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8-21-2018 MINUTES • eF 6ao`s � .. orr :s ,E °s own Nano VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 21, 2018 Mayor Louis R. Jones called to order the CITY COUNCIL BRIEFING, in the City Council Conference Room, Tuesday,August 21, 2018, at 2:30 P.M. Council Members Present: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin Out of town—family Vacation 2 CITY MANAGER'S BRIEFINGS DIGITAL ASSIST APPLICATION ITEM#68395 2:33 P.M. Mayor Jones welcomed Peter Wallace, Director — Information Technology and Julie Hill, Director — Communications. Mr. Wallace expressed his appreciation to the City Council for their continued support: VB Connect Digital Assistant Demo Informational Briefing Virginia Beach City Council August 21, 2018 Here is an Overview of Digital Assistant: What is Digital Assistant? • An application • Understands natural language • voice commands • Completes tasks for a user 0 • Provides more and better access to information, especially useful for people with visual or motor impairments August 21, 2018 3 CITY MANAGER'S BRIEFINGS DIGITAL ASSIST APPLICATION ITEM#68395 (Continued) Here are the three(3)major platforms compatible with Digital Assistant: What k a Digital Assistant? • Three major platforms: 111•, • Alexa • • Google Assistant • Siri • Smart devices0 Here are the recent statistics for voice assistants: U.S.Smart Speaker Market Share-May 2018 5.8 TECH 1 CHART OF THE DAV Market share of voice assistants in the US,May 2018 a.Ex an Voysis I 132% 1111 Mg.:M If Acle O.* Iatarn Somali 14.4•411 Cnber �_ P August 21, 2018 4 CITY MANAGER'S BRIEFINGS DIGITAL ASSIST APPLICATION ITEM#68395 (Continued) VB Connect is the current portal used for mobile content for the City: VB Connect • City news, public meetings, property information Ale now on • Voting precincts, City and other Alexa and elected officials Google Assistant • Job listings, City information, platforms events, and attractions • Park and recreation center hours A video demonstration of the next level of VB Connect was presented: VB Com kct, Demo August 21, 2018 5 CITY MANAGER'S BRIEFINGS DIGITAL ASSIST APPLICATION ITEM#68395 (Continued) Here are the Strategy and Tactics of VB Connect: Strategy and Tactics •Existing resources •Provide ongoing support through promotional campaign to grow usage • Jumpstart introduction, capitalize on new features, additions to enhance customer experience POST ( lo CHECKLIST Ask. ASK. R.RENR,TEXT BOOKS WRiME DIPLOMA Find. VPP4TE RESpME FIND. Q FIND JOR Go. APPLY. pee Fkas. Learn. Relax. Meet. Volunteer. VBCOnr Ct Pay. Your Smart City Lnti Locate. August 21, 2018 6 CITY MANAGER'S BRIEFINGS DIGITAL ASSIST APPLICATION ITEM#68395 (Continued) VB Connect Digital Assistant Demo Informational Briefing Virginia Beach City Council August 21, 2018 Mayor Jones expressed his appreciation to Mr. Wallace and Mrs. Hill for the informative demonstration and presentation. August 21, 2018 7 CITY MANAGER'S BRIEFINGS FARMERS MARKET PROJECT ITEM#68396 2:56 P.M. Mayor Jones welcomed David Trimmer, Director—Agriculture. Mr. Trimmer expressed his appreciation to the City Council for their continued support: CITY COUNCIL BRIEFING AUGUST 21, 2018 ,r _r4T . FARMERS MARKET PROJECT - ELECTRICAL UPGRADE David E.Trimmer,Director -',f 1 f Department of Agriculture _.... Ps. J tri Here is the Farmers Market Request For Electrical Upgrade. This upgrade will provide opportunity to fully utilize, improve and develop Farmers Market: FARMERS MARKET REQUEST FOR ELECTRICAL 4 UPGRADE � a • i Scope of Project is to ♦�f r upgrade electrical v`• p on from lawn fi Will provide opportunity to fully utilize,improve and develop Farmers Market it August 21, 2018 8 CITY MANAGER'S BRIEFINGS FARMERS MARKET PROJECT ITEM#68396 (Continued) Electrical upgrades will allow for the addition of a portable Ice Skating Rink: FARMERS MARKET ' tELECTRICAL ',... UPGRADE �, ,_ • • • Improvement will • enable the addition • of winter season events and growth of revenue .;1; ionommem 1 • Addition of Ice Cwr . ,. Skating Rink-will increase patronage • and ideal family ``j attraction et Ai • Safety measure to eliminate use of gas generators I "`. t The Request for Funding is$167,667 with the estimated annual increase in revenue of.approximately $20,000: REQUEST FOR FUNDING IS 167,661 FUNDING SOURCE IS AVAILABLE litt RECOMMENDED BY : PUBLIC WORKS - FACILITIES T MANAGEMENT ii tr.;10NEXT SLIDES FROM FACILITIES �� , MANAGEMENT REGARDING FUNDING l‘i \ I : , SOURCE . 4.0. Improvement for a highly visible area used for various events: Carnival in the spring and fall,Food Truck Rodeo,Live Entertainment,Christmas tree sales and with requested funding-addition of Ice Skating Rink and future holiday theme events- August 21, 2018 9 CITY MANAGER'S BRIEFINGS FARMERS MARKET PROJECT ITEM#68396 (Continued) Here is an Overview of the Scope of Electrical Upgrades. cope of Electrical Upgrades • Installation of a new Power Distribution Cabinet • Dominion Energy furnished meter and CT cabinet • Concrete Pad • 1000A-480V Main Circuit Breaker with Safeside contacts • 1000A-480V Main Lug Panel • 112.5KVA Nema 3R Transformer • 400A-208V MCB Panel • 400A Camlock connection cabinets with safety interlocks • PVC conduit stub-out for utility feeders • Total Funding Required: $167,667 Here is the Potential Funding Source: ENTIAL FUNDING SOURCE 3-503 Housing Resource Center fir ' • Construction Substantially Complete • Temporary Certificate of Occupancy issued 03 3-503 Housing Resource Center Capital Project Total(FY 2018 CP) $24,857,454 Current Funds Available $1,775,166 CionstructlonlFF&E and Contingency required to $1,358,000 complete Potential Funds that can currently be redirected $417,166 August 21, 2018 10 CITY MANAGER'S BRIEFINGS FARMERS MARKET PROJECT ITEM#68396 (Continued) Here is the Recommendation: COMMENDATION Transfer$167,166 in available funding from CIP 3-503 Housing Resource Center to CIP 3-149 Various Buildings Rehabilitation and Renewal IV - sem` • QUESTIONS? ` � � r =� lit Mayor Jones Mayor Jones expressed his appreciation to Mr. Trimmer for the presentation. August 21, 2018 11 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES AUDIO VISUAL UPDATE ITEM#68397 3:14 P.M. Mayor Jones welcomed Chief Edward Brazle—Emergency Medical Services. Chief Brazle expressed his appreciation to the City Council for their continued support: EMS Building Audio Visual Project or E""`°� 4.iEMS Chief Ed Brazle August 21, 2018 Here is an Overview of the EMS Building Functions: EMS Building Functions • EMS Department Headquarters • Permanent ECCS classroom • Centralized recruitment, administration, training and retention of volunteer rescue • Alternate EOC and squad members Emergency Communications Center capability • Centralized location for emergency medical training for all City agencies August 21, 2018 12 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES AUDIO VISUAL UPDATE ITEM#68397 (Continued) EMS training is held in the evening, allowing the building to be used during the day for six (6)different departments and nearly 1,000 employees and guests: Additional Utilization '"' • Hosted classes and meetings attended by nearly 1000 City employees and guests `r , r • Human Services A • Housing ' —s► • Libraries • Public Works • Health Department • Hospital Teams Here are the Outcomes: Outcomes • Memorable first impression for new volunteers • Easier access to services for volunteer rescue squad members • A"home" of their own for EMS staff and volunteers • Increased number of class offerings • Improved teamwork via joint training All of which translates into enhanced morale and member retention! August 21, 2018 13 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES AUDIO VISUAL UPDATE ITEM#68397 (Continued) Here is an Overview of the Current Capability: Current Capability • Visuals provided using i Llp —,_.• conventional TVs connected to a computer • Limited teleconference capability—no video conference system • No smart board capability e Nig • Minimal technology to support afore alternate EOC function - Here are the Desired Enhancements that would improve the back-up Emergency Operations Center, Distance Learning and instructional capabilities: Desired Enhancements • Multi-input video wall system for conference room • Laser projectors with larger display screens for both large classrooms • Connectivity for multiple media sources(i.e. DVD, Blu-ray,USB) • Instructor microphones • State-of-the-art video conferencing • Classroom connectivity • Mobile electronic white boards August 21, 2018 14 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES AUDIO VISUAL UPDATE ITEM#68397 (Continued) Here is an Overview of the Potential Funding Source: PotentialgFsun1leing Source f � ` L II Ewe I • Construction Substantially Complete =. • Temporary Certificate of Occupancy issued 03 AUG 2018 3-503 Hou= Capital Project Total(FY 2018 CIP) $24.857,454 Current Funds Available $1,775,166 Construction/FF&E and Contingency required to complete $1,358,000 Potential Funds that can currently be redirected $417,166 Here are the Recommendations: Recommendations 1. Establish new Capital Project 3-163 (EMS Headquarters Audio Visual Upgrades) 2. Transfer $250,000 from CIP 3-503 (Housing Resource Center) to support the new project August 21, 2018 15 CITY MANAGER'S BRIEFINGS EMERGENCY MEDICAL SERVICES AUDIO VISUAL UPDATE ITEM#68397 (Continued) Questions? f �' r _ --�►��;.ter 1 - 1 • 0 BEACB*EMS Mayor Jones expressed his appreciation to Chief Brazle for the presentation. August 21, 2018 16 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT(SSD) PETITION REQUESTS FOR SCHILLING POINT, SEA BREEZE COVE AND DIX CREEK H ITEM#68398 3:28 P. M. Mayor Jones welcomed Daniel Adams, Coastal Engineer — Public Works. Mr. Adams expressed his appreciation to the City Council for their continued support: Neighborhood Dredging SSD Petition Requests City Council Information Schilling Point ; Sea Breeze Cove Dix Creek I i August 21, 2018 Here is a map of the Neighborhood SSD Program Status: Neighborhood SSD Paogram Sta s (42 Projects A�f o2/2o/2o18) �� -�ETRANSFEY 1 ISLAM ANEJ R..11,111,AM \ ll s'''''A ' tFxlRollc GLH .OD ii Y E [CREEK VAST rl COYE� I. L-'E IOAD(RRAY j EK11 NOtlLCOVE {I' EFA MUSE E CRE Wrt''' 1 vr"E COV _ F�R[VERNVENJ w1ttNDUCK POINT �I(OLD SNELL P°""1 Vn_NOOCK Iii\ `—....-_.. �wrvc-0-111E ... \* v[ RORINNOOD f�TCOVF J—~ _Y le EORESFD • . \ H C VE-I,O —�rv1 �£':EK1P1"1 oui,NIII. Ory n lYr 9l L p""rn..3: ' I LVNNNAVEN I TEZET'EMDfdj —_- ' JJ11 OYES II 0.EDTATIO3F�R PE.F.RD KED{/ STATION cRFi�sb�Rc.n�t EMI D!ARIAM i - - LRPnd- I WXEIENURST y�wLSOEOI] .- D.Npq k.ed 1.1 1 DEMA -y TNMMT ANSEER Z.:,=',:7, 7--r dle P..eN ._. RTAT[ON bhe e PAr.fl O 41.1 L_.__: E...lyl MIII bKInterest N� Achieved D1 .. .rtrens,.Staios..+nn August 21, 2018 17 CITYMANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT(SSD) PETITION REQUESTS FOR SCHILLING POINT, SEA BREEZE COVE AND DIX CREEK H ITEM#68398 (Continued) Here is an Overview of the forty-two (42)Neighborhoods In Play: Neighborhoods ill r iay Island Lane Channel Points Lane Greensboro AvenueNMI Old Shell Owls Creek _ Pembroke Manor "4"."-r Lynnhaven Acres '4 Brock CoveCedar Lane Buchanan Creek West Broad Bay 3; Schilling Point Little Haven Cove Sea Breeze Cove od Dix Creek ll 1 y Cove °'- Thoroughgood Cove& Witchduck Cove Dredging Completed(4) Bayville Creek West Witchduck • SSD Ordinance Established in Hebden Cove Sandy Point Permit Application Phase(3) Witchduck Bay Robin Hood For Petition Phase(z) Witchduck Point Oyster Bluff i �'pe Requesting Petition(3) Winthrope Coveort. PetitiCreek Interest Phase(24) the Neck Cove Thoroughgood Cove MN. so%Interest Not Achieved(6) -'Brown Cove Baycliff asumni River Haven Forest Here is an Overview of Schilling Point with eleven(11)potential participants: Schilling Point / Petition Request i. • ii Potential Participants - • Held ommunityBriefingonOctober Ab4 1 ,201• Total SSD FY18 assessed value:89,833,100 - filiablis • Total SSD neighborhood channel -- -V dredging cost:8593,400 - zc • SSD rate covers costs forth year life: e`c 17.7c/Sioo of the FY18 assessed value .1.4` 5o%interest in moving to petition ; phase No known oyster lease consent requirements August 21, 2018 18 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT(SSD) PETITION REQUESTS FOR SCHILLING POINT, SEA BREEZE COVE AND DIX CREEK H ITEM#68398 (Continued) Here is an Overview of Sea Breeze Cove with five (5)potential participants: Sea Breeze Cove Petition Request • 5 Potential Participants • Held Community Briefing on January 25, tin 20,8 • Total SSD FYi8 assessed value:® ` fie" 54,590.500 _ • Total SSD neighborhood channel � �/, dredging cost:$292,905 ,�tt'v I .