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JANUARY 15, 2019 FORMAL SESSION MINUTES 041A•Bedc t' k �rr � V °`oux NF�o VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 15, 2019 Mayor Robert M Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council Conference Room, Tuesday,January 15, 2019, at 2:00 P.M Council Members Present: Jessica P.Abbott,Mayor Robert M Dyer, Barbara M Henley,Louis R.Jones, Shannon DS Kane,David Nygaard,Aaron R. Rouse,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent. John D. Moss Ill 2 CITY COUNCIL'S BRIEFINGS OLD DOMINION UNIVERSITY—NURSING,HEALTH AND TELEHEALTHIN VIRGINIA BEACH ITEM#68800 2:01 P.M. Mayor Dyer welcomed Dr. Austin Agho, Vice President for Academic Affairs. Dr.Agho expressed his appreciation to City Council for their continued support: ODU Virginia Beach ("'7 OLD DOMINION _.� _ ._.... _._._----- Here Here is an overview of ODU's History: e e 1' { .ainwu NO ( `WV. v1. .. ♦c• F I WO AI a/Mie '- n Ribbon Cutting.1999 f i A Rich History Little Neck Road,1988 , • ':988:Ooered or Little Neck Road• o ' 90:PA'and ceedec'.c ODU Real Estate Founda.i .E • 999:Moved to new cuilcing ��' • ODU,NSU&CVB together got the Commonwealths ? � aporova to cull::currentfaclity _111"ri1_ 1, 1 f,I I (Vl January 15, 2019 3 CITY COUNCIL'S BRIEFINGS OLD DOMINION UNIVERSITY—NURSING,HEALTH AND TELEHEALTHIN VIRGINIA BEACH ITEM#68800 (Continued) Here are the Investments in the 2000s: Investments in the 2000s • 2006-2008 Invested$2 million to create 25 new faculty and 5 new staff positions and$46,000 in renovations to support expansion of on-site �As academic,student success and co-curricular programming tom° • Rolled out select lower-division general education courses to support degrees—reached a capacity — of nearly 5,000 registrations on-site during fall and spring semesters • 2010 dedicated the Meyera Oberndorf Learning Commons including expansion to 41 student workstations&an array of student activities Meyera Obemdorf Learning Commons tth Between 2012-2017, there was a decrease in programs and students due to an increase in online courses: The migration online Number of Degree Programs • Fall 2012: Hi ieducat on Center I leadcount orolln,ert • 31 Undergraduate Programs g • 27 Graduate Programs zmu • Fall 2017 • 17 Undergraduate Programs 1,500 1,04 • 9 Graduate Programs 1. lull 0 Vet 20t3 a 411201 11FaU2015 ■Fall 2016 Fall 2017 trams+mir moon.rrMdplow*r rcarp (,1? January 15, 2019 4 CITY COUNCIL'S BRIEFINGS OLD DOMINION UNIVERSITY—NURSING,HEALTH AND TELEHEALTHIN VIRGINIA BEACH ITEM#68800 (Continued) In 2018, 19,351 Virginia Beach residents were enrolled in ODU's Undergraduate Program: Undergraduate Students There were 19,351 undergraduate ODU students enrolled in fall 2018. Of that group 18 6% had a Virginia Beach zip code as their permanent address. Undergraduate Students with VB ZIV Codes for Selected Fiograms:Fall 2018 Oruro• T.idstud.eb 991den91vah Pacant with_. V8 Zip Cod. VS Zip Code 138 22% 340 44 13% 3185 805 19% 2408 434 18% 1246 222 18% 1288 309 24% 858 137 16% 680 130 19% k. 849 94 14% 283 54 19% 'Nursing(135N end RN-BSN)only Includespre-Ioensure,postAcenwro or concurrent students. tt 1) Data courtesy of Office of Institutional Effectiveness and Assessment In 2018, 4,590 Virginia Beach residents were enrolled in ODU's Graduate Program: Graduate Students There were 4.590 graduate ODU students enrolled in fall 2018. Of that group 18 5% had a Virginia Beach zip code as their permanent address. GladStrriums will VE Zp codes for selected Piog!ams Fan 201E Dec.. r«ia stuQa+ts studoetS with Percentwith VS 1 Code V6 Zip Coda Y8/O14P 229 51 22% Ptysfod Thstetpy,OPT .. 125 24 19% 28 5 18% Cyte sacutlty,118- 14 4 29% 6 2 33% (0) Data courtesy of Office of Institutional Effectiveness and Assessment January 15, 2019 5 CITY COUNCIL'S BRIEFINGS OLD DOMINION UNIVERSITY—NURSING,HEALTH AND TELEHEALTHIN VIRGINIA BEACH ITEM#68800 (Continued) There is a total of 21,336 ODU Alumni residing in Virginia Beach: ODU Alumni in Virginia Beach I,; • ; 6 CITY COUNCIL'S BRIEFINGS OLD DOMINION UNIVERSITY—NURSING,HEALTH AND TELEHEALTHIN VIRGINIA BEACH ITEM#68800 (Continued) In 2012, ODU moved the Nurse Anesthesia Program to the Virginia Beach Campus. Anesthesia students graduate with a doctorate degree: "21 1 t 1._, -w.= / . 1 . •r - . , . lir Nurse Anesthesia • In 2012, ODU invested $107,000 to headquarter tlr: Median U.S Salary for School of Nursing's Graduate Program in Nurse Nurse Anesthetists Anesthesia-a program that recruits nationally and $157,140 meets regional needs 10, In 2018, the entire Nursing Program moved to the Virginia Beach Campus: 11. Nursing Expansion 2018 14 Standard Patient Assessment and + Telehealth training rooms r • Investment o`St 2M it Summer 18 • 10 classrooms converted to create a variety of instructional,assessment and office spaces • 53 additbnal facuity members and staff a 10 bed hospital ward • Space swap w'th NSU:3,885 sq.ft. ri t • Cu-rert building is near capacity 1.tV l 2 Telehealth Delivery Rooms r• • t , O I • January 15, 2019 7 CITY COUNCIL'S BRIEFINGS OLD DOMINION UNIVERSITY–NURSING,HEALTH AND TELEHEALTHIN VIRGINIA BEACH ITEM#68800 (Continued) The Telehealth Program began in 2010. This is a video conferencing, secure system that provides health care to those who cannot physically go to an office: )11N1 • — , Z I 1 o ,-ILIII 40 ' - ------i _. ...., ,„ I, , - Nursing Expansion 2018 s • Telehealth training • Inter-professional education&practice lir • Standardized patient training 10 • Enhanced simulation spaces for training nursing professionals (U, Student services have expanded to include a shuttle service, bookstore and food services: Expanding Student Services Established shuttle service ,.,..,..._,...,., owl __I -7 • --� • New bookstore and food services • Ability to expand our undergraduate Y nursing class from 64 to 80 in Fall 2019 ,r ("1 January 15, 2019 8 CITY COUNCIL'S BRIEFINGS OLD DOMINION UNIVERSITY—NURSING,HEALTH AND TELEHEALTH IN VIRGINIA BEACH ITEM#68800 (Continued) Here is an overview of Community Partners: ODU Telehealth training room ..4•• - p` z f. ►� g' City of Virginia Beach Housing Resource Center -- - Community Partners • HRSA ANEW grant application with CVB Human Services&CHKD • Jan 23 Project Homeless Connect—4 ODU programs including students&faculty will be on-site providing assessments and services Human tih •r Here are the Next Steps and Looking Forward: Next Steps and Looking Forward • Ongoing collaborates between many ODU programs and CVB Human Services • Establishing mcbi'e—and eventual y on-s to- Inter-professional PractCe&Educators C c (IPEC)within CVB • Expans'on of the Simulation Center • Establishment of a Center`or Substance f Abuse Prevention • Establishment of a Schoo:c`Public Healtf • Expans'on and develcoment c`graduate programs in F.Igh-deTanc health prc`ess.o. / Yv tl l; January 15, 2019 9 CITY COUNCIL'S BRIEFINGS OLD DOMINION UNIVERSITY—NURSING,HEALTH AND TELEHEALTHIN VIRGINIA BEACH ITEM#68800 (Continued) Questions and Discussion kir) Mayor Dyer expressed his appreciation to Dr. Agho for the presentation. January 15, 2019 10 CITY COUNCIL'S BRIEFINGS OPPORTUNITY,INC. ITEM#68801 2:20 P.M. Mayor Dyer welcomed Shawn Avery, President and CEO. Mr.Avery expressed his appreciation to City Council for their continued support. Mr. Avery announced Opportunity Inc. recently changed their name to Hampton Roads Workforce Council(HRWC): re pp 1 I i . Opportunity Inc. Hampton Roads'NMkfarce 0.+ebprasn Board HAMPTONROADS WORKFORCECOUNCIL www.vcwhamptonroads.org Council Member Kane, Deputy City Manager Ken Chandler and Virginia Beach Public School Superintendent Aaron Spence represent Virginia Beach on the HR WC Board of directors: Board of Directors . 4 _A - . f 14 . "t ' , # 7 : 'c.: 1.. ' tritit-1 -Y,Liv of) ) . -.k, , a i , 1 • January 15, 2019 11 CITY COUNCIL'S BRIEFINGS OPPORTUNITY,INC. ITEM#68801 (Continued) There are four(4)pillars within the Career Access Network: • Hampton Roads Workforce Development System HAMPTONROADS 4ini WORKFFORCECOUNCIL\ J • 999 (_ . .r... VIRGINIAj.• BUSINES( YOUTH VYouth CAREER WORKS 'Career — MITER p wVYemxeMae CAREER > 'NETWORK .. I ROADS 1 WORKFORCE FOUNDATION HRWC Business Services assisted 3,950 businesses and employers: SO AV3% �\I PA\ . v;.:BUSIum \NNES' FOR Incumbent workers Served 0 ®Employer Events Att odedlConduclad 3,950 Businesses& Employers Served On.the.Job Training Participants III HAMPTON ROADS INNOVATION GRANT ®small businesses in manufacturinghealth pre,construction.and IT participated Opdifferent training programa—all loading to an industry recognized credential ®workers received a wage increase within one veer of completing Irainog with en average ending hourly salary of$30.04 January 15, 2019 12 CITY COUNCIL'S BRIEFINGS OPPORTUNITY,INC. ITEM#68801 (Continued) Virginia Career Works assisted 9,721 customers,placing 495 in jobs earning a yearly average of $32,282: G�P1/40 ONNEG�\N CARVIRGINIA EER WORKS HAMPTON ROADS REGION VIRGINIA CAREER WORKS— HAMPTON ROADS REGION (FORMERLY THE ONE-STOP WORKFORCE CENTER) PROVIDED SERVICES FOR: 9,721 individual customers totaling 37,786 visits 764 individualized career services 674 new customers enrolled in training services placed 495 customers in jobs paying an average of $32,282. The Veterans Employment Center coordinated efforts with numerous partners and assisted 1,600 veterans: Hampton Roads VETERANS * EMPLOYMENT Center A PROUD PARTNER Of THE Amercanjobcenter'NETWORK More than 1 .600 Veterans Served 1 _ 4 -Transit onng from the military into the workforce can be a tumultuous . time Amway that veterans have the ability to visit this one stop shop and •EMPL 1 e all the resources and opportunmesavadable to them at theufrtgerhps { r' huge win for our veterans,for then tamtlies and for our area" • c s � 'ENIN '"_ GRAND OPE January 15, 2019 13 CITY COUNCIL'S BRIEFINGS OPPORTUNITY,INC. ITEM#68801 (Continued) The Veteran's Career Compass is a free service posting jobs for veterans: HAMPTON ROADS VETERAN'SCAREER CO M PASS Powered by f) Hampton.{Knack (.0 nniinny Fatmc 1tion WORKFORCE The Youth Career Center is located at TCC in Virgina Beach and worked with 7,765 participants: �NEXT Q° NV K�00- GEN Youth OPPORTUNITY INC. Career 4 YOUTH CENTER OF HAMPTON ROADS 7,765 Workshop/Programming Participants 1,705 Outreach Fairs Participants 80 Business and Organization Participants 25 Individuals Served as Mentors or Interns 84% Transition to Post-Secondary Education, Jobs, or Volunteer Experience Served Throughout the Year-Round Youth Programs January 15, 2019 14 CITY COUNCIL'S BRIEFINGS OPPORTUNITY,INC. ITEM#68801 (Continued) Here is an overview of Workforce Partners: 4.7— to— 1 Thank You To Our 2017-2018 Return on Workforce Partners Investment JEFF AINSLIE I WILLIAM AND SHARON NUSBAUM I EC WAREHEIM FOUNDATION In 1st Advantage �ninlon Bank of America ided Gd Urt O c.........,r...,m/ EIIlr9r pg I l Rotary "KBD9[OVP MILLILEN S M U L L E S A/P.4ea' IR[fRRI Ri SUNT Rusr !UM! =VIRGINIA roueoanor, IVNE BANK IMO UNIVERSITY O *j!fr1 � P(RfShontl NORF.&K Ni �',. .a....h ®ISLEOF WIGHT Cheake There are two (2) workforce development organizations in the region. HR WC has entered into a contract with the Greater Peninsula Workforce Board to collaborate together and speak as "one voice": THE SOUTHEASTERN VIRGINIA WORKFORCE REGIONAL COLLABORATIVE Powered by GREATER PENINSULA HAMPTONROADS 1111WORKFORCE BOARD WORKFORCECOUNCIL simminommiimmo 10 WORKFORCEW.(,L January 15, 2019 15 CITY COUNCIL'S BRIEFINGS OPPORTUNITY,INC. ITEM#68801 (Continued) On The Horizon... with Support from Virginia Beach ,1 HAMPTON,-)AI WORKFORCECOUNCIL HR WC received a grant to study the Employer/Education Alignment due to be complete in May 2019: Employer / Education Alignment Strategy NextGen Opportunity Fairs / Internships Industry and Education Tours Employer Internship Programs Entrepreneurship Programming Increased Business Services WFD Programs @ TCC Powered by WORKFORCECOUNCIL Mayor Dyer expressed his appreciation to Mr. Avery and the entire organization for their work. January 15, 2019 16 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 2:55 P.M. Mayor Dyer welcomed Mark Johnson, Director—Public Works and Brian Batton, Ph.D., CFM, Associate —Dewberry. Mr.Johnson expressed his appreciation to City Council for their continued support: Dewberry Virginia Beach Comprehensive Sea Level Rise and Recurrent Flooding Planning Study Policy Recommendations and City-wide Flood Protection Strategies January 15,2019 Here is the Agenda: e Dewberry Agenda • Project Overview • Hazards and Risk Recap • Adaptation Strategy Approach • Policy Document Overview • City-wide Structural Alternatives • Next Steps 2 �I 'a'l January 15, 2019 17 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Dewberry Project Overview 3 Here is an overview of two (2) Ongoing Studies to address coastal and stormwater flooding: Dowberrr Ongoing Studies Project Website: • Comprehensive Sea Level Rise htip;i/wwwvbl o-v.comjpwsLR and Recurrent Flooding Study _ _ • Assessing existing and future flood vulnerabilities across the City's four """•.