DECEMBER 5, 2017 MINUTES rrrQywuac4
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 5, 2017
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the AFRICAN
AMERICAN CULTURAL CENTER in the City Council Conference Room, Tuesday, December 5, 2017,
at 3.:00 P.M.
Council Members Present:
Jessica P. Abbott, Al Benjamin Davenport, Robert M. Dyer, Barbara
Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Absent:
Rosemary Wilson Family Vacation
2
CITY COUNCIL'S BRIEFINGS
AFRICAN AMERICAN CULTURAL CENTER
ITEM#67606
3:00 P.M.
Mayor Sessoms welcomed Dr. Amelia Ross-Hammond. Dr. Ross-Hammond expressed her appreciation
to the City Council for their continued support. She recognized the Executive Board Members and
supporting citizens in attendance and distributed a copy of the presentation which is made a part of the
record.
December 5, 2017
ACC
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AFRICAN AMERICAN CULTURAL CENTER
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Summary of the Feasibility Study
for
The African American Cultural Center
City of Virginia Beach
WEBB MANAGEMENT I HANBURY
NOVEMBER 2017
ACKNOWLEDGMENTS
In 2016, Webb Management, Inc. was hired by the summary of the resulting report which includes a
Virginia Beach African American Cultural Center; needs assessment and preliminary physical and
an established nonprofit organization; to develop a business plans for the recommended cultural
feasibility study for a cultural center focused on the center. Physical planning work has been completed
history and community of African American people by our associate architects, Hanbury, whose
in Virginia Beach.That work began in earnest in deliverables are presented within the larger study.
March 2017 and we are pleased to present this
AFRICAN AMERICAN CULTURAL CENTER EXECUTIVE BOARD
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The Honorable Amelia Ross-Hammond Dr. Linda Bright A. Bruce Williams
Founder& Executive Director, Project President 2nd Vice President
Manager
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Cheryl Davidson Jim Banks Wanda Cooper, Esq.
Secretary Board Member Board Member
HANRURY *WEB.BB MANAGEMENT.!NC.!NoVFME3ER 2011
This work was completed over an eight-month & Executive Director, Dr. Amelia Ross-Hammond;
period which included community engagement Executive Board President, Dr. Linda Bright and
efforts, analysis of local and regional facilities, and their fellow members of the Virginia Beach African
comparable efforts around the country. Our team American Cultural Center, Inc. Executive Board of
is grateful to all of the individuals and organizations Directors.
that informed our work, most importantly Founder
•
•
Hugh Greene Terry Calhoun Juan Turnes
Board Member Board Member Board Member
Vanessa Moore Wayne Jones
Board Member Board Member
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• AFRICAN AMERICAN CULTURAL CENTER
AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH
VISION STATEMENT OUR MISSION
AACC will be the regional leader in generating To collect, preserve, interpret and celebrate
historical and cultural content through programs, Virginia Beach and Princess Anne County's African
artistic performances and curated exhibits. American history, culture and community from mid
1600s to the present, and to inform and educate
the public about their achievements in business,
politics, religion, civic organizations and the Arts,
and include regional African American History.
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GOALS
To create an opportunity for those who would A center to showcase the struggles of African
love to learn more about African American Americans for civil rights and how they have
culture, and to explore and revel in its history. impacted freedom struggles regionally and
To reiterate the important role of African around the world.
Americans and share how essential African To build partnerships with African American
American culture and history is to our City. historic sites and cultural center in the region
and nationally.
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';,. African American Cultural Center
Community Advisory Committee
le together in likeness.
AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 4
THE PROPERTY
The project site is located at the corner of
"With a goal of making Virginia Beach another Newtown Road and Hampshire Way.The site is
'hub for African American culture and a historic a combination of two plots with a total area of
resource in the region,' the center is proposed 4.83 acres. Oriented in a north/south direction,
to be constructed on 4.83 acres of land the city this linear site has three evident zones, which are
conveyed to the organization at Lake Edwards Park, defined by a stepped tree line buffer separating the
surrounded by six historically African American property from a residential apartment community.
neighborhoods — Newsome Farm, Lake Edwards, The site is a mixture of trees, shrubs, open green,
Burton Station, Reedtown, Grace Town and Lake and three community basketball courts. Although
Smith housed on the property belonging to the AACC,
'It will be a place where local residents and tourists the basketball courts will remain a full access
can learn about the richness and diversity of the component of the community, with refurbishment
African American experience relating to their lives or potential relocation on site.There is vehicular
historically, aesthetically, spiritually and culturally,' and pedestrian access to the site on three sides.
said Dr. Amelia Ross-Hammond, the City Council Vehicular entry to the site is predetermined by
member who has championed the center. 'It will a curb cut entry at the intersection of Newtown
highlight the contributions of African Americans Road and Diamond Springs Road.
to the region and establish an additional tourism
asset for Virginia Beach.We will continue to seek
public involvement throughout each phase of
development.— -City of Virginia Beach Press Release
THE PROPERTY: OPPORTUNITIES
existing mature trees
refreshed basketball courts •
connection with the
neighborhood = 0 -
» off-street visibility, prominent _ _
corner view
on public transportation route
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'IERICAN CULTURAL CENTER I VIRGINIA BEACH ,
LOCAL AND REGIONAL RESIDENTS
MARKET CHARACTERISTICS
Large and growing, with most recent growth in Larger than average young adult/Millennial
outer lying areas (30-mile radius and CBSA.) population and lower than average proportion of
City and 15-mile radius are well-educated and more older adults.
affluent than the region.
900.000
■2000
Census
500 000
•2010
Census
700.000
•2016
600.000 Estimate
2021
500.000 Projection
400.000
300.000
200.000
100.000
a
Virginia Beach 15-m it a Rad iu s
Population:Local Market
•Virginia Beach
$150,000 or more a 15-mile Radius
30-mile Radius
II CBSA
$100,000to
$149,999 `
USA
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$75,000 to$99,999 0111111111111111111111111r
$50,000 to$74,999 IIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIFI
$25,000 to$49,999 a` _1
OIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIII
Less than$24.999 3
0% 5% 10% 15% 20% 25%
Household Income Distribution
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5.00%
'2030-20'O Pi I kiblki►
4.50% (Nor rralczec ,� \` \%1
4.00% •2DID-20?5 ,*#1 •
3.50%
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3.00%
2.50%
2.00%
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Virginia Beach 15-ni le Radius 30-ni le Radius
Population:Growth Rate • ' lit'
4
35%
■Mrginia Beach
30% lqi
25%
•15 mile Radius
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"30-mile Radius
CBSA
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20%15%
10%
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5%
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Graduate Degree and higher Bachelors Degree and higher
Educational Attainment
'.FRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 8
LOCAL AND REGIONAL RESIDENTS
Thirty-two percent of the regional population is
African American while 12 percent of the US
population is African American.
Virginia Beach includes an African American
community that is larger than the national average,
but proportionally smaller than the 15-mile radius,
30-mile radius and CBSA.
•Virginia Beach
Black or African American
_______________________________________
115-mile Radius
Native American or " '30-mile Radius
Alaskan Native
CBSA
l:3 ,11
Asian i USA
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Hispanic or Latino
White L , , .ly'` . . r,_ 4fN :_:It."<. ,;x..
0% 10% 20% 30% 40% 50% 60% 70%
Race+Ethnicity
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AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 10
LOCAL AND REGIONAL AFRICAN AMERICAN RESIDENTS
Local African American population grew at a rate
of eight percent+ between 2010 and 2015 while
the regional African American population grew very
little.
600.000
■2010 ACS
2015 ACS
500,000
400,000
300.000
200.000
100,000
0
Virginia Beach VA Beach-Norfolk-Newport News CBSA
Black/African American Population
10%
■2010-2015
9%
8%
7%
6%
5%
4%
3%
2%
1%
0% _
Virginia Beach VA Beach-Norfolk-Newport News CBSA USA
Black/African American Population Growth(%)
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Bachelors degree or higher
, if 1,4,,,.-., 2ENS 14 i. . .. al
Some college or Associate's 4
degreean.- =,'
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0% 10% 20% 30% 40% 50",
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AFRICAN AMERICAN CIJLTLJRAL.CENTER I VIRGINIA BEACH 1:
PROGRAM OPPORTUNITIES USES, USERS + PARTNERS
Permanent + temporary exhibitions POTENTIAL PARTNERS
Youth-specific educational programming Local School System
Hands-on and educational programming for all ages Develop and delivery education programs
Artists-in-Residence
Regional Cultural Institutions (such as the
Performing Arts, Film Presenting, Lectures, Sandler Center and Attucks Theatre)
Broadcast/New Media Programming partnerships
Festivals and special events programming Marketing partnerships
Arts, nonprofit and community rentals
Regional Colleges and Universities
Research functions to support exhibitions and
programs
Partnerships for lectures
Connections to existing archives and collections
Regional Public Radio (WHRO)
Occasional on-site programming
Indoor Square Footage vs. Rating
4.0
• History/Culture
• 3.5 •
• Community/Youth
• • • • 3.0 9 Science/Living
, Collections
•
•11 2.5 - — • Visual Arts
CO
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10,000 40,000 60,000 80,000 100,000 120,000 140,000
1.0 - --
0.5
7
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square feet
Virginia Beach Museums and Cultural Centers
LOCAL AND REGIONAL FACILITY INVENTORY . -_
Large facilities tend to be higher in quality. lit® , ----
Large facilities offer a greater variety of *("1.
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programming. T. i
Most facilities (30) are smaller than 20,000 square ! t
feet. l d
Fifty percent fall under the discipline of 'History/ . aplaiii iis ili la
Culture'
Eighty-three percent host historic/cultural I
programming, some of which pertains to African
American history.
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Only two facilities (the Hampton University ti ''
Museum and the Union Kempsville Museum) focus _ .pic~'" "
specifically on African American history/culture. 4. Vivi; rirce'
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AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 14
BENEFITS + IMPACTS
INTERVIEWS An African American Cultural Center THE CITY OF VIRGINIA BEACH. Project aligns with
center could: the City's 2029 vision for Virginia Beach, as well
Bridge communities: Bring together residents as goals expressed around supporting a broader
from Virginia Beach's twelve African American sense of regionalism as well as goals expressed
neighborhoods, and connect the African in the City's Comprehensive Historic Preservation
American community with the greater Virginia Plan.
Beach community.
Be a leader in equity + inclusivity: Play a ARTS PLAN 2030 Project aligns with goals and
leading role in issues related to equity and a plans to celebrate the City's history and diversity.
perceived disparity between City leadership and
the African American community.
Provide an unfiltered experience: Be a space
where the history and culture of the African
American community is shared in your words
and from your own perspectives.
Set a precedent for sustainable building: Be a
leader in sustainable building in Virginia Beach.
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CONCLUSIONS + RECOMMENDATIONS
FACILITY RECOMMENDATIONS
A regional African American Cultural Center on the
Lake Edwards site that:
» Focuses on providing education and » Includes informal and flexible spaces.
experiences related to regional African
American history and culture. » Is authentic to the local and regional African
American experience.
» Serves as a regional destination and resource
that is also centered on community. » Is developed in phases.
» Operates as a cultural center as opposed to a
museum (no tangible collection).
•
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CONCEPT AND COMPONENTS
C 0 PHASE ONE
Community The plan is to develop a multi-use arts center in
Great Room (informal gathering) two phases, with the following components:
Theater (formal gathering) Exhibition areas
A great room
Artist studio space
Flexible education/program spaces
» Administrative space for full and part-time staff,
E d u cat ion including a small break room for volunteers.
Flexible Learning
Concessions area for visitors.
Meeting Rooms
Small warming kitchen.
Artist-in-Residence
Storage space for relevant materials and
supplies.
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CONCEPT AND COMPONENTS
PHASE TWO
» A formal indoor performance space in the
range of 250-seats
» Retail space
Infrastructure for outdoor events including film
and live performance
» Larger catering/teaching kitchen
» Cafe with food and drink available for sale to
visitors
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1FRICA N AMERICAN CULTURAL CENTER I VIRGINIA BEACH 18
AFRICAN AMERICAN CULTURAL CENTER 8/30/2017
Program Concept Hanbury+
Virginia BeachWebb Manegemen Inc.,
Space 4 Space i Description Occup. Quantity ASF Total ASF ? Commen..
PHASE 1 SUBTOTALS322 3,'2•1 3.9[;99
100 ertuee 295 7,209 7,334
101 Great Room - 202 3,700 3,700 Board Request for 200
a Gathering Space 200 1 3,200 3,200 1 16 st per person
b Storage 2 1 500 500 300 st per person
—
102 Exhibition Areas 23 1_400 1,400
a AAVB/Princess Anne County History 20 1 600 600 30 30 sl per person
b Storage 1 1 300 300 300 st per person
c Undisplayed Exhibits 2 _1 500 500 300 st per person
103 Temporary Exhibition Area 11 450 450
a Staging 10 1 300 _ 300 30 30 sf per person
b Storage 1 1 150 - 150 300 sl per person
104 Artist In Residence 6 150 150 -
a Staging 6 1 90 _ 90 15 15 st per person
b Storage 1 60 60 300 st per person
105 Flexible Education/Multipurpose Program 22 715 715 Board Request for 20
a Working Space 20 1 500 500 25 25 st perperson
b A;V 1 1 15 15 300 st per person
c Storage -- 1 1 200 200 300 sl per person
106 Meeting Room/Study-Medium 15 450 450
a Conference Area 12 1 300 300 25 25 st per person
b Small Library - 3 1 150 - 150 50 _ 50 st per person
107 Meeting Room-Small 5 1 125 125 25 25 sf pnr person
108 Concessions 2 200 200
a Vending 1 1 100 100 100 100 st per person
b Grab and Go 1 1 100 100 100 100 sl per person
109 Small Warming Ktchen 9 1 144 144 16 i n st per person
200 Administrative Space 23 745 965
201 Reception Desk 2 1 50 50 _ 25 2s sl per perm 1-1
202 Staff Office 2 2 220 440 110 110 st per person
203 Meeting Room-Medium 15 1 375 375 25 25 st per person
204 Break Room 4 1 100 100 25 25 st per person
300 Support Space 4 370 670
301 Housekeeping 2 2 60 120 30 300 st per person
302 Closet(Staff Coats) _ 0 1 30 30 300 st per person
303 Equipment Storage 1 _ 1 200 200 300 st per person
304 Toilets-Women 1 4 40 160 40 40 st per person
305 Toilets-Men 1 4 - 40 160 40 40 sl per person
400 Building Support Spaces not in subtotal
401 Mechanical
402 Trash
403 Building Storage
600 Cirduatlon not in subtotal
501 CorridorsNestibule
502 Stairs ---
Pulse 1
Total Phase 1 SF 14,799
What's the BIG Idea? ... Co Ed Cu
» Community/Gathering/Sharing » History/Culture/Tradition
» Education/Learning » Sustainability (Process and Environmental)
AFRICAN AMERICAN CULTURAL CENTER O
Program Concept 1
Virginia Beach Webb Management Inc.
Space# Space Description Occup. Quantity ASF Total ASFComments
PUBUC SPACE-PHASE 2
ASE 2 SUBTOTALS r -. . . ....