� v� 0 • SSD rate covers costs for 16 year life: ro ®e Ne , 39 9c1ioo of the FY17 assessed value ©``A.k�OQ • 5o%interest in moving to petition phase ,�� , .41r il&'• liAltirjbla- There are potentially six(6) Oyster Leases this project with transect across: Neighborhood Chanrlol DrOdging Oyster Leases as of January 8, 2018 6 • City and SSD channel will transect across potentially 6 oyster leases. • Oyster lease consent agreements 5 will need to be acquired in order e.= t to dredge. •$ , LEGEND: - `, 3 I 1 Commercial or Riparian Oyster lease Areas t CI 2 Proposed City Spur ' fil. y, Channel :, Proposed SSD Channel }- ti—. - /F .4 re i. t n LeaKMaApe August 21, 2018 19 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT(SSD) PETITION REQUESTS FOR SCHILLING POINT, SEA BREEZE COVE AND DIX CREEK H ITEM#68398 (Continued) Here is the Background of Dix Creek: Dix Creek + BACKGROUND E_, • Previous attempt to petition in May ao16,44 properties(SSD rate= ,enA1�00 5o.o¢/sloo of the assessed value) • 54.86%of petitions returned,did not p d''',40,440- a'�a004o meet minimum 8o%threshold for re►p•1 ialib JIM adoption , • f q►- , ../4„.„,,,i -IT-001.4.� o�0OW dailOP'o ff, pit�Ooa~o�� `::11-4:1+ - ,:gi <h rizzl iris: �OOP- 11 :�►►a i,►�= i.tog 00,44 ,2,1 4%.•at ■ 4.0 *it �feI tiffif tit Wim::ser pbkw ara._M,rY.rwr•yglrmu•►M e Here is an Overview of Dix Creek II with reduction to eighty-four(84)potential participants: • Dix L + Petition Request LYNNHAVEN BAY • Community requested another petition attempt based on revised neighborhood boundaries 00 O • 84 Potential Participants $(.4 !0 • Held Community Briefing on July u,2017 q / • Total SSD FYi7 assessed value:$67,607,600 •pa' Qle V,..P • Total SSD neighborhood channel dredging tvArar00a0 cost:$468;,561 et/ /— VIT O • SSD rate covers costs for i6 year life: e0'a 00 q;,,x/$soo of the FY�7 assessed value SIAM", \ .. • 5o%interest in moving to petition phase p 0 0' i / • Co , \/ / i i i g e - Dsc++�V+er•e•drove.dwnfl 4 , Si row.Paniamm August 21, 2018 20 CITY MANAGER'S BRIEFINGS NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICT(SSD) PETITION REQUESTS FOR SCHILLING POINT, SEA BREEZE COVE AND DIX CREEK H ITEM#68398 (Continued) There are potentially nine(9) Oyster Leases this project will transect across: Neighborhood Channel Dredging Oyster Leases as of February 6th, 2oi8 • City and SSD channel will transect ./j /// ti- across potentially 9 oyster leases. 4 I- 2 • Oyster lease consent agreements will „ - „t,E„ need to be acquired in order to ",`, dredge. LEGEND: # • � Commercial or Riparian -, , Oyster Lease Areas I\ • Proposed City Spur ”V,Channel ?._ 1 .' . Proposed nagr„f.�,�erltro,cWRC Oyster '- Neighborhood Dredging SSD Program Council Update Comments and Questions Mayor Jones expressed his appreciation to Mr. Adams for the presentation. August 21, 2018 21 CITY COUNCIL BRIEFING SHORT TERM RENTAL DISCUSSION ITEM#68399 3:48 P. M. Mayor Jones opened the Short Term Rental Discussion and provided a letter from City Attorney, Mark Stiles, dated August 10, 2018, which is attached hereto and made a part of the record. August 21, 2018 S4G11.11A$ cam 4 r. City of Virginia B each ;- `rr 4i99�s 0E6 Op SOUR N8 VBgov.co1n MARK D.STILES MUNICIPAL CENTER,BUILDING 1 CITY ATTORNEY 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9004 (757)385-4531 FAX(757)385-5687 TTY: 711 August 10, 2018 Mayor Louis R. Jones Members of City Council Municipal Center 2401 Courthouse Drive Virginia Beach, VA 23456 Re: Short Term Rentals Dear Mayor Jones and Councilmembers: This letter summarizes the cumulative results of the council discussion to date on the crafting of a new draft of a Short Term Rental ("STR") Ordinance. As with my prior letters, the guidance provided at the most recent meeting (August 7) is underlined and italicized for your ease of reference and a potentially incomplete list of items remaining for discussion/direction are identified at the end. Direction Given to Date: • Home sharing will be a principal ("by right") use throughout the City conditioned only upon registration with the Commissioner of the Revenue (COR) and payment of applicable Transient Occupancy Taxes (TOT). • Short term rentals will be a principal use only in designated overlay or zoning districts. Outside of those districts, a STR will require a Conditional Use Permit ("CUP"). o Note: The City must permit short term rentals as a principal/by right use in the area defined by the Sandbridge SSD boundary pursuant to legislation enacted by the General Assembly earlier this year. • All CUP's would include an expiration date that is two years from the date of adoption. The process for renewal of the CUP will be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing Mayor Louis R. Jones Members of City Council Short Term Rentals August 10, 2018 Page 2of4 prior to the renewal of any CUP for an STR, where the STR has been the subject of neighborhood complaints or code violations. • Grandfathering: All existing Home Shares and STR's (as evidenced by registration with the COR and payment of applicable TOT) will be allowed to continue. o The date for determining when a property has qualified for grandfathering will be July 1, 2018. o Any future alteration (or cumulative alterations) that expand the overall square footage of the residential structure utilized as an STR by more than 25% or 1,000 square feet, whichever is less, would terminate the grandfathered status. o The grandfathered status shall run with the land but shall expire if the property is not registered for STR use or has not paid transient occupancy taxes for more than two consecutive years. Regulations • Consistent with the text of Virginia Code §15.2-983(D)the regulations applicable to STR's arise under the City's general land use and zoning authority and will be contained in the City Zoning Ordinance. • All STRs shall be required to post summaries of applicable City regulations inside the dwelling. • All STRs shall be required to provide evidence of $1,000,000 of insurance coverage applicable to the STR activity at the time of registration and upon renewal. • The ordinance will prohibit STRs from having amplified noise between 10:00 p.m. and 10:00 a.m. • The ordinance will require that all trash be placed in automated bins and will authorize private Saturday pick-up in Sandbridge. Council may also authorize private hauler pickup in other areas if and when additional overlays are created. • The ordinance will require that a point of contact be identified who can respond to the STR within 30 minutes. Such response does not necessarily require travel to the STR location. • The ordinance shall provide that a Special Events permit must be obtained for any event with an attendance of over 50 people and with a maximum attendance of 100, with a limit of 3 permits per property per year. • Each STR may display a sign of up to 4 square feet in size. Architecture signs naming the structure are excluded from this limitation. Mayor Louis R. Jones Members of City Council Short Term Rentals August 10, 2018 Page 3 of 4 • To the extent permissible under state law, the ordinance shall require interconnected smoke detectors (such detectors may be wireless), a fire extinguisher and, where natural gas service is present, carbon monoxide detectors be installed in each STR. • Each STR must register with the Commissioner of the Revenue and the collection and payment of all applicable Transient Occupancy Taxes is required. Initial Overlays. No overlay districts(other than in Sandbridqe) will be created at the time of the enactment of the STR ordinance. Future Overlays The STR ordinance will define a process for City Council consideration of future STR overlay districts. Some of the elements of the process are as follows: • The process for consideration of an STR overlay district will be initiated by a citizen petition containing the signature of at least fifty owners of property within the proposed overlay. • Upon receipt of a qualifying petition, City Council would convene a public hearing, preferably in or near the area of the proposed overlay. The City will provide mailed notice of the public hearing to the record owner of each property within the proposed overlay. Note: This public hearing would constitute a special meeting as defined by the Freedom of Information Act and would have to be called and publicized as such and would be open to the public generally. • After the public hearing is conducted, the City Council would consider at a future regularly scheduled meeting whether to adopt a resolution referring a zoning ordinance amendment creating the proposed overlay to the Planning Commission. If the resolution is adopted, the traditional planning and zoning regulations and processes applicable to any proposed zoning amendment would apply. • The ultimate decision to approve an STR overlay district will always remain with the City Council and completion of one or more of the steps in the process would not require the ultimate approval of the overlay district by the City Council. Mayor Louis R. Jones Members of City Council Short Term Rentals August 10, 2018 Page 4 of 4 Issues Still to be Addressed: • What should be the maximum occupancy of the STR? o 2 per bedroom +2 or 3 per bedroom +2 or other(including consideration of size of structure/bedroom) • What should be the permissible number of rental contracts per consecutive 7 day period? o No limit or 1 or 2 or multi-family (2) vs. single family (1) distinction or limitation on number of rental nights per year • What parking requirements should be imposed? o Must all guests be able to park onsite or is off-site parking permitted? o Is any onsite parking requirement based on number of bedrooms or the overall size of the STR or some other factor? o Should the operator be required to submit to the City a parking plan? Please contact me if I can provide additional information or assist you in any way. Sincerely, Mark D. Stiles City Attorney MDS/ble cc: David L. Hansen, City Manager Barry Frankenfield, Planning Kevin Kemp, Planning 22 CITY COUNCIL COMMENTS ITEM#68400 4:47 P.M. Councilman Moss advised the Maritime Industry is one of the biggest industries in the Region and is suffering due to hiring shortages of skilled workers. Councilman Moss proposed an initiative for Regional, State and Department of Defense funding to build a facility that would provide both classroom and simulation training for new students, and re-certification for those in the Maritime Industry. The industry continues to grow and must have qualified people to hire. August 21, 2018 23 CITY COUNCIL COMMENTS ITEM#68401 (Continued) Councilman Dyer requested an update on the TCC/Hotel project from Dave Hansen, City Manager. Mr. Hansen advised the Request for Proposal(RFP) went out but an agreement on the number of rooms and the request for additional financial support for utilities was unsuccessful. The negotiations have discontinued and he is currently searching within the open market. Councilman Dyer feels there is miscommunication and would like to meet with Mr. Hansen and possibly broker a meeting with the principals. August 21, 2018 24 CITY COUNCIL COMMENTS ITEM#68402 (Continued) Council Lady Kane advised Opportunity Inc., will have a strategic planning meeting next Thursday and they are doing great things for workforce development in the region and municipalities. She supported Councilman Moss's initiative to help provide training for the Maritime industry and emphasized there are hundreds of jobs at the Newport News Shipbuilding but the applicants lack the necessary math skills to pass the testing. August 21, 2018 25 CITY COUNCIL COMMENTS ITEM#68403 (Continued) Council Lady Kane attended a Legislative Breakfast yesterday morning led by Dannette Smith, Director— Human Services, and