk • Participation is voluntary on the part of the local government • There are 18 activities in four broad categories of floodplain management: • Public Information • Mapping and Regulations • Flood Damage Reduction • Flood Warning and Response • Communities earn points for undertaking activities in each of these categories June 20, 2017 12 CITY MANAGER'S BRIEFINGS NATIONAL FLOOD INSURANCE PROGRAM'S "COMMUNITY RATING SYSTEM" ITEM#67142 (Continued) Below are CRS Figures and Examples: CRS Figures and Examples CRS Class Credit Points Premium Reductions • At a 5% premium discount, the City's flood insurance 1 4,500-5,000 45% policy holders would see an 2 4,000-4,499 40% estimated reduction of 3 3,500-3,999 35% $445,597 4 3,000-3,499 30% • 10%would see a reduction of 5 2,500-2,999 20% $796,543 6 2,000-2,499 20% 7 1,500-1,999 15% - 15%would see a reduction of 8 1,000-1,499 10% $1,147,489 9 500-9,99 5% The Regional Hazard Mitigation Plan was adopted and approved by CRS this past Spring. This Plan includes sixteen (16)Action Items: Milestones • Regional Hazard Mitigation Plan adopted and approved by CRS in Spring 2017 • Includes 16 Action Items • Strengthen City infrastructure,especially Critical Infrastructure • Stormwater Management • Floodplain Management,including elevation,relocation or retrofitting repetitive loss properties • Work with business owners to promote hazard protection and implement projects • Education and Outreach,especially for Hurricane Preparedness,SLR,and Flooding • Continued maintenance of the Hurricane Protection Project • Strategic Acquisition of Open Space June 20, 2017 13 CITY MANAGER'S BRIEFINGS NATIONAL FLOOD INSURANCE PROGRAM'S "COMMUNITY RATING SYSTEM" ITEM#67142 (Continued) Below are the Next Steps: Next Steps • Send Letter of Interest to join CRS to FEMA • Schedule a Community Assistance Visit with FEMA to review Floodplain Management program • Receive Letter of Compliance from FEMA • Virginia Beach has 6 months to officially apply to join the CRS after the Letter of Compliance • Application typically takes 18-24 months to process due to scheduling of visits and advertisement in the Federal Register Questions? Mayor Sessoms thanked Ms. McNamara and the entire Team for their continued hard work. June 20, 2017 14 CITY MANAGER'S BRIEFINGS HURRICANE PREPAREDNESS ITEM#67143 4:29 P.M. Mayor Sessoms welcomed Erin Sutton, Director — Office of Emergency Management. Ms. Sutton expressed her appreciation to City Council for their continued support: HURRICANE PREPAREDNESS UPDATE Office of Emergency Management Below is the 2017 Atlantic Hurricane Season Outlook. This outlook is predicted to be an "above- normal"season: Atlantic Hurricane Season ,u Named storms 11-17 35% Hurricanes 5-9 Major Hurricanes • Aooaarnmal Now roma • eebtnnonNlseason 2-4 Season probab ty AlfSt. Be p!tpartd Vo,!t.urricants vov and lo (QNW5 and(t NN(_pllantic on Twitter. June 20, 2017 15 CITY MANAGER'S BRIEFINGS HURRICANE PREPAREDNESS ITEM#67143 (Continued) It is imperative to "KNOW YOUR ZONE": KNOW YOUR ZONE cit z•ns who enemas.at nsF as a Stern,appro.hes 4111 moos r These are the Current Evacuation Zones: CURRENT EVACUATION ZONES • Surge Zones • Based ONLY on water level from surge • • Does NOT take into account population density _ .. • Leads to over-evacuation • Only Coastal community that still uses Surge Zones vs. Evacuation Zones June 20, 2017 16 CITY MANAGER'S BRIEFINGS HURRICANE PREPAREDNESS ITEM#67143 (Continued) Here are the New Evacuation Zones: Scenario Matrix dt F jA am® jay Below are several "Key Themes From Hurricane Matthew": KEY THEMES FROM HURRICANE MATTHEW • City-wide Storm Preparation r, • Emergency Operations Center ar,.zY • Data Collection i_ at MP- • Internal and External Communication =� • Emergency Plans and Policies Short Term and Long Term Recovery I soloJune 20, 2017 17 CITY MANAGER'S BRIEFINGS HURRICANE PREPAREDNESS ITEM#67143 (Continued) These are the City's current Planning Initiatives: PLANNING INITIATIVES Short-Term/2017 Longer-Term/2018 • New evacuation zone • Completion of Citywide messaging shelter operations Plan • Evacuation/Sheltering • Completion of Citywide Workshop Evacuation Plan • Rollout new damage • Refine damage assessment assessment software software policies • Shelter assessments for primary locations • Strengthen public outreach 11 • Refine Community Recovery on disaster education Center Plan Below is an overview of the Emergency Operation Center: EMERGENCY OPERATIONS CENTER • Rotation of the room layout—June 27th • Begin process of technology upgrade—July meeting • CIP approved for ssoo,000 • EOC Standard Operating Procedure f1 Implementation 714.- • 1• Emergency Support Function Roles and i r' Responsibilities • Training • Planning"P"process for meetings,briefings and planning June 20, 2017 18 CITY MANAGER'S BRIEFINGS HURRICANE PREPAREDNESS ITEM#67143 (Continued) QUESTIONS Mayor Sessoms thanked Ms. Sutton and her entire Team for their continued hard work. June 20, 2017 19 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 4:43 P.M. Mayor Sessoms welcomed Patti Phillips, Director—Finance. Ms. Phillips expressed her appreciation to City Council for their continued support: FY17 Budget to Actual Financial. Update a as ofMay 31, 201' Ls. ... C'iiaj of Virginia Brtu:h Finance 0 41 t 40_ta.... Today's presentation provides an overview of the past eleven (11) months: Overview - 11 Months FY17 General FY17 General Fund Fund Next Steps Revenues Expenditures S. z}' June 20, 2017 20 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) Below is a "snapshot"of the FY2017 General Fund Revenues and Expenditures: FY17 GF Revenues a Expenditures Thru May 31, 2017 Annual YTD Budget Amu' Variance Revenues Local (83.4%of budget) $ 891.6 $ 770.6 $ (121.0) State (14.7%of budget) 156.6 88.3 (68.3) Federal (1.9%of budget) 19.8 18.1 (1.7) Total Revenues $1,068.0 $ 877.0 $(191.0) Expenditures City Operations $ 663.6 $ 578.9 $ 84.7 City Capital Projects-Cash Funding 28.2 26.1 2.1 Trsf to School Operations and Capital Projects 422.0 386.6 35.4 Trsf to School Reserve Fund 10.0 8.8 1.2 Total Expenditures $1,123.8 $1,000.4 $ 123.4 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/16 $ 8.8 City and School Capital Projects 9.6 Waste Management Fund Support 10.1 Hurricane Matthew 8.7 School Reversion 16.8 Risk Management 1.8 Adjusted Expenditures $1,068.0 Revenues do not come in equally. Revenues are at 80.18%of the estimated Budget: FY17 YTD General Fund Revenues C npared to Historic Trend at May 31, 2017 . 100% •- ; --- --. -_-_-- _- __- ANNUAL BUDGET=$1,068.0 M 100.0% io YTD ACTUAL $877.0M 82.19, m 80% ^- _ c m.t 80.1% E d 3 60% 49.0 57.6% 42.4%45.2% 54.6% 0 48.3% m 40% m 32.2% 41.7% 0 32.2% 20% 13.6 _ ...... - 8.0 13.3% TOTAL MAY 2.2% 4.0% _ PTD REVENUE=$2 51.5M 4.0% 9.4% Jul• ug Sop Oct Nov Dec Jan Feb Mar Apr May Jun •2 yr avg Rev Trend -,-%of FY17 Rev Budget June 20, 2017 21 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) FY17 - General Fund Revenues ► $877.0M collected as of May 31,2017 ►Still need to collect$191.0M a Real Estate Taxes:December 5th and June 5th x..., a Total General Fund -$437M(Total Citywide-$469.4M) a Additional$71.4M collected Citywide through June 20,2017 ► Business License:March 1a°2017 -- a Total Received-$46.7M-will exceed budget - ► Annual Personal Property Tax due June 5,2017-$93.6M Budget , ► Total General Fund-$61.1M ► PPT main levy-$90.8M ►Additional$31.1M collected through June 20,2017 a FY17 PPTRA-due July&August-$46.9M Additional State and Federal Revenue-$21.4M :-A.17V One of the most significant Revenues for the City is Real Estate which is at 91%of the Budget: Real Estate Revenues - GF Portio May 31, 2011 - 2017 BUDGET $466.4 $480.0 $435.4 $441.0 $443.7 $423.1 $428.2 3Z 152111612 343.N0K$100Fr $0 1 1 . r (84.624x) (84.624x) (90.624x) (88.6240 (88.624x) (90.8246) (90. uActualCollections uYTD June 20, 2017 22 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) $61.3-Million has been collected in Personal Property Taxes: Personal Property Taxes (excludes May 31, 2011 - 2017 $100 BUDGET $95.9 $93.6 $90.9 $80 $78.7 $73.7 574.7 $65.9 0 $60 _.._ 0 C $20 1 $G 53.70 53.70 53.70 II 54.00 54.00 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY wActual Collections uYTD $52.1-Million has been collected in General Sales Tax: General Sales Tax May 31, 2011 - 2017 State 5% pity (1%Local Portion) BUD° $61.1 $63.2 $60 $56.4 $58.2 100% $51.7 $53.4 $55.°% % 82.,,V/ __ .552. 80% c 1::: iiIIj1 0 60% N 0 V i fit 40%w 0 iimmi$15 20% UP 2.iX FROM PY p ' $o 0% FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 =Actual Collacttons s.dYTD .%of Total At June 20, 2017 23 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) Business License Tax May 31, 2011 - 2017 97.5% 98.9% 98-.9% 100.0% 99.1% 99.0% 100.6 _.... :- _-- —_.—• 1'100%.. $50 BUDG$46ET4 $44.2 $44.0 $4'1.6 $45.3 ? ! .(4. . $41.3 $41.1 "- 80% $40 I IN c - it 60% y 74 X$30 0 U d Fi $20 40%o K Si: 20% UP 4.1%FROM PY $o o% FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY 2017 vActualCollections YTD .%of Total The City continues to do well with this Tax which is a good sign that the Resort and hotels are doing well overall. Specifically, taxes are up 4.8%from FY2016: Hotel Room Taxes 51P GF Portion Only ,:' 5% May 31, 2011 - 2017 BUDGET GF 56.6 $6.7 (2%of total 8X) $6.2 95.0% 92.3% 11% 100% $6 91.3% 91.0% 91.5 4 80% c 0 0 - u f m W$4 60% U N v o 0 $re 2 20% UP 4.8%FROM PY So 0% FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 F 1 2017 Actual Collections uYTD .%of Total June 20, 2017 24 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) Total Hotel Room Taxes May 31, 2011 - 2017 BUDGE $35 91.4% 91.3% 91.6% 90.8% 90.2% 91.2% 941% 100% $30 $28.7 $31.5 $27.2 $27.4 $29.7 B0% $25.3 7.9 CiliI 2 40% 1- it m Patel Room Tons8%Allocation o $10 {,General Fund-2% TIP-5% a$1 per night ` 20% TAP-1% .$1 par night $5 I Sandbridge-6.5% a 51 per night CBD TW•5500k annually So MO Mall 0% Ti FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY2016 FY 2017 siActual Collections 1.—YTD .%of Total $37.8-Million has been collected in Restaurant Meal Taxes, up 3%from FY2016: Restaurant Meal Taxes0 22% 3.go% GF Portion Only ''_ T TIP b" May 31, 2011 -2017 0.22% .5%of total 5.5%) 00% 90.3% (390.4% 91.0% BUDGET •..._.._..r..._...,s.—..a....._�._ — —0— 91 590 $40 90.9% 90.8% 90.5% $41.3 c 178 80% 0 f$30 O • _ _... o u d 7 a V e$20 ::!! 60% UP 3 O%FROM PY So FY 2011 Fv 2012 FY 2013 FY 2014 FY 2015 F,20,6 FY 2017 .-_Actual Collections YTD %of Total June 20, 2017 I 25 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) Total Restaurant Meal Taxes•. May 31, 2011 - 2017 BUDGE 90.9% 90.9% 90.8% 90.5% 90.4% 91.0% 91.5% $60 ..•.0 $59'4 57.7 80% - 54.2 c $45 0 60% y O N S• $30 A V 74 c 40% 4 , v y t Meal Taxes.3:S%Alloeafion `0 $15 Gooeral.Fend 35% TIP-1.66!6..... 20% .. .. lip TAP CA ' Open Spic.=6.32% , Mulhmoda1-022% • $0 0% FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Imod Actual LJYTD . %of Total Comparison of FY17 and FY16 GF Revenues May 31, 2017 FY 2017 YTD FY 20161TD VARIANCES Budget Actual % Actual % .Actual % • Reel Estate Tars 1 46101 5 7175 91.7"n S 117.: :y.` '„ 1 19.7 4.7 % Personal Property Tars 93.6 6I.) 65.2 623 652 (13) (23) C wemuakh-PPTRA 53.4 63 122 65 122 - - (eneralSaks Far 67.2 52.1 824 51.0 833 1.0 2.1 U1stiy Tars 253 202 793 213 841 (13) (6.2) TekconmrnicatBns Tars 17.0 14.1 83.0 13.0 75.7 1.1 8.7 Busmess Iic,eses 46.4 46.7 100.6 44.9 99.0 IA 4.1 •Hotel Tars 6.7 6.4 96.0 6.2 926 03 4.8 • Restaurant Tars 413 370 913 36.8 91.0 1.1 2.9 •Cigarette Tats 11.1 10.1 91.0 8.4 19.0 1.6 19.2 Hunan Services Charges 263 202 76.4 21.6 83.6 (1.4) (63) Other Charge for Services 17.7 16.1 91.0 14.1 782 13 9.0 Other local Revenues 45.1 37A 81.9 35.9 79.8 1.1 3.0 Commonweahh-Mamtenance of Roads 48.9 359 733 35.2 73.4 0.7 2.0 Commonweahh-Human Services Reunb. 31.2 26.8 86.0 254 84.9 1.4 5.8 •Comonnweahh-Other State Revenues 23.1 19.1 823 183 80.4 0.6 3.1 •Federal Revenues 19.8 18.1 91.4 173 85.1 00 43 •Transfers from Other Funds 17.6 11.9 67.8 113 48.2 0.7 5.8 . A611 S 87.0 S 87.9 803% 5 291. 74.4 •GF portion nob Notes:FY17%ie bused on Budget,while P116 in honed nu Actual. Green-Projected to exceed budget -Projected to be under budget but esceed prior)ear amount June 20, 2017 26 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) Year-to-Date Expenditures are at 89%of Budget: FY17 YTD General Fund Expenditures Compared to Historic Trend at May 31, 2017 100% - ----__ __ 100A1%• ANNUAL 00 %-•ANNUAL BUDGET=91,123.BM 93.0 .• da, YTD ACTUAL=S1,000.4M 84.9 :9.0%• f" :0 80% _..-. ._.. d 76.3 �1.4% °. 68.6 ...//1.9% x UiTri 60% i 12 53.0 �7% ----- 0 45.1 53.0.0., ..7% '8 u40% - 37.E .� 43.3% - - -.. .- 35.2% a 28.7 , 20.7% 26.2% 18.8% TOTAL MAY 11.9% PTD EXPENDITURES=$85.8M 0% 1 _- -_ Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun •Expenditure Trend -.-%of FY17 Exp Budget Comparison of FY17 and FY16 GF Expenditures May 31, 2017 FY 2017 STD FY 2016 YTD VARIANCES Budget Actual Variance Actual Actual % Salaries S 280.2 $ 235.7 $ 44.5 S 215.1 S 0.6 0.3 i Fringe Benefits 97.4 81.5 15.9 86.1 (4.6) (5.3) Operating Expenses 172.1 154.3 17.7 141.6 12.7 9.0 Capital Outlay 9.6 8.5 1.1 7.0 13 21.4 (rases 4.4 4.3 0.2 4.1 02 3.8 Debt Service 50.5 49.5 1.0 47.8 1.7 3.6 Trans fers to Schools 422.0 386.6 35.5 377.4 9.2 2.4 Transfer to Schools Reserve Fund 10.0 8.8 1.2 69 1.9 27.7 Transfers to Capital Projects 28.2 26.1 • 2.1 32.6 (6.5) (200) Transfers to SherifDepanment 23.2 21.3 1.9 18.8 23 132 Transfer to Waste Management 10.1 9.2 0.8 4.7 43 96.3 Trans fes to Other Areas 15.5 14.5 1.0 11.8 27 23.2 Reserve for Contingencies 0.5 - 0.5 _ S 1,123.8 5 1,000.4 5 123.4 5 973.9 5 265 2.7 Percent of Budget 8906/. June 20, 2017 27 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) 1,R1 g • enera un• •evenues . _. , Expenditures Comparison 100% 89.0%#0.4:C':" 81.4% El 82. Y 80% - _ 73.9%.. c 66.7% • 58.7 ��° 50.9'. 55.9% - r 43.349.0% r ° 45.2% 26.2% 18.8 20% 11.' 8.0% 13.6% 2.2% 4.0% 0% Jul Aug Sep Oct Nov Dec Jen Feb Mar Apr -x-%of FY17 Exp Budget t%of FY17 Rev Bu Below is the Projected FY2017 Fund Balance: Projected FY17 Fund Balance Unassigned GF Fund Balance FY17 ► Projected - $115 - 120M ►FY18 GF Revenues E $1,127.6M Projected 10.37% 8-9% 1-72% June 20, 2017 28 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL REPORT ITEM#67144 (Continued) Below are the Next Steps: Next Steps End of Fiscal Year 2017 ..:.:..:..,.:.:.:.:.:.:.:.:.:...:..::.:... August 11, 2017 Unaudited FY17 Financials October 2017 Audited FY17 Financials D- - .-r2017 Mayor Sessoms thanked Ms. Phillips and her entire Team for their continued hard work. June 20, 2017 29 CITY COUNCIL COMMENTS ITEM#67145 4:57P.M. Councilman Dyer attended the screening of "Fallen" and expressed his appreciation to Former Chief Jacocks for the invitation to watch such a powerful film. Councilman Dyer stated the City is fortunate to have such outstanding First Responder personnel. The City continues to "talk about" salary compression for not only the First Responders but City employees as a whole. Mr. Dyer feels the time of rhetoric is past and it is now time for action. June 20, 2017 30 CITY COUNCIL COMMENTS ITEM#67146 (Continued) Councilman Moss expressed his concern regarding the Town Hall Public Information process during the Summer and feels it is not a good time to engage the public. Councilman Moss recalls the City Council agreeing to schedule a "workshop" to discuss whether the City Council wants to consider the relocation of City Hall. Councilman Dyer echoed Councilman Moss' comments; however, he feels it is important to get information to the public and why the first Town Hall meeting is scheduled for this next Monday, June 26`h. The initial meeting is to let the public know what the problems are in the current City Hall. Mayor Sessoms agreed with the comments and wanted to get the information regarding the problems that exist in City Hall to the public as quickly as possible. City Manager Hansen advised a Video is being created to show the public what problems exist in City Hall. Mayor Sessoms advised he would like to see an RFP be prepared and see how much, if any, interest is generated. He feels an RFP might be better for the City. Councilman Moss feels it is important to discuss and decide if there are six (6) Council Members that would consider moving City Hall from the Municipal Complex and, if not, then take that off the discussion table. He,for one, is not interested in moving City Hall anywhere else in the City. Councilman Dyer feels it will be good to gauge the public's viewpoint at next Monday's Town Hall and he suggested City Council reserve some time at the following Tuesday's Workshop to discuss the results of the first Public Meeting. June 20, 2017 31 CITY COUNCIL COMMENTS ITEM#67147 (Continued) Councilman Dyer received a phone call a few weeks ago from Animal Rights folks expressing concern for some ducklings that were unable to get out of the water at Kemps Landing Park. After a phone call to the City, he is happy to report a permanent ramp was constructed for$80.00 to help the ducklings enter and exit the water. June 20, 2017 32 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67148 5:09 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §5-520, 5-521, 5-524, and 5-527 re dangerous and vicious dogs b. §12-27 re authority of the Fire Chief or other Officer in charge, during an emergency incident c. §23-8 re calling Ambulance or Firefighting apparatus without cause and§23-8.3 re reimbursement of expenses incurred in responding to emergencies d. §35-136 and§143.1 re meal taxes re "off-premises consumption" e. §35-169 to provide Short-Term Rental Registry and direction to the Commissioner of the Revenue in the collection of information from operators f §35-66 re Elderly and Disabled Tax Relief application extensions g. ADD §18-108.1 re Church and Non-Profit fundraising activities 2. Ordinance to AMEND the City's Open Air Cafe Franchise Regulations 3. Ordinance to GRANT F&B, LLC. Franchise Agreements re Open Air Cafes in the Resort Area District 6—BEACH a. Connector Park Cafe b. Boardwalk Cafe 4. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging(SSD)and AUTHORIZE the REFUND of Levies—District 5, LYNNHAVEN 5. Ordinance to DECLARE EXCESS City Property at 1428 Southern Boulevard and AUTHORIZE the City Manager to sell same to Jon W.Dobbs-District 6, BEACH 6. Ordinance to AUTHORIZE execution of a Lease of City-owned farm land with Dawley Family Farms,LLC-District 7, PRINCESS ANNE: a. 2400-2500 Tournament Drive (Ballfield Farm) b. 2848 Indian River Road(School Farm) 7. Ordinance to APPOINT Viewers to view each streets or alleys proposed to be closed 8. Resolution OPPOSING offshore oil and gas exploration, including Seismic testing 9. Resolution to AMEND City Council Resolution 03612 to recoup certain expenses related to special events 10. Resolution to DIRECT the City Manager to undertake a traffic noise evaluation along Northampton Boulevard and report findings to the Virginia Department of Transportation (VDOT); and, if needed; the Commonwealth Transportation Board shall fund the noise abatement—District 4, BAYSIDE June 20, 2017 33 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67148 (Continued) 11. Ordinances to ACCEPT,APPROPRIATE or TRANSFER: a. $336,375 from Sheriffs office Special Revenue Fund to their FY 2016-17 Operating Budget re leave payouts b. $150,000 to the Sheriffs office and AUTHORIZE expansion of the in- house Fresh Inmate Meals Program c. $25,000 State funds to Human Services for Opioid Prevention, Treatment and Recovery d. $26,760 State funds to Human Services for a Gap Analysis of Adult Outpatient Same Day Access e. $70,000 State funds to Human Services for Peer Support Services (Homelessness Transition) MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3a/h ITEM#4 WILL BE DEFERRED INDEFINITELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCILMAN MOSS WILL ABSTAIN ON ITEM#8 ITEM#10 WILL BE CONSIDERED SEPARATELY June 20, 2017 34 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67148 (Continued) K PLANNING 1. TITAN INVESTMENT GROUP,INC.for a Subdivision Variance to§4.4(b)and (d)of the Subdivision Regulations re duplexes at 5024 Bonney Road and adjacent parcels DISTRICT 4—BAYSIDE 2. AD VENTURE WORKS,INC. and KOA,INC. for a Modification of Conditions re outdoor recreation at 1252 and 1304 Prosperity Road DISTRICT 6—BEACH 3. OCEAN BAY HOMES,INC.for a Special Exemption Alternative Compliance re Row Housing at 314, 316, and 318 30`h Street and 2905 Arctic Avenue DISTRICT 6 —BEACH 4. CONNIE L.HIEBERT/CONNIE and ANTHONY HIEBERT for a Conditional Use Permit re a home based wildlife rehabilitation at 2905 Bamberg Place DISTRICT 3—ROSE HALL 5. Ordinance to AMEND§111, 203, 230, 901, and 1001 of the City Zoning Ordinance (CZO) and §5.2 of the Ocean Front Resort Form-Based Code re parking requirements, conditional requirements and the establishment as a conditional use in the Business, Industrial and Oceanfront Resort Form-Based Code Districts of Craft Wineries 6. Ordinance to AMEND the 2016 Comprehensive Plan Policy document to reference and identify Seapines Station and to AMEND the Reference Handbook to ADD the Voluntary Design Guidelines for Seapines Station in reference to design components ITEM#1 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 June 20, 2017 35 ITEM#67149 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: SECURITY MATTERS: Discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure pursuant to Section 2.2-3711(A)(19) PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees June 20, 2017 36 ITEM#67149 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:12 P.M. Voting: 8-0 Council Members Voting Aye: 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 and James L. Wood Council Members Absent: Jessica P.Abbott Shannon DS Kane Rosemary Wilson stepped out (Break 5:12 P.M. - 5:20 P.M.) (Closed Session 5:20 P.M. - 5:55 P.M.) June 20, 2017 37 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 20, 2017 6:00 P.M. Mayor Sessoms called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,June 20, 2017, at 6:00 P.M Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane INVOCATION: Reverend Sidney L. Davis Saint James Missionary 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. June 20, 2017 38 Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. June 20, 2017 39 Item—V-E CERTIFICATION ITEM#67150 Upon motion by Councilman Dyer, seconded by Councilman Wood, 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: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 o1a,'BE40 O J OF 0o N0'O4S 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#67149 Page 36 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ' •th Hodges Fraser,MMC City Clerk June 20,2017 40 Item -V-F MINUTES ITEM#67151 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 6, 2017. Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 41 ADOPT AGENDA FOR FORMAL SESSION ITEM#67152 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 20, 2017 42 Item- V-H.1 MAYOR'S PRESENTATION ITEM#67153 TIDEWATER BUILDER'S ASSOCIATION SCHOLARSHIP AWARDS Fred Napolitano,II,past TBA President and Chair of the TBA Scholarship Foundation Mayor Sessoms introduced and welcomed Fred Napolitano, II, past TBA President and Chair of the Tidewater Builders Association Scholarship Foundation. Since 1965, the Foundation has awarded 483 scholarships totaling$1.85-Million, and in Virginia Beach alone, $814,400 to 237 students. Mayor Sessoms introduced and congratulated this year's scholarship recipients: $5,000 ACADEMIC AWARD Bhavik Patel of Ocean Lakes High School—Howard and Nancy Weisberg Scholarship David Scherrer of Cox High School— The First Richard D. Guy Scholarship YOUNG DESIGNERS'SCHOLARSHIP COMPETITION Gauge DiCenso of Landstown High School-$1,500 Nash Euman of Landstown High School-$1,200 Not in attendance Jack Troxell of the Advanced Technology Center- $800 Lucas Tasayco of Landstown High School-$500 Mayor Sessoms expressed his sincere appreciation to the Foundation for their support of these young people in the education and, ultimately, the City of Virginia Beach. June 20, 2017 43 Item - V-L1 PUBLIC HEARING ITEM#67154 Mayor Sessoms DECLARED A PUBLIC HEARING: FRANCHISE AGREEMENTS: a. 2701 Atlantic Avenue for 27`"F&B LLC, t/a Ocean 27 Cafe for a Boardwalk Cafe and a Connector Park Cafe—District 6 BEACH There being no speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING June 20, 2017 44 Item - V-I.2 PUBLIC HEARING ITEM#67155 Mayor Sessoms DECLARED A PUBLIC HEARING: MODIFY Hurd's Cove Neighborhood Dredging project(SSD) District 5 YNNHAVEN There being no speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING June 20, 2017 45 Item- V-I.2 PUBLIC HEARING ITEM#67156 Mayor Sessoms DECLARED A PUBLIC HEARING: DECLARE EXCESS City Property at 1428 Southern Boulevard District 6 BEACH There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 20, 2017 46 Item - V-L4 PUBLIC HEARING ITEM#67157 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE of City Property to Dawley Family Farms, LLC District 7 PRINCESS ANNE: a. 2848 Indian River Road b. 2400-2500 Tournament Drive There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 20, 2017 47 Item - V-J ORDINANCES/RESOLUTIONS ITEM#67158 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items la/b/c/d/e/f/g, 2(MAYOR SESSOMS ABSTAIN), 3a/b(MAYOR SESSOMS ABSTAIN), 4(DEFERRED INDEFINITELY), 5(MAYOR SESSOMS ABSTAIN), 6a/b, 7, 8(COUNCILMAN MOSS ABSTAIN), 9 and lla/b/c/d/e Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 48 Item -V-Ila ORDINANCES/RESOLUTIONS ITEM#67159 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. §5-520, 5-521, 5-524, and 5-527 re dangerous and vicious dogs Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 520, 5-521, 5-524, AND 5-527 OF THE CITY 3 CODE PERTAINING TO DANGEROUS AND 4 VICIOUS DOGS 5 6 SECTIONS AMENDED: §§ 5-520, 5-521, 5- 7 524, AND 5-527 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That sections 5-520, 5-521, 5-524, and 5-527 of the Code of the City of Virginia 13 Beach, Virginia, are hereby amended and ordained to read as follows: 14 15 Sec. 5-520. - Definitions, as used in this division. 16 17 (a) "Dangerous dog" means: 18 11 A canine or canine crossbreed that has bitten, attacked, or inflicted injury 19 on a perms, on or companion animal that is a dog or cat; or killed a 20 companion animal that is a dog or cat. -- - - - -- - - - - -• - - 21 companion animal that-is a dog or cat, the attacking or biting dog shall not 22 be-deemed ed A canine or canine crossbreed is not a dangerous doq if, upon 23 investigation, a law-enforcement officer or animal control officer finds that; 24 (i) if—no serious physical injury as determined by a licensed veterinarian 25 has occurred to the dog or cat as a result of the attack or bite; (ii) if-both 26 animals are owned by the same person; or (iii) if—such attack occurs 27 occurred on the property of the attacking or biting dog's owner or 28 custodian; or(iv) for other good cause as determined by the court. 29 2). A canine or canine crossbreed that has bitten, attacked or inflicted injury 30 on a person. A canine or canine crossbreed is not a dangerous dog if, 31 upon investigation, a law-enforcement officer or animal control officer finds 32 that the injury inflicted by the canine or canine crossbreed upon a person 33 consists solely of a single nip or bite resulting only in a scratch, abrasion, 34 or other minor injury. 35 No dog shall be found to be a dangerous dog as a result of biting, attacking, or 36 inflicting injury on a dog or cat while engaged with an owner or custodian as part of 37 lawful hunting or participating in an organized, lawful dog handling event. No dog 38 shall be found to be a dangerous dog if the court determines, based upon the totality 39 of the evidence before it, or for other good cause, that the dog is not dangerous or a 40 threat to the community. 41 (b) "Vicious dog" means a canine or canine crossbreed that has: (i) killed a person; (ii) 42 inflicted serious injury to a person, serious disfigurement, serious impairment of 43 health, or serious impairment of a bodily function; or (iii) continued to exhibit the 44 behavior that resulted in a previous finding by a court or, on or before July 1, 2006, 45 by an animal control officer as authorized by ordinance, that it is a dangerous dog, 46 provided that its owner has been given notice of that finding. 47 (c) "Serious injury" means an injury having a reasonable potential to cause death or any 48 injury other than a sprain or strain, including serious disfigurement, serious 49 impairment of health, or serious impairment of bodily function and requiring 50 significant medical attention. 51 Sec. 5-521. - Enforcement procedures—Dangerous dogs. 52 53 (a) Any law enforcement officer or animal control officer who has reason to believe that 54 a canine or canine crossbreed within the city is a dangerous dog shall may apply to 55 a magistrate for the issuance of a summons requiring the owner or custodian, if 56 known, to appear before the general district court at a specified time. The summons 57 shall advise the owner of the nature of the proceeding and the matters at issue. If a 58 law-enforcement officer successfully makes an application for the issuance of a 59 summons, he shall contact the bureau of animal control and inform them of the 60 location of the dog and the relevant facts pertaining to his belief that the dog is 61 dangerous. 62 (b) An animal control officer shall confine the animal until such time as evidence shall 63 be heard and a verdict rendered. If the animal control officer determines that the 64 owner or custodian can confine the animal in a manner that protects the public 65 safety, he may permit the owner or custodian to confine the animal until such time 66 as evidence shall be heard and a verdict rendered. However, whenever an owner or 67 custodian of an animal found to be a dangerous dog is charged with a violation of 68 sections 5-524, 5-525, or 5-526, the animal control officer shall confine the 69 dangerous dog until such time as evidence shall be heard and a verdict rendered. 70 The court, through its contempt powers, may compel the owner, custodian or 71 harborer of the animal to produce the animal. 72 (c) If, after hearing the evidence, the court finds that the animal is a dangerous dog, the 73 court shall order the animal's owner to comply with the provisions of this section. 74 The court, upon finding the animal to be a dangerous dog, may order the owner, 75 custodian, or harborer thereof to pay restitution for actual damages to any person 76 inured by the animal or whose companion animal was injured or killed by the 77 animal. The court, in its discretion, may also order the owner to pay all reasonable 78 expenses incurred in caring and providing for such dangerous dog from the time the 79 animal is taken into custody until such time as the animal is disposed of or returned 80 to the owner. The procedure for appeal and trial shall be the same as provided by 81 law for misdemeanors. Trial by jury shall be as provided in the Code of Virginia, 82 Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall 83 be required to prove its case beyond a reasonable doubt. 84 Sec. 5-524. - Registration procedures—Dangerous dogs. 85 86 (a) The owner of any animal found to be a dangerous dog shall, within forty five (45) 87 thirty (30) days of such finding, obtain a dangerous dog registration certificate from 88 the bureau of animal control for a fee of one hundred and fifty dollars ($150.00), in 89 addition to other fees that may be authorized by law. The bureau of animal control 90 shall also provide the owner with a uniformly designed tag that identifies the animal 91 as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure 92 that the animal wears the collar and tag at all times. By January 31 of each year, 93 until such time as the dangerous dog is deceased, all certificates obtained pursuant 94 to this subsection shall be updated and renewed for a fee of eighty-five dollars 95 ($85.00) and in the same manner as the initial certificate was obtained. The animal 96 control officer shall post registration information on the Virginia Dangerous Dog 97 Registry. 98 (b) All dangerous dog registration certificates or renewals thereof required to be 99 obtained under this section shall only be issued to persons eighteen (18) years of 100 age or older who present satisfactory evidence: (i) of the animal's current rabies 101 vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) 102 that the animal is and will be confined in a proper enclosure or is and will be 103 confined inside the owner's residence or is and will be muzzled and confined in the 104 owner's fenced-in yard until the proper enclosure is constructed. In addition, owners 105 who apply for certificates or renewals thereof under this section shall not be issued 106 a certificate or renewal thereof unless they present satisfactory evidence that: (i) 107 their residence is and will continue to be posted with clearly visible signs warning 108 both minors and adults of the presence of a dangerous dog on the property; and (ii) 109 the animal has been permanently identified by means of electronic implantation. All 110 certificates or renewals thereof required to be obtained under this section shall only 111 be issued to persons who present satisfactory evidence that the owner has liability 112 insurance coverage, of at least one hundred thousand dollars ($100,000.00), that 113 covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of 114 liability insurance, to the value of at least one hundred thousand dollars 115 ($100,000.00). 116 (c) The owner shall cause the Bureau of Animal Control to be promptly notified of: (i) 117 the names, addresses, and telephone numbers of all owners; (ii) all of the means 118 necessary to locate the owner and the dog at any time; (iii) any complaints or 119 incidents of attack by the dog upon any person or cat or dog; (iv) any claims made 120 or lawsuits brought as a result of any attack; (v) chip identification information; (vi) 121 proof of insurance or surety bond; and (vii) the death of the dog. 122 (d) All fees collected pursuant to this section, less the costs incurred for producing and 123 distributing the certificates and tags, and less the fees due to the State Veterinarian 124 for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a fund 125 for the purpose of paying the expenses of training courses required under Code of 126 Virginia § 3.2-6556. 127 Sec. 5-527. - Penalty—Dangerous dogs. 128 129 (a) The owner of any animal that has been found to be a dangerous dog who willfully 130 fails to comply with the requirements of this division is guilty of a Class 1 131 misdemeanor. 132 (b) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of 133 a: 134 (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a 135 dangerous dog pursuant to this division, when such declaration arose out of a 136 separate and distinct incident, attacks and injures or kills a cat or dog that is a 137 companion animal belonging to another person; or 138 (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a 139 dangerous dog pursuant to this division, when such declaration arose out of a 140 separate and distinct incident, bites a human being or attacks a human being 141 causing bodily injury. 142 (c) Upon conviction, the court may (i) order the dangerous dog to be disposed of 143 pursuant to Code of Virginia § 3.2-6562 or (ii) grant the owner up to 45 thirty (30) 144 days to comply with the requirements of this section, during which time the 145 dangerous dog shall remain in the custody of the animal control officer until 146 compliance has been verified. If the owner fails to achieve compliance within the 147 time specified by the court, the court shall order the dangerous dog to be disposed 148 of pursuant to Code of Virginia § 3.2-6562. The court, in its discretion, may order 149 the owner to pay all reasonable expenses incurred in caring and providing for such 150 dangerous dog from the time the animal is taken into custody until such time that 151 the animal is disposed of or returned to the owner. 152 153 This ordinance is effective July 1, 2017. 154 155 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 70 r h 156 day of June , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 24, i4d0 Chief James Cervera Elizab Bradley DeJar tte Police Department City A orney's Office CA14084 R-2 June 12, 2017 VIRGINIA ACTS OF ASSEMBLY -- 2017 SESSION CHAPTER 396 An Act to amend and reenact§3.2-6540 of the Code of Virginia, relating to dangerous dogs. [H 2381] Approved March 13, 2017 Be it enacted by the General Assembly of Virginia: 1. That §3.2-6540 of the Code of Virginia is amended and reenacted as follows: §3.2-6540. Control of dangerous dogs; penalties. A. As used in this section: "Dangerous dee means a, "dangerous dog" means: 1. A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person er companion animal that is a dog or cat; or killed a companion animal that is a dog or cat. When a deg attacks Of bites a companion animal that is a deg of cat, the attacking Of biting deg shall net be deemed A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law-enforcement officer or animal control officer finds that (i) if no serious physical injury, as determined by a licensed veterinarian, has occurred to the dog or cat as a result of the attack or bite; (ii) i-f both animals are owned by the same person; or (iii) if such attack &sets occurred on the property of the attacking or biting dog's owner or custodian; or (iv) ler ether good cause as determined by the court 2. A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law-enforcement officer or animal control officer finds that the injury inflicted by the canine or canine crossbreed upon a person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. B. No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. No dog that has bitten, attacked, Of inflicted injufy en a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community. B C. Any law-enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog shad may apply to a magistrate serving the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this section. The court, upon finding the animal to be a dangerous dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt. D. No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. E. No animal shall be found to be a dangerous dog if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or 2 of 3 custodian's property, shall be found to be a dangerous dog. ID, F. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. E, G. The owner of any animal found to be a dangerous dog shall, within 4-5 30 days of such finding, obtain a dangerous dog registration certificate from the local animal control officer or treasurer for a fee of $150, in addition to other fees that may be authorized by law. The local animal control officer or treasurer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this subsection shall be updated and renewed for a fee of $85 and in the same manner as the initial certificate was obtained. The animal control officer shall post registration information on the Virginia Dangerous Dog Registry. H. All dangerous dog registration certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (a) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (b) the animal has been permanently identified by means of electronic implantation. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000, that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000. 6. I. While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. While so confined within the structure, the animal shall be provided for according to § 3.2-6503. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. 1=h J. The owner shall cause the local animal control officer to be promptly notified of(i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) chip identification information; (vi) proof of insurance or surety bond; and (vii) the death of the dog. 4- K. After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, cause the local animal control authority to be notified if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; or (iii) is sold, is given away, or dies. Any owner of a dangerous dog who relocates to a new address shall, within 10 days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved. J: L. Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a: 1. Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; 2. Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; or 3. Class 6 felony if any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to any person. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. I M. The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this section is guilty of a Class 1 misdemeanor. Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this section, the animal control officer shall confine the dangerous dog until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the 3 of 3 owner, custodian, or harborer of the animal to produce the animal. Upon conviction, the court may (i) order the dangerous dog to be disposed of by a local governing body pursuant to § 3.2-6562 or (ii) grant the owner up to 45 30 days to comply with the requirements of this section, during which time the dangerous dog shall remain in the custody of the animal control officer until compliance has been verified. If the owner fails to achieve compliance within the time specified by the court, the court shall order the dangerous dog to be disposed of by a local governing body pursuant to § 3.2-6562. The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner. 1.7 N. All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this section and fees due to the State Veterinarian for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under § 3.2-6556. MT 0. The governing body of any locality may enact an ordinance parallel to this statute regulating dangerous dogs. No locality may impose a felony penalty for violation of such ordinances. 49 Item -V-J.l b ORDINANCES/RESOLUTIONS ITEM#67160 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: b. §12-27 re authority of the Fire Chief or other Officer in charge, during an emergency incident Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO AMEND SECTION 12-27 2 OF THE CITY CODE PERTAINING TO THE 3 AUTHORITY OF FIRE CHIEF OR OTHER 4 OFFICER IN CHARGE OF EMERGENCY 5 INCIDENT 6 7 SECTION AMENDED: § 12-27 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 12-27 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and ordained to read as follows: 14 15 Sec. 12-27. - Authority of chief or other officer in charge when answering alarm or 16 extinguishing fire. 17 18 (a) While the fire department or any volunteer fire company in the city is in the process 19 of answering an alarm of fire or operating at an emergency incident where there is 20 imminent danger or the actual occurrence of fire or explosion or the uncontrolled 21 release of hazardous materials which threaten life or property and retuming to the 22 station, the fire chief or other officer in charge of such department or company at 23 that time shall have the authority to maintain order at the emergency incident or its 24 vicinity, including the immediate airspace, direct the actions of the firefighters at the 25 incident, keep bystanders or other persons at a safe distance from the incident and 26 emergency equipment, facilitate the speedy movement and operation of emergency 27 equipment and firefighters, cause an investigation to be made of the origin and 28 cause of the incident and, until the arrival of a police officer, direct and control 29 traffic, in person or by deputy, and facilitate the movement of traffic. The fire chief or 30 other officer in charge shall display his firefighter's badge or other proper 31 identification. Notwithstanding any other provision of law, this authority shall extend 32 to the activation of traffic-control signals designated to facilitate the safe egress and 33 ingress of emergency equipment at a fire station. 34 (b) Any person refusing to obey the orders of the fire chief or his deputies or other 35 officer in charge at the time, given pursuant to this section, shall be guilty of a Class 36 4 misdemeanor. The fire chief or other officer in charge shall have the power to 37 make arrests for violation of the provisions of this section. 38 The effective date of this ordinance is July 1, 2017. 39 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 20th 40 day of June 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c)f 6.-i ' " i15 V08199y :l Chief David W. Hutcheson ElizBradley DeJette Fire Department City "7 orney's Office CA14083 R-1 June 8, 2017 50 Item -V-11c ORDINANCES/RESOLUTIONS ITEM#67162 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: c. §23-8 re calling Ambulance or Firefighting apparatus without cause and§23-8.3 re reimbursement of expenses incurred in responding to emergencies Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO AMEND SECTION 23-8 2 OF THE CITY CODE PERTAINING TO 3 CALLING AMBULANCE OR FIREFIGHTING 4 APPARATUS WITHOUT CAUSE AND 5 SECTION 23-8.3 OF THE CITY CODE 6 PERTAINING TO REIMBURSEMENT OF 7 EXPENSES 8 9 SECTIONS AMENDED: §§ 23-8 and 23-8.3 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 23-8 and 23-8.3 of the Code of the City of Virginia Beach, Virginia, 15 are hereby amended and ordained to read as follows: 16 17 Sec. 23-8. - Calling ambulance or firefighting apparatus without cause; malicious 18 activation of fire alarm in public building. 19 20 Any person who, without just cause therefor, calls or summons, by telephone or 21 otherwise, any ambulance or firefighting apparatus, or any person who maliciously 22 activates a manual or automatic fire alarm in any building 23 for other public use including, but not limited to, schools, thcters, stores, offisc 24 _ .' _ • _ _ _ _ _ _ • - - "e _ , -e _- . _ • . _ - _ , regardless of whether fire 25 apparatus respond or not, shall be guilty of a Class 1 misdemeanor. 26 . . . . 27 28 Sec. 23-8.3. - Reimbursement of expenses incurred in responding to terrorism 29 hoax incident. 30 Any person who is convicted of a violation of Virginia Code § 18.2-46.6 subsection B or 31 C when his violation of such section is the proximate cause of any incident resulting in 32 an appropriate emergency response, shall be liable at the time of sentencing or in a 33 separate civil action, to the city, to any volunteer rescue squad, or both, which may 34 provide such emergency response for the reasonable expense thereof, in an amount 35 not to exceed ene-thousand two thousand five hundred dollars ($1,000.00) ($2,500.00) 36 in the aggregate for a particular incident occurring in the city. In determining the 37 "reasonable expense," the city may bill a flat fee of two hundred fifty dollars ($250.00) or 38 a minute-by-minute accounting of the actual costs incurred. As used in this section, 39 "appropriate emergency response" includes all costs of providing law-enforcement, fire- 40 fighting, rescue and emergency medical services. The provisions of this section shall 41 not preempt or limit any remedy available to the commonwealth, to the city or to any 42 volunteer rescue squad to recover the reasonable expenses of an emergency response 43 to an incident not involving a terroristic hoax as set forth herein. 44 The effective date of this ordinance is July 1, 2017. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 20th day of June , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (t 4A/L - Chief David W. Hutcheson Eliza th Bra ley DeJ nette Fire Department City orney's Office CA14063 R-3 June 12, 2017 51 Item-V-J.ld ORDINANCES/RESOLUTIONS ITEM#67163 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: d. §35-136 and§143.1 re meal taxes re "off-premises consumption" Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO AMEND SECTIONS 35-136 2 AND 143.1 OF THE CITY CODE PERTAINING TO 3 MEALS TAXES 4 5 Sections Amended: §§ 35-136 and 35-143.1 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. That Sections 35-136 and 35-143.1 of the Code of the City of Virginia Beach, 11 Virginia, is hereby amended and reordained as follows: 12 13 Sec. 35-136. - Definitions. 14 15 .... 16 17 Food establishment means any place in or from which food or food products are 18 prepared, packaged, sold or distributed in the city, including, but not limited to, any 19 restaurant, dining room, grill, coffee shop, cafeteria, café, snack bar, lunch counter, 20 movie theater, delicatessen, confectionery, bakery, eating house, eatery, drugstore, ice 21 cream or yogurt shop, lunch wagon or truck, pushcart or other mobile facility from which 22 food is sold, public or private club, resort, bar, brewery, winery, distillery, lounge, or 23 other similar establishment, public or private. The term "food establishment" shall 24 include private property outside of and contiguous to a building or structure operated as 25 a food establishment at which food is sold for immediate consumption. 26 27 .... 28 29 Sec. 35-143.1. - Willful failure to file returns or collect or truthfully account for tax. 30 31 (a) Any corporate, partnership or limited liability company officer who willfully fails to 32 pay, collect, or truthfully account for and pay over the tax imposed under this article, or 33 willfully attempts in any manner to evade or defeat any such tax or the payment thereof, 34 shall, in addition to other penalties imposed by law, be liable for a penalty of the amount 35 of tax evaded or not paid, collected, or accounted for and paid over, to be assessed and 36 collected in the same manner as such taxes are assessed and collected. 37 38 (b) Any corporate, of partnership or limited liability company officer as defined in this 39 section, or any other person required to collect, account for, or pay over the tax imposed 40 under this article, who willfully fails to collect or truthfully account for such tax, or who 41 willfully evades, or attempts to evade such tax, shall, in addition to any other penalties 42 imposed by law, be guilty of a Class 1 misdemeanor. 43 44 (c) The term "corporate, partnership or limited liability company officer" as used in this 45 section means an officer or employee of a corporation, a member or employee of a 46 partnership or a member, manager or employee of a limited liability company who, as 47 such officer, employee, member or manager, is under a duty to perform on behalf of the 48 corporation, partnership or limited liability company the act in respect of which the 49 violation occurs and who (i) had actual knowledge of the failure or attempt as set forth 50 herein, and (ii) had authority to prevent such failure or attempt. 51 52 2. That this ordinance is declarative of existing law. Adopted by the Council of the City of Virginia Beach, Virginia on the 2othday of June 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iA1 p_ ommissi•Rqi f Revenue Ci or 's • ice CA13765 R-1 June 1, 2017 52 Item -V-J.1e ORDINANCES/RESOLUTIONS ITEM#67164 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: e. 5C 35-169 to provide Short-Term Rental Registry and direction to the Commissioner of the Revenue in the collection of information from operators Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO AMEND SECTION 35-169 OF THE 2 CITY CODE TO PROVIDE A SHORT-TERM RENTAL 3 REGISTRY AND TO PROVIDE DIRECTION TO THE 4 COMMISSIONER OF THE REVENUE IN THE 5 COLLECTION OF INFORMATION FROM OPERATORS 6 7 SECTION AMENDED: § 35-169 8 9 WHEREAS, Chapter 741 of the 2017 Acts of Assembly requires reworking the 10 registration requirements for certain short-term rental activities within the City; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That Section 35-169 is hereby amended and reordained to read as follows: 16 17 Section 35-169. Short-Term Rental Registry 18 - - • - - . - - • ; - - • ; - • - - - -. - . - - . 19 20 ) For purposes of this section only: 21 1. "Operator" means the proprietor of any dwelling, lodging, or sleeping 22 accommodations offered as a short-term rental, whether in the capacity of 23 owner, lessee, sublessee, mortgagee in possession, license, or any other 24 possessory capacity; 25 2. "Short-term rental" means the provision of a room or space that is suitable 26 or intended for occupancy for dwelling, sleeping, or lodging purposes, for 27 a period of fewer than 30 consecutive days, in exchange for a charge for 28 the occupancy. 29 30 An operator of a short-term rental is required to register with the commissioner of the 31 revenue annually. The registration shall be ministerial in nature and shall require 32 operators to provide the complete name of the operator and the address of each 33 property in the City offered for short-term rental by the operator. 34 35 For purposes of defraying the costs of establishing and maintaining the registry set 36 forth in subsection (b), the commissioner of the revenue shall collect a fee of fifty 37 dollars ($50.00). The commissioner of the revenue shall track the costs associated 38 with establishing and maintaining the registry, and through the annual budget 39 process, the commissioner may request the fee be adiusted to reflect such actual 40 costs. 41 42 Registration is not required if the operator or short-term rental is exempted from 43 registration by § 15.2-983(B)(2) of the Code of Virginia. 44 45 ) The penalty for offering a property for short-term rental that is not registered in 46 accordance with this section shall be a penal fine of five hundred dollars ($500.00) 47 per violation. Each day a property is offered for short-term rental that is not 48 registered in accordance with this section is a separate violation. 49 50 Unless and until an operator pays a penalty authorized by this section and registers 51 such property, the operator may not offer such property for short-term rental. 52 53 ) Upon repeated violations of this section as it relates to a specific property, an 54 operator may be prohibited from registering and offering that property for short-term 55 rental. Notice of such prohibition shall be sent to the specific property, and a copy 56 may be provided to an alternate address if the commissioner believes such alternate 57 address is the residence of the operator. The notice of prohibition is effective on the 58 date received or three business days after mailing by the commissioner of the 59 revenue, whichever is sooner. 60 61 (h) An operator may be prohibited from offering a specific property for short-term rental 62 in the City upon conviction of three or more violations of one or more state or local 63 laws, ordinances, or regulations that relate to the short-term rental. The notice of 64 prohibition shall be sent in the same manner as the notice described in subsection q. 65 66 - - - - - - - - - - - - - e • - - - - - - - - • - • • . -' - - 67 68 - - - - - - - - - - - - - - - - - - 69 article. For lodging places that arc registered for remittance of transient occupancy 70 _ - -- . .. _ - _ - - - - - - • _ _ _ - - - '--71 - - - - - - ' - - - • ' - - - '- -' - .. _ . -- - - - - 72 73 - eee - e - - e e • - - - - - • - - - - - - - • - - - - -- . 74 -- - - - - - - - - -' • - - - - -- - • - - - - - -' - - - - - - 75 occupancy taxes collected and held in trust for the city upon the occurrence of either 76 of the following events: 77 78 1. The failure to register such business with the commissioner for collection and 79 - - - - - - - - 80 2. The failure to remit transient occupancy taxes as required by this article. 81 82 (c) The bond, including the corporate surety thereon, required by subsection (b), shall 83 be in a form deemed satisfactory to the city attorney. The bond shall be in an 84 amount of one thousand dollars ($1,000) and shall be in force until the one year 85 _ - - - -' - - - - • - - 86 87 - • - -- - -- •_ _ _ - -- - - -- - -- - - - . - -- . - - - . 88 credit in lieu of the bond required by this section, provided that the letter or bond 89 - - - - - - - - - - - - -' - - 90 91 (e)A lodging place or other place offering lodging to transients that fails, after 30 days 92 - --•-e • - .. -- - - - - -' - •• - • - - - - • - - - - - - . _ _ .. - ---- ' - 93 forth in this section shall be subject to a penal fine of one thousand dollars ($1,000). 94 95 transient occupancy taxes provided by this article or the Code of Virginia. For 96 purposes of the 30 days set forth in this subsection, such notice is effective on the 97 date received or three business days after mailing by the commissioner of the 98 revenue, whichever is sooner. 99 100101 -- - - - _ .. - -- - - - - - - - - - - - -- - - - - 102 - - - - - -- . - - - -- - - - - - - - - - -' - - - - •103 obtain a bond. 104 105 .. - - - - - - - - - _ - - - 106 the revenue if the commissioner of the revenue finds good cause for such extension 107 - • - - - - - - - - .. _ _ - _ _ . _• - _ 108 exceed thirty days. 109 110 2. The Commissioner of the Revenue is directed to request contact information from 111 each operator of a short-term rental that includes a person or agent designated to 112 respond to calls or complaints received by the City's 311 Service. Such person or 113 agent should be able to respond to such calls by providing in-person assistance and 114 remediation within 30 minutes of such call for service or assistance. 115 116 3. The Commissioner of the Revenue shall monthly report to the Department of 117 Planning the registry information and a list of those operators of a short-term rental 118 that decline to provide the information described in Section 2. The Department of 119 Planning shall provide such information to the Planning Commission to assist in the 120 development of appropriate land use controls for short-term rentals. 121 122 4. The effective date of this ordinance is July 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of T„n P 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I Commissioner o th11; enue City A - ey'- 0 ic- CA14054 R-3 June 8, 2017 53 Item -V-.1.1f ORDINANCES/RESOLUTIONS ITEM#67165 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: f §35-66 re Elderly and Disabled Tax Relief application extensions Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO AMEND SECTION 35-66 2 OF THE CITY CODE REGARDING ELDERLY 3 AND DISABLED TAX RELIEF APPLICATION 4 EXTENSIONS 5 6 SECTION AMENDED: § 35-66 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 35-66 is hereby amended to the Code of the City of Virginia Beach, 12 Virginia to read as follows: 13 14 Sec. 35-66. - Application for exemption; certificate of disability. 