496 12,057 12.307
600 enues 428 10,491 10, ,1
601 Formal Performance Space 365 9,175 9,175 Board Request 1or250
a Flexible Seating 250 1 2,500 2,500 10 250 seats retractable
b Large Stage 90 1 2,700 2,700 20 30 sl per person
c Back of House/Scene Shop 6 1 2,700 2,700 100 100 sl per person
d Dressing Rooms/Toilets 16 1 640 640 40 hdl bath @ 2 single 8,1 group
a Storage 1 1 500 _ 500 300 st per person
-f A/V Closet and Storage 2 1 135 ^ 135 100 st per person
602 Retail - 26 650 650
a Retail Floor 25 1 500 500 20
20 st per person
b Storage - 1 1 150 150 300 sl per person
603 Expanded IGtchen(Catering/reaching), 7 216 _ 216 --'
-- a Prep Area _ 6_ 1 96 96 16 16 sl per person+phi kitchen
b Storage - 1 1 120 120 300 sl per person
604 Cafe - -30 1 450 - -450 15 15 st per person
700 Support Space 4 140 440
701 Toilets-Women _ 1 4 40 160 40 40 st per person
702 Toilets-Men 1 4 40 160 40 40 st per person
703 Housekeeping 2 2 60 120 30 300 sl per person
800 Staff Space 1 110 110
801 Security 1 1 110 110 110 110 sf per person
900 Building Support Space not in subtotal
901 Building Technology _
902 Loading Dock
903 Mechanical/Fire Protection
904Storage
905 Trash - -
1000 Cirduation
not in subtotal
1001 Conidors/Vestibule
1002 Stairs --� --
11M
�rw w000r
1101 Outdoor Event Space
a Concrete Stage
-
b Level Seating Area
cInfrastructure(AV,power,screen/screen walk -- - - -
1102 Parking-326 spaces - -
a On-site Parking-122 spaces-Phase One - -b Off-site Parking-204 spaces_Phase Two - - -
Phase 2
Total Phase 2 SF 20,389
Subtotal Phase 1 SF
14,799
Subtotal Phase 2 SF 20,389
Places and Spaces that Demonstrate the
BIG Idea
» Community/Sharing - Great Room, » History/Culture/Tradition - Exhibition
Performance Venue, Kitchen, Cafe » Sustainability (Programmatic, Activity and
» Education/Learning - Flexible Education/ Environmental) - Spaces that facilitate
Multipurpose, Meeting Rooms "sustainability"
AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH LG , 1 i
CAPITAL BUDGET
The capital budget is based on relative costs, The breakdown of the costs phasing is as follows:
comparative project data, and supportive data PHASE ONE: $8,657,000
from the research of Webb Management, Inc. Our
research assigns a relative cost of $450 per square PHASE TWO: $11,928,000
foot to the project.The 'per square foot' costs are TOTAL PROJECT: $20,585,000
inclusive of construction with FFE included.Total
project, considering both phases, the capital cost is
$20,585,000.
AFRICAN AMERICAN CULTURAL CENTER 8/3012017
Program Concept Hanbxry
Virginia Beach Webb Management Inc
Phase 1
Subtotal Assignable Area 8,969
Program Efficiency Ratio Multiplier @ 70.0% 1.65
GSF Gross Area 12,813
Contingency 10.0% 1,281
Total Phase 1 SF 14,799
Cost per SF 450
Construction Cost $ 6,659,482.50
Soft Cost Multiplier @ 1.3
Capital Cost $ 8,657,327.25
Phase 2
Subtotal Assignable Area 12,357
Program Efficiency Ratio Multiplier @ 70.0% 1.65
GSF Gross Area 17,653
Contingency 10.0% 1,765
Total Phase 2 SF 20,389
Cost per SF 450
Construction Cost S 9,175,072.50
Soft Cost Multiplier @ 1.3
Capital Cost $ 11,927,594.25
Phase 1+2
Subtotal Assignable Area 21,326
Program Efficiency Ratio Multiplier @ 70.0% 1.65
GSF Gross Area 30,466
g i Contingency 10.0% 3,047
Total Project SF 35,188
Cost per SF 450
Construction Cost $ 15,834,555.00
Soft Cost Multiplier @ 1.3
Capital Cost $ 20,584,921.50
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AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 22
SITE PLANNING STUDIES
Analysis of the site reveals that the best potential with a concrete stage, available infrastructure, and
location for a building is at the center-third of the level green area for seating.The southern-third of
site - the core. With the building being placed the site is the widest of the three and better able
central to the site, the natural zones created by to handle parking accommodations.The parking
the form of the site, work in conjunction with requirements of the first phase reflect the majority
studied program adjacencies.The core will be of the on-site parking desired by the user and
able to house the first phase of the building recommended for the site.The balance of parking
program, in addition to the green space for exterior is intended to be off-site, on nearby surface parking
programming.The northern-third of the site at partnering businesses and shopping centers.
remains a densely populated green space in phase Service and drop-off access is accommodated at
one and move toward an open green in phase and around the physical building at the core of the
two. Further development of the northern portion site.
of the site will incorporate outdoor event space
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SCHEME A SCHEME B SCHEME C
PROGRAMMING EXERCISE
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30 August 2017
African American Cultural Center (Phase I)
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African American Cultural Center (Phase II)
AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 26
i ,
CO-ED-CU WALLS OF MEANING
Areas of
Protection:
Built Identity
"Built identity—the deliberate shaping, forming and t
commonality, security and cohesion of a people. At ti
stands as a symbol of built identity and community, a
safety. As a symbol of its past, the AACC is a moderr
shaped in the form of Community, fostering Educatio
- Chris Charles and Jeffrey Butts , Hanbury
A place of
i
together in 1,
Areas of
Transmission:
Oral/Written Memory
"Oral transmission - the vocal passage of history thrc
education of one's community and culture. The buildii
oral memory. Told through the building's walls and su,
graphics and technology, these stories can be feature
- Jeffrey Butts and Chris Charles, Hanbury
immemonp
xturing of a constructed space—is central to the
e heart of the built Liberian tradition is the palava hut; it
place of bringing a people together in likeness and
day palava hut embracing African American culture,
p, textured in the pattern of Culture."
inging
17
rkeness
■
ugh generations past - is a foundational element in the
g's architecture can be the built embodiment of that
Faces, exploring the possibilities of light and shadow,
i in moments in spaces that bring people together"
AFRICAN AMERICA 4,..:L i ai.BEAL,i .o
OPERATING GOALS
1. Highlight African-American heritage and culture facilities that drive economic and community
in the region for the benefit of all African development; and
Americans, the permanent regional population 5. Utilize a sustainable business model primarily
and other visitors to the area driven by earned income
2. Provide affordable access to well-equipped These goals will guide leadership towards good
performance, rehearsal, and support spaces to decisions in the day-to-day operations of new
local and regional African American artists and facilities. Each goal makes sense and seems
arts organizations reasonable. It is the combination of these goals
3. Support local businesses, government, the CVB, that is challenging—providing access, staying
and citizens with professional meeting and event busy, and managing costs in a way that the facility
facilities delivers value to the community while remaining
4. Contribute to the economic vitality of Virginia financially sustainable.
Beach and the wider region with active
STAFFING
- 1 I
afullima stiff =staff salt gene seaR
Technical
Director
Technical Staff Custodian Event Staff
iANi3l;'-Y + \^.[B5"At(AFMENT,iNC. N:
GOVERNANCE
We would also stress the importance of developing Local and Regional Colleges — can provide
strong partnerships in order to fully realize the student labor, support exhibition efforts and also
potential of the Center, we would encourage the partner on various programs.
further development of partnerships with the
following groups: Regional Cultural Facilities and Programs — also
a partner on program development and delivery,
» The City of Virginia Beach — will provide ongoing plus support for regional marketing efforts.
operating support on the basis of programs and
activities that serve a range of City residents.
» Regional School District — a partner in the
development and delivery of programs serving
local school children.
Board of
Direct ors
Executive
Direct or
Event Manager Development Admin TicketingilT
Director Assistant Manager
I i
Event Cleaning Volunteer
Manager Ticketing Staff
AFRICAN AMERICAN CULTURAL CENTER VIRGINIA BEACI, 3
PRO-FORMA OPERATING BUDGET
A pro-forma operating budget has been pro- penses based on that growing set of activities.
jected for the new cultural center, starting Finally, we suggest what sources and levels
one year before opening and then extending of contributed income are required to sustain
through the first five years of operations, with operations.
the second phase opening in Year 4.
Overall, the Center is fully activated and deliv-
We first project earned income, which comes ering significant value to the community from
mostly through rentals and internal programs. the outset, with over one-half of the budget
Then we forecast staff and other operating ex- supported by earned income.
Pro-forma Budget Summary Pre-Opening Year 1
Earned Income
Ticket Sales 52,800
Rental Income 132,565
Theater User Fees 40,539
Food Service 37,252
Miscellaneous Income 73,308
336,464
Contributed Income
Individual Contributions 30,000 60,000
Corporate Contributions 0 25,000
Foundation Grants 30,000 45,000
Government 100,000 200,000
Endowment Revenue 20,000 22,000
180,000 352,000
Total Income 180,000 688,464
Operating Expenses
Total Personnel 169,000 426,982
Programming Costs 0 78,400
Fundraising 13,000 26,000
Box Office 0 26,193
Administration 23,500 49,500
Occupancy Costs 0 83,300
Total Operating Expenses 205,500 690,375
Result of Operations -1,911
Allocation from Capital Budget 30,000 10,000
Allocation to Capital Reserve 0 0
Final Result 4,500 8,089
' Op Expenses/Earned Income 0 49%
I
Year 2 Year 3 Year 4 Year 5
59,272 66,128 92,745 102,415
143,555 153,631 207,867 221,864
43,974 46,749 91,823 97,270
40,834 44,571 103,243 110,350
79,560 86,143 135,746 147,287
367,194 397,222 631,425 679,186
63,000 66,150 132,300 138,915
26,250 27,563 55,125 57,881
47,250 49,613 99,225 104,186
210,000 220,500 330,750 347,288
24,200
370,700
26,620 29,282 32,210
390,445 646,682 680,480
737,894 787,667 1,278,107 1,359,666
444,527
84,943
492,788 713,692 743,332
91,747 191,039 201,754
27,300 28,665 30,098 31,603
28,511 30,625 53,379 58,110
51,975
54,574 57,302 60,168
84,966 86,665 214,682 218,976
722,222 785,064 1,260,193 1,313,943
15,672 2,603 17,914 45,722
I 0 0 0 0
0 0 0 25,000
15,672 2,603 17,914 20,722
I51% 51% 50% 52%
AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 32
1 , i
•
ECONOMIC IMPACTS
SUMMARY OF ECONOMIC IMPACTS ON VIRGINIA BEACH
Construction Impacts Input (Local Expenditures) $20,000,000
Output (Sales) $28,924,000
Earnings 8,406,000
Jobs Created (person-years) 175
Ongoing Annual Impacts Input (Year 4 Spending) $550,000
Operations Output (Sales) $859,845
Earnings 203,335
Jobs Created (annual) 5
Audience Spending Input (Year 4 Activity) $676,520
Output (Sales) $1,062,971
Earnings $225,798
Jobs Created (annual) 8
Total Annual Operating Impacts Output (Sales) $1,922,815
(Operations + Audience Spending) Earnings $429,133
Jobs Created (annual) 13
ECONOMIC IMPACTS
Beyond quantitative impacts, a new African-
American Cultural Center can have additional -
qualitative impacts: • `� 1
» The project could be a catalytic project for the 1 ,; °[il d Al .
neighborhood and City, kicking-off growth andii s '-- Ill Ill
development throughout the area p � - at-m71
» The Center could play a role in corporate
recruitment, attracting progressive and diverse
companies, workers, and residents to Virginia
Beach
The Center could be an important aspect of
developing more tourism, attracting African-
Americans from throughout the region r
t -
. f ,v;,- . ,.;jY
AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 34
AFRICAN AMERICAN CULTURAL CENTER CRITICAL PATH PLAN
2018 2019 2020
01 02 03 04 01 02 Q3 Q4 01 Q2 Q3
Track One: Fundraising
Form capital campaign committee
Capital campaign consultant hired
Capital campaign targets
Phase 1 capital campaign
Phase 1 naming rights secured
Phase 2 capital campaign _
Phase 2 naming rights secured
Track Two: Planning, Design & Construction
Form building committee
Design team contracting
Programming and costing study
Schematic design
Design development
Contract documents
Bid period
Construction 111111111111111111
Commissioning
Track Three: Planning for Operations
Form operations committee
Develop resident application guidelines
Accept resident applications
Negotiate resident organization agreements
Programming strategy approval
Annual programming approval
Define ticketing system needs
Develop ticketing system RFP
Ticketing system in place
Develop food and beverage RFP
Develop preferred caterer guidelines
Select concessionaire(as required)
Select preferred caterers
Booking policy
Rental rate schedule
Rental agreement form
Insurance plan1%1%
Write technical specifications
Maintenance plan
Capital replacement plan
Safety procedures
Train staff
Contractors in place
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2021 2022
01 02 Q3 04 01 02 Q3
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AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH
I
CASE STATEMENT
The 1st African-American Cultural Center has will also provide much-needed facilities for
been proposed to tell the story of African the local community, and will further enhance
Americans in Virginia Beach and the Hampton the Virginia Beach's 2030 Arts Plan for a more
Roads region, with a 4.83 acre site along culturally diverse community. The Center
Newtown Road identified and donated to the will be sustained with an appropriate and
project by the City of Virginia Beach. achievable mix of earned and contributed
income.
This will be a place that brings people For those reasons, the African-American
together, fostering community, providing Cultural Center is a project worthy of support.
education and celebrating African-American
history and culture in the region.The Center
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'""� THE DRUM IN DETAIL: Walls of Meaning
Let the story be told through light and shadow.
Glowing Drum: At Night
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AFRICAN AMERICAN CULTURAL CENTER I VIRGINIA BEACH 38
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3
CITY COUNCIL'S BRIEFINGS
MINORITY BUSINESS COUNCIL
ANNUAL REPORT
ITEM#67607
3:25 P.M.
Mayor Sessoms welcomed Patti Phillips, Director-Finance. Mrs. Phillips advised the presentation will
be rescheduled as Ms. Guerrier, the Vice-Chair had to unexpectedly leave; however, she wanted to take
this opportunity to provide a quick update. Mrs. Phillips advised the FY2017 Total Minority
Expenditures were 6.8%overall:
FY17 Expenditure Summary Report
Prime Subcontractor Total Expenditures Percentage
Non OP Expenditures(Goods and
Services) $142.9
Minority Business $10.9 $1.2 $12 1 8.5%
Women-Owned $12.9 $0.1 $130 9.1%
Service Disabled Veteran $0.2 $0.0 $0.2 0.1%
Total MBEs,WBEs,$DVs I$24.0 I $1.3 I $25.3 I 17.7%
Total CIP Expenditures $158.0
Minority Business $5.4 $2.9 $8.3 5.3%
Women-Owned $4.8 $7.4 $12.2 7.7%
Service Disabled Veteran $0.3 $0.0 $0.3 0.2%
Total MBEs,WBEs,SDVs I $10.5 I $10.3 I $20.8 I 13.2%
Total Expenditures 300.9
Minority Business $16.3 $4.1
Women-Owned S17 7 $7.5 $25.2 8.4%
Service Disabled Veteran S 0.5 $0.0 r.5 0.2%
Total MBEs,WBEs,SOVs EMI $11.6 IIIIIMETTI 15.3%
Ne e,wa,granw.numo innnonhcur, oar
NOTE:Commonwealth of Virginia Expenditure% ea•.SoON.aclas nonan^rr^.na.
For minority-owned businesses for FY17=4.69% sour.rwr.8890 Virginia Gov
December 5, 2017
4
CITY MANAGER'S BRIEFINGS
SANDBRIDGE BEACH REPLENISHMENT
PROJECT
ITEM#67608
3:32 P.M.
Mayor Sessoms welcomed Phill Roehrs, Water Resources Engineer — Public Works. Mr. Roehrs
expressed his appreciation to City Council for their continued support:
Public Works
Sandbridge Beach Restoration
Program Update
T
City Council Briefing
Phill Roehrs,Public Works Engineering
•
December 5,2017
Here is the Program Background:
Sandbridge Beach Restoration
Program Background
1998-Initial Construction($8 Mil)
"--12003-Replenishment($11 Million)
2007-Replenishment($io Million)
2013-2 Million CY Replenishment($16 Million)
Storm Damage Aversion Since Hurricane Isabel(Approx.$8oMil.)
Since 1998-Community Assessment Value from$200 M to$800 M
December 5, 2017
5
CITY MANAGER'S BRIEFINGS
SANDBRIDGE BEACH REPLENISHMENT
PROJECT
ITEM#67608
(Continued)
Sandbridge Beach received the American Shore & Beach Preservation Association 2017 Best Restored
Beaches Award:
>.Sandbridge Beach Restoration
�`: ✓f'American Shore 8 Beach Preservation Association
2017 Best Restored Beaches Award
The Best Restored Beach Award Is Based on the following categories:
r. The economic&ecological benefits the beach brings to the community,
2. The short.and longterm success of the restoration project;and
3. The challenges each community overcame during the course of the project.
•
•
.z..
Award to be presented at the
March 2018 ASBPA
Coastal Summit
In
Washington D.C.