expressed what a fabulous job she did. Dr. Carey—Secretary of Health and Human Resources from Richmond praised all the work the City has done this year. Specifically, how the City has already tackled issues identified and tasked municipalities throughout the state to work on this year. Mrs. Kane expressed "kudos"to Ms. Smith and her team. August 21, 2018 26 CITY COUNCIL COMMENTS ITEM#68404 (Continued) Council Lady Henley asked if the land designated for the TCC/Hotel project can be rezoned for a hotel now. Mr. Hansen stated that it can and how beneficial it would be to have that land zoned so that conditions can be specified. Mr. Hansen emphasized the value of the land as being the only place in the area to build a hotel because AICUZ consumes the other remaining property. August 21, 2018 27 CITY COUNCIL COMMENTS ITEM#68405 (Continued) Council Lady Henley advised the second Sea Level Rise Summer Symposium will be held tomorrow, August 22, 2018, 6-8 P.M, at the Advanced Technology Center. There will be two speakers;Brian van Eerden from The Nature Conservancy will speak about the state of the forest and the effect offlooding and Chad Boyce from the Virginia Department of Game &Inland Fisheries will speak about his work to get submerged aquatic vegetation returned to Back Bay and help stabilize the water. August 21, 2018 28 AGENDA REVIEW SESSION ITEM#68406 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE Excess City Property with Restrictive Easements in the Interfacility Traffic Area (ITA) and AUTHORIZE the City Manager to sell same to the United States of America: a. 3597 Indian River Road b. 2876 Indian River Road c. 2287 Landstown Road 2. Ordinance to AUTHORIZE the acquisition of property in fee simple re Cardinal Estates Pump Station #550 and Sanitary Sewer Relocation Project by agreement or condemnation 3. Ordinance to EXTEND the date to satisfy conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Bluegill Inlet at 2797 Sandpiper Road re construct and maintain a dock 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA)for the contribution of funds to the Department of the Army re Rudee Inlet Additional Work 6. Resolution to AUTHORIZE Design Approval re Laskin Road Phase I-A and Laskin Road Bridge Replacement 7. Ordinance to ESTABLISH Capital Improvement Program (CIP) re EMS Headquarters Audio Visual Upgrades and TRANSFER$250,000 from the Housing Resource Center CIP 8. Ordinance to TRANSFER $167,166 from the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market 9. Ordinance to ACCEPT and APPROPRIATE $23,790 from the FY2018-2019 Supreme Court of Virginia Drug Treatment Court Docket Grant to the FY2017-2018 Commonwealth Attorney's Operating Budget re care for VBADTC participants and AUTHORIZE an In-Kind Grant Match ITEM#7 WILL BE DEFERRED TO SEPTEMBER 4, 2018 ITEM#8 WILL BE DEFERRED TO SEPTEMBER 4, 2018 August 21, 2018 29 AGENDA REVIEW SESSION ITEM#68406 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K PLANNING 1. VISION, INC.!BEATRICE R. SMALL for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 5558 Daniel Smith Road DISTRICT 2—KEMPSVILLE 2. GREENWAY TOWING,LLC, TM ARISTOCRAT TOWING/800 BLOCK PROPERTIES, LC for Modification of Proffers and Conditions re bulk storage yard at 1608 Washington Avenue (Approved on August 14, 2001, and Modified on May 8, 2012) DISTRICT 6 — BEACH 3. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 2021 Lynnhaven Parkway DISTRICT 3—ROSE HALL 4. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 657 Phoenix Drive DISTRICT 6—BEACH 5. WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 546 First Colonial Road DISTRICT 6—BEACH 6. WAL-MART REAL ESTATE BUSINESS TRUST/LAKE GEM II, LLC for a Conditional Use Permit re bulk storage yard at 1149 & 1169 Nimmo Parkway DISTRICT 7 — PRINCESS ANNE 7. RONALD F. GIESIN, JR.,/DOWNS PROPERTIES,INC.,for a Conditional Use Permit re motor vehicle rentals at 519 North Witchduck Road DISTRICT 4—BAYSIDE 8. LYNNHAVEN AREA PROPERTIES,LLC for a Conditional Use Permit re car wash and automotive repair establishment at the northwest corner of Laskin Road and Regency Drive DISTRICT 6—BEACH 9. Ordinance to AMEND Section 104 of the City Zoning Ordinance(CZO)re maximum and minimum misdemeanor fines for violations AN AMENDED VERSION OF ITEM#3 WILL BE CONSIDERED COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3 AN AMENDED VERSION OF ITEM#4 WILL BE CONSIDERED COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 ITEM#5 WILL BE CONSIDERED SEPARATELY AN AMENDED VERSION OF ITEM#6 WILL BE CONSIDERED COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6 COUNCIL LADY WILSON FILED A DISCLOSURE LETTER FOR ITEM#8 August 21, 2018 30 ITEM#68407 Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District 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 an open meeting would adversely affect the negotiating or litigating posture of the public body; and 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). • Mid Atlantic Arena v. City of Virginia Beach • Estate of India Kager v. Ferreira, et al. PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the 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) • Norfolk Water Contract PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees August 21, 2018 31 ITEM#68407 (Continued) Upon motion by, Councilman Dyer seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 5:02 P.M. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin Closed Session 5:02 P.M. - 5:59 P.M. Mayor Jones RECESSED from the CLOSED SESSION to proceed into the Formal Session. City Council will RECONVENE the CLOSED SESSION at the conclusion of the Formal Session. August 21, 2018 32 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 21, 2018 6:00 P.M. Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,August 21, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin Out of town—family Vacation INVOCATION: Reverend Marlin Sharp Pastor, Landstown Community Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), whose Oceanfront Office is located at 303 34`x' Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. August 21, 2018 33 Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. August 21, 2018 34 Item— VI-F MINUTES ITEM#68408 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of August 7, 2018 and the SPECIAL FORMAL SESSION of August 14, 2018 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin *COUNCIL LADY KANE VERBALLY ABSTAINED ON THE AUGUST 7, 2018 MINUTES AS SHE WAS OUT OF TOWN AND DID NOT ATTEND THAT MEETING MAKING THE VOTE 8-0 August 21, 2018 35 ADOPT AGENDA FOR FORMAL SESSION ITEM#68409 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 21, 2018 36 Item—VI-H.1 MAYOR'S PRESENTATIONS ITEM#68410 PRESENTATION OF KING NEPTUNE XLV,DAVID BURTON and HIS COURT Nancy Creech, President and CEO-Neptune Festival Kit Chope, Neptune Celebration Chair Mayor Jones welcomed Celebration Chairman Kit Chope. Mr. Chope expressed appreciation, on behalf of the Neptune Festival Organization,for the support the City continues to provide. The Neptune Festival Organization is comprised of over 1,000 Volunteers. The Festival is the Official Celebration of the City; it is one of the top festivals in the Country and one of the top ten (10)festivals on the East Coast. The Neptune Festival was established forty-five (45)years ago, as a means of extending the "Resort Season" by providing a celebration to its citizens. The Neptune Festival has evolved into an organization that is now involved with virtually every major charitable organization in the City. Mr. Chope presented KING NEPTUNE XLV and HIS COURT: 2018 ROYAL COURT KING NEPTUNE XLIV DAVID BURTON Partner, WILLIAMS MULLEN LAW GROUP and his wife,Lady Anne TRITONS James Church David Clower,Sr. Akhil Jain George MacDonald George Melnyk,Jr. James Noel,III Victor Philleo Stephen Sager PRINCESSES Brianna Arluk Georgia Barefoot Elizabeth Collins Sydney Doyon Elena Duncan Gariella Gianascoli Virginia Hobbs Emily Marks Lauren Matacunas Ireland Miller Madison Thomas Christine Underwood Katherine Vittone August 21, 2018 37 Item—VI-H.1 MAYOR'S PRESENTATIONS ITEM#68410 (Continued) Mayor Jones welcomed the Royal Court. King Burton thanked the Mayor and City Council for their recognition and stated it is a pleasure to be Neptune Forty-Five and to lead this group. This is a wonderful group who are very proud and committed to being good ambassadors of Virginia Beach. The Festival has one mission, "to represent the City of Virginia Beach and welcome the `hundreds of thousands of locals, vacationers and business leaders, who will fill our hotels, eat in our restaurants, shop in our stores and enjoy our beach and hospitality during the summer-long celebration of our City. " The Festival hosts a "World Class" Sand Sculpting competition each year which helps make the City the "Greatest City in the World" and none of it would be possible without the leadership and support of the City. Mayor Jones wished King Burton great success during his reign and thanked everyone for their representation. Mayor Jones expressed appreciation to the Members of the Neptune Festival. The Mayor and City Council are extremely proud of their accomplishments, applaud their efforts and is confident they will help keep the Festival alive and strong for many years to come. August 21, 2018 38 Item—VI-H.2 MAYOR'S PRESENTATIONS ITEM#68411 VIRGINIA BEACH COUNCIL OF CIVIC ORGANIZATIONS AWARDS Mayor Jones welcomed Brad Sike, President— Virginia Beach Council of Civic Organizations. The Virginia Beach Council of Civic Organizations was formed in 1959 to advocate on behalf of neighborhoods and to provide a forum for civic discussions. Each year the Virginia Beach Council of Civic Organizations selects a Volunteer of the Year and a Community Association of the Year. Mayor Jones introduced and presented the Virginia Beach Council of Civic Organizations Volunteer of the Year award to Robert Elms,Princess Anne Plaza Civic League. Mr. Elms has served his community in a variety of positions for over 20 years and currently serves as the President. Mayor Jones then presented the Virginia Beach Council of Civic Organizations Community Association of the Year to the Ocean Lakes Community Association. The Ocean Lakes Community Association consisting of 2,378 residences with over 20 acres of common areas with three clubhouses, three pools, five playgrounds,four basketball courts and three double tennis courts. The 2,378 residences were developed on what once served as the Malbon Brothers Hog Farm. Ocean Lakes Community Association is one of the largest self-managed associations in Hampton Roads. Accepting the award on behalf of the Board of Directors is Mr. Will Hubbard, Treasurer. Mr. Sike expressed his appreciation to City Council for their continued support August 21, 2018 39 Item - VI-L1 PUBLIC HEARINGS ITEM#68412 Mayor Jones DECLARED A PUBLIC HEARING: SALE OF EASEMENTS OVER CITY PROPERTY-Interfacility Traffic Area (ITA) a. 3597 Indian River Road b. 2876 Indian River Road c. 2287 Landstown Road There being no speakers, Mayor Jones CLOSED the PUBLIC HEARING August 21, 2018 40 Item - VI-L2 PUBLIC HEARINGS ITEM#68413 Mayor Jones DECLARED A PUBLIC HEARING: ACQUISITION OF REAL PROPERTY Cardinal Estates Pump Station#550 and Sanitary Sewer Relocation Project There being no speakers,Mayor Jones CLOSED the PUBLIC HEARING August 21, 2018 41 Item - VI-J ORDINANCES/RESOLUTIONS ITEM#68414 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Agenda Items la/b/c, 2, 3, 4, 5, 6, 7(DEFERRED TO SEPTEMBER 4, 2018), 8(DEFERRED TO SEPTEMBER 4, 2018)and 9 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 42 Item-VI-J.1 ORDINANCES/RESOLUTIONS ITEM#68415 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE Excess City Property with Restrictive Easements in the Interfacility Traffic Area (ITA) and AUTHORIZE the City Manager to sell same to the United States of America: a. 3597 Indian River Road b. 2876 Indian River Road c. 2287 Landstown Road Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 1 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 2 CITY-OWNED PROPERTIES KNOWN AS 3597 INDIAN RIVER 3 ROAD (GPIN: 1483-27-7737); 2876 INDIAN RIVER ROAD (GPIN: 4 1493-33-7394); AND 2287 LANDSTOWN ROAD (GPIN: 1484-74- 5 8490) IN THE INTERFACILITY TRAFFIC AREA TO BE EXCESS 6 PROPERTY INTERESTS AND AUTHORIZING THE CITY 7 MANAGER TO CONVEY SAME TO THE UNITED STATES OF 8 AMERICA 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 11 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 12 Virginia, which properties are identified as follows (collectively, the "Properties"): 13 14 1. 