15 16 (a) Each person (or persons) claiming an exemption or freeze under this division shall 17 file a real estate tax exemption/freeze affidavit or written statement with the city 18 manager. The affidavit or written statement shall be filed between January 1 and June 19 30 preceding the tax year for which relief is sought. Such affidavit or written statement 20 shall set forth, in a manner prescribed by the city manager, the location and assessed 21 value of the property and the names of the related persons occupying the dwelling for 22 which exemption or freeze is claimed, their gross combined income and their net 23 combined financial worth. The affidavit or written statement shall also include 24 indication as to whether the person or persons claim either the exemption or freeze 25 option. Each affidavit or written statement filed pursuant to this section shall be 26 deemed valid for a period of three (3) years; provided, however, that each year during 27 the three-year period and within the time requirement for filing affidavits or written 28 statements, the person or persons claiming exemption or freeze shall file with the city 29 manager a certification that the information contained on the affidavit or written 30 statement has not changed or that, if any change has occurred, that such change 31 does not serve to violate the limitations and conditions provided in this division. 32 33 (b) If the applicant is under sixty-five (65) years of age, the affidavit or written 34 statement required by subsection (a) above shall have attached thereto a certification 35 by the Social Security Administration, the Veterans Administration or the Railroad 36 Retirement Board, or if such person is not eligible for certification by any of these 37 agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in 38 the commonwealth, to the effect that such person is permanently and totally disabled, 39 as defined in section 35-61. The affidavit of at least one of such doctors shall be 40 based upon a physical examination of the applicant by such doctor. The affidavit of 41 one of such doctors may be based upon medical information contained in the records 42 of the civil service commission which is relevant to the standards for determining 43 permanent and total disability, as defined in section 35-61. 44 45 (c) The city manager is hereby authorized to accept and process late filings of the 46 affidavits or written statements described in subsections (a) and (b) above until July 31 47 of the tax year for which exemption or freeze is sought. The city manager shall accept 48 and process such late filings in cases of (1) first time applicants, or (2) where he 49 determines that the failure to grant the exemption or freeze would serve to create an 50 extreme hardship for the applicant. 51 52 (d) The city manager may accept applications after the July 31 date but before March 53 31 of a given fiscal year when the applicant provides, to the satisfaction of the city 54 manager, that the failure to apply during the applicable period of time was due to 55 medical emergency or other exiqent circumstance. The reason for such waiver of the 56 application deadline shall be reduced to writing, and the city manager shall retain such 57 writings and make them available for inspection by the city council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of June , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Philli•r ellam �an r r ey r Commissioner of 'e -nue City Attorney's Office CA14087 R-1 June 7, 2017 54 Item -V-J.lg ORDINANCES/RESOLUTIONS ITEM#67166 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: g. ADD §18-108.1 re Church and Non-Profit fundraising activities Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO ADD SECTION 18-108.1 TO 2 THE CITY CODE REGARDING CHURCH AND 3 NON-PROFIT FUNDRAISING ACTIVITIES 4 5 Section Added: § 18-108.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 18-108.1 is hereby added to the Code of the City of Virginia Beach, 11 Virginia to read as follows: 12 13 Sec. 18-108.1. - Temporary or transient church and non-profit fundraisers. 14 15 (a) The sale of ice cream or other ice confectioneries, candies or confections by a 16 nonprofit charitable organization or nonprofit church is hereby recognized as a distinct 17 activity. Any organization conducting such an event may obtain a license from the 18 commissioner of the revenue that will satisfy the business license requirement, 19 peddler permit, or solicitor permit for any volunteer or employee of such organization 20 provided the sale of such products occurs upon the property of the nonprofit charitable 21 organization or nonprofit church and the proceeds from the sale inure to benefit of the 22 nonprofit charitable organization or nonprofit church. 23 24 (b) The cost of the license described in subsection (a) shall be $10.00 per year. 25 26 (c) The provisions of this section shall only apply to the business license requirement, 27 peddler permit, or solicitor permit. Nothing herein shall relieve any such organization 28 from compliance with land use, public health, or other applicable law or regulation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of June , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I / J illip Kell. . : . - 'ar eyer Commissioner of Revenue City Attorney's Office CA14086 R-1 June 7, 2017 55 Item -V-J.2 ORDINANCES/RESOLUTIONS ITEM#67167 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City's Open Air Cafe Franchise Regulations Voting: 8-0 Council Members Voting Aye: 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 Absent: Jessica P.Abbott Shannon DS Kane Council Members Abstaining: Mayor William D. Sessoms, Jr. June 20, 2017 1 AN ORDINANCE TO AMEND THE CITY'S RESORT 2 OPEN AIR CAFE FRANCHISE REGULATIONS 3 4 WHEREAS, the City's current Resort Open Air Café Franchise Regulations 5 ("Regulations") apply to property adjacent to streets, the boardwalk, connector parks, 6 Atlantic Avenue, Atlantic Avenue side streets and select gateway locations west of 7 Pacific Avenue in the Resort Tourist Districts and the Oceanfront Resort District; and 8 9 WHEREAS, the Regulations were written in anticipation of open air cafés being 10 constructed adjacent to restaurants located on private property and located entirely 11 indoors, within the confines of enclosed buildings; and 12 13 WHEREAS, Section 2.1 of the Regulations states that an open air café franchise 14 will be granted to a restaurant located on private property with 80% or more of interior 15 space dedicated to table and chairs for sit down service by a waiter or waitress; and 16 17 WHEREAS, recently City staff received applications for a Boardwalk café and a 18 Connector Park café for a restaurant located at 2701 Atlantic Avenue ("Ocean 27 19 Cafe"); and 20 21 WHEREAS, at least 80% of Ocean 27 Café is located on private property, but the 22 restaurant is entirely outdoors, with the exception of the kitchen; and 23 24 WHEREAS, Ocean 27 Café satisfies all of the requirements of the current 25 Regulations, but is not located adjacent to a restaurant with 80% or more of interior 26 space dedicated to table and chairs for sit down service by a waiter or waitress; and 27 28 WHEREAS, City staff, in conjunction with the Resort Advisory Commission, wish 29 to revise Section 2.1 of the Regulations to permit open air café franchises to be granted 30 to restaurants located on private property with 80% or more of interior or exterior space 31 dedicated to table and chairs for sit down service by a waiter or waitress; and 32 33 WHEREAS, Ocean 27 Café is located on private property, but the restaurant is 34 located entirely outdoors, with the exception of the kitchen; and 35 36 WHEREAS, Ocean 27 Café has 80% or more of its exterior space dedicated to 37 table and chairs for sit down service by a wait staff; and 38 39 WHEREAS, additional minor changes to Section 2.1 are required to clarify the 40 intent of the revision. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 43 CITY OF VIRGINIA BEACH, VIRGINIA: 44 45 That the City's Resort Open Air Café Guidelines are hereby amended to read as 46 set forth in the attached Exhibit 1, Redline of Proposed Amendments to the City's 47 Resort Open Air Café Franchise Regulations, a true copy of which is hereto attached. 48 20th Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of June , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mike Eason Aimee Sullivan Convention and Visitors Bureau City Attorney's Office CA14066 R-1 June 5, 2017 RESORT OPEN AIR CAFE FRANCHISE REGULATIONS June 5, 2017February 4, 2047 a __ . , :35. 4114 ...,..._,...... ., . _,.. . __ , ,. ^isii6 � ,, i, = — r • i • 4 !IN , '''''Tk,..."4: •, ' ° 641 I ' i : '' i 411 I CITY OF VIRGINIA BEACH RESORT OPEN AIR CAFÉ FRANCHISE REGULATIONS SECTION 1. GENERAL PURPOSE Rev.02/01/17 1. 1 The Resort Open Air Café regulations are for the RT and OR Oceanfront Resort Districts located in the resort area specifically identified as adjacent to the Boardwalk,Connector Parks,Atlantic Avenue,Atlantic Avenue side streets,and in selected Gateway locations west of Pacific Avenue. The Café Franchise Program is designed to allow and encourage outdoor cafes on the public right-of- way fronting pedestrian-oriented ways where they are appropriate,and will promote an ambiance conducive to public health,safety,general welfare,and serve as a public amenity. The goals of the program are as follows: 1.1.a To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk,Connector Parks,and pedestrian- oriented street frontages. 1.1.b To preserve and enhance the character of the resort area and to promote the most desirable use of public property. 1.1.c To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. 1.1.d To establish administrative and enforcement procedures for Open Air Cafes that are effective,efficient,and enforceable. 1.1.e To ensure the construction of attractive,lightweight,removable structures. SECTION 2. DEFINITIONS 2.1 Resort Open Air Café:an outdoor dining facility directly adjoining an existing restaurant in the RT Resort Tourist Districts or OR Oceanfront Resort District, franchised to operate on public property. All facilities II o be considered for this program,the existing restaurant afeis required to provide waiter/waitress service, from a full service menu served on non-disposable dishware.,-in a specific semi enclosed cafe space described herein.A franchise for these cafés will only be granted to those restaurants located on private property with 80%or more of interior or exterior space dedicated to table and chairs for sit down service by a waiter or waitress.No portion of an Open Air Café shall be used for any purpose other than dining or related circulation.Cafes must have direct access to the existinghest restaurant.All cafes and the required adjacent/operating restaurantbusiness shall meet all ADA requirements(including rest room facilities within restaurant).Café Categories,each with requirements specific to their locations,are described below: Rev.2/1/17 2 Category A-Boardwalk Café. A resort open air café located on public property facing the boardwalk in the OR zoning district. Category B-Connector Park Café. A resort open air café located on public property in a Connector Park between Atlantic Avenue and the boardwalk The Café shall not extend East of the building's property line. Category C-Atlantic Avenue Sidewalk Café. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District not including those located between 15th and 24th Streets(See Category E). Category D-Atlantic Avenue Side Street Café. A resort open air café in the OR Oceanfront Resort District located on the public sidewalk on numbered side streets between Atlantic and Pacific Avenues. Category E-Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District between 15th and 24th Streets on Atlantic Avenue. Category F–West of Pacific Avenue Cafe A resort open air café located on public property from Pacific Avenue,westward,in the RT Resort Tourist District and OR Oceanfront Resort District,fronting on city designated streets. 2.2 Obstruction: Public infrastructure improvements such as traffic signal poles,sign poles,light poles,planting areas,tree grates,trees,trash receptacles,benches,bike racks,parking meters,etc.,that may impede the flow of pedestrian traffic. SECTION 3. FACILITIES NOT CONSIDERED FOR THE CAFE PROGRAM 3.1 Fast Food Establishments. An establishment,franchised or otherwise,that offers quick food service of items already prepared and held for service;or prepared,fried,griddled quickly or heated in a device such as a microwave oven; and/or orders are not taken at the customer's table;and food is generally served from a counter in disposable wrapping or containers,will not be considered for outdoor cafes. SECTION 4. OPERATIONAL REQUIREMENTS-ALL CAFES 4.1 In order to be considered for approval under the Resort Open Air Café Program, the Applicant must agree to meet the following Operational requirements: 4.1.a Cafes must provide full waiter/waitress table service,from a full service menu served on non-disposable dishware,as defined in par.2.1. 3 4.1.b All patrons of cafes shall be seated while in the café area. 4.1.c Patrons may consume alcoholic beverages in these cafes that have been prepared within the host restaurant,in compliance with state ABC regulations. Café employees shall not prepare or pour alcoholic beverages within any café. 4.1.d Solicitation of any type,as described in Section 26-3 of the City code, from any café will result in immediate termination of franchise agreement. SECTION 5. ENTERTAINMENT/AMPLIFIED MUSIC 5.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes,unless noted otherwise in specific Café Categories herein. 5.1.a Between the hours 12:00 p.m.and 11:00 p.m.only. 5.1.b Solo or duo live entertainment only.Connecting cafés do not constitute more than one entertainment venue. 5.1.c The café franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the café is considered loud or disturbing.Amplification of music shall be directed within café area. 5.1.d Café operators shall receive one written warning that the music does not comply with the café regulations. Upon notice of a second violation,the café will forfeit their entertainment within the café for the remainder of the season. Subsequent violations will be grounds to terminate the café franchise agreement. SECTION 6. GENERAL CAFE REQUIREMENTS Requirements apply to all outdoor cafes,unless noted otherwise in specific Café Categories herein. 6.1 Size:Improvements on public property may not cover more than the front face of the operating business building or exceed a total of 800 sq ft. In addition,the scale,proportion,and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements.The size of the café must maintain clearances as outlined in each section from public infrastructure improvements such as traffic signal poles,sign 4 �14cplik BEA c4G vCity of Virginia Beach r2 o�4 s etc' OF 0URNO° VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0060838 June 20, 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 (1) an ordinance granting two franchise agreement for open air café's in the Resort Area to F & B, LLC; and (2) an ordinance to amend the City's resort open air café regulations. 2. The applicant for the two franchises has disclosed that TowneBank is a pending financial services provider with respect to the construction of the cafés that are the subject of the ordinance. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on the ordinance to grant the two café franchises. 4. Because the ordinance granting the two café franchises is conditioned upon approval of the ordinance to amend the City's resort open air café regulations (the two proposed franchises are not authorized by the current regulations but would Mrs. Ruth Hodges Fraser -2- June 20, 2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) be permissible under the amended regulations), I will also abstain from voting on that ordinance. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, , joi,,,.._____ William D. Sessoms Mayor WDS/RRI 56 Item -V-J.3a/b ORDINANCES/RESOLUTIONS ITEM#67168 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT F& B, LLC. Franchise Agreements re Open Air Cafes in the Resort Area District 6—BEACH a. Connector Park Cafe b. Boardwalk Cafe Voting: 8-0 Council Members Voting Aye: 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 Absent: Jessica P.Abbott Shannon DS Kane Council Members Abstaining: Mayor William D. Sessoms, Jr. June 20, 2017 1 AN ORDINANCE GRANTING TWO 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, 27TH F & B, LLC, t/a Ocean 27 Café, is seeking two one-year 17 franchise agreements for operation of a Boardwalk Café and a Connector Park Café at 18 2701 Atlantic Avenue; and 19 20 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 21 that the above-named entity be granted two open air café franchise agreements. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Council hereby grants 27th F & B, LLC, t/a Ocean 27 Café, two one- 27 year franchise agreements for operation of a Boardwalk Café and a Connector Park 28 Café at 2701 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this 20tiday of June 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _AZ Sue---L__ 44,--'14) (c---,are s Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA14059 R-1 May 31, 2017 4 City of Virginia IlEt -6p 49 OpOUR NATIO 14. VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0060838 June 20, 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 (1) an ordinance granting two franchise agreement for open air café's in the Resort Area to F & B, LLC; and (2) an ordinance to amend the City's resort open air café regulations. 2. The applicant for the two franchises has disclosed that TowneBank is a pending financial services provider with respect to the construction of the cafés that are the subject of the ordinance. 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 the ordinance to grant the two café franchises. 4. Because the ordinance granting the two café franchises is conditioned upon approval of the ordinance to amend the City's resort open air café regulations (the two proposed franchises are not authorized by the current regulations but would Mrs. Ruth Hodges Fraser -2- June 20, 2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) be permissible under the amended regulations), I will also abstain from voting on that ordinance. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, /)/tel William D. Sessoms Mayor WDS/RRI 57 Item-V-J.4 ORDINANCES/RESOLUTIONS ITEM#67169 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging(SSD)and AUTHORIZE the REFUND of Levies—District 5 LYNNHAVEN Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 58 Item -V-J.5 ORDINANCES/RESOLUTIONS ITEM#67170 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE EXCESS City Property at 1428 Southern Boulevard and AUTHORIZE the City Manager to sell same to Jon W. Dobbs-District 6 BEACH Voting: 8-0 Council Members Voting Aye: 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 Absent: Jessica P.Abbott Shannon DS Kane Council Members Abstaining: Mayor William D. Sessoms,Jr. June 20, 2017 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1428 SOUTHERN 3 BOULEVARD (GPIN 2417-14-5405) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO JON W. DOBBS 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain 28,967 +1- sq. ft. parcel of land located at 1428 Southern Boulevard (the 10 "Property") more particularly described on Exhibit "A" attached hereto and made a part 11 hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, Jon W. Dobbs ("Dobbs") owns the adjacent property and he 21 has requested to purchase the Property in order to utilize it in a manner compatible with 22 the APZ-1 Ordinance; 23 24 WHEREAS, Dobbs desires to purchase the Property in accordance with 25 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 26 27 WHEREAS, the APZ-1 Disposition Committee has recommended that City 28 Council declare the Property to be in excess of the City's needs and sell the Property to 29 Dobbs; and 30 31 WHEREAS, the City Council is of the opinion that the Property is in 32 excess of the needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the Property located at 1428 Southern Boulevard is hereby 38 declared to be in excess of the needs of the City of Virginia Beach and that the City 39 Manager is hereby authorized to execute any documents necessary to convey the 40 Property to Jon W. Dobbs in accordance with the Summary of Terms and such other 41 terms, conditions or modifications as may be acceptable to the City Manager and in a 42 form deemed satisfactory by the City Attorney. 43 44 Further, that revenue from the sale of the Property in the amount of 45 $115,870.00 will be received and fifty percent (50%) of the amount will be deposited for 46 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 47 and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be 48 deposited for future payment by the City Manager to refund the Commonwealth's 49 portion in accordance with the grant agreement. 50 51 This ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 20thday of June , 2017. CA13840 R-1 5/24/17 \\vbgov.com\dfs l\applications\citylawprod\cycom32\wpdocs\d024\p023\00373442.doc APPROVED AS TO CONTENT APPROVED AS TO CNTENT ,t2&- --3L. Public Works .., udget & Management Services APPROVED AS TO LEGAL SUFFICIENCY •City '1 orn:y's Office/\ EXHIBIT "A" GPIN: 2417-14-5405 (1428 Southern Boulevard) ALL THAT certain tract, piece or parcel of land, situate, lying and being in the Borough of Lynnhaven, City of Virginia Beach, State of Virginia, and known, numbered and designated as Parcel A, 0.665 acre, on that certain plat entitled, "Subdivision of Site No. 53, Oceana Gardens for the Dog, Inc., Lynnhaven Borough, Virginia Beach, Virginia," dated October 2, 1972, made by John E. Sirine and Associates, Surveyors and Engineers, Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 93, at page 50, reference made for a more particular description of said property. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed dated September 23, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20140930000923390. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1428 SOUTHERN BOULEVARD Seller: City of Virginia Beach Buyers: Jon W. Dobbs Property: Approximately 28,967 square feet of property generally known as 1428 Southern Boulevard (GPIN: 2417-14-5405) Legal Description: See Exhibit "A" to Ordinance Sale Price: $115,870.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use; Buyer may use the Property for commercial uses that are deemed compatible by the City Zoning Ordinance for APZ-1. • Seller will record deed restrictions at closing, consistent with the Purchase Agreement. • Closing shall be on or before December 6, 2018, or as further extended by Council. r I 11.11InnllW,. 13 - 1!: Mir, d z _Z _- J 1 0 M_SddIHS— W C - I 1 m � > Lo€ � _ W aOZ Jo n a a 5 ". H _ f. 2 � ° mom N1 2f1IZOa ° d W § ~ C u HOUW ; N I U a HZ in LL b 11 HaO N_ 1Jll1 ` 32� > U O CO C7 -0 < V) l ' ao a P o mN a W a 111 U 0o X 1 w I 1 - — nt1 S3N S SYKES PVE I -- o _1 m — I = U IW CO Q1 � J f I O I a ' i5 FCC inQ . o m � a , � Z 4 N � W E.N } Z � - - TTI o - _ I I F= aco D o 1 I 1 o o o g -0 1 I �- COQ I --.,_-� co N 1 ' V V • l ( I o N. N ZIRDNEGK RDS • .,� 0A18 VNV300 N _ �y a) a K m < 4 D Q I> O 0 Q N W DG - Na' m> . C Q a Wa Q NC U Q Q U a = - y 2UO u I JZ c 112 'I Cl_ G1�IA BE4ch' O . v �, , Citr y of Viginia Ba ea 99,s 4, OF OUR NASko VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 In Reply Refer to 0060836 VIRGINIA240USE DRIVE t BEACH,VAO23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms @ vbgov.com June 20, 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 declaring property located at 1428 Southern Boulevard to be in excess of the City's needs and authorizing the City Manager to sell the same to Jon W. Dobbs. 2. Mr. Dobbs has disclosed that TowneBank is a financial services provider with respect to the property that is the subject of this transaction. 3. I have a personal interest in TowneBank, which is located at 600 22i1 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, ki-6djvo,,______/ William D. Sessoms Mayor WDS/RRI 59 Item -V-J.6a ORDINANCES/RESOLUTIONS ITEM#67171 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE execution of a Lease of City-owned farm land with Dawley Family Farms,LLC-District 7PRINCESS ANNE a. 2400-2500 Tournament Drive (Ballfield Farm) Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF 45+/- 3 ACRES OF CITY-OWNED FARM LAND LOCATED 4 OFF OF LANDSTOWN ROAD AT 2400-2500 5 TOURNAMENT DRIVE (THE "BALLFIELD FARM") 6 FOR UP TO FIVE (5) YEARS WITH DAWLEY 7 FAMILY FARMS, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of 45+/- acres of 10 farm land located at 2400-2500 Tournament Drive known as Ballfield Farm in Virginia 11 Beach, Virginia (the "Premises"); 12 13 WHEREAS, the City would benefit from continued farming of the Premises, since 14 it would alleviate the City's maintenance responsibilities and further keep the Premises 15 from devolving into undesired wetlands; 16 17 WHEREAS, Dawley Family Farms, LLC ("Dawley") would like to enter into a 18 lease with the City to utilize the Premises for farming and related agricultural purposes; 19 and 20 21 WHEREAS, Dawley has agreed to pay the City an initial rental rate of $1.00 and 22 a renewal rate of$1,600.00 per year for the use of the Premises. 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for one year, with 28 four one-year renewal terms between Dawley Family Farms, LLC and the City for the 29 Premises, in accordance with the Summary of Terms attached hereto as Exhibit A and 30 made a part hereof, and such other terms, conditions or modifications as may be 31 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 32 33 This ordinance shall be effective from the date of its adoption. 34 35 June Adopted by the Council of the City of Virginia Beach, Virginia on the 20thday of 36 , 2017. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM L 5/,/ 116J)-1-4)L-M ekfut/J Public Works//Fcilities Mhnagement City Attorney CA13843 R-1 June 7, 2017 EXHIBIT A SUMMARY OF TERMS LEASE FOR 45+!- ACRES OF CITY-OWNED FARM LAND LOCATED OFF LANDSTOWN ROAD AT 2400-2500 TOURNAMENT DRIVE LESSOR: City of Virginia Beach LESSEE: Dawley Family Farms, LLC PREMISES: 45 +1- acres of farm land located at 2400-2500 Tournament Drive, a portion of GPIN 1494-24-9673, together a right to use the private road to Landstown Road TERM: Initial Term June 1, 2017 — December 31, 2017 Renewal Term 1 January 1, 2018 — December 31, 2018 Renewal Term 2 January 1, 2019 — December 31, 2019 Renewal Term 3 January 1, 2020 — December 31, 2020 Renewal Term 4 January 1, 2021 — December 31, 2021 RENT: Rent of $1.00 for the Initial Term and $1,600.00 per year for each Renewal Term. Rent is only $1.00 for the Initial Term, in order to allow tenant time to make necessary adjustments to the land. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Pay all leasehold taxes. • Use Premises for agricultural purposes such as farming, and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain insurance coverage acceptable to the City. RIGHTS AND RESPONSIBILITIES OF CITY: • City may enter upon the Premises without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City may terminate upon: (a) thirty (30) days' notice if the Premises is not maintained in a farm-like manner or if allowed to deteriorate; and (b) ninety (90) days' notice for any reason, subject to a mutually agreed upon sum to cover any planted crop unable to be harvested due to the City's termination. LOCATION MAP 45+/- acre portion of 2400-2500 Tournament Drive (GPIN 1494-24-9673), together with nonexclusive right to use the access road '1i. ' VIRG ;>x ► •LEX 't.a: w s ' , ' ' ' t 7} ' - 4. Property ".‘. g cF J �- ss 42 iF 'Po Z -1O Access Road vowir,_00011y .‘ 0 (Approximate) o15tJ v A ,k '''' V Or - ,_ , a , * '� +r + .owit 'IRGINIA BEACH A ONAL rt t 11 t ! GOLF COURSE r MAP SHOWING LOCATION OF PROPOSED FARM AREAS TO BE LEASED BY DAWLEY FAMILY FARMS, LLC AND FARM LAND CURRENTLY FARMED BY DAWLEY FAMILY FARMS, LLC •fr b a -0o Ballfield Farm: Proposed lease to the Dawleys. Virginia Bead princess H9 2, 0 et) a µs; Heron Ito* ...School Farm: Proposed lease to the Dawleys. K3 Currently farmed by the Dawleys. 6 2011 Microsoft Ce*poretrrn --- - ' 60 Item-V-16b ORDINANCES/RESOLUTIONS ITEM#67172 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE execution of a Lease of City-owned farm land with Dawley Family Farms,LLC-District 7PRINCESS ANNE b. 2848 Indian River Road(School Farm) Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF A 7+/- ACRE 3 PORTION OF CITY-OWNED FARM LAND 4 LOCATED AT 2848 INDIAN RIVER ROAD (THE 5 "SCHOOL FARM") FOR UP TO FIVE (5) YEARS 6 WITH DAWLEY FAMILY FARMS, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the property 9 located at 2848 Indian River Road in Virginia Beach, Virginia (the "Property"); 10 11 WHEREAS, the City acquired the Property pursuant to the ITA Acquisition 12 Program, an element of the City's BRAC response program through a partnership with 13 the Commonwealth of Virginia (the "Commonwealth"), with each party contributing 50% 14 of the funds; 15 16 WHEREAS, the City has no immediate use for the Property, but recognizes that 17 7 +/- acres of the Property is suitable for farming (the "Premises"). Farming of the 18 Premises would be of benefit to the City, since it would alleviate the City's maintenance 19 responsibilities and further keep the Premises from devolving into undesired wetlands; 20 21 WHEREAS, Dawley Family Farms, LLC ("Dawley") would like to enter into a 22 lease with the City to utilize the Premises for farming and related agricultural purposes; 23 and 24 25 WHEREAS, Dawley has agreed to pay the City an initial rental rate of $1.00 and 26 a renewal rate of$125.00 per year for the use of the Premises. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for an initial one- 32 year term and four one-year renewal terms between Dawley Family Farms, LLC and the 33 City for the Premises, in accordance with the Summary of Terms attached hereto as 34 Exhibit A and made a part hereof, and such other terms, conditions or modifications as 35 may be acceptable to the City Manager and in a form deemed satisfactory by the City 36 Attorney. 37 38 Further, that revenue from the lease of the Premises in the annual amount of 39 $125.00 shall be received and fifty percent (50%) of this amount shall be deposited for 40 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 41 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) shall be 42 deposited for future payment by the City Manager to refund the Commonwealth's 43 portion in accordance with the grant agreement. 44 45 This ordinance shall be effective from the date of its adoption. 46 47 June Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of 48 , 2017. APPROVED AS TO CONTENT APPROVED AS TO CONTENT ScM5L-t- Public Works/Facilities anagement Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY AND FORM gebte:hq 6A.ya. -V City Attorney CA13838 R-1 June 7, 2017 EXHIBIT A SUMMARY OF TERMS LEASE FOR A 7+/- ACRE PORTION OF CITY-OWNED FARM LAND LOCATED AT 2848 INDIAN RIVER ROAD LESSOR: City of Virginia Beach LESSEE: Dawley Family Farms, LLC PREMISES: 7 +/- acres of farm land located at 2848 Indian River, a portion of GPINs 1493-43-2693 and 1493-43-0050 TERM: Initial Term June 1, 2017 — December 31, 2017 Renewal Term 1 January 1, 2018 — December 31, 2018 Renewal Term 2 January 1, 2019 — December 31, 2019 Renewal Term 3 January 1, 2020 — December 31, 2020 Renewal Term 4 January 1, 2021 — December 31, 2021 RENT: Rent of $1.00 for the Initial Term and $125.00 per year for each Renewal Term. Rent for the initial term is nominal to allow the tenant time to make necessary adjustments to the land. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Pay all leasehold taxes. • Use Premises for agricultural purposes such as farming, and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain insurance coverage acceptable to the City. RIGHTS AND RESPONSIBILITIES OF CITY: • City may enter upon the Premises without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City may terminate upon: (a) thirty (30) days' notice if the Premises is not maintained in a farm-like manner or if allowed to deteriorate; and (b) ninety (90) days' notice for any reason, subject to a mutually agreed upon sum to cover any planted crop unable to be harvested due to the City's termination. LOCATION MAP _la, • w ♦ •,i' �. ma'/ �, ' , y_ m tl�')x ,s , •-{ tr ' ,.• ., y�ty , s r i.O ° 2 "f` .,, . - S' GP # • ... !*' q� iw • • , �•i � • 1-. t' �z �4d • srt 1 #q ,. • • F Rf t° . _ • _(.., . ., ,.riiii_ .400.,:, .,., ...ot.).... „, • .., , , Ai .•.,yt. ff ' ''41'l �/ C. ' '+ ` a " t� i �"t ':• / a - jk 7 LESNI l., / 4* • I School Farm 2848 Indian River Road *_ 7444'.^ Portions of GPINs: • a • 1493-43-2693 & 1493-43-0050 1I rr- �'' �, ,/ a� ? -- a . r • rt z k ''` 'I. /*,4'.'''..1 1'-- --"-::':' t Alir'' '';;...'.14'4#1* , ell � °P'" • ^' • \ c, t yV * y'. `r � r n (QQ ft '-'.4* 0.-is ' t % psj/ , ` ip {, , •nom: �`'' _,•i. �e' `� Z�-w n e x fs -V Rid f/ • 47 Yry. .te a • • ! " ,al �.iw,•r _' � •. _- 1. ' },.„ . `� ` 1 fir- ° r - r ,- -` `e •+y -q 'tea, •i c r �r ,40141400 •g � y,, � e ;> To North Landing Roadt. '414144:',171. )q i` s • n R%Ve 1 s '. •7.M' . a a r • a _ /'Riad - +.$ + -r*f � j •!.k•" t.•.'{{22}}���� #ak.•t v, , ., r' -,.,, y` �y � ~ ST ,- w*o.+�•l�a`,1*► .pati ? 'W* do 'ice • � ; 4 q« �., i,7.. •»!`.'•i;, yj,z,, £ K.0. �, `: �•`4` y ` �'�'SIC� �+'•�x �.�. >• • �• �� �' f - •,upt t.-� ' . .•t . t 4 .,t ,, hex! ' ,i' # 1, S . ; St i� Y v r . MAP SHOWING LOCATION OF PROPOSED FARM AREAS TO BE LEASED BY DAWLEY FAMILY FARMS, LLC AND FARM LAND CURRENTLY FARMED BY DAWLEY FAMILY FARMS, LLC 4Et11 Rd i 4b Ballfield Farm: Proposed lease to the Dawleys. WndsE ''n Rd Ehrpn+o Brock Nabanal Gd/CI14 Virginia Beac r Princess 41Ra iN '• VIRGB:V..UCH ` MUNICOAE rE. CENTER "ti ii. 3t Sorar M„ nO c, 'Rn yn.c. is i , c°°' Of{'' f{ Htron AO.ro r CC ciol F T School Farm: Proposed lease to F ZI the Dawleys. E.,; V ..,,Ht....„..„ Indian River Rd 5 1 II Currently farmed by the 1 Dawleys. 6 2017 Microsoft Corcoratean f 61 Item -V-J.7 ORDINANCES/RESOLUTIONS ITEM#67173 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT Viewers to view each street or alley proposed to be closed Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2017, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2017 and ending June 30, 2018. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2017 and ending June 30, 2018, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ..�►Til At��►- .� ' A � 7 Barry Frankenfi •Id Roderick R. Ingram Department of ' lanning City Attorney's Office CA14077 R-1 May 30, 2017 62 Item-V-J.8 ORDINANCES/RESOLUTIONS ITEM#67174 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution OPPOSING offshore oil and gas exploration, including Seismic testing Voting: 8-0 Council Members Voting Aye: 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 Absent: Jessica P.Abbott Shannon DS Kane Council Members Abstaining: John D. Moss June 20, 2017 REQUESTED BY COUNCILMEMBER UHRIN, MAYOR SESSOMS, VICE MAYOR JONES AND COUNCILMEMBERS DAVENPORT, DYER, HENLEY, WILSON AND WOOD A RESOLUTION OPPOSING OFFSHORE OIL AND GAS EXPLORATION, INCLUDING SEISMIC TESTING 1 WHEREAS, the City Council, in 2010, adopted a resolution supporting offshore 2 oil and gas exploration with royalty payments to Atlantic Coast states; 3 4 WHEREAS, in 2015, several local business organizations and Council-appointed 5 advisory agencies urged the City Council to oppose offshore oil and gas exploration, 6 including the Resort Advisory Commission, the City's Green Ribbon Committee, the 7 Virginia Aquarium Foundation, Lynnhaven River NOW, the Virginia Beach Hotel 8 Association, and the Virginia Beach Restaurant Association; the Princess Anne Garden 9 Club, the Virginia Beach Garden Club, the Sandbridge Civic League and the Resort 10 Beach Civic League also oppose offshore oil and gas exploration; 11 12 WHEREAS, these organizations oppose exploration offshore of the City's 13 coastline due to the vulnerability of the coast and beaches to catastrophes that could 14 adversely impact the City's tourism industry for decades; 15 16 WHEREAS, in 2015, the City Council repealed its 2010 ordinance in support of 17 offshore energy exploration and adopted a resolution which set forth a neutral position 18 on offshore energy exploration; 19 20 WHEREAS, the Department of Defense has updated its 2010 findings on outer 21 continental shelf oil and gas activities, noting new mission requirements, including 22 expanded weapon and sensor footprints, and operational concerns in the Mid-Atlantic 23 Planning Area that includes areas off of Virginia Beach's coastline; 24 25 WHEREAS, in late 2016, the Resort Advisory Commission reaffirmed its 26 opposition to oil and gas exploration and also asked City Council to oppose seismic 27 testing; 28 29 WHEREAS, the City highly values the United States Navy and other armed 30 forces that conduct activities off of the City's coastline; 31 32 WHEREAS, the tourism industry is vital to the City's economic prosperity, 33 accounting for $1.4 billion in annual tourism revenue, nearly 13,000 tourism-supported 34 local jobs, and $55 million in tourism-related taxes; 35 36 WHEREAS, for the good of all of our residents, the City of Virginia Beach must 37 continue to protect and build upon our status as one of the East Coast's premier resort 38 cities and a highly valued partner with the Navy; 39 40 WHEREAS, the speculative benefit of oil and gas exploration and drilling is not 41 worth the risk of a Deepwater Horizon-type incident that could cripple the City's 42 economy for decades. 