A full survey is conducted every six(6)months:
Sandbridge Beach Restoration
\ % Beach Profile Monitoring Program
w..s vt....w R.e..,w,r
e...h t,..w c..nel n•M.r...WNW.
s.yr,a...►V nas.I*
p,w xer ,s,,..••of how:.1.1
December 5, 2017
6
CITY MANAGER'S BRIEFINGS
SANDBRIDGE BEACH REPLENISHMENT
PROJECT
ITEM#67608
(Continued)
Prior to 1998, Sandbridge Beach had a very narrow/low beach and lost approximately 44 homes:
Cat). Sandbridge Beach Restoration
Profile Evolution
10
Typ.Fall 2016 Profile '
8
35'to 90' '
2013 Berm Elev.=7.0Fr NAVD 88
6 2013
00' IL Post Construction Profile
Auth.Berm Elev..5.2FT HOD 88 20
1L
20 atlfW=1.3Fr KAYO 88 '
0 q*
off. N
'5'' 2.00,l. \
ly9e
kdl
Existing Seawall 4 'r
Off/ , -
1.1
The last survey took place eight(8) months post Hurricane Matthew:
Sandbridge Beach
\ ./ Restoration
Beach Profile Monitoring Program
Spring 2017 Beach Monitoring Results
Comparison Parameter Quantity
Average Shoreline Change at MHW(•1.3 ft.NAVD88) •14.7 ft. '
Cum.Volume Change Above MLW(-2.2 ft NAVD88) •135.034 cy
Nov 2016 vs June 2017 '
Cum.Volume Change Above-8 ft.NAVD88 +273.539 cy
Cum Volume Change Above-16 ft.NAVD88 -20,687 cy '
Average ShorNme Change Rate at MHW(+1.3 ft.NAVD88) -21.7 ftlyr.
Cum.Volume Change Rate Above MLW(-2.2 ft.NAVD88) -131.288 cy/yr.
June 2013 vs.June 2017
Cum.Volume Change Rate Above-8 ft.NAVD88 -184.445 cy/yr.
Cum Volume Change Rate Above-16 ft.NAVD88 -135.452 cy/yr. '
Template vs.June 2017 Average Remain ng Desgn Life Based on MHW Changes 5.8 yrs
December 5, 2017
7
CITY MANAGER'S BRIEFINGS
SANDBRIDGE BEACH REPLENISHMENT
PROJECT
ITEM#67608
(Continued)
Here is an Overview of the Mean High Water(MHW)Shoreline Change:
MEAN HIGH WATER(MHW)SHORELINE CHANGE
June 2013 to June 2017 I
2200&K TUNA IN PIKE I.N LITTLE ISLAND PARK 1 I
SANDFIDDLER RD
y@ r
r 1 �tlk
Ip 11i
thaw
-20
-16.0Ry1. 55. R.yr. ® 16.IR/yr. *1!;
t
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161.
Here is an Overview of the Project Cost Sharing History:
Sandbridge Beach Restoration
��• r
Project Cost Sharing History
• 1998 Initial replenishment • 100%City Funded
• 2003 Second cycle-65%federal, 35%City
• 2007 Third cycle-approximately 20%federal, 80%City
• 2013 Fourth cycle- 100%City Funded
• December 5, 2017
8
CITY MANAGER'S BRIEFINGS
SANDBRIDGE BEACH REPLENISHMENT
PROJECT
ITEM#67608
(Continued)
Here is the Proposed 2018 Beach Nourishment Project:
Sandbridge Beach Restoration
Proposed 2018 Beach Nourishment Project
• Briefed civic league on April 17,2017 and September 5,2017 about current
state of the beach and upcoming nourishment.
• 2018 project to place 1.6 MCY of sand along the 5.3 mile shoreline.
• Federal funding is most likely unavailable,it is proposed that the City will
contribute 100%of funds as allowed under 33 U.S.C.701h.
• $21,500,000 budget estimate(available from appropriated SSD and TIF funds)
• Contributing Funds Agreement(CFA)commitment letter signed by the City
Manager in September 2017.
• Review of draft CFA underway,will be presented for Council consideration in
January 2018.
• Design efforts and environmental coordination underway.
• Plan is to advertise contract in March 2018 and to commence sand placement in
late summer of 2018.
Sandbridge Beach Restoration
Summary
• Last nourishment completed in June 2013(100%City Funded)
• Project is performing well and meeting expectations
z
• 2018 project is proposed with up to$21,500,00 of City funding
• Funding is available from SSD and TIF sources
• Council action in January to authorize
• Construction is scheduled to begin in late summer 2018 for best
anticipated cost
December 5, 2017
9
CITY MANAGER'S BRIEFINGS
SANDBRIDGE BEACH REPLENISHMENT
PROJECT
ITEM#67608
(Continued)
110 ` L an. : idge Beach Restoratio
American Shore Et Beach -
Preservation Association
2017 Best Restored
Beaches Award
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Mayor Sessoms expressed his appreciation to Mr. Roehrs for this informative presentation.
Y P
December 5, 2017
10
CITY MANAGER'S BRIEFINGS
OWLS CREEK REDEVELOPMENT
ITEM#67609
3:P.M.
Mayor Sessoms welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his
appreciation to City Council for their continued support. Mr. Williams advised Mr. Raymond White,
Business Development Manager—Economic Development is presenting today's presentation:
OWL ' S CREEK
DEVELOPMENT
PROJECT
CITY COUNCIL BRIEFING . GTS
ecember 5,2017
onald H.Williams,Jr., Deputy City Manager •_--
Raymond White,Business Development Man.
Here is an Overview of the Development Site:
I
Owl's Creek
pevelonment Site
•
• acres city-owned
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PROJECT *•
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December 5, 2017
11
CITY MANAGER'S BRIEFINGS
OWLS CREEK REDEVELOPMENT
ITEM#67609
(Continued)
Here is an Overview of Global Technical Systems:
About the Company
GTS GLOBAL TECHNICAL SYSTEMS
✓ GTS is a privately-held advanced engineering company delivering
innovative,high-tech products and services encompassing latest generation
software and hardware solutions for defense,homeland security and other
government interests.
✓ Founded: 1997
✓ Headquarters: 784 Lynnhaven Parkway/Virginia Beach,VA
✓ Other Locations: St.Petersburg,FL—Brentwood,CA—N.Virginia
✓ Expertise includes:C4ISR,avionics,composites,threat detection,
biometrics,advanced radars and other sensor systems,mission-critical
combat systems
CTS
3
The Technology: Electro-Mechanical
Batteries (EMBS)
Converts electricity into kinetic energy for storage then back to
conditioned electricity using a motor generator and spinning flywheel.
✓ Leverages 25 years of EMB R&D from Lawrence Livermore National Labs
✓ Leap ahead technology breakthroughs
• Carbon fiber rotor design
• Rotor winding techniques
• Passive and active bearings
• Segmented motor generator design and other system
✓ 94%efficiency and completely green as compared to leading electro-chemical
batteries that have less than so%efficiency and come with HAZMAT concerns
GTS
4
December 5, 2017
•
12 •
CITY MANAGER'S BRIEFINGS
OWLS CREEK REDEVELOPMENT
ITEM#67609
(Continued)
The Technology: Electro-Mechanical Batteries (EMBS)
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13
CITY MANAGER'S BRIEFINGS
OWLS CREEK REDEVELOPMENT
ITEM#67609
(Continued)
Advanced Carbon Fiber R&D and Production Center
e
✓ soo,000 sq.ft.operational by v.' i ✓6"
March of 2019 •
' -. :• 0
✓ Initial capital investment: `
$54.7 million 5&000
✓ $27 million real estate -.
✓ $6.2 million FFE .v^ *JMaii : _ '
✓ $21.5 million M&Tlev. A�• ,0 fi
✓ Jobs:1,100
✓ Avg.annual salary:$74,000 , '« `
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December 5, 2017
14
CITY MANAGER'S BRIEFINGS
OWLS CREEK REDEVELOPMENT
ITEM#67609
(Continued)
Building Schematics
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vompild
Updates and Next Steps
✓Community engagement meetings held on Oct.9th and Nov.15th
■ Addressed Community Issues:traffic,noise,landscaping,hub zone,and workforce
development
"City Council rezoning:December 5th
"City Council to transfer land to VBDA:December 12th
"Purchase agreement approval and EDIP grant by VBDA:December 19th
"Estimated City of Virginia Beach incentives:$1,800,000
"Estimated State incentives with Virginia Economic Development Partnership—over
$7 million
"Project start:January 2018
"Estimated completion:March 2019
10
4 December 5, 2017
15
CITY MANAGER'S BRIEFINGS
OWLS CREEK REDEVELOPMENT
ITEM#67609
(Continued)
%/
QUESTIONS ?
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FR Mayor Sessoms expressed his appreciation to Mr. White for this informative presentation.
December 5, 2017
16
CITY COUNCIL
LIAISON REPORTS
ITEM#67610
3:59 P.M.
There were no Liaison Reports
December 5, 2017
17
CITY COUNCIL
COMMENTS
ITEM#67611
3:59 P.M.
Councilman Dyer expressed his appreciate to Tom Leahy, Deputy City Manager, and the entire Team for
the first public meeting presentation at Kempsville High School regarding flood mitigation.
December 5, 2017
18
CITY COUNCIL
COMMENTS
ITEM#67612
Councilman Moss requested the City begin looking at ways to get important Briefings and/or Public
Meetings streamed live for the public to view.
December 5, 2017
19
CITY COUNCIL
COMMENTS
ITEM#67613
Councilman Moss reminded everyone the 2"d Public Meeting regarding Sea Level Rise will be held on
December eh at Cox High School.
December 5, 2017
20
CITY COUNCIL
COMMENTS
ITEM#67614
Council Lady Henley advised she had the opportunity to participate in the CERT Training and took the
practical test at Birdneck Fire Training Center. This program helps citizens understand all that goes on
with Emergency Response and she encourages others to participate. The next class begins in January
2018.
December 5, 2017
21
CITY COUNCIL
COMMENTS
ITEM#67615
Council Lady Kane advised she and Council Lady Wilson attended the Chamber of Commerce's Regional
event in Nashville, Tennessee last week. It was an eye opening visit and with the amount of growth is
truly amazing. She hopes to bring some of the things she learned back to the City and see what positive
impacts can be made.
December 5, 2017
22
CITY COUNCIL
COMMENTS
ITEM#67616
Mayor Sessoms advised he was approached during church on Sunday by a citizen that attended the Active
Shooter training hosted by the City at the WAVE Church. She advised the Mayor the training was well
done and very enlightening.
December 5, 2017
23
AGENDA REVIEW SESSION
ITEM#67617
4:09 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
L ORDINANCES/RESOLUTION
Ordinances to AMEND the City Code:
a. §,§9-3 and 9-4 and ADD 9-10 re merchants and markets in Creative Districts
b. §§21-354 and 23-58 re Business Permits for the Residential Parking Permit program
and ADD Automated Fee Collection for Commercial Lots
2. Resolution to MOVE the January 2, 2018, Sessions of City Council to January 9,2018; and,
Open Dialogue will be scheduled for January 9, 2018.
3. Ordinance to EXECUTE a renewable Lease with Jolly Roasters,LLC re a coffee shop
within the Meyera E. Oberndorf Central Library
4. Ordinances to ACCEPT and APPROPRIATE:
a. $2,346,020 in Surplus Urban Formula State and Federal funding to the Indian
River/Kempsville Road Intersection project and TRANSFER local funding to the
Sandbridge Road-Nimmo Parkway Phase VILA project
b. $500,000 in State and Federal Regional Surface Transportation funds to Elbow Road
Extension, Phase Il-C
BY CONSENSUS, the following.shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. ELITE THERAPIES, INC. and ROSE HALL SHOPPES ASSOCIATES for a
Conditional Use Permit re a tattoo parlor at 3101 Virginia Beach Boulevard DISTRICT 6
—BEACH
2. NEW CINGULAR WIRELESS PCS, LLC C/O JACOBS TELECOMMUNICATIONS
INC and AIMOCO MAPLE BAY, LLC for a Conditional Use Permit re a small cell
wireless facility at 1800 English Court DISTRICT 6—BEACH
3. MCNEEL PROPERTIES, LLC and REED ENTERPRISES, INC at 3249 Dam Neck
Road
a. Modification of Conditions to REVISE previous conditions re an auto repair shop
(Approved May 16, 2017)
b. Conditional Use Permit re a bulk storage yard
DISTRICT 7—PRINCESS ANNE
4. REED ENTERPRISES,INC for Modification of Conditions to REMOVE the Auto Repair
Use (the Bulk Storage will remain) at Holland and Dam Neck Roads (Approved December
8, 2015)DISTRICT 7—PRINCESS ANNE
5. SPENCE CROSSING PROPERTIES,LC at Princess Anne Road and South Independence
Boulevard for:
a. Conditional Change of Zoning from Conditional B-4 Mixed Use to Conditional PD-
H2 (A-12)Apartment
b. Modification of Proffers re removal of a Deed restriction (Approved May 27, 2014)
DISTRICT l— CENTERVILLE
6. BAKER VILLAS, LLC and OCEAN RENTAL PROPERTIES, LLC, ET AL for a
Conditional Change of Zoning from R-7.5 Residential to Conditional A-18 Apartment at
504 Baker Road and 5501, 5505 and 5513 Connie Lane DISTRICT 2—KEMPSVILLE
December 5, 2017
24
AGENDA REVIEW SESSION
ITEM#67617
(Continued)
7. GOODWILL OF CENTRAL AND COASTAL VIRGINIA,INC. and SOUTHERN BANK
AND TRUST COMPANY for a Conditional Chante oT Zoning from 0-2 Office to
Conditional B-2 Community Business at 1124 First Colonial Road DISTRICT 5—
LYNNHAVEN
R. CITY OF VIRGINIA BEACH Conditional Chance of Zoning from 1-1 Light Industrial
and R-2.5 Residential to Conditional I-1 Light Industrial at 373 and 411 South Birdneck
Road DISTRICT 6—BEACH
9. Ordinance to AMEND and REORGANIZE Appendix 1, Oceanfront Resort District
Form-Based Code, of the City Zoning Ordinance (CZO)
10. Ordinance to ADOPT and INCORPORATE into the 2016 Comprehensive Plan the "Vile
Creative District Connectivity Plan," and the "Oceanfront Resort District Connector
Park Design Guidelines," and AMEND the "2017 Oceanfront Resort District Design
Guidelines,"
11. Ordinance to AMEND Sections 111 and 203 of the City Zoning Ordinance (CZO) re
definition of Municipal Oceanfront Entertainment Venue and DELETE the requirement
of Ten Year Shared Parking agreements.
ITEM#5 WILL BE DEFERRED TO DECMEBER 12, 2017
MAYOR SESSOMS WILL ABSTAIN ON ITEM#6
ITEM#8 WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM#8
December 5, 2017
25
ITEM#67618
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:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real property for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Bayside District
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope
of such contract, where discussion in an open session would adversely
affect the bargaining position or negotiating strategy of the public body
pursuant to Section 2.2-3711(A)(29)
• Pier Project
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
• NorJblk Southern right-of-way
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of speck public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees,Authorities, Agencies and Appointees
• Evaluation of Council Appointees
December 5, 2017
27
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
December 5, 2017
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 5, 20/7, at 6:00 P.M.
Council Members Present:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson Family Vacation
INVOCATION: Reverend, William L.McClung,Jr., Pastor
Salem United Methodist 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 idents 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.
December 5, 2017
28
Item—VH-E
CERTIFICATION
ITEM#67679
Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
29
Item-VII-F
MINUTES ITEM#67620
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of November 21,2017.
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William
D. Sessoms,Jr.,John E Uhrin and James L. Wood
Council Members Abstaining:
Shannon DS Kane
Council Members Absent:
Rosemary Wilson
December 5, 2017
30
ADOPT AGENDA
FOR FORMAL SESSION ITEM#67627
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 5, 2017
31
Item - VII-H.7
PUBLIC HEARING
ITEM#67622
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY
Meyera E. OberndorfCentral Library re a coffee shop
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
December 5, 2017
32
Item- V11I
ORDINANCES/RESOLUTION
ITEM#67623
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY
CONSENT:Agenda Items la/b, 2,3 and 4a/b.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5. 2017
33
Item-VII-Lla
ORDINANCES/RESOLUTION
ITEM#67624
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
a. §§9-3 and 9-4 and ADD 9-10 re merchants and markets in Creative
Districts
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Al Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
1 AN ORDINANCE TO AMEND SECTIONS 9-3
2 AND 9-4 AND TO ADD SECTION 9-10 OF THE
3 CITY CODE PERTAINING TO CREATIVE
4 MARKETS AND CREATIVE MERCHANTS IN
5 THE CREATIVE DISTRICTS
6
7 Sections Amended: City Code §§ 9-3; 9-4
8
9 Section Added: City Code § 9-10
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14 That Sections 9-3 and 9-4 of the City Code are hereby amended and reordained
15 as follows and Section 9-10 is hereby added to the City Code to read as follows:
16
17 Sec. 9-3. - Definitions.
18
19 (a) Administrator means the City Manager or such other person as he may designate to
20 perform the duties of the Administrator under this chapter. The City Manager may
21 designate such other persons to assist in the administration of this Article as he may
22 deem appropriate.