3597 Indian River Road (7.6656± acres), acquired from Nancy Meagher 15 Johnson, Linda Meagher Richards and Linda M. Meagher, GPIN: 1483- 16 27-7737 17 18 2. 2876 Indian River Road (0.8283± acres), acquired from Earl Morris, GPIN: 19 1493-33-7394 20 21 3. 2287 Landstown Road (18.6192± acres), acquired from Association for 22 Research and Enlightenment, GPIN: 1484-74-8490 23 24 25 WHEREAS, on September 27, 2007, the City and the United States of 26 America, Department of the Navy (the "Navy") entered into an agreement (the 27 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 28 incompatible development; 29 30 WHEREAS, the terms and provisions of the Encroachment Partnering 31 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 32 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 33 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 34 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 35 property the City acquired; 36 37 WHEREAS, the City acquired the Properties pursuant to the ITA 38 Acquisition Program, an element of the City's BRAC response program; 39 40 WHEREAS, the City funded the acquisition of two of the Properties 41 (Parcels 1 and 2 above) through a partnership with the Commonwealth of Virginia (the 42 "Commonwealth") and Parcel 3 was acquired by the City using only City funds; and 43 44 WHEREAS, the City Council of the City of Virginia Beach finds that the 45 Restrictive Easements over the Properties are in excess of the City's needs and finds 46 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 47 Encroachment Partnering Agreement, as amended, will allow the City and the 48 Commonwealth to recover a portion of the funds paid for the Properties. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 1. That Restrictive Easements over the Properties identified above are 54 hereby declared to be in excess of the needs of the City of Virginia Beach; 55 56 2. That the City Manager is hereby authorized to execute any documents 57 necessary to convey the Restrictive Easements to the Navy, in substantial conformity 58 with the terms and provisions of the Encroachment Partnering Agreement dated 59 September 27, 2007, as it has been or may be amended, and such other terms, 60 conditions or modifications as are deemed necessary and sufficient by the City Manager 61 and in a form deemed satisfactory by the City Attorney. 62 63 3. That revenue from the sale of the Restrictive Easements over all three 64 properties in the amount of $478,700 will be received; $401,850 of the amount will be 65 deposited for appropriation in future Capital Improvement Program capital budgets in 66 #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II; and $76,850 67 (representing fifty percent [50%] of the proceeds for the Restrictive Easements over 68 Parcels 1 and 2) will be deposited for future payment by the City Manager to refund the 69 Commonwealth's portion in accordance with the grant agreement. 70 71 This ordinance shall be effective from the date of its adoption. 72 73 Adopted by the Council of the City of Virginia Beach, Virginia, on the 74 21st day of August , 2018. 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"` ` c ,,� ,., ' � r a i_ Z W 4's_ ' v -r 73 co " N a EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from Y Y fabrics, leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and affied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication Y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade- building materials, hardware and farm Y Y equipment Retail trade - general merchandise Y Y Retail trade - food Y Y Retail trade - automotive, marine craft, aircraft and Y Y accessories Retail trade- apparel and accessories Y Y Services Retail trade- furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage Y Y Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2019, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. 43 Item -VI-J.2 ORDINANCES/RESOLUTIONS ITEM#68416 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple re Cardinal Estates Pump Station #550 and Sanitary Sewer Relocation Project by agreement or condemnation Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE CARDINAL ESTATES PUMP 4 STATION #550 AND SANITARY SEWER 5 RELOCATION PROJECT (CIP 6-041.182), 6 EITHER BY AGREEMENT OR 7 CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a ii public necessity exists for the relocation and construction of a replacement pump station 12 for the Cardinal Estates neighborhood to improve sanitation and safety within the City and 13 for other related public purposes for the preservation of the safety, health, peace, good 14 order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2 and Title 25.1 of the 21 Code of Virginia of 1950, as amended, of all that certain real property in fee simple for the 22 purpose of reconstructing the Cardinal Estates#550 Pump Station as shown on Exhibit A 23 attached hereto and made a part hereof (the "Property"), and on the plans entitled 24 "Cardinal Estates Pump Station #550 and Sanitary Sewer Relocation Project (CIP 6- 25 041.182)" (the "Project") and more specifically described on the acquisition plats for the 26 Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 27 Engineering Division, Department of Public Utilities, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available and to 31 the extent the owners can be identified and located, a reasonable offer to the owners or 32 persons having an interest in said Property. If refused, or if the Property's owner is unable 33 to convey clear title or if the owner cannot be identified or located, the City Attorney is 34 hereby authorized to initiate, prosecute and settle or resolve proceedings to condemn said 35 Property. 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of 38 August , 2018. CA12762 R-1 PREPARED: 8/9/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d003\p029\00494348.doc AP".•VEDA TOCt • NT fAldi; , . PUBLIC ORKS/REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM r CI ATO NEY U EXHIBIT "A" ADDRESS OWNER GPIN (Now or Formerly) 1328 Old Club Cardinal Estates Civic League, Inc. 1495-38-6674 House Road • / 1 • `. • % \ • f-jk fr,„ , 63\ .. ',041 -'''' \ 1410.11111: - \\N-... yl 41 __. \-- ------ . --7--- 4 4 p . ,.\\ -- , f. • , \. • * t ,,...,. _ ,c,-,.. \ • Existing Pump Station 550 2897 Hawk Avenue • 1495-39-5142 x • Ot\ E.T.Ls'•- • ii VA -- �,,t -- . • • \ ,-- Ci, O t • . ' .- - it • ;F- 4 • 1328 ,----- ,----- G 1495-38-6674Clubhouse Road ..\ \\____________ v 4 _._ . • Old ____„\ /.\ • • • \___--11_____- Nps ` •\_,,,,,,,,,,,,,----:---.„, ---• �, LOCATION MAP -'�JJ • C (NOT TO SCALE) V)._ TO G Oikti- PUMP STATION 550 SOQQS REPLACEMENT CARDINAL ESTATES ''` CIP 6-041.182 r ,,,, 44 Item-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#68417 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date to satisfy conditions re closing a 10,645 square foot portion of right-of-way known as Lord Dunmore Drive Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING A 10,645 4 SQUARE FOOT PORTION OF RIGHT-OF- 5 WAY KNOWN AS LORD DUNMORE DRIVE 6 7 WHEREAS, on September 19, 2017, the Council of the City of Virginia Beach 8 acted upon the application of Princess Anne Real Estate Trust, a Virginia business trust 9 (the "Applicant"), for the closure of approximately 10,645 Sq. Ft. of an unimproved, 10 right-of-way known as Lord Dunmore Drive; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3519A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 18, 2018; and 15 16 WHEREAS, on August 6, 2018, the Applicant requested an additional extension 17 of time to satisfy the conditions to the aforesaid street closure action; and 18 19 WHEREAS, staff recommends that an additional one (1) year extension be 20 approved. 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 23 Beach, Virginia: 24 25 That the date for meeting conditions of closure as stated in the Ordinance 26 adopted on September 18, 2018 (ORD-3519A), upon application of Princess Anne Real 27 Estate Trust, is extended to September 18, 2019. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on this21 s t day 30 of August , 2018. CA14407 \\Vbgov.com\dfsl Applications\CityLaw\Cycom32\W PDOCS\D007\P030\00495002.DOC R-1 August 7, 2018 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Imaga - �. � Cit Atto'ney ( ' anning le ba ment No GPIN (Public Right-of-Way) (Adjacent GPINs: 1466-68-1966 and 1466-68-3940) V 2 ilL W Y L` <^O,..6---g, M o W m O rn0,co o0 din o' 41 m it cc 0}gCL 8 p{ W f,,-2 �_ 40 �mpSz d'd /-'/�V/ x w 0J Z i capp9 ,/,1 �� O > ,L7'' O a'U r- 0I- N �1 �7J. <O N .i -yz oZ 5 zz •- -.- _�.�-- ' :`.\ __- 0ab�J E U N_ a o waw 21".....9t- z o �-�' E 141.19 \ - (9 N _ O w� co -�_ N 10`11'49 > c'o~w n W �W a Q Q - - --- RAW �'�� m z cc o �. --24. ,,,orf.___--- _- \60 '��. o w=o CI rt¢a N S w cNn DR ' LpRp DUNM�RB 9s P ) o .�p x N ?w z U _ �C/O O ;�•y. s j 36_�_ATERcc �� ...,.�:':<•". �:_, w o Q 3 Q 2 m m Z p 7 2 ., a o � �p ro� o, d E 205.89' r W O.0- 0 2 N m a 0 &) C�o = w� N ,0.51'49 am QUQ II _ K ul za or��r c�0 : vo R Q _ Fd Z o"mN N I w �a fail��o#141, \i 0 ow 1-- ..•\ —1--- ,r, i G� IA Ai U�Q� ✓ �k poem mLL ,1R J 0� co Q k�i ONI 4. �% 1 ow o,! N E �N�J /� Arno_ - - , Vv. C4 Z ^ f/� C.» p`g�c� 1 d O N �� CO 4.7r—C-- Zy NOZ W • ` Q J O A� z `p"g CoA O yQ 34! 45 Item -VI-J.4 ORDINANCES/RESOLUTIONS ITEM#68418 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Bluegill Inlet at 2797 Sandpiper Road re construct and maintain a dock BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Bluegill Inlet at 2797 Sandpiper Road re construct and maintain a dock (GPIN 2433267778) DISTRICT 7 — PRINCESS ANNE 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. Specifically excluded from the permission provided herein is the second dock not owned by the Grantee shown on the above-referenced Exhibit. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. August 21, 2018 46 Item -VI-J.4 ORDINANCES/RESOLUTIONS ITEM#68418 (Continued) 7. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 8. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 9. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21st day of August, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BLUEGILL 7 INLET LOCATED AT THE REAR OF 8 2797 SANDPIPER ROAD 9 10 WHEREAS, Peter S. Williams and Suzanne M. Williams have requested 11 permission to construct and maintain a proposed 20' x 20' dock (the "Encroachment") 12 adjacent to their property located at 2797 Sandpiper Road (GPIN: 2433-26-7778). The 13 Encroachment would extend 20' into the City's property known as Bluegill Inlet (GPIN: 14 2433-27-3415); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 24 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Peter S. Williams and 25 Suzanne M. Williams, their heirs, assigns and successors in title are authorized to 26 construct and maintain a 20' x 20' dock in the City's property known as Bluegill Inlet as 27 shown on the map entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR: PETER 28 S. & SUZANNE M. WILLIAMS LOT 67, SECTION 2, TRACT B SANDBRIDGE BEACH 29 MB. 38 p.53, GP 2433-26-7778 REVISED 6-6-2018" prepared by Sigma Environmental 30 Services, Inc., dated June 6, 2018, a copy of which is attached hereto as Exhibit "A" and 31 on file in the Department of Public Works, to which reference is made for a more 32 particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach and Peter S. Williams and Suzanne M. Williams (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of 39 the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 44 until such time as Peter S. Williams and Suzanne M. Williams and the City Manager or 45 his authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 21st day of August , 2018. CA14395 R-1 Prepared: 8/3/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d031\p015\00493230.