•= unique watersheds - • Identifying strategies to ensure our ' ` - city is resilient to future flooding events - • Master Drainage Study • Detailed inventory of the City's stormwater system • Assessing the system's performance " • Identifying deficiencies or needed " tMimprovemens tenuir • 4 January 15, 2019 18 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is an overview of the Goal and Objectives of the Sea Level Rise(SLR)Study: V Dewberry Virginia Beach SLR Study Goal: Produce information and strategies that will enable Virginia Beach to establish long- term resilience to sea level rise and associated recurrent flooding Objectives: • Establish a full understanding of flood risk and anticipated changes over planning and infrastructure time horizons • Develop risk-informed strategies,including engineered protection and policy to reduce short and long-term impacts • Produce City-wide and watershed"action plans'for strategy implementation • Engage in public outreach process to advance resilience initiatives V Dewberry Study Approach 3.Implementation Planning the actions,"-` 2.Adaptation Strategies Tailoring the solutions 1.Sea Level Rise/Recurrent Flooding Impacts Defining the problem s January 15, 2019 19 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is the Timeline of Activities: •Dewberry- Timeline of Activities •S••• 2015 • 2016 2017 2018 2019 • Planning Study Progression Strategy Focus Synthesis • Scenarios • Grant award • Structural • Neighborhood • Conceptual • Hazard and risk Alternatives and site model assessment • City-wide alternatives • Essential analysis Concepts • Full Draft to inform design • Performance Adaptation • Down- Plan • Stormwater selection • Stakeholder coordination • Policy refinement outreach and • Policy menu and rankings input 7 •Dewberry- Hazards and Risk Recap t131,,"L'veliu �. a vat r January 15, 2019 21 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is the actual Observed Acceleration of Seal Level Change at Sewells Point: fll Dewberry Observed Acceleration Norfolk(Sewells Point),Virginia Boon etal.2018 — . R11.Rae 11/94:5.14 004/1,94, Acceleration:0 119 93.n/944e 0.67 0.49-1.6 ft -,.., 03 . --------"-- 031 02 .. •0' :. .:',,I...: . .. ..5 0 ....'F• .‘1 'i'.: '''.. '.4. ?,;,...., ••5.. -• - -i,. 1,• •.• • :• '900 1980 1090 2000 2010 2020 2030 2040 2030 Figure 1114.Relative sea level trends.Norfolk.Virginia.1969-2017 series 11 The study used the tax assessor database to determine the values of buildings and estimate the annualized losses during a flood event: 'Dewberry Impacts i iStIt' . .....,.........,—___ tit, tig ..„ ,_;- •,;.. • '4. 1. tOt:':;•.0, :is•k:1•00;:t„: t14' lk, t ii '1'—•-•1",;4;j-7- a-..t-CTI,td-raF: 4 - 12 January 15, 2019 22 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here are the estimated Annualized Losses if no preventative action is taken: •Dewberry Consequences of Future Without Action Annualized Losses(Millions) $300 $271 $250 $200 $150 $100 - $50 -- $50 1$12 $0 NimMii Baseline Scenario 1.5 ft SLR Scenario 3 ft SLR Scenario Compared to Today: 4x increase 23x increase 13 Here is the Spatial Distribution of Risk showing the baseline, 1.5 ft SLR and 3 ft SLR impacts: •Dewberry Spatial Distribution of Risk mow. �,�;, 1 a 2„ �,y2.#-r. .. ""„. it ' •f —' 1 .r ti ' Sis v. it I. mai{{ 1,_-__,_ ;,9I .. Ir 14 January 15, 2019 23 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Seven (7) "At-Risk"areas were identified: •Dewberry Focus Areas for Adaptation b. 0,. ,... r iris* 41 • V8%of City's Risk i ft,...,•0‘ 15 •Dewberry- Adaptation Strategies \ �7�s L w»a•..... 1s January 15, 2019 24 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) The Adaption Strategies are broken down into three(3)pillars: s Dwb.nT Adaptation Strategies Policy Design Protection Integrated Solution 131 NJ Wise r � 17 •Dewberry Policy Document Overview LevelAlY 18 January 15, 2019 25 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is the Policy Process spanning over the past three(3)years: I Dewberry Policy Process - -\'::7;,, sig AV slips ,,,<• L ndir ',...-1 Crow A �`~ A.d: •!.9n.11.11Cr Wnf� l%Gdas110111 e Action.. I.---- II= III- �� 3 7 1 4 III= 7.----",osurst New Restructured LaT Es , A•aft 2 19 Here is an overview of the proposed Policy Document: I Dewberry Policy Document •What it represents: Virginia Beach Sea Level Rise What l p Policy Adaptation Report • Guide:incs for ins.i li a• -t practices to reduce(prig-ten flood risk 11.1111116 - • Starting place for evaluation and ' �' i rio!ementation by City • U~:cue e ect on of City staff 'au.. De-spec:ve and prorities ; s , I • Not a prescriptive document to _ - � - be followed"to the letter" zo �. � January 15, 2019 26 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here are the seven (7)Policy Goals: s n..rb.rry Policy Goals* 1. Plan for a future with more frequent and intense flooding 2. Enhance the flood resilience of critical infrastructure and invest in capital improvements to reduce community flood risk 3. Enhance the flood resilience of buildings and neighborhoods 4. Protect and enhance the local economy 5. Preserve and enhance natural flood buffers and open space 6. Improve City coordination and responsiveness to community flood concerns 7. Advocate for changes in state and federal law and policy to incentivize,support,and fund local resilience implementation -A strategic wan to Achieve city councils Vision for the Future and 2017-2022 Cdv council Goays Nireal.evei W3•• * • 21 � Here is an overview of the Organization of the Policy Document: •n..rb.rrT Organization • Content: == sic::= fa • 7 gcais ��.�.._,___..... Page r • 175 action iters • Structure for Goals: • Cv ,:iev, ....... ...,++err.•..w. ww•, w•ry ry r,r..+•.•er.. • Objectives •~—• • Actions and Priority • 3enetits and Considerations =1S «m • Community Rating System opportunities • Implementation Examples mil e ! 22 January 15, 2019 27 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here are the Qualitative Ranking of Policy Actions: t Dewberry Qualitative Ranking of Policy Actions I 0 A .. •_� C �� A B zs D� QoD 3 2 1 4 e . ®— laws` rlat 23 City Staffprovided input for the rankings: •DIwbw F Ranking Responses: • Group rankings by: • Public Works. Planning, Public Utilities, Emergency Management, Parks and Recreation, Legal • Guidance was for input on items related to responsibilities and expertise • Over 2,400 inputs provided across the categories • Relative Rankings: Ranking Count Percentage Low 1 1% Med-low 40 22% Medium 38 20% Med-High 57 31% High 50 27% ��Seao Leve]Wise 24 January 15, 2019 28 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is an overview of the Implementation Vision: •Dewberry Implementation Vision • Administered and monitored by the Deputy City Manager SLR Working Group • Responsibility will be assigned for action items to City departments/staff • City staff will interpret and evaluate the action items and implement the action in general reflection of priorities • Implementation will occur after public comment 25 •Dewberry Informing Design 26 January 15, 2019 29 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here are a few of the sources used to better understand environmental conditions and incorporate the best information into the Sea Level Rise/Stormwater Design guidance: •Dewberry. Informing Design • Rainfall/surge correlation • >50%of rainfall events occur during elevated water levels • •Joint-probability of rainfall/storm surge • Concurrent rainfall/surge design values • Regional Precipitation Trends • Atlas 14 outdated • Heavy rainfall increasing,20%needed over ! �' design life cycle • Probable maximum event precipitation """""'`{{111{111{iil/'tilt • Design"check storm" •€t€-'- • Wind Tides i• • Water level response to wind tide conditions 27 • Minimum design tailwaters Here are some Stormwater Design Standard Outputs: •Dewberry- Stormwater Design Standard Outputs Table\T{1. D,4.R.i.hr Depths for flry.of Virginia Bead. 3111.4-.6.•44.11,411.4401.14401010 410.11 P..) 1.n 1...,n.,.,_uw_�,..n,.111 NOAA 1. a..l�... . ....r. �. 3316 1.40.44,41 64,44144 11 SI 4S II 14 165 16-V115.61 'Vel emu&cadre 12 31 41 SI /1 IS 61 45 17.•••; "' 6.16 11...666, MIR .w deem eqemoS Me see realeeme ef.„I A6 Mos Oman iWe VN.IA .11uA IrL5, G A.,11. ! _I�_'w 7,71=, 147 12 74 110 1. �••_ 4 44 140211.40$044144141444. 41441.111•41414•144.1114$404.414 .44 001.611=4:44.11101.41.:4 sre h, r. I i0.4 �▪.416.41111104 x.l.ywre.was 441_01.61,01 04IsO n .**=6"="0:4••••• 11see.,••rem ..1rrea r_r.r 4,4 .44111441144•43.41004 6 :4*n 1V Ia.L.4rleuir.Yr1 Ar�aM ••we r.n.M11M•1w� �Y•.�...1 28 January 15, 2019 30 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) •D•wb.rrr Structural Protection 29 The study identified several pathways flooding can occur in the City and developed flood risk alternatives: •u.wb.rrr Structural Flood Risk Reduction • Key Activities: ♦` • Investigate coastal flood • ; pathways a ' • Identify locations for flood risk a ••••• reduction • Develop flood risk reduction alternatives • Assess feasibility and performance • • Provide recommendations ` • 30 January 15, 2019 31 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) There are three(3)Structural Alternative Levels. Today's presentation is "City-Wide": •u..L.ert Structural Alternative Levels �`` .. mi i P • City-wide • ;PRESENTATION Prot « Neighborhood IN PROGRESS Site Cost: ins) 31 btllwwd. Here are the City-Wide Protection Alternatives: 9 Dewberry City-wide Protection Alternatives •Limitations: • High-level concepts •Alignments based on desktop analysis • Each alignment will have major impacts and concerns which are not captured in detail • C'a-age,Envirc-Terla -gaff c a-d Ci aila \ov gat()- Rea ReaEstate,Costs,Constructao ity,etc • Initial results today— final results pending 32 January 15, 2019 32 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is the Conceptual Process: Dewberry Conceptual Process COORDINATION WITH CITY r f Existing Data Development of Hydrodynamic Concept Design Collection and Ten Citywide Modeling of for Top Three& Site Assessment Alternatives Alternatives Preferred Alternative Design Cntena Model Mesh Development Concept Design Framework to Identify Site Evaluate Alternatives Model Cahbration/ Develop Mgh Level Constraints Validation Costs and Renders Site Specific Base Model simulation of Identify and Discuss Maps in CAD and alternatives Preferred Altemalwe GIS MulE-Disciplinary Provide Final Evaluation Reoommendatwn for Preferred Allem.. USE OF FEMA,USACE,STATE AND LOCAL STANDARDS AND REGULATIONS NBISea..l evnl W 33 r AS5.5 The next several slides provide examples of site conditions in different locations throughout the City: Dewberry. Lynnhaven Inlet Beachfront (East) Site Conditions • Area is located in FEMAcoastal VE zone with a BFE of 10'NAVD • Estuarine and marine wetlands located along the beachfront • Military property to the northeast and numerous private properties LypnMen along the beachfront "'° • Outfalls in vicinity of beach • Limited width for coastal dune `� levees • wr0 srau, j9rddaaimam, .'.grater Fmeaen wwwnd • Maximum high ground elevation sermiewe =�p„�, E,aanneu,,,,,e limited to-16'NAVD am MI Part Roean, Fedn&taeey Prapet, - F,eshttt voaayshrub World \131 Sea Level Wise S, 34 January 15, 2019 33 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) •Dewberry Lynnhaven Inlet Beachfront (West) Site Conditions • Area is located in FEMAcoastal VE zone with a BFE of 11'NAVD • Presence of Little Creek Channel ''kn along Va Beach/Norfolk border -raana ; a.e • Estuanne and marine wetlands ; g" '°'°�" sem' located along the beachfront . mss' £ • tb �1 • Military property to the west and '°� r -e ` f'� numerous private properties along 1 , -riot; . q.• the beachfront 711 - - Y PEE"ME=MN EWE*.'EM RtenM Frefewwtr FuefVSlpub Ml6uW • Outfalis in vicinity of beach . Luis orrm I I Wad,Poop:NO, r ,,esw,iar c amentwrma Snmfaww (�._'ParcNs Fsr�z:-e a Mame 4wtwnee • Limited width for coastal levees ottn r",:�Perk Properly • Maximum high ground elevation limited to-18'NAVD \431a.1/4-el!"