23
24 (b) Creative market means an event or series of events held on private property in a
25 Creative District and meeting the requirements set forth in section 9-10.
26
27 (c) Creative merchant means a peddler or merchant that sells his or her wares or goods
28 at one or more of the creative markets in a Creative District.
29
30 (A) Locally sourced shall be limited to produce that is grown, or meat, seafood or other
31 animal products derived from poultry or livestock, raised within the Commonwealth of
32 Virginia or within one hundred (100) miles of the location at which they are sold.
33
34 (4)(e) Qualifying organization means:
35
36 (1) An individual, business or other entity that contributes to the spectrum of arts and
37 cultural activities and venues available to the public by regularly presenting live
38 performances of theatre, dance, music, or other imaginative work or producing or
39 exhibiting physical works created by, or under the direction of one or more artists,
40 that are intended for unique production or limited reproduction;
41
42 (2) A museum or historic site, the primary mission of which is education or historic
43 preservation;
44
45 (3) A theater, including an art-house movie theater for art, independent and world
46 films, art gallery, dance studio, music venue, performance space, art school or
47 academy, including a culinary arts school or academy; or
48
49 (4) An individual, business or other entity that is principally engaged in one of more
50 of the following fields or activities:
51
52 A. Architecture;
53 B. Marketing and advertising;
54 C. Culinary arts, including, but not limited to, artisans engaged in bread making,
55 cheese making, charcuterie, confectionary, coffee roasting or similar
56 practices, culinary institutes, and restaurants that (i) locally source no less
57 than ten per cent (10%) of the food served at the establishment; (ii) are not
58 one of a chain of restaurants having more than ten (10) establishments; and
59 (iii)prepare food by hand or using traditional, non-industrialized methods. For
60 purposes of this section, "locally" shall mean within the Commonwealth of
61 Virginia or no farther than fifty (50) miles from the location of the subject
62 establishment;
63 D. Design. including industrial, interior, graphic, web and fashion design;
64 E. Film and media, including radio, video animation and photography;
65 F. Publishing;
66 G. Software development;
67 H. Research and development of technology related to: (i)energy efficiency and
68 renewable energy; (ii) water use efficiency; (iii) the reduction of waste,
69 pollution and environment degradation; (iv) sustainable development; or (v)
70 green building;
71 I. Historic preservation;
72 J. Craft breweries, craft distilleries or wine-tasting rooms;
73 K. Farmers' markets at which locally-sourced produce, meat and eggs, seafood,
74 artisan breads and cheeses, hand-harvested honey, and other fresh, small-
75 batch foodstuffs are the predominant items that are offered for sale; or
76 L. Antique markets at which the display of antiques covers at least fifty per cent
77 (50%) of the display floor area. For purposes of this section, antiques shall
78 include only works of art, furniture, decorative objects or similar items having
79 special value by virtue of their age and uniqueness.
80
81 A qualifying organization shall be physically located within a Creative District
82 designated by the City Council.
83
84 Sec. 9-4. - Administration; eligibility.
85
86 (a) Upon application, the Administrator shall determine, in writing, whether the applicant
87 shall be classified as a qualifying organization as defined in Section 9-3.The applicant
88 shall have the burden of demonstrating to the satisfaction of the Administrator that it
89 meets the requirements to be so classified. The determination of the Administrator
90 that an applicant shall not be classified as a qualifying organization shall be
91 appealable to the City Manager. No applicant shall be classified as a qualifying
92 organization if the Commissioner of the Revenue determines that such applicant is
93 delinquent in the payment of any taxes or fees payable to the City.
94
2
95 (b) A qualifying organization shall establish its eligibility to receive the incentives provided
96 for in this chapter on an annual basis; provided, however, that in the event the
97 Administrator has reason to believe that a qualified organization no longer meets the
98 applicable requirements, such organization shall, upon request of the Administrator,
99 provide such information as will enable the Administrator to determine whether the
100 organization continues to meet the applicable requirements.
101
102 (c) A qualifying organization shall file an annual business license application with the
103 Commissioner of the Revenue, pay any applicable business license taxes, and shall
104 provide the Commissioner with certification from the Administrator that the
105 organization meets the requirements for classification as a qualifying organization.
106 The amount of gross receipts to be earned shall be set out in the license application
107 and shall be subject to verification by the Commissioner by audit or inspection of
108 documents. The qualifying organization shall also provide the Commissioner, upon
109 request, with proof that no taxes or fees payable to the City are delinquent at the time
110 of application. In the event any such taxes or fees are delinquent, the Commissioner
111 shall so notify the Administrator, who shall decline to certify the applicant as a
112 qualifying organization.
113
114 (d) A sponsor of a creative market shall file an application to the Administrator providing
115 such information as will enable the Administrator to determine that the creative market
116 meets the requirements of section 9-10. For the activity that is the creative market
117 the sponsor shall pay an annual business license tax of$200 to the commissioner of
118 the revenue, and such license shall permit the sponsor to host up to twelve creative
119 markets in a calendar year. It shall be the obligation of the sponsor to provide a list
120 of the creative merchants for each creative market at least ten (10)days prior to each
121 event to the commissioner of the revenue. Alternatively, the sponsor may affirm a
122 previously provided list of creative merchants if that list has not changed. The
123 commissioner of the revenue may use such list to confirm the status of a creative
124 merchant for purposes of meals taxes, admissions taxes, or other health or regulatory
125 concern.
126
127 (e) A creative merchant may sell his or her wares at the various creative markets of a
128 Creative District without the need to acquire a peddler or itinerant merchant business
129 license. However, any peddling or other business activities outside of a Creative
130 District shall be subiect to the requirements of Chapter 18 of the City Code.
131
132 (d)(f) Failure of a qualifying organization to pay in full by the due date any taxes or fees
133 payable to the City shall result in the denial or revocation of such organization's
134 qualifying status for the remainder of the current calendar year or until such taxes or
135 fees are paid in full.
136
137 (e)(g)_The Administrator shall, after consultation with the Commissioner of Revenue,
138 Real Estate Assessor or other appropriate officer, prescribe additional procedures for
139 the implementation and administration of this chapter not provided for herein, to the
140 extent such procedures are not inconsistent with this chapter or applicable law.
141
3
142
143
144 Sec. 9-10. Creative market.
145
146 (a� Creative market is an event held on private property in a Creative District to
147 support the goals of the District and those qualifying organizations listed in
148 Section 9-3 of the City Code.
149
150 (b) Creative markets shall abide by the following criteria:
151
152 11) Markets may be located indoor or outdoor on private property and
153 shall not negatively impact the surrounding property owners;
154
155 (z) The market shall not occupy more than three thousand (3,000)
156 square feet
157
158 @) Markets may be held up to twelve (12) times per year, and may last
159 up to four (4) hours per market
160
161 0.1 Creative markets shall not be required to obtain a Special Event
162 permit under Chapter 4 of the City Code; and
163
164 (5) There shall be no live music performed after 10:00 p.m.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day
of December , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Barry Fran enfield Philip . Kellam
Director of fanning and Commissioner oft•evenue
Community Development
APPROVED AS TO LEGAL SUFFICIENCY:
B.�KaYy!W n
Deputy C Attorney
CA13965
R-11
September 22, 2017
4
34
Item-VII-Lib
ORDINANCES/RESOLUTION
ITEM#67625
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinances to AMEND the City Code:
h. §§21-354 and 23-58 re Business Permits for the Residential Parking
Permit program and ADD Automated Fee Collection for Commercial
Lots
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent`
Rosemary Wilson
December 5, 2017
1 AN ORDINANCE TO AMEND SECTIONS 21-
2 354 AND 23-58 OF THE CITY CODE
3 PERTAINING TO BUSINESS PERMITS FOR
4 THE RESIDENTIAL PARKING PERMIT
5 PROGRAM, AND THE ADDITION OF
6 AUTOMATED FEE COLLECTION FOR
7 COMMERCIAL PARKING LOTS
8
9 SECTIONS AMENDED: City Code §§ 21-354
10 and 23-58
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
13 VIRGINIA:
14
15 That Sections 21-354 and 23-58 of the Code of the City of Virginia Beach, Virginia,
16 is hereby amended and reordained to read as follows:
17
18 ARTICLE III. - STOPPING, STANDING AND PARKING
19
20
21
22 DIVISION 3. - RESIDENTIAL PARKING PERMITS
23
24
25
26 Sec. 21-354. - Permits generally.
27
28
29
30 (c) Monthly business parking permits shall be issued by the city treasurers office or the
31 city's parking systems management office to businesses licensed to operate in city
32 meter-regulated parking areas. A current valid business license must be presented
33 by the business owner or his designee to the city treasurer's office or to the city's
34 parking systems management office at the time a request is made for annual
35 business parking permits. The number of permits issued to a single business shall
36 be limited to the maximum number of employees required to work after 8:00 p.m. or,
37 in the case of a lodging facility, the number of rooms within such lodging facility that
38 do not have on-site parking, whichever is greater. Employees of businesses eligible
39 for parking permit passes under this Division may purchase employee parking permit
40 passes directly from the city treasurer's office or city's parking management office
41 after verification of employment with an eligible business. Anv business that has
42 been authorized to reduce the required parking of such business shall not be eligible
43 for such monthly business parking permits.
44
45
46
47 Sec. 23-58. - Commercial parking lots.
48
49
50
51 (f) Commercial parking lots shall at all times, whether or not they are in operation:
52
53
54
55 (6) Have upon the premises, from dusk until one-half (A) hour after closing or until
56 the last vehicle has exited the lot, whichever is earlier, at least one (1) attendant.
57 If any type of shelter is provided for attendants, such shelter shall at all times be
58 maintained in good condition and repair. Alternately, or in addition to, automated
59 fee collection machines may be utilized provided that a current contact number
60 is provided and such contact can be present at the commercial parking lot with
61 thirty (30) minutes
62
63
64
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th
day of December , 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4
'lanning r epartment City A orney's Office
CA14172
R-2
October 13, 2017
35
Item-VII-L2
ORDINANCES/RESOLUTION
ITEM#67626
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT,Resolution to MOVE the January 2, 2018, Sessions of City Council to January 9, 2018;and,
Open Dialogue will be scheduled for January 9, 2018
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, Al. Benjamin Davenport, Robert M Dyer, Barbara
Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
REQUESTED BY CITY COUNCIL
1 A RESOLUTION MOVING THE JANUARY 2, 2018
2 REGULAR MEETING OF THE CITY COUNCIL TO
3 JANUARY 9, 2018
4
5 WHEREAS, the City Code provides the regular formal meetings of City Council
6 shall be held in the Council Chambers of the City Hall Building on the first and third
7 Tuesdays of each month at 6:00 p.m.; and
8
9 WHEREAS, state law provides that a regular meeting of the City Council may be
10 scheduled for a day other than the usual day upon adoption of a resolution; and
11
12 WHEREAS, the holidays that precede January 2, 2018, make staff preparation
13 for a briefing and formal session of City Council on the day after New Year's Day
14 difficult, and postponing the meeting one week to January 9, 2018 would avoid those
15 challenges and result in a more productive meeting.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, THAT:
19
20 1. The regular City Council meeting scheduled for January 2, 2018, is hereby
21 rescheduled for January 9, 2018.
22 2. The time and location for the City Council Formal Session shall remain at 6 p.m.
23 in the City Council Chambers.
24 3. The agenda setting the time and schedule of the Informal Session for the
25 January 9, 2018, meeting shall be provided in the same manner as this
26 information is normally provided.
27 4. The City Clerk shall post a copy of this resolution on the door of the City Council
28 Chambers from the date of adoption until 6 p.m. on January 9, 2018, and provide
29 a notice at least seven days prior to January 9, 2018, in a newspaper of general
30 circulation in the City.
31
32 Adopted by the City Council of the City of Virginia Beach, Virginia, this 5th
33 day of December , 2017.
APPROVED AS TO LEGAL SUFFICIENCY:
Deputy City Attorney Ro R. Ingram
City Attorney's Office
CA14246
R-1
November 20, 2017
36
Item-VII-L.3
ORDINANCES/RESOLUTION
ITEM#67627
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinance to EXECUTE a renewable Lease with Jolly Roasters, LLC re a coffee shop
within the Meyera K Oberndorf Central Library
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR ONE (1)
3 YEAR WITH FOUR (4) ONE-YEAR RENEWAL
4 OPTIONS FOR THE COFFEE SHOP LOCATED
5 WITHIN THE CITY-OWNED PROPERTY KNOWN
6 AS THE MEYERA E. OBERNDORF CENTRAL
7 LIBRARY
8
9 WHEREAS, The City of Virginia Beach (the "City") owns property located at
10 4100 Virginia Beach Boulevard known as the Meyera E. Oberndorf Central Library,
11 which contains a coffee shop of approximately 593 square feet of floor area ("Coffee
12 Shop").
13
14 WHEREAS, Jolly Roasters LLC, a Virginia limited liability company ("Jolly
15 Roasters") is a coffee and bakery establishment that desires to enter into a lease
16 agreement with the City for a term of one (1) year, with four (4) one-year renewal
17 options, to occupy and operate the Coffee Shop.
18
19 WHEREAS, Jolly Roasters has agreed to pay the City $550 per month, which
20 shall escalate by 3% annually.
21
22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the City Manager is hereby authorized to execute a lease for the term of
26 one (1) year, with four(4) one-year renewal options, between Jolly Roasters and the
27 City for the Coffee Shop in accordance with the Summary of Terms attached hereto
28 as Exhibit A, and made a part hereof, and such other terms, conditions or
29 modifications deemed necessary and sufficient by the City Manager and in a form
30 deemed satisfactory by the City Attorney.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th
33 day of December, 2017.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
I-140_4, Q. GNbtf7/014J L re �� PE
City Attorney Public Works/ Facilities '
Management
CA14013
R-1
November 27, 2017
EXHIBIT A
SUMMARY OF TERMS
LEASE OF CITY-OWNED PROPERTY
LOCATED AT CENTRAL LIBRARY
LESSOR: City of Virginia Beach
LESSEE: Jolly Roasters LLC, a Virginia limited liability company
PREMISES: Approximately 593 square feet located within the Meyera E. Oberndorf
Central Library, 4100 Virginia Beach Blvd.
TERM: December 1, 2017 through November 30, 2018, with Four(4) One-Year
Renewal Options
RENT: $550 per month for the first year with 3% escalation compounded
annually. Rent will be abated for the first 4 months of the term to give the
tenant the opportunity to make improvements and prepare for opening.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Lessee shall operate Premises as a coffee shop for the Central Library, including
the retail sale of beverages, prepared food and related items, and for no other
purpose.
• Lessee shall provide catering services for Central Library-sponsored
events/functions at the Central Library as requested by the Library Manager or
designee.
• The Premises shall be open for business between 9:00 a.m. and 8:00 p.m.
Monday through Thursday, and between 9:00 a.m. and 4:30 p.m. on Friday and
Saturday, except when the Central Library is closed.
• Lessee shall keep, repair, and maintain the Premises in a safe, clean and
sanitary manner in accordance with all federal, state and local laws, codes and
regulations.
• Lessee shall not sublet the Premises without the written consent of Lessor.
• Lessee shall make no alterations, additions or improvements without the prior
written consent of Lessor.
• Lessee shall maintain (i)Workers' Compensation Insurance as required under
Title 65.2 of the Code of Virginia, and (H)comprehensive general liability
insurance coverage with policy limits of not less than one million dollars
($1,000,000) combined single limits per occurrence.
• Lessee shall comply with all federal, state and local statues, ordinances and
regulations.
RIGHTS AND RESPONSIBILITIES OF LESSOR:
• Lessor shall have the right to enter the Premises at any reasonable time, upon
reasonable notice for inspection purposes or making repairs or improvements as
may be deemed necessary or desirable by the Lessor.
• Lessor shall have the right to enter the Premises at any time, without notice, in
the event of emergency.
• Lessor shall provide electricity, HVAC, water, building maintenance and repairs
for major items, and replacement of light bulbs.
• Lessor shall provide the existing chairs, tables, counters, lighting and other
decorative items "as is".