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 00,01r. J PUBLIC ORKS, REAL ESTATE DA A R. HARMEYER SENIOR CITY ATTORNEY 2 PLAN VIEW BLUEGILL INLET SCALE: 1" = 30' FLOOD EBB 10. WATERWAY WIDTH PARCEL A CITY OF VIRGINIA BEACH MHW-MHW IN.20070522000686140 APPROX. 74' 2433-27-3415 j PROPOSED 12'X 20'DOCK EXTENSION I. :.\.• 1. � IIIIIHIIIIIIIII 20.0' _.._.._ MLW " MHW 1°1 3 A 4 2 10' Ai N 10°48 0"W 55.00' ————a N 10°48'00"W 65.00' S 10°48'00° E 40.00' 55'BULKHEAD WITH TWO(2) 5'RETURNS 4 WOOD FENCE TIE DOWNS A-1 6'10" POO MATERIAL SPECIFICATIONS: A-2 53' 10" FRAMING:CCA 2.5#PCF co A-3 24'6" - N I m (MLP-88) A-4 43' 11" 3 ' - PILINGS:CCA 2.5#PCF B-1 16'6" S i DECK (MLP-88) B-2 41'0" iv€ - b HARDWARE:HOT DIPPED B-3 13'6" 6,o N GALVENIZED(ASTM=A153) B-4 31'7" co' Zn cn MATERIAL SCHEDULE: 2-STORY PILES:8"DIA.MINIMUM, SFR 5'3"OIC JOISTS:2"X 8" GIRDERS:2"X 8" DECKING:2"X6" 10'X 40'UTILITY EASEMENT 1:{------k-----) "PARCEL 2" LOT 68 BRUCE D.JETTE GRAVEL DRIVEWAY ROBERT HOBBS IN. 20081204001803630 IN.2008020211000149510 2433-26-8608 2433-26-7844 o o S 10"48'00'6 80.00' 90'TO TUNA LANE .4 SANDPIPER ROAD (60'RNV) E SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: BULKHEAD,MARGINAL ENCROACHMENT REQUEST WHARF FOR:PETER S.&SUZANNE M.WILLIAMS WATERWAY:BLUEGILL INLET LOT 67,SECTION 2,TRACT B DATUM: 0.00'MLW=-0.4'1929 NVGD SANDBRIDGE BEACH LOCATION:2797 SANDPIPER RD. MB. 38 P.53, GP 2433-26-7778 REVISED:6-6-2018 DATE: JUNE 6,2018 SHEET 1 OF 1 Encroachment Request — Peter S. Williams & Suzanne Williams Rear of 2797 Sandpiper Road . Nor ✓• 't _ ' ' ' , . � *'. ... .‘t,,,,.-,- , •y , J ;�3, pr . t • • f • 4-.:i,. .4_.,_,-I-,--,3:,.f,04 - i --',...1/4.,. -; ' Z4$, t) '�' ... ' 's - `Y ;b,fit i Sr �> r,�,-a,.,,, t_ . , , x e + .--r- C 3. ilat t:° ass f^ �-1 d. y _"r �l•t� .kr--,...,-i �.V' s �• 3 � e e Viii yD � . f _ T vJ t _!l' 4- 4" � e N • �, - ' '.,�v.,4,71,- -/ : 4 , ,, .''s_ c , ,, ," _ r 4� �,es \1."V-..--#1\\' �Jj� !1, 04, ►► I Pier Encroachment into City Property at Rear of 2797 & 2799 Sandpiper Road — Ownership is Unknown "N.M.` .' I V t i. Vii. .Qa "..--. ' ., i • - ;ice, +. "` / � . Ikr �` \, I. : ' 1,,,i I ,.. . i 1 II I I ' ill — ,4' y+ ~ � f N W+E s SITE o \ s \ 2433-27-3415 N 7Z O-0 7 SEP\'GR�s GT -P 2 -p 2433-26-7778 % T 4 `0� Om 11114 �'o 2799 SUNP�N LOCATION MAP PETER AND SUZANNE WILLIAMS ENCROACHMENT REQUEST Legend FOR City Properties 2797 SANDPIPER ROAD GPIN 2433-26-7778 Note: This property is located ` Feet in AICUZ Noise Zone X65 dB 0 50 100 200 repared by P W/Enp/Eng SupportSerarces Bureau 11/292017 X-\CADD\ProtectslARC FaesaGENDA MAPS\Sandpiper Rd 243326,77 6UA33267778 mad PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) nTh THIS AGREEMENT, made this I day of (.Q , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal c oration of the Commonwealth of Virginia, Grantor, "City", and PETER S. WILLIAMS and SUZANNE M. WILLIAMS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 67A", as shown on that certain plat entitled: RESUBDIVISION OF LOT 67 TRACT B SECTION 2 SANDBRIDGE BEACH (MB. 38, P. 53) AND PORTION OF 10' STRIP REVISED PLAT OF SANDBRIDGE SHORES SECTION 1A NORTH AREA (MB 78, P. 50) VIRGINIA BEACH, VIRGINIA" dated 20 November 2016, prepared by Bonifant Land Surveys, Inc. and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument No. 20170404000275540 and being further designated, known, and described as 2797 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 20' x 20' Dock, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-27-3415 City Property — 352 Tuna Lane known as Bluegill Inlet GPIN: 2433-26-7778 — 2797 Sandpiper Road WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bluegill Inlet the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: PETER S. & SUZANNE M. WILLIAMS LOT 67, SECTION 2, TRACT B SANDBRIDGE BEACH MB.38 P.53, GP 2433-26-7778 REVISED: 6-06-2018", dated June 16, 2017 revised thru June 6, 2018 and prepared by Sigma Environmental Services, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. Specifically excluded from the permission provided herein is the second dock not owned by the Grantee shown on the above-referenced Exhibit. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements 3 providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Peter S. Williams & Suzanne M. Williams, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: By•C /`C 'Cr r S. Williams,cil � Owner B • • /A...)4, Suzan r. Williams, Owner STATE OF (0L--)CITY/COUNTY OF R--y)( , to-wit: The foregoing instrument was acknowledged before me this s 7 day of "'JAL( , 2018, by Peter S. Williams. (SEAL) N• '.ry ubli Michael Ferrara Notary Registration Number: Fr )- 3 3( toNet Notary Pubic • State of Florida My Commission Expires: 7- 3,. z'`' %pen,/ *Commission Bcpirea 4 Corm fission Na FF 872831 STATE OF CITY/COUNTY OF P' vNe., , to-wit: The foregoing instrument was acknowledged before me this e9 ) day of A- , 2018, by Suzanne M. Williams. / /L/ (SEAL) o; : ary Public Notary Registration Number: /'� 7d 7 ?/ RI *�" N , 3o 2State rof Florida My Commission Expires: (( MY Commission Btpires41312020 Commission No.FF 872831 K APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Ithit N e' �I7 RMEYER, SENIOR CITY ATTORNEY 8/S/a DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 PLAN VIEW BLUEGILL INLET SCALE: 1" = 30' 4 FLOOD EBB WATERWAY WIDTH PARCEL A CITY OF VIRGINIA BEACH MHW-MHW IN.20070522000686140 APPROX. 74' 2433-27-3415 I PROPOSED 12'X 20'DOCK EXTENSION P,:'''.. \\ IIIIIIIIIIIIIIII0' MLW MHW 1 3 —4... 210 ---CS A N 10°A8' W 55.00 a' N 10'48'00`W 65.00' S 10'48'00° E 0.00' 1 55'BULKHEAD WITH TWO(2) 5'RETURNS 4 WOOD FENCE TIE DOWNS A-1 6' 10" POO MATERIAL SPECIFICATIONS: A-2 53'10" N FRAMING:CCA 2.5#PCF A-3 24'6" 0 (MLP-88) A-4 43' 11" 3 - PILINGS:CCA 2.5#PCF B-1 16'6° b€DECK = 3 (MLP-88) B-2 41'0" r,' -• HARDWARE:HOT DIPPED B-3 13'6" at N GALVENIZED(ASTM=A153) B-4 31'7" 0 LiD 0 MATERIAL SCHEDULE: 2-STORY PILES:8°DIA.MINIMUM, SFR 5'3'0/C JOISTS:2'X 8' GIRDERS:2'X 8' i DECKING:2'X 6' 10'X 40' UTILITY EASEMENT 0 "PARCEL 2" LOT 68 BRUCE D.JETTE GRAVEL DRIVEWAY ROBERT HOBBS IN. 20081204001803630 IN.2008020211000149510 2433-26-8608 2433-26-7844 0 0 S 10°48'00'E 80.00' 90'TO TUNA LANE '4 SANDPIPER ROAD (60'RNV) Fr SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: BULKHEAD,MARGINAL ENCROACHMENT REQUEST WHARF FOR: PETER S.&SUZANNE M.WILLIAMS WATERWAY: BLUEGILL INLET LOT 67, SECTION 2,TRACT B DATUM: 0.00'MLW=-0.4' 1929 NVGD SANDBRIDGE BEACH LOCATION:2797 SANDPIPER RD. MB. 38 P.53, GP 2433-26-7778 DATE: JUNE 6,2018 SHEET 1 OF 1 REVISED:6-6-2018 47 Item -VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68419 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Memorandum of Agreement (MOA) for the contribution of funds to the Department of the Army re Rudee Inlet Additional Work Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR RUDEE INLET ADDITIONAL 5 WORK 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute funds to the Department of the Army for a project such 9 as the Rudee Inlet Additional Work (the "Project"); and 10 11 WHEREAS, the "Additional Work" referenced in the proposed Memorandum of 12 Agreement includes dredging of the Rudee Inlet Outer Deposition Basin, North and South 13 Jetty Areas, and the Entrance Channel Transition Area, all with placement on the Resort 14 Beach; and 15 16 WHEREAS, the current estimated City contribution for the Project is $1,600,000; 17 and 18 19 WHEREAS, the dredging and placement of dredged material on the Resort Beach 20 serves many public interests including the protection of property, the enhancement of the 21 City's natural resources, and the encouragement of commerce and tourism. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Manager is hereby authorized and directed to execute a Memorandum of 27 Agreement for the Contribution of Funds in the amount of$1,600,000 with the Department 28 of the Army for Rudee Inlet Additional Work, a copy of the material terms of this 29 agreement is attached hereto and incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of August , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: di ,may _ ✓� Department of public Works City Attorn-y's Office CA14510 R-1 August 10, 2018 Summary of Material Terms Memorandum of Agreement for Rudee Inlet Additional Work Parties: Department of the Army(the "Government") City of Virginia Beach(the "City") Purpose: Contribution of funds for dredging of the Rudee Inlet Outer Deposition Basin, North and South Jetty Areas, and the Entrance Channel Transition Area, all with placement on the Resort Beach(the "Project") City's Obligation: 1. To provide$1,600,000 to pay costs associated with the Project,including the costs of environmental compliance,supervision and administration,and engineering and design. 2. Within thirty(30)calendar days of execution of the MOA, the City shall provide the funds to the Government by delivering a check payable to "FAO, USAED Norfolk District" to the District Engineer or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. Government's Obligation: 1. To provide the City with quarterly reports of obligations for the Project. The first such report shall be provided within thirty(30)calendar days after the final day of the first full quarter of the Government fiscal year following receipt of funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Government concludes the Project. 2. Upon conclusion of the Project and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. If the costs of the Project are less than the sum of the Federal funds and the amount of funds provided by the City, the Government shall refund the excess to the City within thirty (30) calendar days of such written notice. Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. 48 Item -VI--J.6 ORDINANCES/RESOLUTIONS ITEM#68420 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE Design Approval re Laskin Road Phase I-A and Laskin Road Bridge Replacement Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 1 RESOLUTION FOR DESIGN APPROVAL LASKIN 2 ROAD PHASE I-A, CIP 2-126 (111711) & LASKIN 3 ROAD BRIDGE REPLACEMENT, CIP 2-040 (12546) 4 5 WHEREAS, a Design Public Hearing was conducted on December 14, 2017, in 6 the City of Virginia Beach by representatives of the Commonwealth of Virginia, 7 Department of Transportation after due and proper notice for the purpose of considering 8 the proposed design of Laskin Road Phase I-A Project (State Project Numbers: 0058- 9 134-862 and 0058-134-F02; UPCs: 111711 and 12546) in the City of Virginia Beach, at 10 which hearing drawings and other pertinent information were made available for public 11 inspection in accordance with state and federal requirements; and 12 13 WHEREAS, all persons and parties in attendance were afforded full opportunity 14 to participate in said public hearing; and 15 16 WHEREAS, representatives of the City of Virginia Beach were present and 17 participated in said hearing; and 18 19 WHEREAS, the City Council had previously requested the Virginia Department of 20 Transportation to program this project; and 21 22 WHEREAS, the City Council considered all such matters; 23 24 NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1. The Council hereby approves the major design features of the proposed project 28 as presented at the Public Hearing on December 14, 2017, which are set forth 29 on the Location Map and Typical Roadway Section attached hereto. 30 31 2. The Virginia Department of Transportation is hereby requested to acquire all 32 rights of way necessary for this project conveying said rights of way to the City at 33 the appropriate time. 34 35 3. The City Manager or his designee is hereby authorized to execute on behalf of 36 the City of Virginia Beach, all the necessary utility agreements required in 37 conjunction with acquiring such rights of way. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of August , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6V/471 Department o Public Works City Attorney's Office CA14508 R-1 August 9, 2018 gr 4.7 __,111 e'" 'p'0� ,r 111101 os �, � <sl;t � 1.,-,--, Z Y o ��7j� a �® 'o r��i4S -jay °° lolo titti,,...,,,-I ,,,„,,74 ,....,.,*va w a. 0 ci_ k ef '.J7fL/' ,..,,_ L.r . (rt#114 7-'' ' rl. 4 "Z.t.".. l''11' �` a 'zE ' � �` Q W < ¢ \...--- ,\41,4, \--r. Ig 09, ,,,,t.