- v ....„ 35 •Dewberry Lynnhaven Inlet Beachfront (East) Identification of Tie-In Locations for Alignment Development 10 E•rnm'o�e t`; uV to tabu ruvo �pYr 1 V' • • Iij +to19'N ' Brava wry -- Maximum igh round 14:6'NAVD - _... WeaLLevel3ie :. 36 ter January 15, 2019 34 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Dwebeerr Lynnhaven Inlet Identification of Tie-In Locations for Alignment Development 0 • ¢. yam e ruw NA o �d... ,r$ Maximum High t `7'1.7 37 DwwMrrr Lynnhaven Inlet Beachfront (West) Identification of Tie-In Locations for Alternative Development ina W Pi..... Nw.rner w T'a c CM1annal�• '..` � P 1e Naw a-'gt uwrt Conrren s 3 A � 'i } Maximum High Ground—14.5NAVD - 38 , a January 15, 2019 35 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is the Coastal Flood Protection Toolkit the study applied to site conditions: Dewberry- Coastal wberry- Coastal Flood Protection Toolkit czaimm Seawalls 1 * : • l064. 4Pit- - �„In-Waie�Js Gates '`�• 111 Inland Swing Gates -111 39 Here is a comparison of two (2)potential Design Flood Elevation (DFE)Alignments at Lynnhaven Inlet: •Dswb.rit Lynnhaven Inlet Comparison of 2 Potential Alignments @Mb 411212) r4 Dun. Y Duna wTp w Atlantic stanon � Ocean Optlon a-Ugnment Comp.ftwn(Reletive) DFE Criteria . Cort Real Estate ComYeelabllly . (N-NAND) Length(ft) Impact DFE A–Alignment /DFE A 16.5 24574 owe, Minimal lay e a DEEB–Alignment(extenei on) DFEe 160 37.354 Moderate few Mmderate4i Mo,etMllen{ingto �'— acgirsrtba Newte by flg lISea Level Wi se,,..ef 40 January 15, 2019 36 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) The team worked with Public Works to review site conditions and identify different combinations of alignment interventions in twelve(12) locations: Dewberry Putting the Pieces Together • Collaborative review of possible 'alignments • Identifying combinations of alignments - Le. • Culling options X31 ,age ala . Here are the identified location with two (2)eliminated due to the high cost and minimal results: Dewberry Conceptualized Alignment Locations 1 Lynnhaven Inlet 2. Long Canal � A 3 Upper West Branch Lynnhaven .. .74.1',„„ _ 0 *,.roe ._ 6. Lower East Branch Lynnhaven %.„ t ., 7. Rudee Inlet 8. Elizabeth River 9. West Neck Creek Bridge 10. Knotts Island 11. Sandbridge Road : � 12. Muddy Creek Road 'SWj,. 42 b..k»� January 15, 2019 37 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here are ten (10) Combinations for Evaluation: Dirierberrr Combinations for Evaluation Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5 r 44,1410. Alternative 6 Alternative 7 Alternative 8 Alternative 9 Alternative 10 • 00 _ 4 0 .0 43 The Model Evaluation used the Dutch Hydraulics Institute (DHI)MIKE21 for coastal flooding and MIKE FLOOD for stormwater flooding: e Dwrberrr Model Evaluation • DHI MIKE21 • Stormwater runoff via MIKE FLOOD • Tidal calibrated, validated • • 104100-yr surge forcing with/without 10-yr runoff - t1 " : • Structure implementation "'- • Flood depth benefits and w adverse impacts 44 January 15, 2019 38 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) This Model Evaluation of Flood Reduction shows the areas where flooding is completely removed as well as flood depth decreased: !Dewberry. Model Evaluation of Flood Reduction Areas where flooding completely of 4 removed Areas of flood reduction (flood depth decreased) FOR INFORMATIONAL PURPOSESt" r. ^^.a Initial values shown,currently under refs valS Ixvetwiae 45 sm..rw.rc c.a The Model Evaluation also identifies how alternatives can benefit or cause an adverse effect: Dewberry Model Evaluation Benefits and Impacts Areas of Benefit (reduced flood depth) . • `o c:.,..... a --. • �� Areas of Adverse Impact ..� '6 (increased flood depth) FOR INFORMATIONAL PURPOSES mom; Initial values shown,currently under o,mi refinement 46 ‘ac71. aLevei V. ,..a January 15, 2019 39 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) The Model Evaluation identifies the alternatives that should and should not be used: •Dewberry Conceptual Alignments 1. Lynnhaven Inlet 2. Long Canal ��' 3. Upper West Branch Lynnhaven —O ,: 4 4 p- -"o \O : m 6. Lower East Branch Lynnhaven '' 7. Rudee Inlet 8. Elizabeth River R .,' 9. West Neck Creek Bridge al. .. ' � ` ,, 10. Knetb Island m 11. Sandbridge Road 12. Muddy Creek Road NIES)SIeveJWse 47 � � O Dewberry Down-selection of Alternatives Alternative 1 Alternative 2 Alternative 3 Alternative 4 Alternative 5 iii'-.. .,, ri-r---s. `s'.. l,.- l- gi .41' s� �� o '. 7 '9? i 3 .. �`,n "�' X10 too,. , a :. Alternative 6 Alternative 7 Alternative 8 Alternative 9 Alternative 10 Lt. January 15, 2019 40 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is are comparisons of Alternatives 9a and 9b at Lynnhaven Inlet: •D..e.nT Down-selected Alternatives alcas Clir•Crillt.M.* ._. _ 9a 9b 49 Here is are comparisons of Alternatives 6 and 8 at Lynnhaven Inlet: •D.wbweer Down-selected Alternatives MCC 0 0 O 698.01210 0 - 0 e:.ss.s_v 0 0 .� , . al 6 - 8 50 January 15, 2019 41 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is are comparisons of Alternatives 2 and 4 at Lynnhaven Inlet: •D.wb.err Down-selected Alternatives �� 0 0 G 0 V 0 0 O 0 r.•-.r�. -�- 0 C.....80/4101111.010110 wow....... 51 This rendering provides the existing conditions at Lynnhaven Inlet: I Dewberry Renderings — Lynnhaven Inlet Rr :. u-[M� EXISTING CONDITIONS(ENLARGED) \S3 0Dewberry 1aa LYNNHAVEN INLET 52 January 15, 2019 42 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is Lynnhaven Inlet with a conceptual solution of installing sector gates and in-water moveable gates: t Dewberry Renderings — Lynnhaven Inlet 1,111410.11.MAT mow*mu COMMINATION GATE SOLUTION(ENLARGED) \.13• bei LYNNHAVEN INLET 53 Here is the bridge at Muddy Creek Road showing the existing conditions: •Dewberry Renderings — Muddy Creek Rd s =s n S fS f.1_1 • WOW CO. EXISTING CONDITIONS(ENLARGED VIEW) Dewberry cu;i MUDDY CREEK ROAD 54 January 15, 2019 43 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is the bridge at Muddy Creek Road with a conceptual solution of elevating the road and installing a miter gate: •D.Wwerr Renderings — Muddy Creek Rd MITER GATE(ENLARGED VIEW) •D•g•berry caw MUDDY CREEK ROAD 55 Here is an overview of how cost estimation was determined: •D.Wbssir Cost Estimation • Rough Order of Magnitude* • Utilized ArcGIS and AutoCAD -•r' — 1 �_ -. r • • Units costs from USACE, PIANC,etc. • Average parameters by unit _ _` length • Contingencies for: •, s • a Cors`.r.lct c i Cost — -- — --.--- • Scf.Costs , . ,,. • Escalation for future date of construction ® : 'Approximate equivalent to Association for the Advancement of Cost Engineering Class 5 estimate for conceptual engineering phase 56 January 15, 2019 44 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is a Summary of Alternatives using the Rough Order of Magnitude: •D.wb.rrr Down-Selected Alternative Summary SUMMARY OF ALTERNATIVES' CITYWIDE ALTERNATIVES ITEMS 2 4 6 8 9a Approximate Overall 33.8 34.5 33.0 26.1 11.1 Structure Length(miles) Flooded Area Reduction 27 28 23 24 18 (square miles) Mitigated Structures 45.5 43.1 40.1 36.5 27-13.8"' Sthousandsl_ Total Design 8 Construction Cost $3.79" $2.73" $2.77 $1.71 $2.81 Billion USD 2018 North North North North Adjacent Municipal Carolina, Carolina, Carolina, Carolina, Norfolk Areas Affected Norfolk, Norfolk, • `- Chesapeake Chesapeake Norfolk Norfolk FOR INFORMATIONAL PURPOSES Initial values shown,currently under refinement 'Values subject to change pending Mal modeling and cost adjustments for gate types "Cast includes flood beerier in Norfolk that benefits Vkginia Beach,Norfolk,and Chesapeake 57 '"'Final count to be determined from model runs Here is the Future With/Without Alternatives Annualized Losses: •D.wb.rry Future With/WithoutAlternatives Annualized Losses(Millions) $300 $271 $250 $200 $150 $100 $50 $12 $0 Baseline Scenario 3 ft SLR Scenario Losses without Project - Losses with Project Alternatives 58 January 15, 2019 45 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) Here is an overview of U. S. Army Corp of Engineers (USACE)Engagement: •Dewberry USACE Engagement • Goal: Federal cost share • How will work to date help? • Catalyst and justification • Allow deeper,broader study • Federal feasibility and environmental impact study needed • Debriefed alignment options to USACE in December • Formal request letter for study start provided January 11,2019 59 Here are the next steps: •Dewberry Next Steps City-wide • Finalize evaluation Z Projection cD Site/Parcel • Key opportunities C Strategies • Aggregate Benefits over Areas Neighborhood • Complete for 5 Protection locations cn Hybrid • What's the Alternatives best mix? Draft • Study Adaptation Synthesis Plan Review& Stakeholder Engagement 60 January 15, 2019 46 CITY COUNCIL'S BRIEFINGS SEA LEVEL RISE STUDY ITEM#68802 (Continued) I Dewberry Questions 61 ,. pa .. Mayor Dyer expressed his appreciation to Mr. Johnson and Dr. Batton for the presentation. January 15, 2019 47 CITY MANAGER'S BRIEFING INTERIM FINANCIAL STATEMENTS ITEM#68803 4:02 P.M. This presentation was rescheduled due to time constraints. January 15, 2019 48 CITY COUNCIL COMMENTS ITEM#68804 4:24 P. M. Mayor Dyer advised Council Member Moss is home from the hospital and is recovering. January 15, 2019 49 CITY COUNCIL COMMENTS ITEM#68805 (Continued) Council Member Wilson advised she and Council Member Jones met with the City Manager on January 10, 2019, to discuss the Francis Land House. Mr. Hansen sent an email to the members of the Francis Land House Foundation, Friends Group and Historic Preservation Commission asking they each come together and provide a recommendation that the house be shared, the first floor remain as is and the WWII Exhibit take over the basement and the second floor be used for offices. This will be a great opportunity for people to see how the house has changed over the different eras. Council Member Jones advised he's received calls from citizens since the meeting expressing their appreciation for the recommendation. January 15, 2019 50 CITY COUNCIL COMMENTS ITEM#68806 (Continued) Council Member Rouse asked if City Council has communicated to the public the different approach to coastal flooding and Stormwater flooding. Council Member Henley responded yes, the City has tried. Vice Mayor Wood agreed that it has been challenging to get the correct information out over the past six years of the on-going work. Mayor Dyer also agreed and asked City Council to continue to communicate the information during public engagements. Council Member Henley expressed her frustration knowing all the City has done and yet the information on social media gives the impression that the City has done nothing. January 15, 2019 51 AGENDA REVIEW SESSION ITEM#68807 4:31 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AUTHORIZE the City Manager EXECUTE a Lease of City-Owned Property for up to four(4)years at Virginia Beach Farmers Market to: a. S&H Produce,Inc., at Building 3, Space 13 b. Jesse B. Spry, t/a Holland Produce at Building 7, Space 5& 6 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Franchise Agreement for the use of portions of public right-of-way at Town Center re valet services 3. Resolution to APPROVE a non-binding term sheet, REQUEST APPROVAL by the Virginia Beach Development Authority(VBDA) and AUTHORIZE the development of definitive project documents re Dome Site Project 4. Resolution to PROVIDE City Council concurrence with the Sheriff's recommendation to proceed with a Comprehensive Agreement with R&S Corporation re Correctional Center Master Control Project 5. Resolution to AUTHORIZE the Mayor to EXECUTE a Sixth Amended Charter Agreement of the Hampton Roads Workforce Council formerly known as Opportunity, Inc. of Hampton Roads re workforce development 6. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Amendment to the Memorandum of Agreement(MOA)re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission 7. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as the canal within the Lagomar Subdivision at 901 Verano Court re construct and maintain bulkhead, new pier, boathouse with boatlift and timber wharf 8. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Harbor Canal at 2316 Spindrift Road re construct and maintain new bulkhead and mooring piles 9. Ordinances to ACCEPT and APPROPRIATE: a. $147,500 from the Virginia Department of Emergency Management(VDEM) to the FY2018- 19 Emergency Management Operating Budget re purchase two (2) antennas b. $386,250 from the Department of Justice to the FY2018-19 Virginia Beach City Public Schools (VBCPS) Operating Budget re purchase of school security equipment c. $1.8-Million from the Virginia Commonwealth Opportunity Fund to the FY2018-19 Economic Development Operating Budget re incentive award January 15, 2019 52 AGENDA REVIEW SESSION ITEM#68807 (Continued) 10. Ordinance to APPROPRIATE$16,151 to the FY2018-19 Emergency Medical Services(EMS) Operating Budget and AUTHORIZE Grants to the Rescue Squads re reimburse vehicle auction proceeds 11. Ordinance to TRANSFER$268,00 from the General Fund Reserve for Contingencies to the FY2018-19 Emergency Medical Services (EMS) Operating Budget re lifeguard services contract and AUTHORIZE the City Manager to EXECUTE a contract for Oceanfront lifeguard services with Virginia Beach Lifesaving Service (VBLS) ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#9c WILL BE CONSIDERED SEPARATELY ITEM#11 WILL BE CONSIDERED SEPARATELY January 15, 2019 53 AGENDA REVIEW SESSION ITEM#68807 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. WPL HOMES,INC./JO STALLARD WOOLLING HODGES for a Variance to Section 4.1(m)(1) of the Subdivision Regulations re re-subdivide property and create two (2)lots at 524 25`x'Street DISTRICT 6—BEACH 2. RAW ENTERPRISES, INC. & BRYAN and JUNE RAEHL/RUBY T.ARMENIOX for a Variance to Section 4.4(b)of the Subdivision Regulations re lot width at 1925 Gum Bridge Road DISTRICT 7—PRINCESS ANNE 3. SUBURBAN CAPITAL,INC./HYATT PLACE PEMBROKE,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance (CZO)re freestanding sign and building sign at 281 Independence Boulevard DISTRICT 4—BAYSIDE 4. GLENN MCDERMOTT/TOWN CENTER JEWEL,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance (CZO) re freestanding sign at 4452 Virginia Beach Boulevard DISTRICT S—LYNNHAVEN 5. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE 6. COASTAL VIRGINIA UNITARIAN UNIVERSALISTS/UNITARIAN CHURCH OF NORFOLK for a Modification of Conditions re religious use at 809 South Military Highway DISTRICT 2—KEMPSVILLE 7. ANTONIO AZEVEDO for a Conditional Change of Zoningfrom R-10 Residential to I-1 Light Industrial and R-10 Residential and a Conditional Use Permit re bulk storage yard at 311 S. Birdneck Road DISTRICT 6—BEACH 8. DAVID PAUL AURILLO for a Conditional Use Permit re home occupation at 5720 Attica Avenue DISTRICT 4—BAYSIDE 9. 6S DEVELOPMENT,LLC/RTR REAL ESTATE ASSOCIATES, TIDEWATER INVESTMENTS,LLC, and BRUCE RANOMSKI for a Conditional Use Permit re automobile service station at 1910 and 1924 Kempsville Road and 1909 Centerville Turnpike DISTRICT 1 — CENTERVILLE 10. Ordinance to AMEND Section 901 of the City Zoning Ordinance (CZO) re use regulations in the B-4K Business District 11. Ordinance to AMEND Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO re Definition,Requirements, and Use of Home Sharing and Short Term Rentals January 15, 2019 54 AGENDA REVIEW SESSION ITEM#68807 (Continued) ITEM#4 WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 5, 2019 ITEM#5 WILL BE CONSIDERED SEPARATELY AS APPLICANT REQUESTED WITHDRAWAL ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#11 WILL BE CONSIDERED SEPARATELY January 15, 2019 55 ITEM#68808 Mayor Robert M. Dyer 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 • Kempsville District LEGAL MATTERS: 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) • Latasha Holloway and Georgia All v. City of Virginia Beach et al. • VBCDC Audit 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 January 15, 2019 56 ITEM#68808 (Continued) Upon motion by Council Member Kane, seconded by Council Member Abbott, City Council voted to proceed into CLOSED SESSION at 4:47 P.M. Voting. 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R.Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss Break 4:47 P.M. —5:00 P.M. Closed Session 5:00 P.M. —5:55 P.M. January 15, 2019 57 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 15, 2019 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, January 15, 2019, at 6:00 P.M. Council Members Present: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss Ill INVOCATION: Reverend Michelle Louk Pastor, Heritage United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member 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 34th 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. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. January 15, 2019 58 Council Member 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 idents 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 Member Wilson's letter of June 2, 2015, is hereby made a part of the record. January 15, 2019 59 ITEM— VI-E CERTIFICATION ITEM#68809 Upon motion by Council Member Wilson, seconded by Council Member Kane, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 G1lt,15.,BE4 k ,,,,, n .. ,, ,-,,, •. '2 ,., ,,. ,., *,-AN. ---=' * OUR N 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#68808 Page 56 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. i 11 Ali Amanda Barnes,M City Clerk January 15, 2019 60 ITEM— VI-F MINUTES ITEM#68810 Upon motion by Council Member Kane, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of January 8,2019 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 61 ITEM- VI-G MAYOR'S PRESENTATION ITEM#68811 PROCLAMATION VIBE CREATIVE DISTRICT 2018 VOLUNTEER OF THE YEAR: Mayor Dyer welcomed Charles Powell and presented the Proclamation declaring him the "ViBe Creative District 2018 Volunteer of the Year" in recognition of his hard work and dedication to Virginia Beach's first arts district, which he cleverly named and has tirelessly supported for the last four years, creating a new cultural attraction and an authentic, small business community for citizens and visitors of the City. Mr. Powell accepted the Proclamation and expressed his appreciation to City Council for their continued support. January 15, 2019 y r 6 Gy%i.„40 i e ri „. op OUR NA1 to ttamatto it Whereas: The City of'Virginia Beach adopted the'ViBe Creative District ordinance in April'2015 to encourage the growth of small focally-owned creative businesses and new pub&art 6y focal artists; Whereas: The naming of Virginia Beach's first arts district was created with the help of local business owner and interior designer Charles Powell; a founding member of the Friends of the Creative District business association support group; Whereas: 'ViBe, which stands for Virginia Beach, is now a name of nation-wide renown having appeared on Jeopardy in September 2018;and Whereas: Virginia Beach citizen Charles Powell encourage the early growth and organization of the'ViBe Creative District, which has witnessed over 30 new businesses opening, significant private development, the addition of over 100 works of art throughout the district and over 250 positive press mentionedfor the'Virginia Beach Arts community. Now Therefore, I p6ert M. (Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim: Charas Powell-the1iBe Creative District 2018 'oCunteer of theYear In Virginia(Beach,in recognition of his hard workand dedication to'Virginia Beach's first arts district, which he cleverly named and has tirelessly supported for the fast four years, creating a new cultural attraction and an authentic,small-business community for our citizens and visitors of our City. In Witness Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, 'Virginia, to 6e affvred this fifteenth Day of January, Two F 'Thousand andNineteen. Y4 I 6 1 4 4G94°°° W96ert M. "Bobby"Dyer >' ' Mayor 62 ITEM- VI-H.1 a/b PUBLIC HEARINGS ITEM#68812 Mayor Dyer DECLARED A PUBLIC HEARING: 1. LEASE OF CITY PROPERTY—FARMER'S MARKET a. Building 3, Space 13 to S&H Produce b. Building 7, Space 5& 6 to Holland Produce There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING January 15, 2019 63 ITEM- VI-H.2 PUBLIC HEARINGS ITEM#68813 Mayor Dyer DECLARED A PUBLIC HEARING: 2. CITY OWNED PROPERTY— Town Center Parking Franchise (Valet Services) The following registered to speak: Reid Greenmum, 2405 Cliff Cutter Drive, Phone: 222-1443, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 15, 2019 64 ITEM- VI-I FORMAL SESSION AGENDA ITEM#68814 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council APPROVED, BY CONSENT,Agenda Items:la/b,4,5, 6, 7,8,9a/b,and 10 and Planning Agenda Items:1,2,3,4(DEFER TO FEBRUARYS, 2019), 6, 8, 9, and 10 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard,Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss ORDINANCES/RESOLUTIONS: ITEM J.2 WILL BE CONSIDERED SEPARATELY ITEM J.3 WILL BE CONSIDERED SEPARATELY ITEM J.9c WILL BE CONSIDERED SEPARATELY ITEM J.11 WILL BE CONSIDERED SEPARATELY PLANNING ITEMS: ITEM K.4 WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY S, 2019 ITEM K5 WILL BE CONSIDERED SEPARATELY AS APPLICANT HAS REQUESTED WITHDRAWAL ITEM K7 WILL BE CONSIDERED SEPARATELY ITEM K11 WILL BE CONSIDERED SEPARATELY January 15, 2019 65 ITEM— VLJ.la ORDINANCES/RESOLUTIONS ITEM#68815 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager EXECUTE a Lease of City-Owned Property for up to four(4)years at Virginia Beach Farmers Market to: a. S&H Produce,Inc., at Building 3, Space 13 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 4 3 YEARS WITH S&H PRODUCE, INC., FOR CITY- 4 OWNED PROPERTY KNOWN AS BUILDING 3, 5 SPACE NUMBER 13 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, S&H Produce, Inc. ("S&H Produce"), would like to enter into a new 13 lease with the City for Building 3, Space Number 13 in the Farmers Market, consisting 14 of approximately 960 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of local fresh vegetables 17 and fruits, local honey, Virginia peanuts, fresh eggs, and related items, and for no other 18 purpose; and 19 20 WHEREAS, S&H Produce has agreed to pay the City an initial rental rate of 21 $627.20 per month ($7,526.40 per year) for the use of the Premises. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for up to 4 years 27 between S&H Produce and the City for the Premises, in accordance with the Summary 28 of Terms attached hereto as Exhibit A and made a part hereof, and such other terms, 29 conditions or modifications as may be acceptable to the City Manager and in a form 30 deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of 33 January , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ka6 ) i / X City Attorney Public orks/ cilities M a ement CA14203 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d029\p026\00448396.doc R-1 January 4, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR BUILDING 3, SPACE NUMBER 13 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: S&H Produce, Inc. PREMISES: Building 3, Space Number 13, consisting of approximately 960 square feet TERM: Initial Term — February 1, 2019 — January 31, 2022 (3 years) Renewal Term 1— February 1, 2022 — January 31, 2023 (1 year) RENT: Initial rent of $627.20 each month totaling $7,526.40 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of local fresh vegetables and fruits, local honey, Virginia peanuts, fresh eggs, and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO S & H PRODUCE, INC. Space Number 13, in Building 3, consisting of approximately 960 square feet DAM NECK RD .b _ - .L ./'/ //� %• —=w.� `. ' � 4_1moi- - - it // /'``� a x i 55 . r . j as : " / // i 20 '2111201171112e51141131121111101 11111 1,11$1514 1N. j. / F N Pringx•: r+ �; F.liQ F:?y' \ • 1 • 5 4 3 2 1 y �� \` BItlg.4 N / / �✓ ! •0 N t2 U t4 t3 ti� �44111‘. MEW I. b \ * a ____. . . • _, .. .... _______ ..., , _1 1 ..:,. ..., ----- 11:1 7.? \\\\ 0 i 4 will ei =it NI /\/\.i 4PN N. Mt II3 r■.■ IL 66 ITEM— VLJ.lb ORDINANCES/RESOLUTIONS ITEM#68816 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager EXECUTE a Lease of City-Owned Property for up to four(4)years at Virginia Beach Farmers Market to: b. Jesse B. Spry, t/a Holland Produce, at Building 7, Spaces 5& 6 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard,Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 4 3 YEARS WITH JESSE B. SPRY, T/A HOLLAND 4 PRODUCE, FOR CITY-OWNED PROPERTY 5 KNOWN AS BUILDING 7, SPACE NUMBERS 5 & 6, 6 IN THE VIRGINIA BEACH FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, Jesse B. Spry, t/a Holland Produce ("Holland Produce"), would like 13 to enter into a new lease with the City for Building 7, Space Numbers 5 & 6 in the 14 Farmers Market, consisting of approximately 980 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of local produce, herbs, 17 honey, eggs, Virginia peanuts and related items, and for no other purpose; and 18 19 WHEREAS, Holland Produce has agreed to pay the City an initial rental rate of 20 $627.37 per month ($7,528.44 per year) for the use of the Premises. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for up to 4 years 26 between Holland Produce and the City for the Premises, in accordance with the 27 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 28 other terms, conditions or modifications as may be acceptable to the City Manager and 29 in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of 32 January , 2019. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM 9 Public WorKs/Facili es City AttorneyManagement CA 14205 \\vbgov.com\dfs 1\applications\city)aw\cycom32\wpdocs\d031\p014\00449026.doc R-1 January 4, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR BUILDING 7, SPACE NUMBERS 5 & 6 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Jesse B. Spry, t/a Holland Produce PREMISES: Building 7, Space Numbers 5 & 6 consisting of approximately 980 square feet TERM: Initial Term — February 1, 2019 — January 31, 2022 (3 years) Renewal Term 1— February 1 , 2022 — January 31, 2023 (1 year) RENT: Initial rent of $627.37 each month totaling $7,528.44 for the first year, subject to five percent (5%) annual rent escalation for successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of local produce, herbs, honey, eggs, Virginia peanuts and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO JESSE B. SPRY, T/A HOLLAND PRODUCE Space Numbers 5 & 6, in Building 7, consisting of approximately 980 square feet • te / R. 201 11I gl17116 15,to 171!`11110 11$ t 716,5 a f 4— A.Pat ni+41011 //� �\ axnn ..1z lr j `fl sp c aae 1 W \CC '\ t0 7 6 5 d 1 2 1�'",r �� Z _ ti44 BIdq.4 �,+f Z S „„....s,....,.,,„x. Q � w s<w .aas,roars R II 10 11 12 13 14 15 16 17 , + W �!1/1 orr / ,► ,. ® Fes. fl �,:5' i ✓_/' U / 4- \`• % \Restaura -- I t / ./.. \ _ I \ o _ , I ' 1 LSI 1 " \ 1 - .„--_, N ... u C7 r: i _____ a l 7 L ' ' , o , 00 \ A f ..-9 4001/4 \ 14 ---> ... i \ \ I''\ \-,_.. ____ ed Amy 110'4' ....Ark / I r • v ,� // / \ 4%. \ "Li r :, us I l i tom` / 1 , r 67 ITEM-VI-J.2 ORDINANCES/RESOLUTIONS ITEM#68817 The following registered to speak: Reid Greenmum, 2405 Cliff Cutter Drive, Phone: 222-1443, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED Ordinance AUTHORIZE the City Manager to EXECUTE a Franchise Agreement for the use of portions of public right-of-way at Town Center re valet services Voting: 8-2 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Shannon DS Kane, David Nygaard, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott Aaron R. Rouse Council Members Absent: John D. Moss January 15, 2019 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A FRANCHISE 3 AGREEMENT FOR THE USE OF PORTIONS 4 OF PUBLIC RIGHT-OF-WAY AT TOWN 5 CENTER FOR VALET SERVICES 6 7 WHEREAS, the Town Center Project (the "Project") is an ongoing priority of the 8 City of Virginia Beach (the "City"); 9 10 WHEREAS, on September 19, 2018, City staff issued a request for proposals to 11 find a provider of valet services and to formalize the approval of the use of public 12 property for the provision of valet services at the Project (the "RFP"); 13 14 WHEREAS, the proposals received in response to the RFP were evaluated, and 15 City staff has determined that the proposal submitted by East Coast Valet Company, 16 LLC, a Virginia limited liability company ("East Coast"), would be the most 17 advantageous to the City; and 18 19 WHEREAS, City staff recommends awarding a franchise for valet services at 20 Town Center to East Coast (the "Franchise Agreement"). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a 26 Franchise Agreement with East Coast, in accordance with the Summary of Terms 27 attached hereto as Exhibit A and made a part hereof, and such other terms, conditions, 28 and modifications as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 32 of January , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7- di anning & I o munity City Attorney Developmen SGA CA14421 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d030\p028\00521489.doc R-1 January 2, 2019 EXHIBIT A SUMMARY OF TERMS TOWN CENTER —VALET FRANCHISE AGREEMENT FRANCHISOR: City of Virginia Beach FRANCHISEE: East Coast Valet Company, LLC PREMISES (VALET AREA): 1) Five (5) parking spaces on Commerce Street between Central Park Avenue and Market Street 2) A portion of the pick-up/drop-off area on Market Street in front of McCormick & Schmick's Seafood 3) Associated space on the sidewalk adjacent to the parking areas listed above for signage and valet equipment TERM: Three (3)years (2/1/19 through 1/31/22), with two (2) one- year renewal options FRANCHISE FEE: $25,000 annually (payable in monthly installments of$2,083.33) RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use the Premises for the provision of valet services, and for no other purpose, between 5:00 p.m. and 12:00 midnight daily. • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Indemnify the Franchisor for any and all damages to persons and property in connection with the performance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. • Pay all applicable personal property and leasehold taxes. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon thirty (30) days' written notice, for any reason. Cr ■ I- t-■ U3■ z ■ ...) 1 \L __'..,._ ______// ____ ".__— _ " / CENTRAL P 1 - ' r 00- a CENTRAL PARK AVE 100- 179 (17: ' 1) 0 I Mr ,4 ® ....--'-7-y-- � v 01 CO W Y 0 z 2 a2 a U 1 I .}' Z MARKET ST 200 -249 \-14'472MARKET ST 120- 199 O -- W -61 roc a V � - W 0 s _ J i \Q 111 • ■ • • / ■ ■ / 'I.' y ■ - S i _ e 1---_,,--.:2_ • I ■ ■ i o • ' __. 1 ' i i . U' I A ay f 1, , v Y W Q ■ i� I 68 ITEM-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#68818 The following registered to speak: Mike Culpepper, Venture Developer, 1081 19`''Street, Phone: 491-1990, spoke in SUPPORT Russel Lyons, 3612 Atlantic Avenue, Phone: 757-422-1801, spoke in SUPPORT BJ Baumann, 308 Mediterranean Avenue, Phone: 422-5654, spoke in SUPPORT Mark DesRoches, 2901 South Lynnhaven Road#400, Phone: 498-3000, spoke in SUPPORT Barrett Stork, 1341 Crossways Boulevard, Phone: 757-473-9897, spoke in SUPPORT George Alcaraz, 508 Southside Road, Phone: 620-8040, spoke in SUPPORT Billy Almond, 242 Mustang Trail#8, Phone: 431-1041, spoke in SUPPORT Tony Pellino, 899 Vanderbilt Avenue, Phone: 633-5330, spoke in SUPPORT Ken Hunt, 809 Greentree Arch, Phone: 621-1063, spoke in SUPPORT Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605 spoke in OPPOSITION Mary Linn, 676 Bottino Lane, Phone: 716-8008, spoke in OPPOSITION Reid Greenmum, 2405 Cliff Cutter Drive, Phone: 222-1443, spoke in OPPOSITION Joe Belec, 605 Barberton Drive, Phone: 348-5543, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dwayne Appleton, 1807 Mediterranean Avenue, Phone: 679-5126, spoke in SUPPORT Arnetta Spike, 1076 Rolling Point Court, Phone: 285-7847, spoke in SUPPORT Tommy Cerja, spoke in SUPPORT Gerald Daniels, 5900 West Hastings Arch, Phone: 472/9785, spoke in SUPPORT Ron Taylor, 1076 Rolling Point Court, Phone: 237-5257, spoke in SUPPORT Aric Martinez, 4467 Ocean View Avenue, Phone: 510-2222, spoke in SUPPORT Robert Waring, 1141 Orkney Drive, Phone: 438-3591, spoke in SUPPORT Charles Powell, Phone: 377-2621, did not respone Wes Laine, 526 Virginia Dare Drive, Phone: 630-6055, spoke in SUPPORT Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION Edward Walls, 800 Archway Court#203, Phone: 452-8648, spoke in SUPPORT Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Marlayne Castelluzzo, 5189 Stratford Chase Drive, Phone: 735-1163, spoke in OPPOSITION Upon motion by Council Member Nygaard, seconded by Council Member Wilson, City Council ADOPTED Resolution to APPROVE a non-binding term sheet, REQUEST APPROVAL by the Virginia Beach Development Authority(VBDA)and AUTHORIZE the development of definitive project documents re Dome Site Project January 15, 2019 69 ITEM-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#68818 (Continued) Voting: 9-1 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott Council Members Absent: John D. Moss January 15, 2019 1 RESOLUTION APPROVING A NON-BINDING TERM 2 SHEET RELATING TO THE DOME SITE PROJECT, 3 REQUESTING APPROVAL BY THE CITY OF 4 VIRGINIA BEACH DEVLOPMENT AUTHORITY AND 5 AUTHORIZING THE DEVELOPMENT OF DEFINITIVE 6 PROJECT DOCUMENTS 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 10 have engaged in extensive negotiations with representatives of Venture Waves, LLC, a 11 Virginia limited liability company (the "Developer"), and its affiliates, regarding the 12 development of the former Dome Site; 13 14 WHEREAS, the proposed project is a development arrangement between the City, 15 Authority and the Developer, for a mixed-use commercial development at the oceanfront, 16 consisting of office, retail, residential, entertainment, recreational and parking uses (the 17 "Project"); 18 19 WHEREAS, the Developer and City staff have worked to develop a non-binding 20 term sheet dated December 21, 2018 (the "Term Sheet"), which outlines the 21 comprehensive development plan for the Project; 22 23 WHEREAS, the proposed Term Sheet was provided to City Council January 4, 24 2019, and a copy of the Term Sheet is attached hereto as Exhibit A; 25 26 WHEREAS, the obligations of the Authority outlined in the Term Sheet will be 27 supported by a support agreement between the City and the Authority (the "Support 28 Agreement"); 29 30 WHEREAS, the Support Agreement obligations would be structured to be paid, 31 subject to annual appropriation, by the available revenue from the TIP Fund; 32 33 WHEREAS, the City Council finds that the Project will stimulate the City's 34 economy, increase public revenues, enhance public amenities and further the City's 35 development objectives for the oceanfront area of the City; and 36 37 WHEREAS, the City Council desires that the Authority approve the Term Sheet 38 and pursue the development of definitive project documents to be negotiated in 39 substantial conformity with the terms outlined in the Term Sheet, including, but not 40 limited to a development agreement and the Support Agreement. 41 42 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 1. That the City Council approves the Term Sheet between the Authority and 45 the Developer, a summary of which is attached hereto as Exhibit A and made a part 46 hereof. 47 2. The City Council requests and recommends that the Authority adopt a 48 Resolution consistent with this Resolution approving the Term Sheet and authorizing its 49 execution. 50 51 3. On behalf of the City of Virginia Beach, the City Manager and the City 52 Attorney are hereby authorized and directed to proceed with the development of 53 definitive documents necessary and appropriate to implement the Project substantially 54 as outlined in the Term Sheet. 55 56 4. The City Manager is directed to present the proposed final definitive 57 project documents, including the Support Agreement, to City Council for approval after 58 the Authority has considered such documents, and to authorize the Authority to execute 59 the Support Agreement and proceed with the Project. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day 62 of January , 2019. APPROVED AS TO CONTENT: APPROVED AS,OtEGAL' SUFFICIENCY: City Manager City A ttorney CA14421 \\vbgov.com\dfs t\applications\citylaw\cycom32\wpdocs\d002\p030\00530612.doc 1/8/19 R-1 EXHIBIT A December 21, 2018 DOME SITE REDEVELOPMENT TERM SHEET The City of Virginia Beach Development Authority(the"Authority") issued a Request for Qualifications(RFQ)for the development of approximately 10.5 acres known as the "Dome Site". The Dome Site consists of three(3)blocks of approximately 3.2 acres each located on 19th St., an additional 0.70 acres parcel at the corner of 18th St. and Arctic Ave., and a portion of 19th Street between Pacific Ave. and Arctic Ave. (the "Property"). The Property is shown on Exhibit A, attached hereto. Representatives of Venture Waves, LLC (or its assigns) (the "Developer") submitted its qualifications to the Authority on January 4, 2017. The Authority elected to exclusively negotiate with the Developer on November 21,2017.The Authority and the Developer executed an Exclusive Dealing Agreement, dated February 1, 2018, as amended. As set forth below, the Developer proposes the development of a mixed-use development project consisting of office, retail, residential, entertainment, recreational and parking uses. The Developer has requested the Authority and the City of Virginia Beach (the "City") to publicly participate in the Project (defined below) primarily in the form of the acquisition of the entertainment venue,parking facilities and certain additional improved public spaces. In addition, the Developer has requested TDFP participation and a performance grant in an amount necessary to achieve a financeable return on cost. These forms of participation will allow the Developer to address public parking needs, provide public amenities and dramatically enhance the density and quality of development, consistent with the City's vision for the Dome Site. This Term Sheet is an outline of terms. Moreover,this Term Sheet is not,nor is it intended to be, an offer, an acceptance, or a binding agreement of any kind. To the contrary, this Term Sheet is only a summary of the basic terms of a possible transaction, which may be agreed in principle only. Although this Term Sheet identifies many of the material issues, any possible transaction is complex and issues may arise during preparation and negotiation of definitive documentation that have not been discussed in this Term Sheet. Accordingly, legal obligations among the parties will only be as specified in any definitive agreements that ultimately may be approved by City Council, the Authority's Board of Commissioners and the Developer's principals, and executed by all of the parties. Any and all obligations of the City and the Authority are subject to appropriation of sufficient funds to meet those obligations by the City Council of the City of Virginia Beach. Additionally, none of the parties to this Term Sheet are under any obligation or duty to attempt to negotiate a transaction or any related documentation or, if such negotiations commence, to continue such negotiations. Nonetheless, by approving this Term Sheet, each party indicates its belief that this Term Sheet can form the basis for a transaction and their respective willingness to commence negotiation and preparation of definitive documentation toward that end. 1 December 21, 2018 1. Project Description: The Developer intends to ground lease the Property from the Authority for a term of 60 years for$1.00 per year, subject to two 20-year extensions based on Project performance at Developer's discretion. The Developer will submit its leasehold interest in the Property as the Declarant to create a leasehold condominium regime pursuant to the Virginia Condominium Act. The Developer's Declaration of Condominium, By- laws, Plats and Plans will be mutually agreeable to the Authority and the Developer. The condominium regime will consist of multiple condominium units, certain common elements and certain limited common elements. The Developer intends to retain title to certain condominium units in the name of the Developer or in affiliated entities and intends to convey title to certain condominium units to the Authority and/or the City. The Developer intends to construct a mixed-use development project containing multiple buildings and use categories generally as described below. The parties intend the Project to be constructed on the Property but may consider adjacent parcels if acquired. The following elements will constitute the "Project": a. Entertainment Venue: The "Entertainment Venue" shall be a state-of-the-art music and entertainment facility to accommodate approximately 3,500 patrons. b. Parking Facilities: The "Parking Facilities" shall include approximately 1,900 parking spaces located throughout the Project. c. Commercial Facilities: The "Commercial Facilities" shall include a mix of retail, experiential retail, attractions, surf park, food and beverage facilities and office uses. d. Residential Facilities: The "Residential Facilities" shall include attached multifamily dwellings located throughout the Project. e. Streetscapes: The "Streetscapes" shall include upgraded hardscapes and landscapes, pedestrian areas,pedestrian bridges and other features customarily found in a first-class urban mixed-use development. 2. Developer Obligations. The Developer will construct, or cause to be constructed, all elements of the Project. All components above are subject to mutual collaborative refinement. The Developer's construction of the Project shall comply with the City Council's Small Business Enhancement Program. In addition, the Developer acknowledges the City Council's 10%minority subcontractor goal and will work with the City to identify and use minority subcontractors to the extent commercially reasonable. 3. City/Authority Participation. In order to satisfy the City's expressed need for additional public parking,the City's expressed desire for a 3,500 person capacity entertainment venue 2 December 21, 2018 and additional family-friendly entertainment offerings, and the expressed aspiration to provide a higher level of development quality, high quality entertainment and a mix of retail and restaurant components, the Authority will enter into several agreements with the Developer to facilitate the development of the Project. They are described below: a. To satisfy the expressed need for additional public parking, the Developer shall construct and sell to the Authority, and the Authority shall purchase from the Developer, the Parking Facilities pursuant to a Condominium Parking Unit Purchase Agreement in form and substance mutually satisfactory to the Authority and the Developer. The Authority shall provide funding for the design, development and construction of the Parking Facilities on a pay-as-you-go basis. The Authority will pay actual costs based on design and a guaranteed maximum price contract proposal obtained through a mutually acceptable competitive process,currently programmed for $30,000.00 per space with design and pricing to be finalized in the pre-development period described below. Inclusive in the Authority's costs shall be a Development Fee for the Parking Facilities equal to 2%of the total cost for same. This fee will be payable on mutually agreeable terms. The Authority shall operate and collect revenues from the parking facilities contained therein in the same manner as other publically-owned parking facilities at the Oceanfront. The Authority shall grant to the Developer a mutually agreeable parking license wherein the Developer, or its successors and assigns, shall have the exclusive right to use a designated number of parking spaces throughout the Project, with the locations and cost of such Parking License to be established in the development documents. b. To satisfy the expressed desire for a 3,500 person capacity entertainment venue, the Developer shall construct and sell to Authority, and the Authority will provide funding for the design, development and construction of the Entertainment Venue on a pay-as- you-go basis. The Authority will pay actual costs not to exceed $30,000,000 with pricing established by design and a guaranteed maximum price contract proposal obtained through a mutually acceptable competitive process and finalized in the development documents. Inclusive in the Authority's costs shall be a Development Fee for the Entertainment Venue equal to 2% of the total cost paid by Authority. This fee will be payable on mutually agreeable terms. Prior to completion of the Entertainment Venue, the Authority shall enter into a lease with Oak View Group ("OVG") and/or its affiliates, in which OVG shall lease and operate such venue on terms to be mutually negotiated among the parties. OVG shall contribute a minimum of$5,000,000 to the cost of the Entertainment Venue with OVG's contribution made pro rata throughout the design and construction period. 3 December 21,2018 c. To satisfy the expressed aspiration to provide a higher level of development quality, the Authority shall provide funding for the design, development and construction of the Streetscapes. Such amount shall be paid to the Developer on a pay-as-you-go basis for actual costs not to exceed $7,500,000. The Developer shall agree that the Project will be subject to a special assessment established pursuant to a Special Services District ("SSD"), which will pay for certain enhanced services at the Project, and for maintenance and upkeep of all Streetscapes. The SSD rate will be set by City Council after consultation with the Developer during the pre-development period described below.The Developer shall reserve the exclusive right to service all areas of the Project for concessions, umbrellas, cabana service, food and beverage service, and all other vending or services comparable to the operation of a mixed-use development of this quality, subject to applicable permits and licenses. d. To satisfy the expressed aspiration to provide high quality entertainment, experiential retail with a mix of retail and restaurant components,the City and Authority have agreed to provide or cooperate with certain incentives (collectively,the"Incentive") consisting of(i) assisting the Developer in qualifying for Tier II TDFP financing contemplated by Va. Code Section 58.1-3851.2 ("TDFP"), with the City's additional %2 percent share coming from the TIP Fund, and(ii)providing an annual performance grant in an amount when added to the TDFP sufficient to yield a total Incentive of up to $5,000,000 per year for twenty years (the "Performance Grant")based on the integrated project scope,with a development budget currently estimated at $227,500,000. Other than as described below,the Performance Grant will be payable solely out of tax revenues generated by the elements of the Project owned by Developer and otherwise payable to the TIP Fund. The Performance Grant will be payable quarterly in arrears. e. During the first three years of stabilization(meaning the first 3 years after substantial completion of the Project as described above), it is anticipated that Developer may not generate sufficient Net Operating Income, which when combined with TDFP and the Performance Grant amount,to attain a Return on Cost of 10%. To address this potential shortfall,the parties will agree to increase the Performance Grant to achieve Return on Cost of 10%in stabilized years 1-3 with a corresponding reduction in the Performance Grant in the final three years. During this period, in addition to the revenues identified above, Developer shall receive credit for the value of all taxes paid at the Project,provided that such amounts shall be paid by the TIP Fund and not the General Fund. f. To satisfy the expressed aspiration for a pedestrian-oriented cohesive development project, with the features described above, the City has authorized the transfer of title 4 December 21, 2018 of the Project to the Authority.After approval of this Term Sheet the City and Authority will consummate that transaction and the Authority shall apply to the City for (i) the administrative reclassification of the use of the Eighteenth Street right of way between Arctic and Pacific Avenues, and (ii) conditional closure of Nineteenth Street between Arctic and Pacific Avenues. 4. Next Steps a. Public briefing of Term Sheet on January 8, 2019 b. Public Comment and City Council vote on Term Sheet on January 15, 2019 c. Authority vote on Term Sheet on January 15, 2019 d. Development of definitive,binding documents. Included in the documents will be a "pre-development period"where the parties will agree to jointly fund design of the Project to allow definitive pricing to be attained. At execution of definitive documents(which will follow additional public outreach and a vote by both City Council and the Authority) the parties will have agreed on guaranteed maximum price contracts and the Authority's audit and cost verification rights for all elements of the Project being constructed and a competitive bidding process for the construction work paid for by the Authority. The parties will also agree on a plan of finance for the Project. e. At the time of execution of the definitive documents, the Authority and City will enter into a support agreement whereby the City agrees to fund the Authority's obligations for the Project. 5 Iv_ •psi ` __---=— tocl,VE v.,-e-, • • • \ V.s S ' _ __-- • • N a • •••f• _ . f •s •�i.•• Ate' • r�AµS4C AVE �- • f f • f 1 te- f ,.---3 -- • f • f r f ..... .rr` -r- f f • . iQ �� • 4-_f f• • j Y f.0�..c � 4f f • • .---\ I ---- _ . . \ \\400,000ogisowesosionowoloo...............t.---- , • • •r • rili seergiresasso.--- 11. , ,......___ ito ______. • r S r I ,ter • • _,___ ____ ,_ a\ ,. ' ________3 ..._ Irn • Z _� ARCtIG AVE _.\_________ AR��c pv �J = • F' ' J-- J N \ . - atirE=\�-- _ o rut + 1` yt •_� • t rz- = r rf 1\- J i r ______ , ii.__.1,____:___\ ul • f 4 1 f• �f • _ j 1 \---- __A. \-------1 4 `�J E____A ___ ..y i___.