TERMINATION:
• Lessor may terminate the Lease for any reason upon one hundred eighty(180)
days' written notice to the Lessee.
LOCATION MAP
•
•
PROPOSED LEASE
AREA
Approx.593 sq.ft. _
•
37
Item-VII-L4a
ORDINANCES/RESOLUTION
ITEM#67628
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
a. $2,346,020 in Surplus Urban Formula State and Federal funding to the Indian
River/Kempsville Road Intersection project and TRANSFER local funding to the
Sandbridge Road-Nimmo Parkway Phase VILA project
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara
M Henley, Vice Mayor Louis It Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 SURPLUS URBAN FORMULA FUNDING TO CIP #2-418,
3 "INDIAN RIVER ROAD/KEMPSVILLE ROAD
4 INTERSECTION IMPROVEMENTS," AND TO TRANSFER
5 FUNDS FROM CIP #2-148 TO CIP #2-078, "SANDBRIDGE
6 ROAD-NIMMO PARKWAY PHASE VII-A"
7
8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 1) That $2,346,020 in surplus urban formula funding is hereby accepted from the
12 Virginia Department of Transportation and appropriated, with $638,831 in state
13 and $1,715,189 in federal revenue increased accordingly, to CIP#2-418 Indian
14 River Road/Kempsville Road Intersection Improvements in the FY 2017-18
15 Capital Improvement Program; and
16
17 2) That $2,346,020 in local funding is hereby transferred from CIP #2-418 Indian
18 River Road/Kempsville Road Intersection Improvements to CIP #2-078
19 Sandbridge Road-Nimmo Parkway Phase VII-A.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5 tb day of
December 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 --Cana Har eyer
Budget and Management Service. City Attorney's Office
CA14245
R-1
November 20, 2017
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PHASE VII-A CIP 2-078
Prepared by P W./Eng./Eng.Support Services Bureau 8/15/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Sandbndge Rd-Nimmo Pkwy Phase VII-A CIP 2-0]r
38
Item-VII-L4b
ORDINANCES/RESOLUTION
ITEM#67629
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT, Ordinances to ACCEPT and APPROPRIATE:
b. $500000 in State and Federal Regional Surface Transportation funds to
Elbow Road Extension, Phase 11-C
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDING FROM THE VIRGINIA DEPARTMENT OF
3 TRANSPORTATION'S REGIONAL SURFACE
4 TRANSPORTATION PROGRAM TO CIP PROJECT#2-124,
5 "ELBOW ROAD EXTENDED PHASE II-C"
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $100,000 in state revenue and $400,000 in federal revenue are hereby
11 accepted and appropriated to CIP #2-124 Elbow Road Extended Phase II-C in the FY
12 2017-18 Capital Improvement Program.
Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of
December 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 Br ley Dana H- •yer
Budget and Management Services City Attorney's Office
CA14244
R-1
November 20, 2017
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ELBOW ROAD EXTENDED
PHASE II-C
CIP 2-124
Prepared by PW/Eng/Eng.Support Services Bureau 11/09/2017 X'.\CADD\Projects\ARC Flles\AGENDA MAPS\Elbow Rd\Elbow Rd Cip 2-124.mxo
39
Item—VII-✓
PLANNING ITEM#67630
1. ELITE THERAPIES,INC CONDITIONAL USE PERMIT
2. NEW CINGULAR WIRELESS PCS,LLC CONDITIONAL USE PERMIT
3. MCNEEL PROPERTIES,LLC MODIFICATION OF CONDITIONS
CONDITIONAL USE PERMIT
4. REED ENTERPRISES, INC. MODIFICATION OF CONDITIONS
5. SPENCE CROSSING PROPERTIES,LC CONDITIONAL CHANGE OF
ZONING and
MODIFICATION OF PROFFERS
6. BAKER VILLAS,LLC CONDITIONAL CHANGE OF
ZONING
7. GOODWILL OF CENTRAL & COASTAL CONDITIONAL CHANGE OF
VIRGINIA, INC ZONING
8. CITY OF VIRGINIA BEACH CONDITIONAL CHANGE OF
ZONING
9. CITY OF VIRGINIA BEACH
10. CITY OF VIRGINIA BEACH
II. CITY OF VIRGINIA BEACH
ITEM#5 WILL BE DEFERRED TO DECEMBER 12,2017
MAYOR SESSOMS WILL ABSTAIN ON ITEM#6
ITEM#8 WILL BE CONSIDERED SEPARATELY
MAYOR SESSOMS WILL ABSTAIN ON ITEM#8
December 5, 2017
40
Item -VII-✓
PLANNING ITEM#67631
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY
CONSENT: Items I, 2, 3a/b, 4, Sa/b (DEFER TO DECEMBER 12, 2017), 6(MAYOR SESSOMS
ABSTAINED), 7, 9 and 11
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M. Henley. Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
41
Item—VII-J.1
PLANNING ITEM#67632
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of ELITE THERAPIES, INC. and
ROSE HALL SHOPPES ASSOCIATES for a Conditional Use Permit re a tattoo parlor at 3101
Virginia Beach Boulevard DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ELITE THERAPIES, INC and ROSE
HALL SHOPPES ASSOCIATES for a Conditional Use Permit re a
tattoo parlor at 3101 Virginia Beach Boulevard (GPIN 1497153397)
DISTRICT 6—BEACH
The following conditions shall be required:
1. A Business License for the Tattoo Parlor shall not be issued to the applicant
without the approval of the Health Department for consistency with the
provisions of Chapter 23 of the City Code.
2. The actual application of Tattoos shall not be visible from the exterior of the
establishment nor from the waiting and sales area within the establishment.
3. The Tattoo Parlor shall be limited to only Microblading services as the site is
located within a Historic and Cultural District.
4. Any modification to the signage with regard to the Tattoo Parlor shall require a
modification to this Conditional Use Permit.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of December, Two
Thousand Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
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42
Item—VII-J.2
PLANNING ITEM#67633
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of NEW CINGULAR WIRELESS PCS,
LLC C/O JACOBS TELECOMMUNICATIONS INC. and AIMOCO MAPLE BAY, LLC for a
Conditional Use Permit re a small cell wireless facility at 1800 English Court DISTRICT 6-BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NEW CINGULAR WIRELESS PCS,
LLC C/O JACOBS TELECOMMUNICATIONS INC. and AIMOCO
MAPLE BAY, LLC for a Conditional Use Permit re a small cell
wireless facility at 1800 English Court (GPIN 2407577184) DISTRICT
6-BEACH
The following conditions shall be required:
1. The design and installation of the Small Cell Wireless Facility shall be in
substantial conformance with Sheet T-1 and Sheets C-1 through C-6 of the Plan
titled "CHESIRE CT M, VIRGINIA BEACH, VA, 23454, LIGHT POLE, NODE
ID:ZONE 9 NODE, 19 BEACH 181188,"and dated September 14, 2017.
2. No additional antennas or equipment beyond that shown on the Plan set
referenced above shall be installed.
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, Fifth day of December, Two
Thousand Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
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43
Item—VII-J.3a/b
PLANNING ITEM#67634
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, AS
PROFFERED and CONDITIONED, BY CONSENT, Ordinance upon application of MCNEEL
PROPERTIES, LLC and REED ENTERPRISES, INC. at 3249 Dam Neck Road DISTRICT 7 —
PRINCESS ANNE
a. Modification of Conditions to REVISE previous conditions re an
auto repair shop (Approved May 16, 2017)
b. Conditional Use Permit re a bulk storage yard
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NEW CINGULAR WIRELESS PCS,
LLC C/O JACOBS TELECOMMUNICATIONS INC. and AIMOCO
MAPLE BAY, LLC for a Conditional Use Permit re a small cell
wireless facility at 1800 English Court (GPIN 1495146175) DISTRICT
6—BEACH
The following conditions shall be required:
The conditions of the 2016 and 2005 Conditional Use Permits for Motor Vehicle Sales and Rentals and
Auto Repair Establishment shall remain in effect. The Conditions of the Conditional Use Permit for an
Automobile Repair Garage on May 16, 2017, are hereby deleted and replaced with the following:
1. The development of the site shall substantially conform to the submitted layout
entitled "Modifications of Conditions Plan Dam Neck Car Care Service Center,
S. W. Intersection of Dam Neck & Holland Road for McNeel Properties, LLC,
Virginia Beach, Virginia" prepared by Land Design and Development, Inc.,
dated July 27, 2017, and as depicted on page 6 of this report, which has been
exhibited to the Virginia Beach City Council and is on file with the Department
of Planning and Community Development.
2. Architectural design and colors shall conform with the Exhibit entitled, "Neal
Reed Project —Auto Service Center Holland Road & Dam Neck Road Virginia
Beach, Virginia"prepared by Neil E. Bristow Architect, dated June 21, 2005,
and as depicted on Page 7 of this report. Said elevations have been exhibited to
the Virginia Beach City Council and are on file with the Department of Planning
and Community Development.
3. No outside storage of equipment, parts, tires, merchandise or materials shall be
permitted on the site.
4. Vehicles in a state of obvious disrepair shall be stored only inside the building or
within the Bulk Storage Yard.
5. All motor vehicle repairs and painting shall take place only inside the building.
6. Vehicles in the Bulk Storage Yard shall be parked in an orderly fashion.
7. The deviation to the required Category VI is approved for the Bulk Storage Yard,
as described herein. Existing plant material and fencing along the southern
property line shall be maintained where it exists in order to provide an equal or
greater amount of screening required by a Category VI Buffer.
Item—VII-J.3a/b
December 5, 2017
44
PLANNING ITEM#67634
(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, on the Fifth day of December, Two
Thousand Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
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45
Item-VII-J.4
PLANNING ITEM#67635
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED and
CONDITIONED, BY CONSENT, Ordinance upon application of REED ENTERPRISES, INC. for
Modification of Conditions to REMOVE the Auto Repair Use (the Bulk Storage will remain) at Holland
and Dam Neck Roads (Approved December 8, 2015)DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of REED ENTERPRISES, INC. for
Modification of Conditions to REMOVE the Auto Repair Use (the Bulk
Storage will remain) at Holland and Dam Neck Roads (Approved
December 8, 2015) (GPIN 1495138628) DISTRICT 7 — PRINCESS
ANNE
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit for an Automobile Repair
Garage approved on this site on December 8, 2015, are deleted, as no
Automobile Repair Garage use shall be permitted on this site.
2. No outside storage of equipment, parts or materials shall be permitted unless
located within the fenced Bulk Storage Yard.
3. The Bulk Storage Yard shall be enclosed with Category VI screening, as
specified in the Landscape, Screening, and Buffering Specifications and
Standards for the City of Virginia Beach.
4. Any lighting for the Bulk Storage Yard shall be limited to light packs installed on
the building and fence, as well as pole lighting not to exceed a maximum height
of fifteen (15)feet. All lighting shall be shielded and directed downward to limit
the amount of light overspill outside the property boundary.
5. A Photometric Plan shall be submitted at the time of final Site Plan Review.
6. A Landscape Plan shall be submitted at the time offinal Site Plan Review.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of December, Two
Thousand Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
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Item—VII-J.5
PLANNING ITEM#67636
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED TO
DECEMBER 12, 2017, BY CONSENT, Ordinance upon application of SPENCE CROSSING
PROPERTIES, LC at Princess Anne Road and South Independence Boulevard for DISTRICT 1 —
CENTERVILLE:
a. Conditional Change of Zoning from Conditional B-4 Mixed Use to Conditional PD-H2(A-
12)Apartment
b. Modification of Proffers re removal of a Deed restriction (Approved May 27, 2014)
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
47
Item—VII-J.6
PLANNING ITEM#67637
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, AS
PROFFERED, BY CONSENT, Ordinance upon application of BAKER VILLAS, LLC and OCEAN
RENTAL PROPERTIES, LLC, ET AL for a Conditional Change of Zoning from R-7.5 Residential to
Conditional A-18 Apartment at 504 Baker Road and 5501, 5505 and 5513 Connie Lane DISTRICT 2—
KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of BAKER VILLAS, LLC and OCEAN
RENTAL PROPERTIES, LLC, ET AL for a Conditional Change of
Zoning from R-7.5 Residential to Conditional A-18 Apartment at 504
Baker Road and 5501, 5505 and 5513 Connie Lane (GPINs
1468408255, 1468407007 & portions of 1468500209, 1468409386,
1468409432, 1468407370, 1468407461)DISTRICT 2—KEMPSVILLE
The following condition shall be required:
An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of December, Two
Thousand Seventeen.
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss,John E. Uhrin and James L. Wood
Council Members Abstaining:
Mayor William D. Sessoms,Jr.
Council Members Absent:
Rosemary Wilson
December 5, 2017
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. A4. b., ,I s CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-9886
DATE: November 20, 2017
TO: Mark D. Stiles DEPT:
DEPT: City Attorney
FROM: B. Kay Wilso' 25 DEPT: City Attorney
RE: Conditional Zoning Application; Baker Villas, LLC and Ocean Rental
Properties, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 5, 2017. I have reviewed the subject proffer agreement, dated
April 28, 2017 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
BAKER VILLAS,LLC,a Virginia limited liability company
OCEAN RENTAL PROPERTIES,LLC,a Virginia limited liability company
JAMES EDWARD SOLLNER and LINDA SUSAN SOLLNER,husband and wife
TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT,made this 28th day of April,2017,by and between BAKER VILLAS,
LLC, a Virginia limited liability company, Grantor, party of the first part; OCEAN RENTAL
PROPERTIES, LIE, a Virginia limited liability company, Grantor, party of the second part;
JAMES EDWARD SOLLNER and LINDA SUSAN SOLLNER, husband and wife, Grantors,
parties of the third part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia,Grantee,party of the fourth part.
WITNESSETH:
WHEREAS,the party of the first part is the owner of three(3)parcels of property located
in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 2.66
acres designated as Parcels 4,6 and 7 in Exhibit"A"attached hereto and incorporated herein by
this reference. Parcels 4,6 and 7,along with the other pieces and parcels described herein and
in Exhibit"A"are hereinafter collectively referred to as the"Property";and
WHEREAS, the party of the second part is the owner of three (3) parcels of property
located in the Bayside District of the City of Virginia Beach,Virginia,containing approximately
31,037 square feet designated as Parcels 1, 2 and 3 in Exhibit "A" attached hereto and
GPIN: 1468-40-9386-0000
1468-40-8255-0000
1468-40-9432-0000
1468-40-7370-0000
1468-40-7461-0000
1468-50-0209-0000
1468-40-7007-0000
Prepared by:
R Edward Bourdon,Jr.,Esquire
VSB#22160
Sykes,Bourdon,Ahern&Lely,P.C.
281 Independence Boulevard
Pembroke One,Fifth Floor
Virginia Beach,Virginia 23462
incorporated herein by this reference. Parcels 1,2 and 3,along with the other pieces and parcels
described herein and in Exhibit"A"are hereinafter collectively referred to as the"Property";and
WHEREAS, the parties of the third part are the owners of a certain parcel of property
located in the Bayside District of the City of Virginia Beach,Virginia,containing approximately
9,363 square feet designated as Parcel 5 in Exhibit"A"attached hereto and incorporated herein
by this reference. Parcel 5, along with the other pieces and parcels described herein and in
Exhibit"A"are hereinafter collectively referred to as the"Property"; and
WHEREAS, the party of the first part is the contract purchaser of Parcel 5 from the
parties of the third part;and
WHEREAS,the parties of the first and second part as the owners and contract purchasers
of the assembled property containing approximately 3.63 acres have initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to
the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential
District to Conditional A-i8 Apartment District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation;and
WHEREAS,the parties of the first part and second part acknowledge that the competing
and sometimes incompatible uses conflict and that in order to permit differing uses on and in
the area of the Property and at the same time to recognize the effects of change,and the need for
various types of uses, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are needed
to cope with the situation to which the Grantors'rezoning application gives rise;and
WHEREAS,the parties of the first and second part have voluntarily proffered,in writing,
in advance of and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning
District by the existing overall Zoning Ordinance,the following reasonable conditions related to
the physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property,which has a reasonable
relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the parties of the first and second part, for themselves, their
successors, personal representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its governing body
and without any element of compulsion or uid guo for zoning,rezoning,site plan,building
2
permit, or subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use of the
Property and hereby covenant and agree that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantors, their successors, personal representatives, assigns,
grantee,and other successors in interest or title:
1. When the Property is developed, it shall be as a residential condominium,
substantially in accordance with the "WILLOW PINES CONCEPTUAL SITE PLAN VIRGINIA
BEACH, VIRGINIA", dated April 28, 2017, prepared by Land Planning Solutions, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning(the`Concept Plan").