--6, �' 1 qm:cftw N I ,\ �I \sRDla RD -- E'wC g CV` -'' ,� Z v Oi !" g t V., 4, ti :4.-, vct.;.r.to4 Fo) fl4V-41 Olt. 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'� ,t }6440 S.`i t`O 13 O -C C nut, \z �eTill► o a •0 •111 -, . 1",� _/�I E�w7wE� ;,'3.FL I C a m a t�Yi q[q tia e u a-1 .,,.� w n trsra r3 o eFil 40 41 a V �` ('(6rj ,..d1p. �� I „ N 31311 hs`�9 i'~ , �c ,_ kinL p- w�% �,,-- as 't - cu fa J J N 31p r�!°G D_ i 1 } 1 ul A 4v( ,i o! • Y ' =O F, y 2 4. tji -..! E —...:— N ..... O •mina .40 41 —01mon, 44.. si 6 r+ CC h a, v _ RS w = • W e tQ W � � J Fc o QI 11.0 2 J v m § i �• 0 O O � Y eh 10 II*(tilCe J s C cu c E O z CVS (0 a i la .-- x C . . y O a E -/ f o E T=a � o iv wi 0 ci;:/ ivo cc C CC 49 Item -VI-J.7 ORDINANCES/RESOLUTIONS ITEM#68421 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council DEFERRED TO SEPTEMBER 4, 2018, BY CONSENT, Ordinance to ESTABLISH Capital Improvement Program (CIP) re EMS Headquarters Audio Visual Upgrades and TRANSFER $250,000 from the Housing Resource Center CIP Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 50 Item -VI-J.8 ORDINANCES/RESOLUTIONS ITEM#68422 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council DEFERRED TO SEPTEMBER 4, 2018, BY CONSENT, Ordinance to TRANSFER$167,166 from the Housing Resource Center CIP to the Various Buildings Rehabilitation and Renewal IV CIP re electrical upgrades to the Farmers Market Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 51 Item -VI-J.9 ORDINANCES/RESOLUTIONS ITEM#68423 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $23,790 from the FY2018-2019 Supreme Court of Virginia Drug Treatment Court Docket Grant to the FY2017-2018 Commonwealth Attorney's Operating Budget re care for VBADTC participants and AUTHORIZE an In-Kind Grant Match Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE THE FY 2 2018-19 SUPREME COURT OF VIRGINIA DRUG 3 TREATMENT COURT DOCKET GRANT FUNDS AND TO 4 AUTHORIZE AN IN-KIND GRANT MATCH 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 1 . $23,790 from the FY 2018-19 Supreme Court of Virginia Drug Treatment Court 10 Docket Grant is hereby accepted and appropriated, with estimated revenues increased 11 accordingly, to the Commonwealth Attorney's Office FY 2017-18 Operating Budget; 12 13 2. The grant match (25%) is to be made in-kind by the Department of Human Services. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of August 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � JUlA) 7,Aakil Budget and Management Services City Attorney's Office CA14507 R-1 August 7, 2018 52 Item—VI-J PLANNING ITEM#68424 1. VISION,INC./BEATRICE R. SMALL VARIANCE 2. GREENWAY TOWING,LLC TM ARISTOCRAT MODIFICATION OF PROFFERS TOWING/800 BLOCK PROPERTIES, LC AND CONDITIONS 3. WAL-MART REAL ESTATE BUSINESS TRUST CONDITIONAL USE PERMIT 4. WAL-MART REAL ESTATE BUSINESS TRUST CONDITIONAL USE PERMIT 5. WAL-MART REAL ESTATE BUSINESS TRUST CONDITIONAL USE PERMIT 6. WAL-MART REAL ESTATE BUSINESS TRUST CONDITIONAL USE PERMIT 7. RONALD F. GIESIN,JR.,/DOWNS PROPERTIES, CONDITIONAL USE PERMIT LLC 8. LYNNHAVEN AREA PROPERTIES,LLC CONDITIONAL USE PERMIT 9. ORDINANCE TO AMEND SECTION 104 OF THE CITY ZONING ORDINANCE(CZO)RE MAXIMUM AND MINIMUM MISDEMEANOR FINES FOR VIOLATIONS ITEM#1 WILL BE CONSIDERED SEPARATELY AN AMENDED VERSION OF ITEM#3 WILL BE CONSIDERED COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3 AN AMENDED VERSION OF ITEM#4 WILL BE CONSIDERED COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 ITEM#5 WILL BE CONSIDERED SEPARATELY AN AMENDED VERSION OF ITEM#6 WILL BE CONSIDERED COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6 COUNCIL LADY WILSON FILED A DISCLOSURE LETTER ON ITEM#8 August 21, 2018 53 Item— VI-K PLANNING ITEM#68425 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Agenda Items 2, 3(AS AMENDED/MOSS VERBAL NAY), 4(AS AMENDED/MOSS VERBAL NAY), 6(AS AMENDED/MOSS VERBAL NAY), 7, 8 and 9 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 54 Item—VI-K1 PLANNING ITEM#68426 The following registered to speak: Megan Rivera, 700 Rocky Run Court, Phone: 760-908-9149, spoke in OPPOSITION Tony Sancilio (applicant), 5558 Daniel Smith Road, spoke in SUPPORT Upon motion by Council Lady Abbott, seconded by Councilman Moss, City Council, APPROVED, AS CONDITIONED, Application of VISION, INC./ BEATRICE R. SMALL for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 5558 Daniel Smith Road DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VISION, INC.!BEATRICE R. SMALL for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 5558 Daniel Smith Road (GPIN 1468414674) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled "Exhibit Plat for Subdivision Variance for Lot Width # 5558 Daniel Smith Road (GPIN 1468-41-4674)for Vision, Inc., Virginia Beach, VA, " dated April 27, 2018, and prepared by John E. Sirine and Associates, LTD., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page seven (7), entitled "Proposed Elevations", in the Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 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 21st day of August, Two Thousand Eighteen. August 21, 2018 55 Item—VI-K.1 PLANNING ITEM#68426 (Continued) Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 2 ./i - 2 0 r•••.::". NN / . I C 0411011 N . 111:0> \---- / --- - ,, . „.,, _,,. „.. La N: / II . * / i• / - _ t , \ NP ( ---.., /oe----- \ 49- -----,\ .I \ Xi N. • .•,.. CO q47 4 ..., .....„... , / / /----.----,,, '-----------,„. .., ,,,...,... ..,,. / /-P---I / (.7- ---- 56 Item—VI-K.2 PLANNING ITEM#68427 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS PROFFERED/CONDITIONED, BY CONSENT, Application of GREENWAY TOWING, LLC, T/A ARISTOCRAT TOWING/800 BLOCK PROPERTIES, LC for Modification of Proffers and Conditions re bulk storage yard at 1608 Washington Avenue (Approved on August 14, 2001, and Modified on May 8, 2012)DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GREENWAY TOWING, LLC, TM ARISTOCRAT TOWING/ 800 BLOCK PROPERTIES, LC for Modification of Proffers and Conditions re bulk storage yard at 1608 Washington Avenue (Approved on August 14, 2001, and Modified on May 8, 2012) (GPIN 2417862074)DISTRICT 6—BEACH The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. All conditions of the Conditional Use Permit granted by the City Council in August 14, 2001 and as modified on May 8, 2012, shall be deleted and replaced with the following conditions: 1. Materials stored in the Bulk Storage Yard shall not exceed a height of seven (7)feet. 2. Category I landscape screening, as specified in the Virginia Beach Landscaping Guide, shall be installed along the eastern side of the bulk storage yard adjacent to Washington Avenue. 3. There shall be no outside storage of inoperable vehicles or vehicles in a state of obvious disrepair. 4. All used tires shall be stored in an area which is not visible from any adjoining property or rights-of-way and maintained in a manner that does not permit the collection of standing water as to help prevent the breeding of mosquitos. 5. Lighting for the site shall not exceed a height of fourteen (14)feet and shall be directed in toward the site. 6. This Conditional Use Permit is valid for five (5) years from the date of City Council's approval or when one of the following occurs prior to the end of the five (5)year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. August 21, 2018 57 Item—VI-K.2 PLANNING ITEM#68427 (Continued) 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 21s` day of August, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 \ 'i, 1 ------ \ \ I\ \ \___------- fiel CO CV 's _____------- \ I. __--------\ \ ',, ,-----, 4 = t C------\ •s-.3 Ce 'V' ----- .7.,-- 0----\ '-..._ a r it - r 7.'... _ __ ___--_= to J - -_--_ , 1-- 1:1, f -----...__ ir N.,. °11 as in9 __ - em \'. c7w+ 1 h‘ _ / , • -____ _- 1 I 1%%1 Si I 4 1‘. \I eviN \ \ *Z - / 's. \ 7 .o )1.. __---)\lilt CCO \ - -\V \ o _ �CD tit \ (114 \ \ \ \-- . - \ 7 ti`- -`' --\ Z?/ IX W C:3 f 0 -r" ° .--r. . Q Ilt . . )*s, ie1 r - ---_ _- ALC$41 $EAcf, T `;� CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE ; �5'qPo f = C4:„4,4 �0.z. Of•:`iOOUR�•.sN,,,ONS In Reply Refer To Our File No. DF-10102 DATE: August 9, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. KayWilsonDEPT: CityAttorney RE: Conditional Zoning Application; 800 Block Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 21, 2018. I have reviewed the subject proffer agreement, dated May 1, 2018 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 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS 800 BLOCK PROPERTIES, LC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of May, 2018, by and between 800 BLOCK PROPERTIES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing approximately .613 acres,which is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS dated March 1, 2012 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20120522000567950 (hereinafter "2012 First Amended Proffers") which modified only proffer numbered 1 of the PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS dated May 22, 2001 and recorded in the afore referenced Clerk's Office in Deed Book 4483, at Page 0085 (hereinafter "2001 Proffers"); and GPIN: 2417-86-2074-0000 (Part of) PREPARED BY: l3 SYICES.BOURDON. \'I AIIERN&LEVY.P.0 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW,THEREFORE,the Grantor,its successors,personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning,site plan,building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2001 Proffers shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 1 as set forth in the 2012 First Amended Proffers is hereby re-adopted and shall read: 1. Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and PREPARED BY: . SYKES.BOURDON, building contractors yard. This use shall also be governed by the No AHIERN&LEVY.P.0 conditions of a Conditional Use Permit which limits the terms of the use to five(5)years from the date of adoption by Grantee and further 2 requires the Grantor to terminate the use prior to the end of the five (5) year term in the event that: (a) the land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than a automobile service and repair garage; or(b)the land use on the adjacent property to the south changes to something other than a residential trailer park. 2. Except for the modification by replacement of Proffer numbered 1, the remaining proffered covenants, restrictions and conditions as set forth in the "2001 Proffers" are hereby ratified and affirmed. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such PREPARED BY: S 11 SYICES.II0URD0N. conditions be remedied; and(b)to bring legal action or suit to insure compliance with such L AIIERN&LEVY.P.C. conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 3 (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 (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee. PREPARED BY: B SYKES.BOURDON. t I AH{£RN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: 800 Block Properties, LC, a Virginia limited liability company By: The Estate of William E. Chaplain, Deceased, Sole Member (Th C 410 B�►I A I v h td i _.146 EAL) Lisa M. Chap ain,A.ministratrix STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 3rd day of May, 2018, by Lisa M. Chaplain,Administratrix of The Estate of William E. Chaplain, Sole Member of 800 Block Properties, LC, a Virginia limited liability company, Grantor. 7910lOila Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 "•••.% NOTWS• PREPARED BY: B SYKES.BOURDON. V I. AIERN&LEVY.P.C. 5 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, situate,lying and being in the Lynnhaven Magisterial District,City of Virginia Beach(formerly Princess Anne County),Virginia,known, numbered and designated upon a plat of Virginia Beach Annex No. 2, dated July 31, 1905, and recorded in Map Book 3, at Page 24, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, (formerly Princess Anne County),Virginia, as Lots 14, 15, 16, 17, 18, 19 and 20 in Block 6, reference to said plat for a more particular description of said lots. GPIN: 2417-86-2074-0000 (Part of) H:\AM\Mod of Proffers\Greenway Towing\2nd Amendment to Proffers.docx PREPARED BY: SRSYICES.BOURDON. .