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF VIRGINIA BEACH: 46 47 That the City Council hereby opposes offshore oil and gas exploration, including 48 seismic testing, off of the City's pristine coastline. Adopted by the Council of the City of Virginia Beach this 20th day of June , 2017. APPROVED AS TO LEGAL SUFFICIENCY: ' —%0(//% Deputy City Attorney erick R. Ingram City Attorney's Office CA14090 R-1 June 13, 2017 0i141A.BE:40 City of Virginia Beach U SUR VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE MOSSJOHN@COX.NET In Reply Refer to 0060835 June 20, 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: In my now fourteen years of service to the public on City Council I have rarely abstained. It is my position that state law sets the lowest standard of acceptable conflicts of interests. Unlike the Commonwealth of Virginia's much lower standard of conflict of interests, the Federal standard is one of avoiding even the appearance of a conflict. The resolution on offshore drilling on City Council's June 20, 2017 Agenda references the Department of Defense's October 2015 response to the Department of the Interior's comment period on proposed offshore energy exploration in the Mid-Atlantic Region. As an employee of the Department of Defense, I have concluded that my participation in City Council's discussion and vote on this resolution would result in the appearance of a conflict of interest under the "appearance of a conflict of interest standard." Therefore, my decision is to abstain from the agenda item referenced in this letter for the aforementioned reason. My bias is to vote, and I am not one to avoid controversy. My duty to preserve the public's trust that I will uphold the highest ethical standards takes precedence. It is to the latter and higher duty that my vote of abstention upholds. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 Mrs. Ruth Hodges Fraser 2 June 20,2017 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3705(F) Thank you for your assistance and cooperation in this matter. Since ely,f John D. Moss Councilmember JDM/RRI 63 Item -V-J.9 ORDINANCES/RESOLUTIONS ITEM#67175 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AMEND City Council Resolution 03612 to recoup certain expenses related to special events Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 A RESOLUTION TO AMEND CITY 2 COUNCIL RESOLUTION 03612, 3 WHICH DIRECTED THE CITY 4 MANAGER TO RECOUP CERTAIN 5 EXPENSES RELATED TO SPECIAL 6 EVENTS 7 8 WHEREAS, on May 14, 2013, City Council adopted Resolution 03612 directing 9 the City Manager to recoup certain expenses related to special events ("Cost recovery 10 Resolution"); and 11 12 WHEREAS, the Cost Recovery Resolution established procedures for the City 13 Manager to recover certain expenses for special events held on public property; and 14 15 WHEREAS, many special events require some form of City services, such as 16 road closures, traffic control, security, emergency services utility connections and clean 17 up; and 18 19 WHEREAS, Section 1 (c) of the Cost Recovery Resolution stated that if an 20 applicant for a special event permit elects to use the City to perform safety standards 21 and support services, a cash deposit of 50% of the estimated City costs or a bond for 22 50% of the estimated City costs is required; and 23 24 WHEREAS, the Convention and Visitors Bureau ("CVB") proposes to 25 amendment the Cost Recovery Resolution to permit the City to waive the cash deposit 26 or bond requirement, at the City's sole discretion, if an applicant has paid all City 27 invoices for safety standards and support services, in full, within ninety days of the 28 conclusion of the event, for the prior two consecutive special events for which the 29 applicant obtained special event permits; and 30 31 WHEREAS, the City has long standing relationships with many of the entities that 32 offer special events in Virginia Beach and many of these entities have established 33 histories of paying City invoices for City services in a timely manner; and 34 35 WHEREAS, entities often do not have the means to pay a cash deposit or bond 36 prior to the date of the special event; and 37 38 WHEREAS, the CVB proposes to add the following sentence to Section 1 (c) of 39 Resolution 03612: 40 41 The City may waive the aforementioned cash deposit or bond 42 requirement, at the City's sole discretion, if an applicant has paid all City 43 invoices for safety standards and support services, in full, within 90 days 44 of the conclusion of the special event, for the prior two consecutive special 45 events for which the applicant obtained special event permits. 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 (1) That City Council Resolution 03612 is hereby amended to read as set forth in 51 the attached Exhibit 1, Redline of Proposed Amendment to City Council 52 Resolution 03612, a true copy of which is attached hereto; and 53 54 (2) Except as modified herein, City Council Resolution 03612 shall remain in full 55 force and effect. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20thday of June , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: AZ ------ 4 i 3, Mike Eason Aimee Sullivan Convention and Visitors Bureau City Attorney's Office CA14060 R-1 June 5,2017 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO RECOUP CERTAIN 2 EXPENSES RELATED TO SPECIAL EVENTS 3 WHEREAS, the City of Virginia Beach hosts hundreds of special events annually, which draw participants and 4 spectators who raise contributions to support nonprofit organization or contribute to the local economy and often provide 5 additional revenue to the City and the community; 6 7 WHEREAS, many special events held on public property require some form of city services, such as road closures, 8 traffic control, security, contingencies for emergency services, utility connections, and clean up resulting in additional costs, 9 which city operational departments are asked to absorb; 10 11 WHEREAS, the increase in special event permits and request for City services has placed a financial burden on 12 departmental budgets and less funding for other City functions and services; 13 14 WHEREAS, recouping a portion City expenses related to certain special events should reduce the economic burden 15 placed on City departments as a result of providing support services for special events; 16 17 WHEREAS, as currently written, Section 4-1 of the City Code provides the recoupment of expenses related to 18 special events is discretionary; 19 20 WHEREAS, to provide clarity and align the City's policies with that of other municipalities, the Council desires to 21 direct the City Manager to recoup certain expenses. 22 23 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 24 25 1. That, subject to the exceptions provided in Section 4-1 of the City Code, the City Manager or his designee is 26 hereby directed to implement the following procedure for recouping City expenses related to special events: 27 28 a. For all events, the applicant shall be provided a list of safety standards and service requirements needed to 29 obtain a special event permit. Any determination of the level of services required to support a particular 30 event shall be at the discretion of the City Manager or designee; 31 32 b. At the applicant's request, the City will provide an estimated cost for City personnel and equipment to 33 perform all safety standards and service requirements for the event. The applicant shall have the option of 34 hiring contractors to perform such support requirements in lieu of the City providing such services, provided 35 the applicant meets the required safety standards and levels of service; 36 37 c. If the applicant elects to use the City to perform the safety standards and support service requirements for the 38 special event permit a cash deposit of 50%of the estimated City costs or a bond for 50%of the estimated City 39 costs will be required. The City may waive the aforementioned cash deposit or bond requirement, at the 40 City's sole discretion, if an applicant has paid all City invoices for safety standards and support services, in full, 41 within 90 days of the conclusion of the special event, for the prior two consecutive events for which the 42 applicant obtained special event permit,, In the event that actual City costs were less than the amount of a 43 cash deposit,the applicant will be entitled to a refund. 44 45 d. For events hosted by City departments or on behalf of City departments by the department's contractor(s), no 46 recoupment is required; 47 48 e. Due to the personnel costs and duration, stationary event street closures shall be responsible for the 49 recoupment of all City expenses and shall not be eligible for the credit described in subsection f; 50 51 f. Because of special events held on public property are an amenity to the residents of the City and provide 52 publicity of the City's resources and advantages, special events will be entitled to a credit of up to $3,000 of 53 the actual cost to the City to provide safety standards and support service requirements. Should the City's 54 costs exceed $3,000, the applicant may request an additional credit of up to 50% of the City's support costs 55 based on City tax revenues generated by event participants attending from at least 50 miles away. The 56 amount of the 50% portion of the credit shall be based on the average overnight spending calculated by the 57 City's Convention and Visitors Bureau and any doubt with regard to such determination shall be resolved in 58 the favor of the City. 59 60 2. That the effective date of this resolution is January 1,2014. 61 62 Adopted by the City Council of the City of Virginia Beach,Virginia,on this 14th day of May, 2013. 64 Item -V-J.10 ORDINANCES/RESOLUTIONS ITEM#67176 David Gresens, 5037 Regina Lane, Phone: 636-1050, spoke in SUPPORT. Jim Brinkman, 1683 Meredith Road, Phone: 477-3855, spoke in SUPPORT Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, Resolution to DIRECT the City Manager to undertake a traffic noise evaluation along Northampton Boulevard and report findings to the Virginia Department of Transportation (VDOT); and, if needed; the Commonwealth Transportation Board shall fund the noise abatement — District 4 BAYSIDE Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 REQUESTED BY VICE MAYOR JONES 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 UNDERTAKE A TRAFFIC NOISE EVALUATION ALONG 3 NORTHAMPTON BOULEVARD AT THE LAKE SHORES 4 NEIGHBORHOOD AND REPORT THE RESULTS OF 5 SUCH EVALUATION TO THE VIRGINIA DEPARTMENT OF 6 TRANSPORTATION 7 8 WHEREAS, Northampton Boulevard is a roadway maintained by the Virginia 9 Department of Transportation (VDOT) with the marking Route 13; and 10 11 WHEREAS, the City Council has received requests from the Lake Shores 12 Neighborhood asking the City to petition the Commonwealth Transportation Board to 13 fund a noise abatement project along Northampton Boulevard; and 14 15 WHEREAS, the Code of Virginia permits a governing body of a locality to 16 designate certain highways for noise analysis and to report the results of such 17 evaluation to VDOT; and 18 19 WHEREAS, the Council believes that it serves the public interest to seek 20 mitigation of sound impacts along major corridors of the City such as Northampton 21 Boulevard. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Council hereby directs the City Manager to undertake a traffic noise 27 evaluation along Northampton Boulevard at the Lake Shores Neighborhood. A copy of 28 a map of the affected portion of Northampton Boulevard is attached hereto and 29 incorporated as Exhibit A. After completion, the Manager is to report the results of the 30 evaluation to VDOT. 31 32 BE IT FURTHER RESOLVED, THAT: 33 34 If the results of the traffic noise evaluation suggest sound walls or other noise 35 mitigation efforts are appropriate, the City Council urges the Commonwealth 36 Transportation Board to fund the appropriate noise abatement project. Adopted by the City Council of the City of Virginia Beach, Virginia the 20thday of June , 2017. 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Support Services Bureau 5/29/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Northamoton Soundwalls 65 Item-V-J.11a ORDINANCES/RESOLUTIONS ITEM#67177 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: a. $336,375 from Sheriffs office Special Revenue Fund to their FY 2016-17 Operating Budget re leave payouts Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO APPROPRIATE SHERIFF'S 2 OFFICE SPECIAL REVENUE FUND BALANCE TO 3 THE SHERIFF'S OFFICE FY 2016-17 OPERATING 4 BUDGET 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 $336,375 is hereby appropriated from fund balance in the Sheriff's Office 10 Special Revenue Fund, with estimated revenues increased according, to the Sheriff's 11 Office FY 2016-17 Operating Budget to pay annual and sick leave payouts. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Da _ ar eyer Budget and Management Services City Attorney's Office CA14085 R-1 June 7, 2017 66 Item-V-J.11 b ORDINANCES/RESOLUTIONS ITEM#67178 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE: b. $150,000 to the Sheriff's office and AUTHORIZE expansion of the in-house Fresh Inmate Meals Program Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO APPROPRIATE $150,000 TO 2 THE SHERIFF'S OFFICE FY 2017-18 OPERATING 3 BUDGET AND TO AUTHORIZE 1.38 FTES TO 4 EXPAND THE IN-HOUSE FRESH FAVORITES 5 INMATE MEALS PROGRAM 6 7 WHEREAS, the Sheriff's Office is seeking to expand the in-house Fresh 8 Favorites inmate meals program from once a week to three times a week, which will 9 result in additional revenue sufficient to cover the additional personnel and operating 10 costs of the program. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1. $150,000 is hereby appropriated to the Sheriff's Office FY 2017-18 Operating 16 budget, with estimated revenues increased accordingly, which will be used to fund the 17 expansion cost of the Fresh Favorites inmate meals program. 18 19 2. An additional 1.38 FTEs consisting of one new and the conversion of two part- 20 time positions to full-time positions are authorized in the Sheriff's Office FY 2017-18 21 Operating Budget. 22 23 3. The effective date of this ordinance is July 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY -/D art/j P ,() ) David BradleyDEA a ey-r Budget and Management Services City A orney's Office CA14088 R-1 June 9, 2017 67 Item-V-J.11 c ORDINANCES/RESOLUTIONS ITEM#671 79 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT&APPROPRIATE: c. $25,000 State funds to Human Services for Opioid Prevention, Treatment and Recovery Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR OPIOID PREVENTION, TREATMENT, AND 3 RECOVERY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $25,000 in State revenue from the Virginia Department of Behavioral Health and 9 Developmental Services (DBHDS) is hereby accepted and appropriated, with estimated 10 State revenues increased accordingly, to the Department of Human Services FY 2016- 11 17 Operating Budget to implement evidence-based coalition development strategies in 12 response to the opioid epidemic occurring throughout the State including coalition 13 capacity building, community mobilization, recruitment and engagement and facilitating 14 systems of care linkages. 15 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana H; m-ye Budget and Management Services City Attorney's Office CA14082 R-1 June 6, 2017 68 Item -V-Illd ORDINANCES/RESOLUTIONS ITEM#67180 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT&APPROPRIATE: d. $26,760 State funds to Human Services for a Gap Analysis of Adult Outpatient Same Day Access Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR A GAP ANALYSIS OF ADULT OUTPATIENT 3 SAME DAY ACCESS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $26,760 from the Virginia Department of Behavioral Health and Developmental 9 Services (DBHDS) is hereby accepted and appropriated, with estimated State revenues 10 increased accordingly, to the Department of Human Services FY 2016-17 Operating 11 Budget for the provision of a gap analysis of adult outpatient service delivery and intake 12 timeliness. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: s ) ef-vc q-) David Bradley Dana armeyer Budget and Management Services City Attorney's Office CA14081 R-1 June 2, 2017 69 Item -V-J.11e ORDINANCES/RESOLUTIONS ITEM#67181 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT&APPROPRIATE: e. $70,000 State funds to Human Services for Peer Support Services (Homelessness Transition) Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR PEER SUPPORT SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $70,000 from the Virginia Department of Behavioral Health and Developmental 8 Services (DBHDS) is hereby accepted and appropriated, with estimated State revenues 9 increased accordingly, to the Department of Human Services FY 2016-17 Operating 10 Budget for the provision of Peer Services in the PATH (Projects for Assistance in 11 Transition from Homelessness) Program for persons with substance use disorder(s), 12 persons who are experiencing homelessness, or persons who are at great risk of 13 experiencing homelessness. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of June 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t (-1\ � David Bra• ey Dana - _ -yerL Budget and Management Services City Attorney's Office CA14080 R-1 June 2, 2017 70 Item—V-K PLANNING ITEM#67182 1. TITAN INVESTMENT GROUP,INC. SUBDIVISION VARIANCE 2. AD VENTURE WORKS, INC. MODIFICATION OF CONDITIONS 3. OCEAN BAY HOMES,INC. SPECIAL EXEMPTION 4. CONNIE L.HIEBERT CONDITIONAL USE PERMIT 5. CITY OF VIRGINIA BEACH 6. CITY OF VIRGINIA BEACH ITEM#1 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 June 20, 2017 71 Item -V-K PLANNING ITEM#67183 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items 2, 3(MAYOR SESSOMS ABSTAIN), 4, 5 and 6 of the PLANNING AGENDA Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 72 Item—V-K.1 PLANNING ITEM#67184 Reverend Chester L. Rouse, 5020 Bonney Road, Phone: 497-5831, spoke in OPPOSITION. Edward Bourdon, Attorney for Applicant, spoke in SUPPORT. Upon motion by Vice Mayor Jones, seconded by Council, City Council APPROVED, and CONDITIONED, AS AMENDED, WITH ADDITIONAL CONDITION: Ordinance upon application of TITAN INVESTMENT GROUP, INC. for a Subdivision Variance to § 4.4 (b) and (d) of the Subdivision Regulations re duplexes at 5024 Bonney Road and adjacent parcels DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TITAN INVESTMENT GROUP,INC.for a Subdivision Variance to§4.4 (b) and(d) of the Subdivision Regulations re duplexes at 5024 Bonney Road and adjacent parcels (GPINs 1467905806, 1467914021) DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The site shall be redeveloped substantially as shown on the submitted Site Layout exhibit entitled, "Landscape Exhibit/Subdivision Variance Titan Investment Group, Inc., " dated April 13, 2017, and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is redeveloped, the duplex dwellings constructed shall be in substantial conformance with the architectural features, materials, size and appearance depicted on the submitted elevations entitled "PROPOSED DUPLEX," prepared by Construction Services and Management and dated April 10, 2017, and April 17, 2017. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is redeveloped, plantings reflective of the size, type and location of the plantings depicted on the Site Layout exhibit referenced in Condition #1 shall be installed and maintained. Any dead, diseased or dying plant shall be replaced. 