2. When the Property is developed, it will have a heavily landscaped entrance
feature with a brick monument style sign and will include landscaped buffers with perimeter
fencing and pergolas as described on the Concept Plan,which shall be substantially as depicted
on the exhibits entitled, "Willow Pines Streetscape" and "Willow Pines Community Amenities"
dated April 28, 2017, which have been exhibited to the Virginia Beach City Council and are on
file with the Virginia Beach Department of Planning (the "Streetscape" and "Community
Amenities").
3. The total number of dwelling units permitted to be constructed on the Property
shall not exceed forty-seven (47) and the primary exterior building material shall be"premium
vinyl". Each dwelling unit shall contain a minimum of 1600 to 2200 square feet of living area,
and a one(1)car or two(2) car garage.
4. The architectural design and exterior building materials of the residential
buildings will be substantially as depicted and described on the three (3) page exhibit
"PROPOSED 2.5 STORY BRICK AND FRAME TOWNHOUSE DWELLING PREPARED FOR
BISHARD HOMES", dated 3/10/2017 with the rear elevation of the three (3) unit building
abutting the Property's frontage on Baker Road (Units #1, 2 and 3 on the Concept Plan) to be
substantially as depicted and described on the exhibit labeled"BIS-BV-3 Unit BAKER VILLAS",
dated 3/11/2017,both prepared by JON BENGSTON,which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning (the
"Elevations").
5. When the Property is developed, the Grantor shall record a Declaration
submitting the Property to the Condominium Act of the Commonwealth of Virginia. The
3
Condominium Unit Owners' Association shall be responsible for maintaining all open spaces,
common areas, landscaping and other improvements on the Property as depicted on the
Concept Plan. Membership, by all residential unit owners, in the Condominium Association
shall be mandatory.
6. The areas depicted on the Concept Plan which will not be occupied by residential
dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which
shall be utilized as such. Open spaces shall be maintained and used by the Condominium
Association consistent with the intent and regulations set forth in Article 3 of the Zoning
Ordinance("Preservation District").
7. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
repeals such conditions. Such conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until specifically repealed.
The conditions, however, may be repealed, amended, or varied by written instrument recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by
the record owner of the Property at the time of recordation of such instrument, provided that
said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent,and if not so recorded,said instrument
shall be void.
The Grantors covenant and agree that:
(i) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied;
and (b) to bring legal action or suit to insure compliance with such conditions, including
4
mandatory or prohibitory injunction, abatement,damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these
provisions, the Grantors shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(q) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the
Grantors and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
Baker Villas,s,LLC,a Virginia limited liability company
By: ,IXIAAtiG-4/ dilf (SEAL)
Steven W. Bishard,Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this is day of May, 2017, by
Steven W. Bishard, Manager of Baker Villas, LLC, a Virginia limited liability company,
Grantor.
L'il &Lo J fl vL(A) Li
Notary Public
My Commission Expires:au usi 3 1. 2011
Notary Registration Number: asba cS
MELOME MCHUGH
Nomy PW00
Commonwm1M M W$le
258255
My Commission Expires Aug 31,2011
6
WITNESS the following signature and seal:
Grantor:
Ocean Rental Properties, LLC, a Virginia limited liability
company
By: j�/. I (SEAL)
Steven W.Bishard,Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this to day of May, 2017, by
Steven W. Bishard, Manager of Ocean Rental Properties, LLC, a Virginia limited liability
company,Grantor.
Notary Public
My Commission Expires: OAAC U Sf. 31 -1•01"7
Notary Registration Number: d o 2 C�
MELON*MCHUGH
Notary Politic
Commonweslm of Vitginls
258255
My Commission Expires Aug 31,2017
7
WITNESS the following signatures and seals:
Grantors: \
YVd Al -‘5)-1 (SEAL)
James
��Edward Soliner
LCI '/////�p�����
24_ (SEAL)
Linda Susan Soliner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this 9th day of May, 2017, by
James Edward Sollner and Linda Susan Sollner, husband and
�wife, Grantors.to
Ada kit
Notary Public
My Commission Expires: August 31, 2018 0 e.
Notary Registration Number: 192628 `
'%
OF
NpRI
8
EXHIBIT"A"
LEGAL DESCRIPTION
Parcel 1-Ocean Rental Properties, LLC
(Part of GPIN: 1468-40-9386-0000)
All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach,
Virginia being the southernmost 211.57' x 74.43' (15,763 SF) portion of GPIN 1468-40-9386,
known, numbered and designated as the southern one-half(1/2) of that parcel known as S.P.
Dixon Tract,which tract is recorded in Deed Book 443,at Page 453 in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,Virginia.
Less and Except those portions conveyed to the City of Virginia Beach,Virginia in Deed Book
2798,at Page 993 and in Deed Book 2798,at Page 995(a/k/a a portion of 5501 Connie Lane).
Parcel 2—Ocean Rental Properties,LLC
(Part of GPIN: 1468-40-9432-0000)
All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach,
Virginia being the southernmost 50.92' x 64.51 (3,305 SF) portion of GPIN 1468-40-9432-
0000, having a current street address of 5505 Connie Lane, being a portion of the property
described in a survey entitled,"Property of S.P. Dixon",a plat of which is of record in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed Book 443,at Page 453.
Parcel 3— Ocean Rental Properties, LLC
(GPIN: 1468-40-8255-0000)
ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon
numbered 5505 Connie Lane,lying,situate and being in the City of Virginia Beach,Virginia,and
being known as the southern one-half of the western one-half of a 1.1 acre tract of land shown
on the plat of Property of S.P. Dixon, dated August 18, 1954, and recorded in Deed Book 443,
Page 453 (erroneously referred to in previous deeds as Deed Book 489,Page 185), and is more
particularly described as follows:
Beginning at a point marked by a pin 321.1 feet from a pin on Newsome Farm Road,said pins
are on the boundary of Georgia Simmons and Jamie May Whitehurst property, thence
proceeding from said pin N 34 degrees 34'E, 160.65 feet to a point; thence S 54 degrees to' E,
74.51 feet to a point, thence S 34 degrees 34'W, 160.65 feet; thence N 54 degrees 1o'W, 74.51
feet to the point of beginning.
9
Parcel 4—Baker Villas, LLC
(Part of GPIN: 1468-40-7370-0000
All that certain lot, piece or parcel of land, situated in the City of Virginia Beach (formerly
Princess Anne County),Virginia,known,numbered and designated as Lot A, .355 Ac.,as shown
on plat entitled,"SUBDIVISION OF PROPERTY OF GEORGIA SIMMONS, LOCATED NEAR
DAVIS CORNER-PRINCESS ANNE CO., VA., SCALE: 1"=100', AUGUST 14, 1962, W.B.
GALLUP, SURVEYOR",which plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach (formerly Princess Anne County), Virginia, in Deed Book 747, Page
289.
Less and Except the northernmost 1.832 square feet which is described as beginning at a pin
along the southern right of way line of CONNIE LANE at the northeastern corner of"LOT A,
.355 AC.",as hereinabove described and from said pin South 34°43'West, 143.05 feet; thence
North 54° 10' oo"West, 20.00 feet; thence North 34° 43' Fast, 143.05 feet to a pin along the
southern right of way of Connie Lane;thence South 53°42'30"east along the southern right of
way line of Connie Lane 20 feet to the pin at the Point of Beginning.
Parcel 5—James Edward Sollner&Linda Susan Sollner
(Part of GPIN: 1468-40-7461-0000)
All that certain piece, portion or parcel of land situate, lying and being in the City of Virginia
Beach,Virginia,being the southernmost 9,432 square feet(160.89'±x 60.56±)of"PARCEL A-
1-B"as depicted on that plat entitled"SUBDIVISION OF LOT A-1,PLAT OF SUBDIVISION OF
PART OF SITE 31,NEWSOME FARM",which said survey is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,Virginia,in Deed Book 2717,at Page 1062.
Parcel 6—Baker Villas, LLC
(Part of GPIN: 1468-50-0209-000o)
MI that certain strip,piece or parcel of land situate,lying and being in the City of Virginia Beach,
Virginia, containing 3,469 square feet, being the southernmost 264.3 linear feet of what was
once a private right of way described and designated as the southeasterly 15 Foot Right of Way
as shown on that plat entitled, "Property of William C. Johnson Located Near Davis Corner —
Princess Anne Co.,VA. (A part of Tract 3o-Evelyn Hofheimer)",which said plat(the"Johnson
Plat")is attached to that certain Deed dated October 29, 1953 from Mary Hodges to William G.
Johnson and Geraldine S.Johnson,said Deed being recorded in the Clerks Office of the Circuit
Court of the City of Virginia Beach,VA("Clerk's Office")in Deed Book 343,at Page 495,said 15
Foot road running from a zo foot right of way shown on the Johnson Plat to Newsome Farm
Road(now known as Connie Lane)and being adjacent and continuous to that certain property
identified on the Johnson Plat as"William C.Johnson 1.32 AC".
The said 15 foot road is also identified as"James C.Joyner's 15' R. of W." on that plat entitled
"Property of S.R. Dixon located near Davis Corner — Princess Anne Co. VA"which said plat is
attached to that certain Deed dated February 21, 1956 from Ethel Simmons to James B.
Whitehurst and Jannie Mae Whitehurst said deed being recorded in the Clerk's Office in Deed
Book 443,at Page 451.
10
Parcel 7—Baker Villas, LLC
(GPIN: 1468-40-7007-0000)
ALL THAT certain piece, tract or parcel of land, with the improvements thereon and
appurtenances thereunto belonging,situate,lying and being in Kempsville Magisterial District,
Princess Anne County,Virginia,near Burtons Station,described by a reference to a certain plat
and survey thereof made by W.B. Gallup,County Surveyors, and recorded in the Clerk's Office
of the Circuit Court of Princess Anne County, in Deed Book 329, at Page 288, and more fully
shown on a plat and survey made by W.B. Gallup, County Surveyor, November 15th 1953, the
property hereby conveyed being described as follows:
BEGINNING at a pin in the southern line of the right of way of a twenty(20) foot road at its
western end thereof,as shown on the aforesaid plat in the line of the property of James C.Joyner
conveyed to him by the grantor herein by deed recorded in Deed Book 329,at Page 284, in the
center line of a ditch,and from said point running along the Southern line of the right of way of
said twenty (20) foot road South 54 degrees to minutes East, 287.8 feet to a pin; thence
continuing the same course 30 feet to a point in the line of the property of Johnson and others;
thence along the line of the property of Johnson South 34 degrees 34 minutes West, 132.8 feet
to a pin in a ditch;thence along said ditch South 76 degrees 43 minutes West,143.2 feet to a pin,
South 63 degrees 20 minutes West, 79.7 feet to a pin in the line of the property of the Browne
Estate North 54 degrees 48 minutes West, 236.8 feet to a pin in the center line of a ditch
separating this property from the property of James C. Joyner; thence along the center line of
said ditch North 44 degrees 16 minutes East, 317.9 feet to the center line of the right of way of
the twenty(20)foot road,the point of beginning.
and
ALL THAT certain lot, piece or parcel of land lying, situate, and being in the City of Virginia
Beach,Virginia, and being known, described and designated as "20 Ft. R of W." as shown on
that certain plat entitled, 'Property of James C. Joyner Located on Newsome Farm Tract Near
Davis Corner—Princess Anne County,VA."as attached to that certain Deed of Bargain and Sale
dated May 26, 1953 by and between Mary Hodges,James C.Joyner and Mary M.Joyner,et al,
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed
Book 329,at Page 284.
H:\AM\Conditional Rezoning\Baker Villas\Proffer Agreement_final 9-19-2017.docx
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WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 234569000
(757)385-4501
FAX(757)3B5-5699
vsessoms®vbgov om
In Reply Refer to 0061927
December 5, 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 the City Council's discussion and
vote on an ordinance approving the application of Baker Villas, LLC & Ocean
Rental Properties, LLC for a conditional change of zoning for land located at 504
Baker Road and 5501, 5505 and 5513 Connie Lane.
2. The applicant has disclosed that TowneBank is a financial services provider with
respect to this transaction.
3. I have a personal interest in Towne Bank, which is located at 600 22nd Street in
Virginia Beach. Based upon the new disclosure, I understand that the applicant has
identified TowneBank as a service provider. I am no longer employed by
TowneBank, and I am not personally providing services to this borrower on behalf
of TowneBank. Although I am able to participate in this transaction fairly and in
the public interest, as provided by Virginia Code Section 2.2-3115(1), I am
nonetheless electing to abstain from this vote.
Please record this declaration in the official records of the City Council. Thank you for
your assistance.
Mrs. Ruth Hodges Fraser -2- December 5, 2017
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Sincerely,
- A
William D. Sessoms
Mayor
WDS/RRI
48
Item—V/1-J.7
PLANNING ITEM#67638
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, AS
PROFFERED, BY CONSENT, Ordinance upon application of GOODWILL OF CENTRAL AND
COASTAL VIRGINIA, INC. and SOUTHERN BANK AND TRUST COMPANY for a Conditional
Change of Zoningfrom 0-2 Office to Conditional B-2 Community Business at 1124 First Colonial Road
DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of GOODWILL OF CENTRAL AND
COASTAL VIRGINIA, INC. and SOUTHERN BANK AND TRUST
COMPANY for a Conditional Change of Zoning from 0-2 Office to
Conditional B-2 Community Business at 1124 First Colonial Road
(GPIN 2408546615)DISTRICT 5—LYNNHAVEN
The following condition shall be required:
An agreement encompassing Proffers shall he recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of December, Two
Thousand Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
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J;;s CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-9946
DATE: November 20, 2017
TO: Mark D. Stiles
p DEPT: City Attorney
FROM: B. Kay Wilson�� '- DEPT: City Attorney
RE: Conditional Zoning Application; Goodwill of Central & Coastal Virginia, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 5, 2017. I have reviewed the subject proffer agreement and
have determined it to be legally sufficient and in proper legal form. A copy of the
agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue,Suite 2000
Virginia Beach,VA 23462
AGREEMENT
THIS AGREEMENT is made as of this day of , 2017, by and between
SOUTHERN BANK AND TRUST COMPANY ("Southern Bank", and to be indexed as grantor),
GOODWILL OF CENTRAL AND COASTAL VIRGINIA, INC., a Virginia non-stock corporation
("Goodwill", and to be indexed as grantor) (Southern Bank and Goodwill together referred to as
"Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia (hereinafter referred to as the"Grantee", and to be indexed as grantee).
WITNESSETH:
WHEREAS, Southern Bank is the current owner of that certain property located in the City of
Virginia Beach, Virginia, identified as GPIN No. 2408-54-6615-0000 (the "Property"), which is more
particularly described in the legal description attached hereto and incorporated herein by reference as
Exhibit A; and
WhEREAS,Goodwill is the contract purchaser of the Property; and
WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property
from 0-2 to Conditional B-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes, including mixed-use purposes, through zoning and other land development legislation.
Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to
permit differing uses on and in the area of the subject Property and at the same time to recognize the
effects of the change and the need for various types of uses, certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally applicable to land similarly
zoned B-2 are needed to cope with the situation to which Grantor's rezoning application gives rise; and
WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public
hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in
addition to the regulations provided for in the existing B-2 zoning districts by the existing City's Zoning
Ordinance (CZO), the following reasonable conditions related to the physical development, operation
and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the
Property, all of which have a reasonable relation to the rezoning and the need for which are generated by
the rezoning; and
WHEREAS, said conditions having been proffered by Grantor and allowed and accepted by the
Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force
and effect until a subsequent amendment changes the zoning on the Property covered by such conditions;
GPIN NOS.: 2408-54-6615-0000
32972864v3
provided, however,that such conditions shall continue despite a subsequent amendment if the subsequent
amendment is part of the comprehensive implementation of a new or substantially revised zoning
ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and
executed by the record owner of the subject Property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a
certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public
hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent.
NOW THEREFORE, Grantor, for itself, its successors, assigns, grantees, and other successors
in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan,
building permit or subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation and use of the Property
and hereby covenant and agree that these proffers (collectively,the`Proffers")shall constitute covenants
running with the said Property,which shall be binding upon the Property and upon all parties and persons
claiming under or through Grantor, its heirs, personal representatives, assigns, grantees and other
successors in interest or title,namely:
1. The use of the Property shall be restricted to the following uses: non-profit donation
drop-off centers,offices,medical and dental offices and clinics, and financial institutions.