•I All RN&LEVY.P.0 6 58 Item—VI-K.3 PLANNING ITEM#68428 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS AMENDED/CONDITIONED, BY CONSENT, Application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 2021 Lynnhaven Parkway DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 2021 Lynnhaven Parkway (GPIN 1475970297) DISTRICT 3 —ROSE HALL The following conditions shall be required: 1. The location of the storage containers shall be limited to the area depicted on the site layout shown on page five (5) of the report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall, the location of the storage containers shall be so located as to maintain a twenty (20)foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous material shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to twenty (20) and are permitted on site only from September 15 to January 15. 8. This Conditional Use Permit is valid for two years from the date of approval by the Couneil.Approval of the Conditional Use Permit is subject to an annual Administrative Review by the City of Virginia Beach Zoning Administrator to determine compliance with the above conditions. August 21, 2018 59 Item—VI-K.3 PLANNING ITEM#68428 (Continued) 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 21s` day of August, Two Thousand Eighteen. Voting: 8-1 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin August 21, 2018 i .)-1"---,_7 (;), 177--E.:.-5,---�. 1 _ i I� t f5. s f � _ \tom ,C \ii‘i 1.17.. � ft CV 4 '- s 1( rap . 41/10 J.-/ ,..: ,/ N. .----.i,, la` i Q . - ' : .r-,slc / \.- � Ism" ,? t ti*► `' �. i ism,,,,,&%„ 11,1_14,, NNim gall- uiii".„. i Ncri, •,.... ., , ...:. , l��, 7 t oN ,,,,-4,.. '--- moi►iv.„.„.v.,... t--„,..„.„.z.a. ,.., . „. • , f ( ,,,,,._ •,. 1-:k H • .., , .,,,, „i„, . ip7R-ii Nat& .,„......,,,,*.NI /.,,- ,,..'; - 0,,,_ ,,,:,,, , yap.* .140-,.., ,7*41/ . 6 - 4:4- - . , . L 0 w +\0'4°4 ' cilt i .11-) '• .(7°41),......-- r 7 q'-' • Aiiik 4444/-Asy : 0 ' _II )wriffipinwf /*, ,../ 1,r- , .. .., _.....„.., . ,.. ..,...._ ,\I - __--..--- _ wilks/A , ck ,.._ ..„ - -..,..- __._. . ..... cyri -,.-,4 . ----- ..---_-_-_-__:______„: ,-A,_ ,,, e s ,, ._,N ,..7 4.4.----. 4,-‘ , ... - -,.... ., ..,. . . 1 phip°414r, - ' 01k.140-11%.'./s14,..0 , ,,,,,--, „4. 3 04.-- -44,,,,,- s -.::- _,-44 V / ,./ J * C‘I ''' \:`, ni3O ' ' - CO it) .- , : V 4 �` CNI LO III co- j gr- �- .. : ,,,,, .,.., ,: n f---\ 0 ' - '-'/----------- — s':- ' ---- ni_ .._.g ____, , c-1,.k - _ . _salon:, ,,,t_t , 03 re . . E---33.74.--_, i _--------, . LO , a rt ..-. B . ...,„:„=„T----, '7 .K is uCI LO , jai . - .„.• ry . 60 Item—VI-K4 PLANNING ITEM#68429 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS AMENDED/CONDITIONED, BY CONSENT, Application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 657 Phoenix Drive DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 657 Phoenix Drive(GPIN 1496387496)DISTRICT 6—BEACH The following conditions shall be required: 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall, the location of the storage containers shall be so located as to maintain a twenty(20) foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to ten (10) and are only permitted on site from September 15 to January 15. 8. The existing plant material along the northern and western property lines shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. In the event that the property to the north is developed and the existing plant material is removed and fails to meet the intent of the Category VI screening, a solid fence shall be installed along said property line at a height and with materials approved by the Planning Director. August 21, 2018 61 Item—VI-K.4 PLANNING ITEM#68429 (Continued) 9. This Conditional Use Permit is valid for two years from the date of approval by the Council. Approval of the Conditional Use Permit is subject to an annual Administrative Review by the City of Virginia Beach Zoning Administrator to determine compliance with the above conditions 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 21' day of August, Two Thousand Eighteen. Voting: 8-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin August 21, 2018 � � �'� __—___- o — — ------ Li__ I \ __-� | [�3 | | / — ' -----��~� \ \ '� ` / c�o | 0 �~ �� / �m� � | • \ | ' � / � | L. \ . ' \ \ / \ � ' |-�-" -~� --~~- * --'- - 62 Item—VI-K.5 PLANNING ITEM#68430 R. J. Nutter, 222 Central Park Place, Phone: 687-7500, Attorney for Applicant spoke in SUPPORT. Jeff Spatz, 15 Walker Avenue#200, Maryland, Phone: 443-622-3457, spoke in OPPOSITION Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council, APPROVED, AS AMENDED/CONDITIONED, Application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 546 First Colonial Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 546 First Colonial Road(GPIN 2407877650)DISTRICT 6—BEACH The following conditions shall be required: 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout on page five (5) of the report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. The containers shall be screened from view as depicted on the submitted site layout. The screening wall shall be consistent with the photo titled "Proposed Screening Wall" as depicted on page six(6) of the Staff report. 5. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau, the storage containers shall be so located as to maintain a twenty (20)foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 6. No hazardous materials shall be stored within the storage containers. 7. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 8. The storage containers shall be limited to ten (10) and are permitted on site only from September 15 to January 15. August 21, 2018 63 Item—VI-K.5 PLANNING ITEM#68430 (Continued) 9. . _ •. • . . .. . . • . .. .. City—Gowned. An Administrative Review shall be done after one year by the City of Virginia Beach Zoning Administrator to determine compliance with the above approved conditions. Approval of the Conditional Use Permit is subject to an annual Administrative Review by the City of Virginia Beach Zoning Administrator to determine compliance with the above conditions. 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 21st day of August, Two Thousand Eighteen. Voting: 8-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin August 21, 2018 ? i _____ \ '.,.,, prig \ \ ., . Me MI um ' tit WI' VDInI16E11ill. W 11 t .? •\ , , . , liqup' ,I\ 1,, , 1 AMP PM. r • I7 < i ,I 1 I k I ' ' . IN - -1 i f I 1 • -,. . i Mar 1 1 sve! P , \ \ \ \ \ \ I I . Er I i , ', \ \ ,,,%, ' ' ' • Ct'' o• c ‘ir - , , ., .. ---—, SkAlta% : , ----... LJ - , \ , \ \ \ n- a ni c, ;I, ... _ __ .,, \ \ \ nig rip .. . I--, -I --\ \ \ \ \ \\\„, CC moms ,' _ z . . __ . 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' , i , .. • .-------A , i• a _- ust . 1:_ \ , , L ,, _...---__ -•,. __.--- \----r ---\ \ %. \ \, \ \ \ \ \ , I c-- It _. '-•• ----_-_•11----' th _ ..--7--- \ _. %) % \ I\1\ CN1 I% V--- \ L--.• r.r.a 1 I., ) '':\\i\ \I \ \I $,. ,__,._: kx____,.. 9 1 CNI C , . , . , -', ' \ . \ - i , I \ \\111 1.,. •-,, 1 03 \ \ . \ *:% , 1, ''' , i I . , . r- I, % I, . - 1 ',. '.., •• . Vik _____ .4. di,. . , ( •'--3 co--, % v.. .., ,.,,\ ,, \ ., ____-:-2, \ - , ...„- '-. i tj ‘ :,5, , ii 4— \,. ..\ \ \ ,,i- , 64 Item—VI-K.6 PLANNING ITEM#68431 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS AMENDED/CONDITIONED, BY CONSENT, Application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 1149& 1169 Nimmo Parkway DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAL-MART REAL ESTATE BUSINESS TRUST for a Conditional Use Permit re bulk storage yard at 1149 & 1169 Nimmo Parkway (GPINs 2414261130 & 2414256765) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout on page five(5)of the report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau, the storage containers shall be so located as to maintain a twenty (20)foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to twenty (20) and are only permitted on site from September 15 to January 15. 8. The existing plant material along the western property line that provides a visual screen of the containers from Newstead Road shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. Council. Approval of the Conditional Use Permit is subject to an annual Administrative Review by the City of Virginia Beach Zoning Administrator to determine compliance with the above conditions. August 21, 2018 65 Item—VI-K6 PLANNING ITEM#68431 (Continued) 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 2131 day of August, Two Thousand Eighteen. Voting: 8-1 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: John E. Uhrin August 21, 2018 Alf-- .\ T -\ ce I #• '.. \ . . r-8 . . -.. " ., ( N' „•\. -N.' \,• ,. . „Ce• i * pAl\, • r.....at.:,",.. iiii,' , .... \ , • , ‘-,.... .• ' ' , / / . , „.,..--- 00 , 441,-- - ,, p a .__ . . , , ____ ._. ,• ' ' r,---, . .' I EIcr .. , -______ D i .,..1:-.---.:,-.11.,___I-------_____: ,----______? •-, i L. -, _... . ._ -. , , V ,,-- .. C)' LAtitt i '7 ,- --Qt.! t 1. Lr • 0, , 401::`0* f---...._., i / , s. ...,_..... --------1'---"-?-l-- 'Agin --- _ ------ , . . . . 1:27--- , , c -- 1 ? p .., . )5:. , 4s> _ / i i • ...„. s, ,s„,. , sit, .___ ___. .,_ __. _:\ \ „ . . • / ,... , . .. __ . . _ . . . .... __ • . , •./ 7-. \ - "- -- -.- -..,_,_. •.\, , , / ;S ,I.,e------__ -----1 -. $ \ 1 if i • le . , X, , s,, l',.i 4•Apio. A . i -- . . . c'----, 1 ; ,i r - -- ice_o_.-:, .-,,,,,•2. , • ...... . I \lc : i \ . • / i i \\CO \, ,:-....; / • ,\ 44, ,,,,•-„,\ \ „ ,•. . , .. .. . 4\ i , ,- \ • „_.,.., , _..,-A., , , •( .C3 /al --,,_ _ • .- . Alt, / \ . ,'• . , \ )--:.---___------ __ . .N - N • -, ,--.. ; Am i 1 \ / .` , , Nft4kIftkillakis„ •\ 40 " i , N IX j \ \ :' ' 1 :-.'i : 4 1 .N, # • 7 i \ .- . ---...., \ / . (-1 .. --\\\\\, r,..7.„ iii .-_pr.; _.,„ . ,. , . ___.. ,... 0 ,_,___ If 4, , _.,_ . . \ \,. \,, \ -;.::::------ri-- ' ,.. --1•\:\\\\ il u--1 -Ile -„,sk\\:,, \\,,,,, L'"----- ': sc .i. t, 1 0 —wilt_ 7 f i i 4 \ • .\ \\ .ii \..." N 0 ‘ • . ..\\\\ ilCO ? y frv..\-\\:. -ci_..... * ..ai," \ ,ii-i ii At . ---1 sta.\ \ \ r , 66 Item—VI-K.7 PLANNING ITEM#68432 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS CONDITIONED,BY CONSENT, Application of RONALD F. GIESIN, JR.,/DOWNS PROPERTIES, INC.,for a Conditional Use Permit re motor vehicle rentals at 519 North Witchduck Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RONALD F. GIESIN, JR., /DOWNS PROPERTIES, INC., for a Conditional Use Permit re motor vehicle rentals at 519 North Witchduck Road (GPIN 1467982404) DISTRICT 4 —BAYSIDE The following conditions shall be required: 1. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants, banners, streamers, or portable signs placed on the site or on the vehicles. 2. No more than two trucks or trailers for the purpose of renting shall be allowed on the site at any one time. Rental trucks and rental trailers shall be located only in the area on the site that has been designated on the exhibit entitled, "Proposed Site Layout, "as depicted on page five (5) of the report. Rental trucks and rental trailers shall not be parked in such a way that impedes the internal vehicular circulation on the site 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 21' day of August, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 "1". .Niir: / L----r 7 C77 _ .i,„„.; .. 1-7 ___ ... ilf Di fici- mr--, ....„ --J g .,„.........„, .0! ft ___/ zi it 1--____ 17. 7 c=7, Esi /1 .,.._ „.„......„_._ i .---/ ,,, itiiiii--_____ \----------,___o_ 44 ______ i 7/ 1 77 0 r] i ,--' ----__ ointo __ ________ J in r:j /01 ......______ -- - ---- ------ / (----7 , , , f-- -, . , , , . .'''' L _I _, ,e, , -______.; , , . iiNy t----D . .._, ...._____ -_„..4(::::1 411rAii::.. -31 k;---11----:1:7 IX0 47E3 ------------E-- _si-c- Jac 04,411r mi.; --' 1 00 II/ :',......„_,.. --.„ -"' -, j -''... ..-.''.. all' „_, -.]._. -'--.. -"-"----, ,..., ._:77,1 I ''--'-''''''' l_1:1: :..::1-1r_ -1.'.--''----.. .11-17-2:1-_-..T.-.T------''------__ -.._ •.-- -- ----mp--0-,v_ ---------„, --------, .._.,_ 0 ....„._ -----„, -40) -----...„„, '-:------._. -----z-_-_:„.. ..: ___ ---._„ Il) ; ,i . .... .„.... --._ • , I igdittk ------...._ -------_,_.. -------- t"Il i " Nt• 1 _ . 1 111 , . / ah.. ...` CO '-------._. ...__ -----...,.. Ce i 1 . NO.-- 1 I -.011/44 4 , ,.._.. __.,.......„, E.:" , , L „:. ', 1 / ,..... I I / I 1 1 f I / Moil ' If ' W" ... J /.....