4. A final Plat shall be recorded with the Clerk of Court depicting both Lot 1 and 2A substantially as shown on the submitted Layout Plan entitled, "PRELIMINARY RESUBDIVISION OF BARRON INVESTMENT, INC. AS SHOWN ON PLAT SHOWING PROPERTY TO BE CONVEYED TO LEE W. SMITH BY CHERRY ROUSE, "dated February 1, 2017,prepared by WPL Landscape, Architecture, Land Surveying and Civil Engineering. Said Layout Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. June 20, 2017 73 Item—V-K.1 PLANNING ITEM#67184 (Continued) 5. Legal ingress/egress for Lot 2A shall be maintained at all times, through ingress/egress easement(s). Said easement(s) shall be depicted and recorded on the final Plat. 6. When the property is redeveloped, both dwelling units on each lot shall have individual connections to City water and sanitary sewer services, unless otherwise authorized by the Department of Public Utilities. A private utility easement deemed acceptable by the Department of Public Utilities shall be recorded to permit such connections. ADDED CONDITION: 7. The Applicant agrees to construct either a 6 or 8 —foot fence on the shared property boundary. 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, Twentieth day of June, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 ,\ \ \ \ \ V \ tic' < \\\Z" / ,\, \\\ Av ) \C\ _- \''.\2 \ ' 46 Nile 7 Vi‘ ' I\ N.)• . ) 1-7------7:1---1 ezi ict SP1 - GO __ 11 Ls_s ,0 \ t-4 to \, I> ___, • „ _-- ' Li -\-- r ' 10. . ,...9 H 0 , , -\ 4P\ ID v \ \\ ii, \------- -) ,c7 / 0 IN C _--------) ------------ \ \ \ Nyfi cil IF (ill 0 „ ----' 74 Item—V-K.2 PLANNING ITEM#67185 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of AD VENTURE WORKS, INC. and KOA, INC. for a Modification of Conditions re outdoor recreation at 1252 and 1304 Prosperity Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of AD VENTURE WORKS, INC. and KOA, INC. for a Modification of Conditions re outdoor recreation at 1252 and 1304 Prosperity Road (GPINs 2415882856,2415889903)DISTRICT 6—BEACH The following conditions shall be required: General Conditions for the Outdoor Recreation Facilities 1. The paintball, laser tag and zip line tour areas (parking,play and otherwise)shall be located in the areas depicted on the Site Layout Plan that has been exhibited to the Virginia Beach City Council and is on file with the Planning and Community Development Department. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 2. The paintball and laser tag area and the zip line tour area shall be distinct and separate areas. 3. The applicant shall provide on-site restroom facilities in accordance with the Americans with Disabilities Act and the City's Plumbing Code in terms of potable water and sanitary sewer. 4. A minimum of two handicap parking spaces, one of which must be van accessible, and a path leading to the outdoor recreational activities, shall be provided in accordance with the Americans with Disabilities Act and be depicted on a Site Layout Plan to the Building Official. 5. There shall be a minimum of one individual that is First Aid and CPR certified on site during all hours of operation. 6. No use, as conditioned herein, shall cause public inconvenience, annoyance or disturbance to the tranquility of the adjacent residential area or otherwise interfere with the reasonable use and enjoyment of the neighboring property by reason of excessive noise, traffic or overflow parking or any other nuisance. 7. If any land disturbance is proposed within the fifty-(50)foot Southern Rivers buffer, a variance request shall be submitted to the Planning and Community Development Department for review; however, Staff is under no obligation to approve such a variance. 8. A separate permit from the Planning and Community Development Department / Zoning Office is required for any signage installed on the site. A drawing of any proposed signage shall be submitted to the Planning Director and deemed acceptable to the Planning Director prior to the issuance of a permit. June 20, 2017 75 Item—V-K.2 PLANNING ITEM#67185 (Continued) Modification of Conditions (Paintball Park) 1. The hours of operation of the paintball and laser tag areas shall be limited to 9:00 A.M. to dusk. Modification of Conditions(Zip Line Course) 1. The hours of operation shall be limited to between 9:00 AM to dusk, with the exception of an evening zip line tour that may take place once a month between April 1st through October 3151 on either a Friday or Saturday evening and shall not operate between the hours of 10:00 PM and 9:00 AM 2. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning and Community Development Department / Permit and Inspections Division, the Health Department and the Fire Department prior to operation. 3. Final Site Plans re installation of platforms shall be submitted to the Army Corps of Engineers for determination of impacts to jurisdictional wetlands. 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, Twentieth day of June, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 CU I <1.i. ID C :.71 0. Ri 13 V' 411) th a. il <' 0- 1 iii '11111111111K-- „. o ge" r \1111 cil doef . \ \., \ . At., 4 0 44„, • , c," :It,i,,/ ,/,. _0: ... t • _ 1%ipp 41-.2 1 a -. .), - • 1 ,,44440.4,,,,,b., •, ..---„..,,,, * 'Th 40. 0 - oo, , ' I u01:7-- kN/ cj. 7° 7 kip /- 0 , L._.. .9140,0 - , r 19 ‘ 37 (Z ...j..._ JP/ - =0 cso 76 Item—V-K.3 PLANNING ITEM#67186 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of OCEAN BAY HOMES, INC.for a Special Exemption Alternative Compliance re Row Housing at 314, 316, and 318 30`h Street and 2905 Arctic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OCEAN BAY HOMES,INC.for a Special Exemption Alternative Compliance re Row Housing at 314, 316, and 318 30`h Street and 2905 Arctic Avenue (GPINs 2418919518, 2428011534, 2418919469, 2428010661, 2418919579, 2428010610)DISTRICT 6—BEACH The following conditions shall be required:• 1. With the exception of any modifications required by any of these conditions or as a result of development Site Plan review, the improvements to the site shall be substantially as shown on the proposed Site Layout and Landscaping "Revised Site Plan for 15 Row Homes" exhibit included in this report. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Residential Building Code or as part of the final Site Plan review, the structures on the site shall be substantially as shown on the proposed elevations and renderings included in this report. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The exterior materials shall consist of cementous fiber siding, board and batten, and shake as well as architectural shingles and standing seam metal roofing. 4. At the time of installation, and during subsequent maintenance and/or replacement of the plant material on the site, the Planting Plan shall be substantially as shown on the proposed Site Layout and Landscaping exhibit referenced in Condition #1. All plant material must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the proposed Site Layout and Landscaping exhibit. 4. For 30th Street, Arctic Avenue and 29`h-1 Street, the applicant shall make all proposed right-of-way improvements and any additional improvements further required as part of Development Site Plan review. 6. All mechanical equipment shall be screened from view of the public right-of-way. The location and screening of receptacles for trash and recycling shall follow the applicable City standards. June 20, 2017 77 Item—V-K.3 PLANNING ITEM#67186 (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, Twentieth day of June, Two Thousand Seventeen. Voting: 8-0 Council Members Voting Aye: 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 Absent: Jessica P.Abbott Shannon DS Kane Council Members Abstaining: Mayor William D. Sessoms,Jr. June 20, 2017 . . . lie %\kisiba: \•4%,s40, 6,1410°' 1 Zig _ poentie , „006., ;00 C . ,...*:•,w---- '3._ ,-,:- -1•. ,lie ', ' - ,,-.:\\ . ,,- I '. .....spogioroob- ‘- ,.., *071011.11.1., \ • --- [ [.. , ., [ \ [-\ \ , .,%.\\[\\\x„, . 4, '.N ,,, . . \ . . . ,„ ,., .... ...., ,, .. , . J. 4 . - \ . . . N... -.,„ . , ., ____,‘ 401 , .:•,,, ii.._ 0 ', ' \., ..,.:` N. .. s. . . --7., ., '' 7 ',. \O: \,... \ .,. •-\\' \ ', ' i•• . ....,-t\--,,:-.- \:\\:, - ••,,.. ' % . . . . \ \1 \ \ . . . . \ \ ' . • ' r- \ 0 • vh.IIIIIIII; , •\*„.. 10210.• .5 ..; . . . ..\; ' • „..,..- \ ' . ---,.--:. ,,.'*, ,.. . , A ,J84A [•.7.` . rti e', 1 , 04 U City of Virginia Beach r 6t 2 Op OUR NAS1O�� VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 In Reply Refer to 0060837 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms(@ vbgov.com June 20, 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 Ocean Bay Homes, Inc. for a special exemption for alternative compliance for properties located at 314, 316 & 318 30th Street and 2905 Artic Avenue. 2. The applicant has disclosed that TowneBank is a financial services provider with respect to the property that is the subject of this transaction. 3. I have a personal interest in TowneBank, which is located at 600 22nd 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, x,66(/, William D. Sessoms Mayor WDS/RRI 78 Item—V-K4 PLANNING ITEM#67187 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Ordinance upon application of CONNIE L. HIEBERT / CONNIE and ANTHONY HIEBERT for a Conditional Use Permit re a home based wildlife rehabilitation at 2905 Bamberg Place DISTRICT 3—ROSE HALL IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CONNIE L. HIEBERT / CONNIE and ANTHONY HIEBERT for a Conditional Use Permit re a home based wildlife rehabilitation at 2905 Bamberg Place (GPIN 1496427970)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance (CZO) pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 PM and 7:00 AM 3. No animals shall be released at the subject site or within the neighborhood. 4. The applicant shall maintain the existing six (6)foot high privacy fence that encloses the backyard, such that all activity and all structures associated with the Home- Based Wildlife Rehabilitation Facility are screened from view. 5. Pre-release cages, depicted on the Site Layout, shall be equipped with a double-door system for the protection of the handler and of the wildlife. 6. All wildlife kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 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, Twentieth day of June, Two Thousand Seventeen. June 20, 2017 79 Item—V-K.4 PLANNING ITEM#67187 (Continued) Voting: 9-0 Council Members Voting Aye: 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: Jessica P. Abbott Shannon DS Kane June 20, 2017 e --••••.,..--..._____ .'. -.%."4%...,,..........1 till ...'/----1--•.,. rt. ,r. ;-f"- ','"*.•':.--..''''''''''.. 1.,,..,,..,.14117. Ti --7 / / / ----...._..... --...,___......_,.•„;:„ 0 -'14111/4 i , 1-----........ -..„. / 4 / ... --,... ----. . . ------_,.. --_____ 7------------ . .,.... ..,- ----- -i / / .... ..- ----, .CIA i 1 i "--..., III 7 1-) ',N...." .-... ' 4,41f4C1 -..,_ . C-....„...,_ / 1:_____,,._,........__ 7 _. ---___ . ,\ m___,tin______-- - ,......_. ,..j. .11 ---„___ ._, Cie . qr..") ...ill '111 Air N. N. ...,. ..... :Tie ,------11\ i - i .1 i I r i ....., .. .._,. ---, --_/---.. /... .----144 /i //i. ..".- .._, .., ,... \ ,..• ...... \ LCI \/ / 0\---,-'--------/ /I /\--- ----3 / ....., . ... , .. ... 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Z (,,,,,\><> -\...., IL. \ / :./. /A i/ ' .'' i tN> / ...::' " 80 Item—V-K.5 PLANNING ITEM#67188 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Ordinance to AMEND§111, 203, 230, 901, and 1001 of the City Zoning Ordinance (CZO) and §5.2 of the Ocean Front Resort Form-Based Code re parking requirements, conditional requirements and the establishment as a conditional use in the Business, Industrial and Oceanfront Resort Form-Based Code Districts of Craft Wineries 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, Twentieth day of June, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 1 AN ORDINANCE TO AMEND SECTIONS 111, 203, 2 230, 901, 1001 OF THE CITY ZONING 3 ORDINANCE AND SECTION 5.2 OF THE 4 OCEANFRONT RESORT FORM-BASED CODE 5 PERTAINING TO THE DEFINITION, PARKING 6 REQUIREMENTS, CONDITIONAL 7 REQUIREMENTS AND THE ESTABLISHMENT AS 8 A CONDITIONAL USE IN THE BUSINESS, 9 INDUSTRIAL AND OCEANFRONT RESORT 10 FORM-BASED CODE DISTRICTS OF CRAFT 11 WINERIES 12 13 Sections Amended: §§ 111, 203, 230, 901 and 1001 14 of the City Zoning Ordinance, § 5.2 of the Oceanfront 15 Resort Form-Based Code 16 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 That Sections 111, 203, 230, 901 and 1001 of the City Zoning Ordinance and 24 Section 5.2 of the Oceanfront Resort Form-Based Code are hereby amended and 25 reordained to read as follows: 26 27 Sec. 111. Definitions. 28 29 . . . . 30 31 Craft winery. A facility, other than a farm winery, that produces, manufactures and 32 distributes wine, and at which wine is served to customers for on-premise and off-premise 33 consumption, and at which food may be prepared and served. 34 35 . . . . 36 37 Sec. 203. Off-street parking requirements. 38 39 (a) The following specified uses shall comply with the off-street parking requirements 40 designated therefor: 41 42 . . . . 43 44 (9.1) Craft breweries, craft distilleries, and craft wineries: One (1) space per one 45 hundred (100) square feet of area open to the public for drinking, eating and 46 congregating, and one (1) space per employee on the maximum working 47 shift. 48 49 . . . . 50 51 Sec. 230. - Craft breweries1 and craft distilleries and craft wineries. 52 53 (a) In addition to general requirements, craft breweries shall be subject to the following 54 provisions: 55 56 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 57 be held by the establishment at all times, and the conditions of any such 58 license shall be incorporated by reference into any conditional use permit 59 authorizing a craft brewery; 60 61 (2) Beer or other fermented malt beverages, non-alcoholic beverages, and food 62 may be served; 63 64 (2.5) Unless expressly allowed by the conditional use permit, there shall be no 65 food preparation; 66 67 (3) Beer or other fermented malt beverages may be sold for on-premises 68 consumption and for off-premises consumption at retail or wholesale; 69 70 (4) Unless expressly allowed by the conditional use permit, there shall be no 71 sale or consumption of alcoholic beverages on the premises between 72 midnight and ten o'clock (10:00) a.m.; 73 (5) Live music shall be performed only inside the establishment and doors and 74 windows shall remain closed during such performances, except during the 75 actual ingress and egress of patrons and employees; and 76 77 (6) The city council may impose such reasonable conditions as it deems 78 necessary to avoid or mitigate adverse impacts upon other property..-; and 79 80 Off-street parking shall be calculated in accordance with the requirements of 81 Section 203. 82 83 (b) In addition to general requirements, craft distilleries shall be subject to the following 84 provisions: 85 86 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 87 be held by the establishment at all times, and the conditions of any such 88 license shall be incorporated by reference into any conditional use permit 89 authorizing a craft distillery; 90 2 91 (2) Only spirits and non-alcoholic beverages may be served unless otherwise 92 permitted under applicable state alcoholic beverage control laws and 93 regulations for private events; 94 95 (2.5) Unless expressly allowed by the conditional use permit, there shall be no 96 food preparation; 97 98 (3) Spirits may be sold for on-premises consumption or off-premises 99 consumption at retail or wholesale; 100 101 (4) Unless expressly allowed by the conditional use permit, there shall be no 102 sale or consumption of alcoholic beverages on the premises between 103 midnight and ten o'clock (10:00) a.m.; 104 105 (5) Live music shall be performed only inside the establishment and doors and 106 windows shall remain closed during such performances, except during the 107 actual ingress and egress of patrons and employees; and 108 109 (6) The city council may impose such reasonable conditions as it deems 110 necessary to avoid or mitigate adverse impacts upon other property.-; and 111 112 (7) Off-street parking shall be calculated in accordance with the requirements of 113 Section 203. 114 115 In addition to general requirements, craft wineries shall be subject to the following 116 provisions: 117 118 f1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 119 be held by the establishment at all times, and the conditions of any such 120 license shall be incorporated by reference into any conditional use permit 121 authorizing a craft winery; 122 123 (2) Only wine produced by the operator of the facility, on-site or off-site, non- 124 alcoholic beverages, and meals prepared in the facility may be served. For 125 the purpose of this section, "meals" shall mean an assortment of foods 126 commonly ordered in a bona-fide, full-service restaurants as principal meals 127 of the day; 128 129 (3) Wine may be sold at retail/wholesale for on-site and off-site consumption; 130 131 (4) Unless expressly allowed by the conditional use permit, there shall be no 132 sale or consumption of wine on the premise between midnight and ten 133 o'clock (10:00) a.m.; 134 135 L5j Live music shall be performed only inside the establishment and doors and 136 windows shall remain closed during such performances, except during the 3 137 actual ingress and egress of patron and employees, unless specified in the 138 Conditional Use Permit; 139 140 n The city council may impose such reasonable conditions as it deems 141 necessary to avoid or mitigate adverse impacts upon other properties; and 142 143 (7) Off-street parking shall be calculated in accordance with the requirements of 144 Section 203. 145 146 Sec. 901. - Use regulations. 147 148 (a) Principal and conditional uses. The following chart lists those uses permitted within 149 the B-1 through B-4K Business Districts. Those uses and structures in the respective 150 business districts shall be permitted as either principal uses indicated by a "P" or as 151 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 152 prohibited in the respective districts. No uses or structures other than as specified shall be 153 permitted. 154 Use B-1 B-1A B-2 B-3 B-4 B-4C B-4K Craft breweries,subject to the provisions of Section 230 X X CC X C X Craft distilleries, subject to the provisions of Section 230 X X CCX C X Craft wineries,subject to the provisions of Section 230 X X CCX C X . . . . X X X X C X X 155 156 Sec. 1001. - Use regulations. 157 158 (a) Principal and conditional uses. The following chart lists those uses permitted within 159 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial 160 districts shall be permitted as either principal uses indicated by a "P" or as conditional uses 161 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the 162 respective districts. No uses or structures other than as specified shall be permitted. 163 Use I-1 1-2 4 Craft distilleries, subject to the provisions of Section 230 C X Craft wineries, subject to the provisions of Section 230 C X Day-care and child care education centers C C 164 165 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 166 167 Sec. 5.2 Permitted Use Table 168 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes COMMERCIAL Craft breweries C C C -- See Sec.230 Craft distilleries C C C -- -- -- -- -- See Sec.230 Craft wineries C C C - - _ - _ See Sec.230 Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of June , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -I ct Barry F anken ieln B. Kay Wil Department Planni • City Attorn 's Office CA14040 R-2 April 20, 2017 5 81 Item—V-K.6 PLANNING ITEM#67189 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Ordinance to AMEND the 2016 Comprehensive Plan Policy document to reference and identify Seapines Station and to AMEND the Reference Handbook to ADD the Voluntary Design Guidelines for Seapines Station in reference to design components 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, Twentieth day of June, Two Thousand Seventeen. Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 REVISED VERSION 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN POLICY 3 DOCUMENT AND TO AMEND THE 4 REFERENCE HANDBOOK TO ADD THE 5 VOULTARY DESIGN GUIDELINES FOR 6 SEAPINES STATION IN REFERENCE TO 7 DESIGN COMPONENTS 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 WHEREAS, the 2016 Comprehensive Plan Policy Document includes a 13 recommendation to "study the area between Holly Road and Pacific Avenue, north of 14 32nd Street to 42nd Street (the southern boundary of North End SFA) to determine the 15 need for infill development and redevelopment policies and design guidelines" which 16 has been done by Planning Staff and Planning Commission members; 17 18 WHEREAS, amendments to the 2016 Comprehensive Plan Policy Document and 19 Reference Handbook would include the revisions attached hereto and made a part 20 hereof and the Seapines Station Voluntary Design Guidelines, March 2017, attached 21 hereto and made a part hereof; and 22 23 WHEREAS, the Planning Commission at its March 8, 2017 public hearing 24 recommended the approval of the attached revisions to the 2016 Comprehensive Plan 25 Policy Document and Reference Handbook in regard to the design guidelines for 26 Seapines Station. 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the 2016 Comprehensive Plan, is hereby amended and reordained to 32 include the revisions and additions attached hereto amending the Policy Document and 33 Reference Handbook. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of June , 2017 APPROVED AS TO LEGAL SUFFICIENCY: B. ay ilson, Deputy City Attorney City Attorney's Office CA13936/R-2/April 4, 2017 Revisions to the Comprehensive Plan Policy Document and Reference Handbook to add Seapines Station Design Guidelines The Policy Document is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown in strikes„ gh. Page 1-98 AGENDA FOR FUTURE ACTION RECOMMENDATIONS:Suburban Area • Develop infill development guidelines as a component of the "Special Area Development Guidelines:Suburban Area" in the Reference Handbook. • Develop tools to encourage new investment in declining commercial centers. • Develop tools to assist distressed property owner associations with the preservation and maintenance of neighborhood parks and open spaces. • Revise the Suburban Area section of the Comprehensive Plan as appropriate when sea level rise and recurrent flooding policies are developed and/or adopted by the City Council. • To ensure that the function of Princess Anne Road is not reduced due to numerous access points within Suburban Focus Area 2.1 (North Courthouse),the City should construct all or a portion of at least two lanes of London Bridge/Drakesmile Extended. Reference Handbook The Reference Handbook is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown in striketlffetigh. Page D-4 33. Seapines Station Voluntary Design Guidelines, 2017 SEAPINES STATION VOLUNTARY DESIGN GUIDELINES CITY OF VIRGINIA BEACH MARCH 2017 x t ,. .,/'dam ar+ :;� . r-S ' ,'.gym yyt< � � ��.� 'x? ... 46411, ott L' x,K�-.(f,#‘,::'•:-...-4:,;)6.0.4 'off �:. ..ff` .4I ` • : its . Y Seapines Station Design Guidelines CONTENTS DEFINITIONS 2 BACKGROUND&PURPOSE 3 LOCATION 3 RECOMMENDED BUILDING PLACEMENT&SETBACKS 5 RECOMMENDED CONCEPTS FOR BUILDING PLACEMENT&SETBACKS 6 RECOMMENED PARKING CONCEPTS 7 SURFACE PARKING,WALKWAYS&DRIVEWAYS 8 GARAGES 9 PARKING STRUCTURES 9 BUILDING ELEMENTS 10 PLANTINGS&LANDSCAPING,SIDEWALKS 14 OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING 15 Cover: Historic Seapines Station Rail station in front of Princess Anne Country Club, circa 1930. DEFINITIONS Alley—A public right-of-way less than 20 feet in width. Street—A public right-of-way that is greater than 20 feet in width. Impervious Surface—Any surface in the landscape that cannot effectively absorb or infiltrate rainfall, including driveways, roads, parking lots, rooftops, and sidewalks. Surface Parking —An uncovered parking area. Parking Structure —A structure, usually multi-story, exclusively for vehicle parking. City of Virginia Beach 2 Seapines Station Design Guidelines SEAPINES STATION DESIGN GUIDELINES BACKGROUND & PURPOSE Concerned with current redevelopment trends in the Seapines Station area of the oceanfront, the Planning Commission requested Staff to prepare guidelines related to site layout, architectural - *,��. elements, scale and massing, parking, and 1 I 1 plantings. The Voluntary Seapines Station Guidelines provide recommendations to encourage mom a quality streetscape and built environment that reduces emphasis on the garage and parking areas, Single-family houses in Seapines Station provides appropriate massing and treatment of buildings, accommodates large porches, and ; k , & _ *, increases plant material along street frontages. - , The Guidelines can be used as a resource for property owners, builders, and developers considering development opportunities within Seapines Station. The Guidelines will offer standards for Staff, and appointed and elected officials 441110 evaluating these development proposals. ; Apartment building on 331Street LOCATION The location of the study area is between 32nd Street and 35th 1/2 Street east of Holly Road, and mid-block between Arctic Avenue and Pacific Avenue. The typical building types in the area include single-family homes, duplexes, townhouses, and two-story apartments. Typical lots are 50 feet by 140 feet, oriented south to north, with frontage on both street and alley. The zoning for most of the area is apartment district, which allows duplexes, townhouses and apartments. City of Virginia Beach 3 Seapines Station Design Guidelines SQA p,NEs c, 351""Ntx • N 0 1 r 3 11$ 3 NS 41°4 u... 11 ig II III II rlr A � A • 1:1Ik S111111\11 4111111:'' 1 n T A . „, A cansJ • yr ,5 IMP V4.1132140 sz Al:* Z TDO O Legend Seapines Station 0 75 150 300 Boundary Boundary Map Feet City of Virginia Beach Department of Disclaimer.For general planning purposes only.January 2017 Planning&Community Development City of Virginia Beach 4 Seapines Station Design Guidelines RECOMMENDED BUILDING PLACEMENT& SETBACKS • The minimum front yard setback for a dwelling is 10 feet (excluding the garage). • The minimum setback for a porch adjacent to a street or alley is 5 feet. • Porch steps may encroach into the setback. • The side yard setback is 8 feet from the property line. • Architectural elements (i.e. bay windows, chimneys, balconies) and wall projections may project into the side yard setback up to 3 feet from the structure, for up to 10 feet in width at a time, to break up the expanse of the side wall. • The minimum rear yard setback for a dwelling along the alley is 10 feet (excluding the garage). • Garages facing the alley should be setback 20 feet from the alley. • A one-car garage can face a street (with a right-of-way wider than 20 feet) when it is setback 36 feet from the front property line. • A minimum separation distance of 15 feet should be maintained between front and rear detached dwellings. —10 REAR SETBACK FROM 8'SIDE SETBACK FROM PROPERTY UNE TO EXTERIOR PROPERTY LINE TO EXTERIOR DWELLING WALL DWELUNG WALL 5'SIDE SETBACK FROM PROPERTY LINE TO ARCHITECTURAL ELEMENTS AND WALL PROJECTIONS UNDER 10 IN LENGTH 10 FRONT SETBACK FROM PROPERTY LINE TO EXTERIOR ^ DWELLING WALL 5'FRONT SETBACK FROM \ PROPERTY LINE TO PORCHES AND BALCONIES PROP 120'-17 RT (,�F \ h�Q 10'•75 COMPATIBLE SETBACK CHARACTERISTICS City of Virginia Beach 5 Seapines Station Design Guidelines POTENTIAL CONCEPTS FOR BUILDING PLACEMENT& SETBACKS* ALLEY PERMEABLE PAVEMENT r -.."-..".-1 ---7-----' - — 7I I PERMEABLE PAVEMENT PERMEABLE # PAVEMENT 3-STORY .. 1600 SF UNIT 'I ' POTENTIAL GARAGE Lii O 2-1/2 STORY 2-1/2 STORY 3 T 3-STORY < a } 1200 SF 1200 SF W o 1600 SF UNIT a GARAGE GARAGE ..0.1 0 C7 I UNIT UNIT 15' w w 5 GROUND LEVEL 3-STORY O PORCH, 1600 SF UNIT ¢ Q UPPER LEVEL OI BALCONYIf it t I ,2-1/2 STORY 2-1/2 STORY 10' 5'EVERGREEN 1800 SF 1800 SF J STREET TREES HEDGE UNIT UNIT &FOUNDATION r--3. 3-STORY PLANTINGS - 1600 SF UNIT _ PERMEABLE I it PAVEMENT 8'-I ?I I FIRST 10'OF GROUND LEVEL '. DRIVEWAY OFF - r ; ' - PORCH. OFA STREET X10 UPPER LEVEL � WIDER THAN 20 BALCONY ( -9'- 10' SHOULD BE NO I' SIDE I 5 t'''\ -- "' 1 WIDER THAN 9' 1 SIDEWALK STREET TREES &FOUNDATION STREET STREET PLANTINGS 50'x140' INTERIOR LOT - . 50'x140' MULTI-FAMILY CORNER I 1 1 CONFIGURATION EXAMPLE 0 0' 20' LOT CONFIGURATION EXAMPLE 0 10' 20' *Each property varies in size, shape and location; therefore, the ultimate layout's number of units will vary from the graphics above. City of Virginia Beach 6 Seapines Station Design Guidelines POTENTIAL PARKING CONCEPTS / POTENTIAL ANCILLARY DUPLEX — PRINCIPAL STRUCTURE T _ _ � — _ I F..—I L _ — _ _ _ _ � 'I �` —i_ _ _ _ _ —pa 1 + — —iI_ � � 1 I I - - - - - / /I `' _ _ 1 I F { I LES _ — i-r 1 — a 1 7 I,I L ' II I -414111-0: IPP. i I /� _ �, _ 1 1 1 1 I w' k_I _ ' J- — Ili f f — _ / — I / I J _ _ _ �/I _ — II PROPERTVIINE lS\ _ t _ 11 I/ Q 1 REAR PARKING SPACES FRONT GARAGE PLACEMENT , / h SINGLE-STACK PARKING SPACES AND DRIVEWAY FRONT LOADED PARKING AND GARAGES POTENTIAL PRINCIPAL DUPLEX / ANCILLARY UNIT _ / STRUCTURE ` _ /r �(/— — _ _ , — — _ a /r — E— — — _ — i -1 _ / / I I — / / IF — i I Y II —1_ — _ — 71 I I II 1 /1 _ /T (I I I 7 1 �-� P��� zo _ ` Y i i I III_--II _ � / —I— _ I I 1 p�7ii `i 1 I I / 1�1; Ili - - _ _ I II / SINGLE-STACK PARKING L- . _ I/ SPACES AND DRIVEWAY PROPERT •-___.....,K "'e' — _ _ __ .... 11/ -{1 UNE REAR GARAGE PLACEMENT _ _ ii/�-Ff 3Q tn REAR LOADED PARKING AND GARAGES City of Virginia Beach 7 Seapines Station Design Guidelines SURFACE PARKING, WALKWAYS & DRIVEWAYS • The use of pervious materials for on-site parking, driveways, and walkways is encouraged. • Driveways along right-of-ways greater than 20 feet in width should be limited to 9 feet in width for the first 10 feet. • If more than 2 cars are parked side-by-side, directly off of the alley, there should be a 5-foot landscaped area between parking areas. • No more than 1 parking space should be installed between a building and the right-of-way along streets wider than 20 feet, and a permeable paving system should be used for 100% of the parking area. • For corner lots, parking areas for the multiple units within one building should be on the interior of the lot and accessed via an alley. If street access is necessary, the driveway width should be limited to 9 feet. • A minimum width evergreen hedge of 5 feet should be installed along the length of any driveway that abuts a north/south property line. • Off-street parking should be placed within the property and not hang into the right-of-way. ' 10 1 ----------- 7-7111 :1111\4 111N: NPv\ V. tee-. 1."14 �rri �iirll i . t },F ,iliFil ., „,.... ., .... „. . „,... . , , , , , r r k: 4 4 inisillii } .e-. . ..�. Driveway runners Recessed garage with quality door treatment City of Virginia Beach 8 Seapines Station Design Guidelines GARAGES • Garages should not act as a focal point and should be located on the side or the rear of the property. • Two-car garage doors are discouraged. • Garage doors should not face streets wider than 20 feet, whether for a duplex, townhouse, row house or for multiple units in one building. • Fabric and prefabricated metal carports are strongly discouraged. • When appropriate, incorporate roof overhangs above garages in order to soften their visual impact. .� .� IMIN MINI IMMO 114 " 1111'i1 _ - Alley parking for multifamily dwellings PARKING STRUCTURES • Parking Structures should be screened from the street by the building and as required by the City of Virginia Beach Landscaping Guide. • Masonry, siding, or stamped poured in place concrete finishes are recommended over precast concrete panels and blank concrete finishes. City of Virginia Beach 9 Seapines Station Design Guidelines BUILDING ELEMENTS HEIGHT • The recommended maximum height between 33rd Street and 35th Street east of Arctic Avenue is 45 feet. • The recommended maximum height between 33rd Street and 35th Street west of Arctic Avenue is 35 feet. • The recommended maximum height south of 33rd Street is 35 feet. • The recommended maximum height north of 35th Street is 35 feet. SEA ptNEs c• cp., 111001'x'1 F b Wig0 ,. P N 73 O ', 3o1{ST t 2 11111 l 73 a ice; ; i ter ' !- Ti, r2 0 v NA Recommended Maximum Height Seapines Station T 0 75 150 300 I 135 feet Height Map Feet 45 feet City of Virginia Beach Department of Disclaimer For general planning purposes only January 2017 Planning 8 Community Development City of Virginia Beach 10 Seapines Station Design Guidelines FACADE TREATMENT, BUILDING FEATURES & MASSING • Multi-family buildings should be designed to evoke the look of a large • single-family dwelling. • Break development into separate ---- %' buildings or vary roof heights and t \ vertical planes to reduce the le, \ I l appearance of bulk. Consideration - should be given to separate , ` y.� '1' structures rather than a large scale / 1✓. jj r r 41. -,:e.,: ; ,. t. 1 , ,, , ,, single building. �: -- t „, • Entryway spacing should be designed , A to create a rhythm and visual i 4 .. . continuity. 4s • Blank walls detract from pedestrian- ` -4.'.:* „,, ., 0.t F d' friendly streets and should be grAkr 'r"'` + �,• . s"" ; t: avoided. Wall projections, deep recesses, changes in material and color, bay windows, chimneys, and Rowhouses other changes in the vertical plane are encouraged to reduce apparent mass. 1 • Reduce repeated façade elements with changes in pattern of window ;,II placement, porch size, porch railing, <. • `'�0. - ;0 porch roof, dormer roof style, -•"• roof accent materials (i.e. standing seam metal roof). ', •-• " ow_.,. ." • Siding should include high quality ii., ` materials that stand up over time to - the effects of salt spray and wind. : Use of masonry and cement btf,a - ` fiberboard is encouraged. e_, 4 - Incorporate window sizes and proportions that are proportionate to Use of wall projections the main structure and consistent throughout the design. Discouraged is the use of taller windows in the second story and above. City of Virginia Beach 11 Seapines Station Design Guidelines • Roof projections and dormers, porches, and entryways are , encouraged in order to soften theie scale and mass of the home. • Flat roofs are discouraged. Roof ,_ forms and roof lines should be I III broken into a series of smaller . '' .,,w ' building components when viewed from the street to reflect the scale of _, "�. I:i�nl the neighborhood or site. Long, I in , _ _ linear, unbroken rooflines that exceed ' Example of desirable building elements and features, such 50 feet are discouraged. as having a porch,varied facade, and high quality building • Maintain similar roof pitches, materials. materials, and treatments for all roofs to ensure a unified design. '''''': PORCHES AND BALCONIES FOR DUPLEX, bil' l TOWNHOUSE & ROW HOUSE DESIGN ::" . -11::::411111::::.1.*-- ` , , ,, ,� ,. • A minimum depth of 5 feet from the exterior wall is recommended for a �, porches and balconies. • A porch should be along at least 50% H I of the width of the dwelling and ',...i �! 1 11 should face the street or an alley. - • Corner lots should incorporate "� `1 porches extending along both streets. • Open, unenclosed and unscreened Porches on duplexes porches should be incorporated into dwelling design in order to promote community interaction. • Columns should have a minimum width of 8 inches. • Solid knee/partial walls that are not semi-transparent are discouraged when facing streets or alleys. Baluster and other open railing systems are preferred. City of Virginia Beach 12 Seapines Station Design Guidelines UPPER STORY DESIGN STANDARDS FOR DUPLEX, TOWNHOUSE & ROW HOUSE STYLE BUILDINGS • As "stacked box" designs are discouraged, structures should be designed with 2.5 stories. ` I • The upper story floor plan should have a smaller / ' 'fit"' .� footprint than the lower floor(s) and be designed /'j • ` with architectural design features such as roof _ 1,11111 till 1111 dormers, shed dormers, balconies, and step L. backs. • Upper floors should step back to allow room for the canopy of streetfront trees to grow. Uitll i,) 1.11111111 Discouraged "stacked box" massing • 11iii11 111111�� i '' Porches on rowhouses City of Virginia Beach 13 Seapines Station Design Guidelines PLANTINGS & LANDSCAPING i : 7 • Landscaping along street fronts should .M. *� . frame, soften, and embellish the quality of • j the residential environment. ii _, _. • Planted areas should be designed to aid in stormwater management, where possible. ,.; . ;' '�' • Plant species selected for sites should be tolerant of oceanfront conditions. - • Fencing along right-of-ways and alleys '�, should be 50% transparent and limited to 4 ___- feet in height. Sidewalk and plantings along street • Plantings and low fences should be used to conceal year-round mechanical equipment and trash receptacles from view from any f right-of-way. • Healthy, mature canopy trees should be 1 preserved to the greatest extent possible. • • Street trees should be planted along right- 1 i of-ways on infill lots and for redevelopment 1 1 elf sites. y r' • At least 1 of the required residential trees I should be planted in the front of a new dwelling. I � �� � y, SIDEWALKS r Iii ; ;n„ • Sidewalks, with a minimum width of 5 feet, • ,,•,.I should be installed along a lot's entire . ' ,.`. frontage in any right-of-way wider than 20 ° " `•11. 4 ,4. feet. 'eygt Y RYA,..z.-• ri d . -.. Sidewalk and plantings along street City of Virginia Beach 14 Seapines Station Design Guidelines OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING Four or more units should provide community spaces such as: • An open space area that is usable and contains a minimum 200 square feet and be at least 15 feet wide at its narrowest. • Community garden with a minimum 150 square feet. • Porches with a minimum depth of 8 feet. • Balconies with a minimum depth of 6 feet. • An accessible Green Roof. frIC • nark t •x :`� - 'i a � s ' Community open space Green roof - _... _ v. l • P .T.. •fir.. AdINEMPlar lr Community garden City of Virginia Beach 15 82 ITEM V-L APPOINTMENTS ITEM#67190 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC June 20, 2017 83 ITEM V-L APPOINTMENTS ITEM#67191 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: PATRICIA WEST Unexpired term thru 02/28/2018 PERSONNEL BOARD Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 84 ITEM V-L APPOINTMENTS ITEM#67192 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DELCENO MILES Four year term 07/01/2017—06/30/2021 TIDEWATER COMMUNITY COLLEGE Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 85 ITEM V-L APPOINTMENTS ITEM#67193 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JENNIFER POWELL Unexpired term thru 03/31/2018 VIRGINIA BEACH CLEAN COMMUNITY COMMISSION Voting: 9-0 Council Members Voting Aye: 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: Jessica P.Abbott Shannon DS Kane June 20, 2017 86 Item -V-O ADJOURNMENT ITEM#67194 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:33 P.M. Amanda Finley-Barnes, MC Chief Deputy City Clerk 'uth Hodges Fraser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia June 20, 2017