2. Freestanding signage located on the Property (other than directional signage permitted
under the City Zoning Ordinance) will be limited to the one (1) existing freestanding sign (the "Existing
Freestanding Sign"), which shall be in substantial conformance with that depicted on the signage exhibit
entitled "SIGN A: FREESTANDING SIGN EMBOSSED FACE CHANGE", dated July 25, 2017, and
prepared by Cardinal Sign Corporation (the "Freestanding Signage Exhibit"), a copy of which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning. Notwithstanding the prior sentence, the Existing Freestanding Sign may be replaced with a
new freestanding sign (the "New Freestanding Sign") that is not in substantial conformity with that
depicted on the Freestanding Signage Exhibit to the extent that the New Freestanding Sign (a) does not
exceed eight feet(8') in height, (b) is monument style, (c)has a brick or stone base, and (d) is otherwise
in compliance with applicable provisions of the City Zoning Ordinance (as modified by any variance
approved by the appropriate authority).
3. Signage on the primary structure located on the Property shall be in substantial
conformance with that shown on the exhibit entitled"SIGN C: CHANNEL LETTERS ON RACEWAY",
August 23,2017,and prepared by Cardinal Sign Corporation (the"Building Signage Exhibit"), a copy of
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
4. Landscaping shall be installed on the Property in substantial conformance with that
shown on the landscaping plan entitled "Goodwill First Colonial Landscape Plan," dated August 23,
2017, and prepared by Balzer and Associates, Inc. (the "Landscaping Plan"), a copy of which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning,
32972864v3 2
5. Outdoor storage shall not be permitted on the Property.
6. The Property shall be developed in substantial conformance with the conceptual site plan
entitled "Physical Survey of#1124 First Colonial Road, Lot 2, Parcel A, Virginia Beach, Virginia for
Southern Bank," dated December 14, 2011,and prepared by R.L. Galloway, L.S. (the"Concept Plan"), a
copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning.
7. During periods when the Property is used as a non-profit donation drop-off center,a drop
box for after-hours donations shall be located to the rear of the front façade of the primary structure on
the Property in a location approved by the Planning Department, which drop box shall be appropriately
screened from adjacent public rights-of-way.
Further conditions lawfully imposed by applicable development ordinances may be required by
the Grantee during detailed site plan and/or subdivision review and administration of applicable City
Codes by all cognizant City agencies and departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer to the
City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional
zoning amendment is approved by the Grantee. Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on
behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the
foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with
such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings; (2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the
required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the
Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,
Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;
and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions
attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning Administrator
and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach,Virginia and indexed in the name of Grantor and Grantee.
[Remainder of page intentionally left blank. Signature pages to follow]
32972864v3 3
IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first
written above.
GOODWILL:
Goodwill of Central and Coastal Virginia, Inc.,
a Virginia non-stock corporation
Na: ,
Name: li���� .r
'
Title: .rJra�_ f 'f L,EO
ONWEALTH/STATE OF ,14110iLL
OUNTY OF tQ, 9mo& , to-wit:
The foregoing instrument was acknowledged before me this ,21P-day ofQtber
20 1 , by 01(4.11) D LGS.wn , who is personally known to me or has produced
as identification, in his/her capacity as Prge,i/gnf +-CED of
Goodwill of Central and Coastal Virginia. Inc., a Virginia non-stock corporation, on behalf of the
company.
644;eriza. 90
Notary Public
My Commission Expires: Aver/i2F./ 30,20/$
Registration No. 302 Saa c, NpTn '•'•�o
Ute• pun. 2 ' .
lit
[NOTARIAL SEAL/STAMP] MVECOmmissoN?
n '• E%0111°5
,���MM1'EALTHOF•�
�4u n.Pvvv,
32972864v1 4
SOUTHERN BANK:
Southern Bank and Trust Company
By: 7 7an
Name: L. Taylor Harrell
"Title: Executive Vice President
COMMONWEALTH/STATE OF y/f9l/Ito--' _.
CITY/COUNTY OF lUor fo f k rho--
to-wit:
The foregoing instrument was acknowledged before me thisa day ofApr5/I ,
20 IT , by L•Tinftor /tame/l , who is personally known to me or has produced
A)14 as identification, in his/her capacity as E✓f' _ of
Southern Bank and"Oust Company, on behalf of the company.
C�rss
Ain
Notary Public
My Commission Expires: Leifi / 3ot .?-.0 1 Et-
Registration No. '7b 306 6 I
[NOTARIAL. SEAL/STAMP]
TAMMY SANSBURY
NOTARY PUBLIC
Commonweal)of Virginia
Reg.#7038801
My Commission Expires April 30,2018
32I79o41v1 5
Exhibit A
Legal Description of Property
All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia
Beach, Virginia,being known, numbered and designated as Lot 2,consisting of 31,548 square
feet, as shown on that certain plat entitled "Subdivision of Parcel "A", Physicians
Professional Center, Inc., Map Book 82, page 20, Lynnhaven Borough-Virginia Beach,
Virginia, dated March 15, 1987", and recorded in Deed Book 2661, at page 168.
32972864v3 6
49
Item-VII-J.8
PLANNING ITEM#6 7639
The following individuals registered to speak
Randy Royal, 4525 Main Street, Phone, 213-8600, represented the Applicant.
Melissa Wise, 941 Watertown Court, Phone: 275-7265, spoke in OPPOSITION.
Stephanie Sterner, 913 Shawhown Crescent, Phone: 386-7371, spoke in OPPOSITION.
Frances Wise, 941 Watertown Court, Phone: 275-7265, did not respond
Gary Medlin, 1028 Hillview Boulevard, Phone: 361-5826, spoke in OPPOSITION.
Brandon Keese, 509 Brooklyn Court, Phone: 235-9277, spoke in OPPOSITION.
Harsh Gill, 509 Brooklyn Court, Phone: 530-682-2727, spoke in OPPOSITION.
David Rooks, 996 Owl Creek Lane, Phone: 228-5132, spoke in OPPOSITION
Billy Birdson, 215 S. Birdneck Road, Phone: 653-6680, spoke in OPPOSITION.
Barbara Messner, P.O. Box 514, spoke in OPPOSITION.
Adam Dobbins, Carissa Court, did not appear,: however, Harsh Gill was given permission to read his
letter of OPPOSITION into the record.
Marjorie Leach-Parker, 2061 Lyndora Road, Phone.- 581-6365, spoke in OPPOSITION.
Curt Clarke, 1000 Carissa Court, Phone: 910-546-0182, spoke in OPPOSITION
Rona Marsh, 4382 Lynnville Crescent, spoke in OPPOSITION
William Bailey, 211 246 Street, Phone: 288-5761, spoke in SUPPORT
Diana Howard spoke in SUPPORT
Upon motion by Councilman Uhrin, seconded by Councilman Moss, City Council APPROVED, AS
PROFFERED, Ordinance upon application of CITY OF VIRGINIA BEACH Conditional Change of
Zoningfrom I-1 Light Industrial and R-2.5 Residential to Conditional 1-1 Light Industrial at 373 and 411
South Birdneck Road DISTRICT 6-BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CITY OF VIRGINIA BEACH
Conditional Change of Zoning from I-I Light Industrial and R-2.5
Residential to Conditional I-I Light Industrial at 373 and 411 South
Birdneck Road (GPINs 2417411312, 241 7408 72 & portions of
241 731 7606& 241 7203 62 9) DISTRICT 6-BEACH
The following condition shall he required:
An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
December 5, 2017
50
Item—VII-J.8
PLANNING ITEM#67639
(Continued)
This Ordinance shall be effective in accordance with Section 107('/)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, of the Fifth day of December, Two
Thousand Seventeen.
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, Al. Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
**Mayor William D. Sessoms,Jr. noted his intent to Abstain and filed the letter of Declaration.
***Councilman Moss suggested ID's be checked as employees enter the building rather than at the gate.
This will be considered at the time of the Sales Contract as Amending Proffers is not legally allowed at
this time.
December 5, 2017
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'. CITY OF VIRGINIA BEACH
-� _ INTER-OFFICE CORRESPONDENCE
•
In Reply Refer To Our File No. DF-9957
DATE: November 20, 2017
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilso DEPT: City Attorney
RE: Conditional Zoning Application; City of Virginia Beach
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on December 5, 2017. I have reviewed the subject proffer agreement, dated
November 15, 2017 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
THIS DOCUMENT PREPARED BY THE CITY
OF VIRGINIA BEACH ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(Ap3)AND
58.1-811(C)(5)
AGREEMENT
THIS AGREEMENT is made this 15th day of November 2017, by and between
("Grantor") and THE CITY OF VIRGINIA BEACH, a political subdivision of the Commonwealth of
Virginia("Grantee").
WITNESSETH:
WHEREAS,the Grantee is the current owner of a certain property located in the Beach District of
the City of Virginia Beach, containing approximately four(4)parcels of land approximately 76.43 acres,
which parcels designated Parcel 1,Parcel 2,Parcel 3 and Parcel 4 described in Exhibit"A"attached hereto
and incorporated herein by this reference,said property hereinafter referred to as the"Property"; and
GPIN: 24174113120000
24174087200000
A portion of 24173176060000
A portion of 24172036290000
WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of
Virginia Beach,Virginia,by petition addressed to the Grantee,so as to change the Zoning Classification of
the Properties from R-2.5 Residential District and I-1 Industrial District, to Conditional 1-1 Industrial
District; and
WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various
purposes through zoning and other land development legislation;and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses on and in
the area of the Property and at the same time to recognize the effects of change that will be created by the
Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are needed to resolve
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public
hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the
Property, the following reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the
Property, which has a reasonable relation to the rezoning and the need for which is generated by the
rezoning; and
NOW THEREFORE,the Grantor, its successors,personal representatives,assigns,grantees,and
other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee
or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site
plan, building permit, or subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use of the Property,
GPIN:24174113120000,24174087200000,a portion of 24173176060000,and a portion of 24172036290000
and hereby covenant and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming under or through the
Grantor,its successors,personal representatives,assigns,grantees,and other successors in interest or title:
1. When the Property is developed, the site design shall be substantially in accordance with the Plan
titled, "Conceptual Site Plan for Owls Creek Industrial Building,"dated November 17,2017,
prepared by Kimley-Hom and Associates,which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning(hereinafter the"Site
Plan").
2. When the Property is developed, the design of the building shall be substantially in accordance
with the Building Renderings titled"Renderings I through 4 for Owl's Creek Industrial Building,"
dated November 14,2017,prepared by HBA Architecture&Interior Design, Inc.,which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning(hereinafter the"Building Renderings").
3. When the Property is developed,the landscape design of the site shall be substantially in accordance
with the Plan titled, "Conceptual Landscape Plan for Owls Creek Industrial Building," dated
November 17, 2017, prepared by Kimley-Hom and Associates, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter the"Site Plan").
4. When the Property is developed, a new southbound right turn lane with the appropriate
storage and taper lengths along the frontage on Birdneck Road will be dedicated and
constructed.
5. As depicted on the Site Plan, a 6-foot tall aluminum security fence will be installed along the
perimeter of the property where adjacent to the right-of-way. The fence will be installed 15 feet
from the Birdneck right of way and provide landscaping on the right-of-way side of the fence.
6. If at any point the end user of the site requests a signal to be installed,a traffic study shall show the
traffic generated from the site warrants a signal. With these conditions met, and after approval is
given for a traffic signal by the Public Works Traffic Engineering division, the end user shall be
responsible for the design and construction of the signal at their expense. Any such signal design
shall require approval from Public Works—Traffic Engineering.
7. Further conditions lawfully imposed by applicable development ordinances may be required by the
Grantee during detailed site plan and/or subdivision review and administration of applicable City
Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City
Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning
amendment is approved by the Grantee.The Grantors covenant and agree that(1)the Zoning Administrator
of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the
governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions,
including(i)the ordering in writing of the remedying of any noncompliance with such conditions,and (ii)
the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or
prohibitory injunction,abatement, damages or other appropriate action, suit or proceedings; (2)the failure
to meet all conditions shall constitute cause to deny the issuance of any of the required building or
2
occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator
made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition
the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map
shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the
subject Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning
and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and indexed in the name of the Grantors and Grantee.Upon acquisition of the Property by Contract
Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantor?' under this
Agreement,and Owner shall have no further rights or obligations of a"Grantor"under this Agreement.
[Remainder of page intentionally left blank. Signature pages to follow.]
3
IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first
written above.
GRANTOR and GRANTEE:
CITY
O INIIABEACH
By: -- ' (�7"
Name: C40 id- 4b 'Moms s /�
,
Title: V UfldW, lr0qtY"
//�� 1.
ATT
,
City Clerk — 6.4.4 62G/u<7
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit: ��{y,
The foregoing instrument was ackr wled ed before rhe rs�QJ' 'day of(tc ttbc('
Act
2011 , by 'fold H . W Iliums ,c who is pe na1lly�� kno nQ�`t to wti e�-`�_reer-haa produeed
. 1,
'Notary 'ublic
My Commission Expires: 5/3 I/ l$ Commonwealth Of Virginia
Jennifer Anne Gmndler•Notary Public
Registration No. -toa-t te--I Commission No,76371 7
My Commission Expires,�NW
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
/�_� The foregoing instrument was acknowledged before m tt is,�'day of
f x*Oz' , 20 El , by Amanda.. F `bc.rnca a oas<a dvim is persdnaf( known to
me --..a..,.,.,,
iont
'r'l�',"N't'fit
b •
otary Public
My Commission Expires: rj 31/l Commonwealth Ot Virginia
JenniferMne Gmndler-Notary public
Registration No. 10 -t i b Commission No.7037167
My Commission Expires slsyts
4
Exhibit A
Legal Description of a portion of, Owls Creek Golf Course being
GPIN 2417-40-8720,GPIN 2417-41-1312, a portion of GPIN 2417-31-7606,and a portion of
GPIN 2417-20-3629
TO FIND THE POINT OF BEGINNING, Commencing at a Point on the southwest corner of
Beautiful Street right of way and the westerly right of way of South Birdneck Road; thence
continuing along the westerly right of way line of South Birdneck Road in a southerly direction
1,390' more or less to a point on the northeasterly corner of Parcel 462, as shown on "Boundary
Line Survey for the Atlantic Division, Department of the Navy", recorded in Map Book 159 at
page 28 said point being the Point of Beginning. Having thus established the Point of Beginning
thence; continuing along the westerly right of way line of South Birdneck Road South 11°58'07"
East a distance of 195.27' to a point; thence along a curve to the right with a central angle of
26°45'28", an arc length of 654.98', with a radius of 1,402.50', with a chord bearing of South
01°24'37" West and a chord length of 649.05'to a point; thence leaving the westerly right of way
line of South Birdneck Road South 60°25'10" West a distance of 413.14'to a point; thence South
60°01'56" West a distance of 489.60' to a point; thence South 59°28'39" West a distance of
276.28' to a point; thence North 28°02'31" West a distance of 100.32' to a point; thence North
10°5629" West a distance of 132.60' to a point; thence North 20°03'24" West a distance of
132.60' to a point; thence North 44°03'12" West a distance of 131.98' to a point; thence North
67°46'04" West a distance of 248.73' to a point; thence North 66°17'39" West a distance of
120.05' to a point; thence North 49°32'15" West a distance of 139.21' to a point; thence North
36046104" West a distance of 166.39' to a point; thence North 61°29'41" West a distance of
115.71' to a point; thence North 67°43'47" West a distance of 154.80' to a point; thence South
82°08'06" West a distance of 140.87'to a point; thence South 61°00'02" West a distance of 91.77'
to a point; thence North 17°45'23" West a distance of 84.50' to a point; thence North 83°25'28"
East a distance of 46.75'to a point; thence North 17°57'14" West a distance of 320.52'to a point;
thence North 00°55'46" East a distance of 932.00' to a point; thence North 87°56'15" East a
distance of 257.70' to a point; thence South 62°40'49" East a distance of 188.10' to a point;
thence South 66°55'49" East a distance of 152.46' to a point; thence South 75°55'49" East a
distance of 143.22' to a point; thence South 84°55'49" East a distance of 186.78' to a point;
thence North 84°49'11" East a distance of 118.80' to a point; thence North 74°34'11" East a
distance of 121.44' to a point; thence North 58°4971" East a distance of 64.70'to a point; thence
South 01°31'49" East a distance of 289.61' to a point; thence North 88°30'21" East a distance of
354.91' to a point; thence South 06°37'45" East a distance of 439.03' to a point; thence North
83°22'14" East a distance of 690.68'to a point which is the Point of Beginning.