„. .2,I 1 L IOW . Sw•I I- L---7 -- i e ._._. a. CD ' , 1 I _ 71 Tam ...ic E3 --_,_ . 1 ....C) ....• 1,...... / ? 7rfp C7 r -717 .0, CO ,1k.," .........„,............„,,,.....,.., N I . am i i F----1 . - _ --___7 • ___ / ----_-___ F---- , ; ....7 , 1 , i Til -.... L 1 _ I _ __________, _ ,.... .. _______ ____ _ . , 7 ii I r_n__ ,...dis. , , . i .,. e- -----%----------- ----P....rettp„ ir _ 1 1__ 77-k--/-----)------------ 40 '------ 67 Item—VI-K.8 PLANNING ITEM#68433 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of LYNNHAVEN AREA PROPERTIES, LLC for a Conditional Use Permit re car wash and automotive repair establishment at the northwest corner of Laskin Road and Regency Drive DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LYNNHAVEN AREA PROPERTIES, LLC for a Conditional Use Permit re car wash and automotive repair establishment at the northwest corner of Laskin Road and Regency Drive (GPIN 2407485295)DISTRICT 6—BEACH The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF HILLTOP CAR WASH, REGENCY DRIVE, VIRGINIA BEACH, VA, " dated June 19, 2018, and July 12, 2018,prepared by MSA, P.C., with the exception of the removal of the six parking spaces and cash vacuums along Regency Drive which shall be replaced with a second row of landscaping similar to the streetscape depicted along Regency Drive. 2. When the site is developed, both buildings shall have the architectural style, colors and materials with the rendering entitled "LASKIN ROAD CAR WASH, REGENCY DRIVE AT LASKIN ROAD, VIRGINIA BEACH, VA," dated May 10, 2018,prepared by Ionic Dezign Studios. 3. The hours of operation of the automated car wash, vacuums and auto detailing and repair building shall be limited to between 7:00 a.m. and 9:00 p.m., daily. 4. There shall be no tipping of the dumpster between the hours of 9:00 p.m. and 7:00 a.m., daily. 5. If at any time the existing landscaping in the rear of the site is removed or dies, the applicant shall replace it with a Category IV landscape buffer with plant material as recommended in the Virginia Beach Landscape Guide. 6. The canopy above the vacuums shall be a neutral or earth tone color with the exception of the trim or support structure. 7. The hoses for the vacuum system shall be black in color. 8. A photometric plan (i.e. lighting plan)for the Property shall be submitted for review and approval with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material and color. All lighting fixtures shall be equipped with automatic photocell on/off and include programmable dimming to dim the lumen output to 50% (or less). The programmable/automatic dimming must be to the manufacturer's standards and, at a minimum, reduce the lumen output by 50%. The lighting fixtures on the Property shall be dimmed by 50% each day at 9:30 p.m. If approved by the Virginia Beach Police Department, light fixtures within one-hundred (100)feet of a residential property shall be turned off daily at 10::00 p.m. August 21, 2018 68 Item—VI-K.8 PLANNING ITEM#68433 (Continued) 9. All light poles shall be no taller than fourteen (14)feet in height. 10. All light fixtures shall be shielded and angled away from the adjacent residential uses. 11. No outside storage of equipment, parts, tires, merchandise, or materials shall be permitted on the site. 12. Only light vehicle repair work such as lighting, brakes and fluid replacement shall take place on site. There shall be no engine repair,paint booth, or body work taking place on the site. 13. All vehicle repair shall take place within the building. 14. There shall be no pennants, streamers, air dancers or banners displayed on the site. 15. With the exception of removal by the City of Virginia Beach or their appointed agent for maintenance, the existing vegetation along the property's northern and eastern boundary shall not be removed. 16. Any freestanding sign on the site shall be monument style, no taller than eight(8)feet and have a brick base. 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 21' day of August, Two Thousand Eighteen. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin *COUNCIL LADY WILSON FILED A DISCLOSURE LETTER FOR ITEM#8 August 21, 2018 nl ' tom` .f S .._ ' 11, ' • 1, file '.. ,v 0 v..., 0 _ P-0- ' -_-_,--70? , tol 01 t l 1...„. , } vh 0 i'----:-10-\\ r _ .. ,„ „T;_,-.„., . , ._ 1, \ 1...':_ , \\ n it i ., iis ,,: „.„ -:„.„., ..._. _. ,,, n \II\ oc: \-3 A iii \ •`1, :. • .:. tip0 II - ttt i3 , I I �I r II„) ', '�} 'S. J I J 1 1 .' 11 �J ti t il r . r-3 . I I I _ `1 cy\t 4't\, 't1 ti I - \ co -TO , E, i1 \ s 0 ','1 t N ' 4 ■ 4 Czalli tt i 1i01 er-1� r, ! li '. �\\ \ 1 `S a3A , i ci)''+" r t' ,t t ill�_ 0 st IMMI ' i._ 41r5 „ ________ ',C*-- E7 M[1 ' N - 1 1 1 1 LLIl !,— a � - y6441-; p ,', :\:--o--c. ---V-_------j,k\ �� \\\.\\\\ , ------- 7.,..,./.,, p____, ,...., ),. , ce ies..! c,,,,, \. ,,,,,.,,,,,,,, \,,,,,.:,:,:.,,,„ _ 0' 47 c\I V 1, . „3-.3,.-J\ \ \\, ..\„ , ..i,„,.. CI W G ( r_la_____ .z1 � - -1-7, __) I rlLI , .( )' , „"-: .1 Gi ., (-------„ • „ , - ____ _._-_- i-Cfr -�-�----1 I - � a1f �``^ �; til, , \ .: i'++-,,/~-- i � ',,r dI [ i ..., r 1 1 1 Al 1 I / / CN - 1 03 _1 1-7 . ri r II 0 . it e I1 / , 1 �J�Q`G�4A•BFA City of VT i--- irnia Beach o� 144-, 4fil of ouR No,o': `',, VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 In Reply Refer to 0063566 August 21, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Barnes: 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 Lynnhaven Area Properties, LLC for a conditional use permit for property located at the northwest corner of Laskin Road and Regency Drive. 2. The applicant has disclosed that Dixon Hughes Goodman is one of its service providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- August 21, 2018 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, , Rosemary A. Wilson RAW/RRI 69 Item—VI-K.9 PLANNING ITEM#68434 Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Ordinance to AMEND Section 104 of the City Zoning Ordinance (CZO) re maximum and minimum misdemeanor fines for violations Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 1 AN ORDINANCE TO AMEND SECTION 104 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE MAXIMUM AND 4 MINIMUM MISDEMEANOR FINES FOR 5 VIOLATIONS 6 7 Section Amended: § 104 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 104 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 104. - Violations and penalties. 20 21 (a) Except as provided in subsection (b), any person who violates any of the 22 provisions of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor 23 punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand 24 dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court 25 shall order the violator to abate or remedy the violation in compliance with this 26 ordinance, within a time period established by the court. Failure to remove or abate a 27 violation within the specified time period shall constitute a separate misdemeanor 28 offense punishable by a fine of not lest than ten dollars ($10.00) nor more than one 29 thousand dollars ($1,000.00)i and any such failure during any a succeeding ten-day 30 period shall constitute a separate misdemeanor offense for each ten day period 31 punishable by a fine of not less than one hundred dollars ($100.00) nor more than one 32 thousand five hundred dollars ($1,500.00); and any such failure during any succeeding 33 10-day period shall constitute a separate misdemeanor offense for each 10-day period 34 punishable by a fine of not more than two thousand dollars ($2,000.00). 35 36 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of August , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j`LoLl anning Departmen I City Attor Office CA14446 R-2 June 6, 2018 70 ITEM VI-L. APPOINTMENTS ITEM#68435 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT(COG)AND ALLOCATION REVIEW COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OLD BEACH DESIGN REVIEW COMMITTEE PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD August 21, 2018 71 ITEM VII-K. APPOINTMENTS ITEM#68436 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: KIMBERLY MELNYK Unexpired term thru 6/30/19 2040 VISION TO ACTION COMMUNITY COALITION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 72 ITEM VII-K. APPOINTMENTS ITEM#68437 Council Lady Wilson NOMINATED Stephen McNulty for REAPPOINTMENT to the Development Authority: Voting: 7-2 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: John E. Uhrin By a verbal vote of 7-2 City Council REAPPOINTED: STEPHEN MCNULTY Four year term 9/1/18—8/31/2022 DEVELOPMENT AUTHORITY August 21, 2018 73 ITEM VII-K. APPOINTMENTS ITEM#68438 Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION Council Lady Wilson NOMINATED Dorothy Wood for REAPPOINTMENT to the Development Authority: Voting: 7-2 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Jessica P.Abbott John D. Moss Council Members Absent: John E. Uhrin By a verbal vote of 7-2 City Council REAPPOINTED: DOROTHY WOOD Four year term 9/1/18—8/31/2022 DEVELOPMENT AUTHORITY August 21, 2018 74 ITEM VII-K. APPOINTMENTS ITEM#68439 Council Lady Wilson NOMINATED Taylor Franklin for APPOINTMENT to the Development Authority Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin By a verbal vote of 9-0, City Council APPOINTED: TAYLOR FRANKLIN Four year term 9/1/18—8/31/2022 DEVELOPMENT AUTHORITY August 21, 2018 75 ITEM VII-K. APPOINTMENTS ITEM#68440 Council Lady Wilson NOMINATED Penny Morgan for APPOINTMENT to the Development Authority Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin By a verbal vote of 9-0, City Council APPOINTED: PENNY MORGAN Four year term 9/1/18—8/31/2022 DEVELOPMENT AUTHORITY August 21, 2018 76 ITEM VII-K. APPOINTMENTS ITEM#68441 Councilman Moss NOMINATED Dane Blythe for APPOINTMENT to the Development Authority Voting: 2-7 Council Members Voting Aye: Jessica P. Abbott John D. Moss Council Members Voting Nay: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin NOMINATION FAILED DUE TO A NEGATIVE VERBAL VOTE OF 2-7 August 21, 2018 77 ITEM VII-K APPOINTMENTS ITEM#68442 Council Lady Abbott NOMINATED Erica Terminello for APPOINTMENT to the Development Authority Voting: 2-7 Council Members Voting Aye: Jessica P.Abbott John D. Moss Council Members Voting Nay: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin NOMINATION FAILED DUE TO A NEGATIVE VERBAL VOTE OF 2-7 August 21, 2018 78 ITEM VII-K. APPOINTMENTS ITEM#68443 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: KATHY OWENS Unexpired term thru 2/28/23 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin THE FORMAL SESSION CONCLUDED AT 7:05 August 21, 2018 79 ITEM#68444 Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District 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 an open meeting would adversely affect the negotiating or litigating posture of the public body; and 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). • Mid Atlantic Arena v. City of Virginia Beach • Estate of India Kager v. Ferreira, et al. PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the 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) • Norfolk Water Contract PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees August 21, 2018 80 ITEM#68444 (Continued) Upon motion by, Vice Mayor Wood, seconded by Councilman Dyer, City Council voted to reconvene into CLOSED SESSION at 7:06 P.M. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin Closed Session 7:06 P.M. - 7:51 P.M. August 21, 2018 81 CERTIFICATION ITEM#68445 Mayor Jones RECONVENED the Open Session at 7:51 P.M. Upon motion by Vice Mayor Wood, seconded by Council Lady Henley, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: John E. Uhrin August 21, 2018 c1N #E4c 66), ,71,,-T--,;4. ,, 2 ori N ,5 iq a•.. v 4�.�- 4 OF OUR MA ,,g� RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#68407 Page 31 and ITEM#68444 Page 80 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard,discussed or considered by Virginia Beach City Council. r--- iiii( &,ci manda Barnes,MMC City Clerk August 21, 2018 82 ADJOURNMENT ITEM#68446 Mayor Louis R.Jones, DECLARED the City Council Meeting ADJOURNED at 7:53 P.M. Terri H Chelius Chief Deputy City Clerk r\ 11, 1 1 Aman fa :car •s, MMC Louis R. Jones City Clerk Mayor City of Virginia Beach Virginia August 21, 2018