______-----\\ U------- - rA- ;1\ n fl• • 4 _ ‘— _ p A�S4G AVE ___ • ._....„1.____ n VE i •______ gp;��ttG A 1 • .A,,, .T,c,,,, . ....,_ ep.,_ . ., . - _ \ .__ • . _ • • • ______--- 1 C�_`� k . ,c______ �plZ4C AVE j rk. -^ r y i r • • _ ti, _ t \-------- 4. will — .., •--A- \___ A\ ______LA • \\ Ys Y•f N7...._\_. . S r _ __ • �� l N _ \ it f.. • • 70 ITEM-VI-J.4 ORDINANCES/RESOLUTIONS ITEM#68819 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Resolution to PROVIDE City Council concurrence with the Sher?ff's recommendation to proceed with a Comprehensive Agreement with R&S Corporation re Correctional Center Master Control Project Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 A RESOLUTION PROVIDING COUNCIL CONCURRENCE 2 WITH THE SHERIFF'S RECOMMENDATION TO PROCEED 3 WITH A COMPREHENSIVE AGREEMENT FOR THE 4 CORRECTIONAL CENTER MASTER CONTROL PROJECT 5 6 WHEREAS, the City Council has provided appropriation sufficient for the 7 anticipated design build contract for the Correctional Center Master Control project (the 8 "Project"); 9 10 WHEREAS, the Sheriff has elected to proceed with the Public-Private Education 11 Facilities and Infrastructure Act of 2002 (the "PPEA") for the procurement of a design 12 builder for the Project; 13 14 WHEREAS, the PPEA requires the appropriating body to review a proposed 15 comprehensive agreement prior to execution 16 17 WHEREAS, the City Council has been briefed regarding the material terms of the 18 proposed comprehensive agreement 19 20 WHEREAS, the City Council conducted a public hearing to allow public input on 21 the Project 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH VIRGINIA THAT: 25 26 Having been informed of the material terms of the proposed Comprehensive 27 Agreement for the Correctional Center Master Control Project, the Council provides its 28 concurrence with the Sheriff's recommendation to proceed with the Comprehensive 29 Agreement with R & S Corporation for the Design and Construction of the Correctional 30 Center Master Control System. Adopted by the City Council of the City of Virginia Beach, Virginia, this].5th day of January , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ke;'*#117.Y° Sheriff's Office —eify Attorne s Office CA14597 R-1 December 19, 2018 Correctional Center Master Control Upgrades CIP 3-523 PPEA RFP for the City of Virginia Beach Exhibit B Correctional Center Master Control Upgrade Cost Proposal Form Contract # PWCN-18-0060 Description Correctional Center Master Control Upgrades Design, Engineering, permits $237,020.00 General Requirements/General Conditions $322 493.00 Access Control system $37,014.00 Intercom and Speakers $264,060.00 IP Camera System $1,109,181.00 Integrated Control System $224,384.00 Electronic Cell Door Control $679,602.00 Utility Control $130,541.00 Master Control Renovations $50,801.00 Master Control Furnishing Fixtures & Equipment $152,412.00 Master Control Floor Panels $23,474.00 Master Control Improved Lighting and Sound $35,802.00 Touchscreen Workstations $823,607.00 Audio Recording for 60 days $24 422.33 Subtotal $4,114,813.33 Owner's 5% Contingency $205,740.67 Total Master Control $4,320,554.00 RFID System Guardian RFID System $741,885.90 Owner's 5% Contingency $37,094.10 Total RFID $778,980.00 Design Build Contract Total $5,099,534.00 CP- 1 71 ITEM-VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68820 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE the Mayor to EXECUTE a Sixth Amended Charter Agreement of the Hampton Roads Workforce Council formerly known as Opportunity, Inc. of Hampton Roads re workforce development Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 A RESOLUTION AUTHORIZING THE MAYOR TO 2 EXECUTE A SIXTH AMENDED CHARTER 3 AGREEMENT OF THE HAMPTON ROADS 4 WORKFORCE COUNCIL (FORMERLY KNOWN AS 5 OPPORTUNITY INC. OF HAMPTON ROADS) 6 7 WHEREAS, by Charter Agreement dated July 1, 1974 ("Charter Agreement"), the 8 Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the 9 Counties of Isle of Wight and Southampton joined together to create the Southeastern 10 Tidewater Area Manpower Authority, for the purpose of administering the Comprehensive 11 Employment and Training Act of 1973; 12 13 WHEREAS, the Charter Agreement was amended, effective October 1 , 1983, to 14 reflect, among other things, that programs previously administered under the 15 Comprehensive Employment and Training Act of 1973 ("CETA") had been undertaken by 16 the Job Training Partnership Act of 1982, the successor legislation to CETA; 17 18 WHEREAS, the Charter Agreement was amended a second time, effective 19 January 1, 1985, to change the name of the joint exercise from the Southeastern 20 Tidewater Area Manpower Authority to the Southeastern Virginia Job Training 21 Administration; 22 23 WHEREAS, in 1998, Congress adopted the Workforce Investment Act ("WIA") to 24 replace the Job Training Partnership Act, and the Charter Agreement was amended a 25 third time, effective January 1 , 2000, to make it consistent with the WIA; 26 27 WHEREAS, the Charter Agreement was amended a fourth time, effective July 1, 28 2001, to make additional changes to comply with the WIA and to rebrand the joint exercise 29 as Opportunity, Inc. of Hampton Roads; and 30 31 WHEREAS, the WIA was amended and reauthorized as the Workforce Innovation 32 and Opportunity Act of 2014 ("WOIA"), and the Charter Agreement was amended a fifth 33 time, effective July 1, 2015, in order to bring it into conformance with the WOIA; and 34 35 WHEREAS, to better communicate Opportunity Inc.'s role as the regional 36 convener of workforce development, the Hampton Roads Workforce Development Board 37 recently announced the retirement of the Opportunity Inc. brand name and will now 38 operate as the Hampton Roads Workforce Council, so the Charter Agreement needs to 39 be amended a sixth time to in order to accommodate this change. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 That the Mayor is hereby authorized to execute, on behalf of the City of Virginia 45 Beach, the "Sixth Amended Charter Agreement of the Hampton Roads Workforce 46 Council, Formerly Known as Opportunity, Inc. of Hampton Roads," a copy of which is 47 attached hereto as Exhibit A and incorporated by reference, with an effective date of 48 January 1 , 2019. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 15th day of January , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office') CA14593 R-1 January 3, 2019 FIFTH SIXTH AMENDED CHARTER AGREEMENT OF THE HAMPTON ROADS WORKFORCE COUNCIL, FORMERLY KNOWN AS OPPORTUNITY INC. OF HAMPTON ROADS THIS FIFTH SIXTH AMENDED CHARTER AGREEMENT ("Agreement") is made this first day of January, 2019,164-y7 2015, by and between the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton, pursuant to the authority granted by Section 15.2-1300 of the Code of Virginia, 1950, as amended. Whereas, effective July 1, 1974, the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton joined together to create the Southeastern Tidewater Area Manpower Authority, now known as Opportunity Inc. of Hampton Roads ("Opportunity Inc."), as a joint venture; and Whereas, effective October 1, 1983, January 1, 1985, January 1, 2000 July 1, 2001, and July 2015 the participating jurisdictions amended the Charter of Opportunity Inc. in certain respects; and Whereas, the participating jurisdictions desire to amend the Charter of Opportunity Inc. a fifth-sixth time consistent with applicable provisions of the Workforce Innovation and Opportunity Act of 2014 ("WIOA"), as may be amended from time to time, and to reaffirm the Charter in all other respects. NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: 1 . I he consortium chartered the 1st day of July, 19/4, by the Cities and Counties signatory thereto as Opportunity Inc. of Hampton Roads shall, effective, January 1, 2019, be named the Hampton Roads Workforce Council. 2. - Inc.The Hampton Roads Workforce Council shall exist indefinitely, subject to dissolution by agreement of the governing bodies of the participating jurisdictions. 3. 0pec#unity Inc.The Hampton Roads Workforce Council shall have for its purpose the provision of workforce development services in accordance with the provisions of the WIOA as may be amended from time to time, or any future legislation of similar import and applicability, and shall serve as the grant subrecipient. 4. Oppert -JThe Hampton Roads Workforce Council shall be governed by a Workforce Development Board duly appointed in accordance with the WIOA, as may be amended from time to time, and by the collective direction of the Chief Local Elected Officials ("CLEO") of each participating jurisdiction. 5. Opportunity, tno The Hampton Roads Workforce Council is hereby authorized and empowered: (a) To adopt policies and procedures for the regulation of its affairs and the conduct of its business; (b) To maintain an office at such place or places as it may designate; (c) To sue and be sued; (d) To accept grants and gifts from the participating jurisdictions, the Commonwealth of Virginia, the Federal government or any other governmental body or political subdivision, and from any individual, corporation, partnership, association or other entity; (e) To enter into contracts with the Federal government, the Commonwealth of Virginia, any political subdivision, or any agency or instrumentality thereof, or with any individual, corporation, workforce investment board, partnership, association or other entity providing for or relating to the furnishing of workforce development or related services; (f) To employ such staff and to retain such legal or professional representation as may be deemed necessary, and to prescribe their powers and duties and fix their compensation, within the approved budget; (g) To make and enter into all contracts and agreements necessary or incidental to or desirable for the performance of its duties and the execution of its powers hereunder; provided, however, that contracts or agreements for the borrowing of money shall be subject to obtaining the express written consent of each participating jurisdiction; (h) To do all acts and things necessary or convenient to carry out its purposes, consistent with the provisions of WIOA, as may be amended from time to time, or any future legislation of similar import and applicability. 6. .The Hampton Roads Workforce Council shall be funded by governmental grants and private contributions as set forth in section 4(d) above and shall conduct a financial and compliance audit annually in accord with all applicable rules and regulations. 7. The fiduciary liability for funds shall be vested in the participating jurisdictions on a percentage basis determined by comparing the amount of actual utilization of workforce development services by a participating jurisdiction to the total utilization of such services by all participating jurisdictions during the fiscal year pertaining to any such liability. The percentage shall be determined by using, as the numerator, the number of participants served during such fiscal year from a particular participating jurisdiction, and, as the denominator, the total participants served during such fiscal year from all participating jurisdictions. 8. Any participating jurisdiction may withdraw from this Agreement as of the last day of June in any year, provided it gives written notice thereof to all of the other CLEOs prior to the first day of March preceding the date of withdrawal. 