Said described parcel having an area of 3,042,065 square feet or 69.836 acres.
5
The subject property is further described as follows:
a. GPIN: 2417-20-3629
ALL THAT certain lot, tract or parcel of land, together with the improvement thereon,
situate, lying and being in the City of Virginia Beach, Virginia, designated and described
as "PROPERTY OF GORDON B. POTTER, DEAN S. POTTER, JR., AND JOHN RAY
POTTER (D.B. 1459, PG. 729 (W.B. 107, PG. 2104) GPIN 2417-20-3629", as shown on
that certain plat entitled "PLAT SHOWING PRPOERTY TO BE ACQUIRED FROM
GORDON B. POTTER, DEAN S. POTTER, JR., AND JOHN RAY POTTER BY THE
(SIC) CITY OF VIRGINIA BEACH, VIRGINIA FOR SOUTHEREASTERN
PARKWAY & GREENBELT, VIRGINIA BEACH, VIRGINIA", dated January 23,
2007, Scale: 1" = 100' prepared by Patton Harris Rust & Associates, P.C., which plat is
duly recorded in the Clerk's Office, as Instrument No. 20070201000147360, to which
reference is made for a more particular description.
b. GPIN: 2417-40-8720
ALL THAT certain piece or parcel of land located in the Lynnhaven Borough of the City
of Virginia, Virginia, containing 20.681 acres as shown on a certain plat entitled, "Survey
of a portion of the Dean S. Potter Estate, for William A. Brown, Lynnhaven Borough,
Virginia Beach, Virginia", Scale: 1"= 100', dated February 26, 1973, prepared by Rouse-
Sirine Associates, Ltd., Surveyors and Engineers, and recorded in the Clerk's Office, in
Map Book 134, at Page 23, to which plat reference is made for a more particular
description.
c. GPIN: 2417-31-7606
A PORTION OF THAT certain tract, piece or parcel of land situate in the Lynnhaven
Borough of the City of Virginia Beach, Virginia, and known and designated as "Parcel
'C' 20.760 Acres", on that certain plat entitled "Subdivision of Property of A. STANLEY
MUNDY CO., PARCEL "B", Lynnhaven Borough, Virginia Beach, Virginia", which plat
is duly recorded in the Clerk's Office in Map Book 135, at page 47, to which reference is
made for a more particular description.
d. GPIN: 2417-41-1312
A PORTION OF THAT certain tract, piece or parcel of land situate in the Lynnhaven
Borough of the City of Virginia Beach, Virginia, and known and designated as "Parcel
1B-1', 21.840 Acres", on that certain plat entitled "Subdivision of Property of A.
STANLEY MUNDY CO., PARCEL "B", Lynnhaven Borough, Virginia Beach,
Virginia", which plat is duly recorded in the Clerk's Office in Map Book 135, at page 47,
to which reference is made for a more particular description.
AND
ALL THAT certain lot, piece of parcel of land situated in the Lynnhaven Borough,
Virginia Beach, Virginia, on the western side of South Birdneck Road (formerly Seatack
or Chatham Road) and being designated and shown as "NOW OR FORMERLY D.
6
MURRAY MALBON" on that certain plat entitled "PLAT SHOWING PROPERTY TO
BE ACQUIRDED BY THE CITY OF VIRGINIA BEACH, VIRGINIA, FROM D.
MURRAY MALBON", Scale: 1" = 100', dated July 10, 1979, prepared by the Bureau of
Surveys and mapping, Engineering Division, Department of Public Works, City of
Virginia Beach attached to that certain Deed recorded in the Clerk's Office, in Deed Book
1968, at Page 534.
7
L
o • vl o
City of Virginia Beach
s, r`
ks e
14- OUR NMI::f4
aJ�'�� \ gov.com
WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER
MAYOR BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 234565E000
(757)355-45B1
In Reply Refer to 0061929 FAX(757)385.5699
wssssomsa.52w.con,
December 5, 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 the City Council's discussion and
vote on the application of the City of Virginia Beach for a conditional change of
zoning for property located at 373 & 411 S. Birdneck Road.
2. This afternoon, I learned that the potential contract purchaser has submitted a
disclosure form which lists TowneBank as a financial services provider.
3. I have a personal interest in Towne Bank, which is located at 600 22nd Street in
Virginia Beach. Based upon the new disclosure, I understand that the contract
purchaser may be pursing financing from TowneBank. I am no longer employed
by TowneBank, and I am not personally providing services to this borrower on
behalf of TowneBank. Although I am able to participate in this transaction fairly
and in the public interest, as provided by Virginia Code Section 2.2-31150), I am
nonetheless electing to abstain from this vote.
Please record this declaration in the official records of the City Council. Thank you for
your assistance.
Mrs. Ruth Hodges Fraser -2- December 5, 2017
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Sincerely,
William D. Sessoms
Mayor
WDS/RRI
51
Item—VII-19
PLANNING ITEM#67640
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY
CONSENT, Ordinance to AMEND and REORGANIZE Appendix 1, Oceanfront Resort District Form-
Based Code, of the City Zoning Ordinance (CZO)
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of December, Two
Thousand Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
AL Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
1 AN ORDINANCE TO AMEND AND REORGANIZE
2 APPENDIX 1, OCEANFRONT RESORT DISTRICT FORM-
3 BASED CODE, OF THE CITY ZONING ORDINANCE
4 PERTAINING TO DEFINITIONS (CHAPTERS 1 AND 8);
5 FRONTAGE AND BUILDING TYPES (CHAPTER 2);
6 SETBACKS (CHAPTER 3); HEIGHT (CHAPTER 4); USES
7 (CHAPTER 5); SITE DEVELOPMENT (CHAPTER 6);
8 OPTIONAL FORMS OF DEVELOPMENT AND
9 ALTERNATIVE COMPLIANCE (CHAPTER 7); AND SIGNS
10 (CHAPTER 8)
11
12 SECTIONS AMENDED: 1.1.4, 1.2, 2.1.1, 2.1.3, 2.1.4, 2.2,
13 2.3, 2.4, 2.4.3, 2.4.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 3.1,
14 3.2, 4.1.1, 4.1.4, 4.2, 5.2, 5.3, 6.1.2, 6.1.3, 6.2.1, 6.2.2, 6.2.3,
15 6.2.4, 6.2.5, 6.2.6, 6.3, 6.5.1, 7.1.1, 7.2, 7.3.1, 7.3.2, 7.3.3,
16 8.1, 8.2, 8.3, 8.4, AND 8.5
17
18 SECTIONS DELETED: 2.1.2, 2.12, 5.3.10, 5.3.11 AND
19 5.3.12
20
21 WHEREAS, the public necessity, convenience, general welfare and good zoning
22 practice so require;
23
24 WHEREAS, the Oceanfront Resort District Form-Based Code, City Zoning
25 Ordinance, Appendix 1 has been amended and reorganized as exhibited in the attached
26 Ocean Front Resort District Form-Based Code (Revised October 2017); and
27
28 WHEREAS, the attached revisions have been vetted through meetings with
29 shareholders, Boards & Commissions, and the general public.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33
34 That the Oceanfront Resort District Form-Based Code be, and hereby is,
35 amended and reordained by:
36
37 The adoption of the Oceanfront Resort District Form-Based Code (revised
38 October2017).
Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day
of Dec em er21117
52
Item—VII-J.10
PLANNING ITEM#67641
Ken Chord, 3536 Clubhouse Road, Phone: 340-6829, spoke in OPPOSITION.
Upon motion by Councilman Davenport, seconded by Councilman Wood, City Council APPROVED,
Ordinance to ADOPT and INCORPORATE into the 2016 Comprehensive Plan the "ViBe Creative
District Connectivity Plan," and the "Oceanfront Resort District Connector Park Design Guidelines,"
and AMEND the "2017 Oceanfront Resort District Design Guidelines"
This Ordinance shall be effective in accordance with Section 107(J)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of December, Two
Thousand Seventeen.
Voting.' 9-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara
Al Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D.
Moss, John E. Uhrin and James L. Wood
Council Members Absent.
Mayor William D. Sessoms,Jr.
Rosemary Wilson
December 5, 2017
1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO
2 THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016,
3 THE "ViBe CREATIVE DISTRICT CONNECTIVITY PLAN,"
4 DATED NOVEMBER 2017; AND THE "OCEANFRONT
5 RESORT DISTRICT CONNECTOR PARK DESIGN
6 GUIDELINES," DATED NOVEMBER 2017; AND AMEND
7 THE "OCEANFRONT RESORT DISTRICT DESIGN
8 GUIDELINES," DATED NOVEMBER 2017
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 WHEREAS, the ViBe Creative District Connectivity Plan, November 2017 has
14 been written to provide guidance for roadways and trail connectivity in the ViBe District
15 and is attached as Exhibit A; and
16
17 WHEREAS, the Oceanfront Resort District Connector Park Design Guidelines,
18 November 2017 have been written to provide guidance on the use and design of the
19 city's connector parks and is attached as Exhibit B; and
20
21 WHEREAS, the Oceanfront Resort District Design Guidelines, November 2017
22 have been amended to provide greater detail and information for the oceanfront resort
23 district and is attached as Exhibit C.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the Comprehensive Plan of the City of Virginia Beach 2016 be, and hereby
29 is, amended and reordained by:
30
31 1. The adoption of the ViBe Creative District Connectivity Plan, November
32 2017 attached as Exhibit A. Such document is made a part hereof, having been
33 exhibited to the City Council and is on file in the Department of Planning; and
34
35 2 The adoption of the Oceanfront Resort District Connector Park Design
36 Guidelines, November 2017 attached as Exhibit B. Such document is made a part
37 hereof, having been exhibited to the City Council and is on file in the Department of
38 Planning; and
39
40 3. The amendment of the Oceanfront Resort District Design Guidelines,
41 November 2017 attached as Exhibit C. Such document is made a part hereof, having
42 been exhibited to the City Council and is on file in the Department of Planning.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day
of December2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
kVA .41.70A M �: - I_
Planning partment ity tto• • 's Office
J \\_/
CA14174
R-4
November 14, 2017
2
53
Item—VII-LII
PLANNING ITEM#67642
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED, BY
CONSENT, Ordinance to AMEND Sections 111 and 203 of the City Zoning Ordinance (CZO) re
definition of Municipal Oceanfront Entertainment Venue and DELETE the requirement of Ten Year
Shared Parking agreements
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of December, Two
Thousand Seventeen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and James L.
Wood
Council Members Absent:
Rosemary Wilson
December 5, 2017
1 AN ORDINANCE TO AMEND SECTIONS 111
2 AND 203 OF THE CITY ZONING
3 ORDINANCE PERTAINING TO THE
4 DEFINITION OF MUNICIPAL OCEANFRONT
5 ENTERTAINMENT VENUE AND THE
6 DELETION OF THE REQUIREMENT OF TEN
7 YEAR SHARED PARKING AGREEMENTS
8
9 Sections Amended: §§ 111 and 203 of the City
10 Zoning Ordinance
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Sections 111 and 203 of the City Zoning Ordinance is hereby amended and
19 reordained to read as follows:
20
21 ARTICLE 1. - GENERAL PROVISIONS
22
23
24
25 Sec. 111. - Definitions.
26
27
28
29 Municipal oceanfront entertainment venue. An establishment located in the
30 Oceanfront Resort District on property owned or leased by the municipality, and the
31 principal use of which is to provide entertainment to the public consisting of live theatre
32 presentations, concerts, and similar activities. A municipal oceanfront entertainment
33 venue must meet the requirements of section 218.
34
35
36
37 ARTICLE 2. - GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
38 ALL DISTRICTS
39
40
41
42 Sec. 203. - Off-street parking requirements.
43
44
45
46 (b) General standards. The following requirements shall apply to all off-street parking
47 spaces:
48
49
50
51 (10)Parking, including for bicycles, may be shared among two (2) or more uses that
52 typically experience peak parking demands at different times and are located on
53 the same parcel or on separate parcels at a distance no greater than five
54 hundred (500) feet.
55
56 (i) For two (2) or more uses on the same parcel, or zoning lot the total number
57 of minimum required spaces may be reduced by the use of shared parking.
58 To qualify for shared parking, a current parking study shall be submitted to
59 the zoning administrator, who shall determine the final shared parking ratio.
60 A ton (10) year shared parking agreement shall be continually maintained
61 on the parcel or zoning lot in a form approved by the city attorney and a
62 shined copy shall be renerded ' • . - - - • - -- - - maintained
63 with the zoning administrator;
64
65 (ii) For two (2) or more uses on separate parcels within five hundred (500) feet
66 of the main pedestrian entry to a building, the total number of required
67 spaces may be reduced by the use of shared parking. To qualify for shared
68 parking, a current parking study shall be submitted to the zoning
69 administrator, who shall determine the final shared parking ratio under the
70 following conditions:
71
72 (a) A ton (10) y ar shared parking agreement shall be continually
73 maintained on the parcels in a form approved by the city attorney and a
74 signed copy shall be - .. - -- - • - . - - • - . . -- •
-
75 maintained with the zoning administrator, which shall maintain the
76 designated number of parking spaces; and
77
78
Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day
of December 2017.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
a A1.4 i_ . - .__ c t > +L�� oci
Planning Dep :rtment City Attorney's Office
CA14173
R-4
October 24, 2017
54
ITEM VH-K
APPOINTMENTS ITEM#67643
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BEACHES and WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
SENIOR SERVICES OF SOUTHEASTERN VIRGINIA
STORMWATER APPEALS BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
December 5, 2017
55
ITEM VH-IC
APPOINTMENTS ITEM#67644
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
MOLLY TRASK
CAMERON RANDLE
Three year term 01/01/2018-12/31/2020
and
REAPPOINTED:
LINDA BRIGHT
JOYCE HARVEY
ALLAN MARSDEN
Three year term 01/01/2018— 12/31/2020
COMMUNITY SERVICES BOARD
Voting: 9-0
Council Members Voting Aye.
Jessica P. Abbott, Al. Benjamin Davenport, Robert Al. Dyer, Barbara
M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D.
Moss, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
December 5, 2017
56
ITEM VII-K
APPOINTMENTS ITEM#67645
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
SHANNON DS KANE
JEFF AINSLIE
One year term 01/01/2018— 12/31/2018
and
REAPPOINTED:
BRYAN CUFFEE
DORCAS HELFANT-BROWNING
One year term 01/01/2018-12/31/2018
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
December 5, 2017
57
ITEM VII-K
APPOINTMENTS ITEM#67646
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
CAPTAIN LOUIS J.SCHAGER
Unexpired term thru 02/28/2020
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
(MEDAC)
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara
M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
December 5, 2017
58
ITEM VII-K
APPOINTMENTS ITEM#67647
Upon NOMINATION by Councilman Wood, City Council REAPPOINTED:
DAVID WEINER—Kempsvi ie District
Four year term 01/01/2018-12/31/2021
PLANNING COMMISSION
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
December 5, 2017
59
ITEM VII-K
APPOINTMENTS ITEM#67648
Upon NOMINATION by Councilman Wood, City Council APPOINTED:
RONALD J. VILLANUEVA
Three year term 01/01/2018-12/31/2020
and
REAPPOINTED:
BRYAN CUFFEE
LAURA HABR
RANDY THOMPSON
Three year term 01/01/2018-12/31/2020
RESORT ADVISORY COMMISSION
Voting: 9-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara
M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D.
Moss,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
December 5, 2017
60
Item-VII-O
ADJOURNMENT ITEM#67649
Mayor William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 7:36 P.M.
K e60-
Amanda Finley-Barnes, MM
Chief Deputy City Clerk
t J.
Rua Hodges Fraser, MMC William D. Sessoms,Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
December 5, 2017
61
Open Dialogue
John Morgan, did not respond.
William Bailey, 211 24th Street, Phone: 288-5761, advised the Virginia Beach Professional Firefighters
recognize City Clerk, Ruth Fraser, with an Honorary Lifetime Membership. She will be presented a
plaque in the near future. Mr. Bailey offered his congratulations on her upcoming retirement and stated
she is only the 7ib individual to be recognized as a Lifetime Member.
Stephanie Sterner, did not respond
Aidan O'Dell, 1153 Las Crocus Drive, Phone: 601-301-1889, spoke regarding the At Large Election
System in the City
Barbara Messner expressed her disappointment in City Council
December 5, 2017