9. All real and personal property to be used for the purposes set forth above shall be acquired and held in the name of Opportunitythe Hampton Roads Workforce Council. Upon the dissolution of Oppv-tnc.the Hampton Roads Workforce Council, all of its assets and property, both real and personal, tangible and intangible, shall be disposed of by the participating CLEOs in accordance with applicable law, as well as those rules and regulations as may have been properly promulgated by such Officials. IN WITNESS WHEREOF, the parties hereunto have set their signatures and seals as of the day and year first written above. Signature Appear on the Following Page. ATTEST: CITY OF CHESAPEAKE City Clerk Mayor Date ATTEST: CITY OF FRANKLIN City Clerk Mayor Date ATTEST: ISLE OF WIGHT COUNTY County Clerk Chair, Board of Supervisors Date ATTEST: CITY OF NORFOLK City Clerk Mayor Date ATTEST: CITY OF PORTSMOUTH City Clerk Mayor Date ATTEST: SOUTHAMPTON COUNTY Clerk Chair, Board of Supervisors Date ATTEST: CITY OF SUFFOLK City Clerk Mayor Date ATTEST: CITY OF VIRGINIA BEACH City Clerk Mayor Date 72 ITEM-VI-J.6 ORDINANCES/RESOLUTIONS ITEM#68821 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Amendment to the Memorandum of Agreement (MOA) re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE AN AMENDMENT TO THE 3 MEMORANDUM OF AGREEMENT TO CONTINUE THE 4 HAMPTON ROADS REGIONAL WATER QUALITY 5 MONITORING PROGRAM BETWEEN THE CITY OF 6 VIRGINIA BEACH AND THE HAMPTON ROADS PLANNING 7 DISTRICT COMMISSION 8 9 10 WHEREAS, in March 2014, the cities of Chesapeake, Hampton, Newport News, 11 Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; and the Town 12 of Smithfield; and the counties of Gloucester, Isle of Wight and York; and the James City 13 Service Authority ("the Localities"), entered into a Memorandum of Agreement with the 14 Hampton Roads Planning District Commission ("HRPDC") concerning the monitoring of 15 stromwater at a regional level and to measure the amount of nutrient and sedimentation 16 from specific land uses in Hampton Roads; and 17 18 WHEREAS, the amendment will continue HRPDC's coordination of the water 19 quality monitoring program required by the City's Municipal Separate Storm Sewer System 20 (MS4) permit until the expiration of the new six (6) year term; and 21 22 WHEREAS, the amendment will estimate the annual cost of the program to be 23 $77,917, less than the five (5) prior years: and 24 25 WHEREAS, it is in the best interests of the City and its residents and businesses to 26 amend the 1st Amendment to the 2014 Memorandum of Agreement. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized and directed to execute, on behalf of 32 the City of Virginia Beach, the First Amendment to Memorandum of Agreement pertaining 33 to the Regional Water Quality Monitoring Program, a copy of the original MOA Agreement 34 is hereto attached and a copy of which is on file in the City Clerks' Office. Adopted by the City Council of the City of Virginia Beach on the 15th day of January , 2019. Approved as to Content: Approved as to Legal Sufficiency: Public Works epartment City Attorney's Office CA14517 R-2 December 20, 2018 2 AMENDMENT TO CONTINUE THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM THIS FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (the "Localities") and the Hampton Roads Planning District Commission ("HRPDC") (this "First Amendment"), effective this day of , 2019, amends the original Memorandum of Agreement among the parties dated March 1, 2014 (the "Agreement"). The Localities and HRPDC shall be referred to jointly as the "Parties." RECITALS: WHEREAS, by its terms, the Agreement terminates on March 4, 2019, and the Parties wish to amend the Agreement and extend its term prior to its termination; and WHEREAS, the Parties agree to amend the Agreement and continue their arrangement as outlined herein. AGREEMENT Now, THEREFORE, WITNESSETH, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the Parties agree as follow: 1. Recitals. The foregoing recitals are incorporated by reference as if fully set forth herein. 2. Amendments. The Agreement is amended pursuant to the following modifications. a. Page 1, "BASIC PREMISES," delete the last sentence of the first paragraph and replace it with "The current permit was renewed in 2016 and will continue through 2021, at which time there will be another permit renewal." b. Page 3, "LOCAL GOVERNMENT RESPONSIBILITIES," delete the third bullet in its entirety. c. Page 3, "METHOD OF FINANCING," delete the first sentence of the first paragraph and replace it with "Program costs will be divided equally among the Localities, and the annual cost to each Locality for each year of the six-year term of this First Amendment is estimated at $77,917." d. Page 3, "DURATION AND TERMINATION," The original five year term will expire on March 1, 2019, and the Agreement will renew for a six year term ending March 1, 2025. e. All references to "this Agreement" shall be replaced with "this First Amendment." 3. Remaining Terms. Unless otherwise specified herein, the remaining terms and conditions of the Agreement remain in full force and effect. [SIGNATURES APPEAR ON FOLLOWING PAGES] 2 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM THIS FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (the "Localities") and the Hampton Roads Planning District Commission ("HRPDC") (this "First Amendment"), effective this day of , 2018, amends the original Memorandum of Agreement among the parties dated March 1, 2014 (the "Agreement"). The Localities and HRPDC shall be referred to jointly as the "Parties." RECITALS: WHEREAS, by its terms, the Agreement terminates on March 4, 2019, and the Parties wish to amend the Agreement and extend its term prior to its termination; and WHEREAS, the Parties agree to amend the Agreement and continue their arrangement as outlined herein. AGREEMENT Now, THEREFORE, WITNESSETH, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the Parties agree as follow: 1. Recitals. The foregoing recitals are incorporated by reference as if fully set forth herein. 2. Amendments. The Agreement is amended pursuant to the following modifications. a. Page 1, "BASIC PREMISES," delete the last sentence of the first paragraph and replace it with "The current permit was renewed in 2016 and will continue through 2021, at which time there will be another permit renewal." b. Page 3, "LOCAL GOVERNMENT RESPONSIBILITIES," delete the third bullet in its entirety. c. Page 3, "METHOD OF FINANCING," delete the first sentence of the first paragraph and replace it with "Program costs will be divided equally among the Localities, and the annual cost to each Locality for each year of the six-year term of this First Amendment is estimated at $77,917." d. Page 3, "DURATION AND TERMINATION," delete the term of "five (5) years," and replace it with "six (6) years." AMENDMENT SIGNATURE PAGE IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office October 2018 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office October 2018 MOA FOR THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM EXPIRES MARCH 2019 MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL WATER QUALITY MONITORING PROGRAM This Memorandum of Agreement ("Agreement") is entered into this First day of March, 2014 by and among the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, and Virginia Beach (individually, the "Locality;" collectively, the "Localities") and the Hampton Roads Planning District Commission ("HRPDC"). WHEREAS, Sections 15.2-4200, et seq. of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the Localities, in common with several other local governments in the region, have acted, pursuant to Sections 15.2-4200, et seq. of the Code of Virginia, to establish the HRPDC; and WHEREAS, the HRPDC has been requested and has undertaken various studies to support local government stormwater management programs, including compliance with Virginia Stormwater Management Program ("VSMP") and the Municipal Separate Storm Sewer ("MS4") Permits; and WHEREAS, the Localities have requested the HRPDC to coordinate a regional water quality monitoring program; and NOW, THEREFORE, in consideration of the premises, mutual covenants, and obligations contained herein, the Localities and HRPDC hereby enter into this Agreement for the purposes of establishing and maintaining the Hampton Roads Regional Water Quality Monitoring Program. BASIC PREMISES The Localities initially received Virginia Pollutant Discharge Elimination System ("VPDES") Permits in 1996. Those permits, which were renewed in 2001, govern the discharges from the individual Locality's MS4s to waters of the state and impose certain operational and reporting requirements on those systems. These permits are renewable on a five (5) year basis, and the Localities applied for renewed permits in 2005. The Localities continue to operate programs under administratively continued permits. Permit renewals are expected in 2014. The Localities are interested in monitoring stormwater in a manner which quantifies the nitrogen, phosphorus, and sediment loads associated with specific land uses in Hampton Roads. The objective of the Regional Water Quality Monitoring Program is to collect data at a regional scale that will accurately measure the amount of nutrient and sediments delivered to waterways by the local MS4 systems. The data would be submitted to the February 2014 1 Virginia Department of Environmental Quality ("DEQ") and/or the Chesapeake Bay Program for updates to improve the accuracy of existing computer models, provide a basis upon which to administer local stormwater programs with a greater degree of precision, and improve action plans to meet the Chesapeake Bay total maximum daily load ("TMDL") and other local TMDLs for impaired waters. The Regional Water Quality Monitoring Program is based on a five-year work plan with acquisition of monitoring equipment and services amortized over the entire term of the initial program. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the HRPDC staff is responsible for the following: • Provide technical support related to water quality monitoring issues to local government staff. • Provide the necessary administrative, technical, and clerical resources to support program activities. • Prepare an annual budget for the Hampton Roads Regional Water Quality Monitoring Program. • Assist the signatories in coordinating communication on monitoring activities to state and federal agencies to ensure that program goals are met. • Take steps, in conjunction with the Localities, to obtain financial support for program activities from outside sources, including federal, state, and private grants, to the extent that this objective may be accomplished without creating a conflict of interest, as determined by the Localities. • Contract with the Hampton Roads Sanitation District ("HRSD") and the United States Geological Survey ("USGS") to provide sampling and data analysis required by the regional program. • Provide the raw data from all monitoring devices directly to the Localities. • Prepare annual program reports, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the Localities. • Facilitate the use of the monitoring data in the local TMDL studies being prepared through the DEQ and the United States Environmental Protection Agency and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region, if requested. February 2014 2 LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of the Agreement, the Localities are responsible for the following: • Appoint a representative to serve on the steering committee for the Regional Water Quality Monitoring Program to represent the local government stormwater and water quality related concerns. • Provide timely technical review of HRPDC analyses and conclusions. • Provide input on monitoring site selection and land use characterization to support HRSD's sampling and USGS data analysis. • Provide annual funding to support the agreed-upon regional program, subject to appropriation. METHOD OF FINANCING Program costs will be divided equally between the Localities, and the annual cost to each Locality for each year of the five year term of this Agreement is estimated at $84,000. Local contributions may be increased above this annual estimate to reflect program needs only upon modification of this Agreement. Financial support from other entities, such as federal and state agencies, and the private sector, may be sought and obtained to support the activities of the Hampton Roads Regional Water Quality Monitoring Program, to the extent that this financing effort may be accomplished without creating a conflict of interest, as determined by the Localities. AVAILABILITY OF FUNDS Performance by the HRPDC of its responsibilities under this Agreement is subject to the availability of funding from the Localities. The Localities' failure to provide the necessary funding to support these activities will constitute a Notice to Modify or Terminate the Agreement. MODIFICATIONS Modifications to this Agreement must be submitted in writing, approved by the HRPDC, and accepted by all signatories. DURATION AND TERMINATION This Agreement will have a term of five (5) years, extending from the date of full execution of the Agreement by the signatories. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject February 2014 3 to annual appropriations. Any signatory may terminate its participation in the Hampton Roads Regional Water Quality Monitoring Program by written Notice to Terminate to all other parties. Such termination will be effective with the start of the following fiscal year. Depending upon the terms of individual MS4 permits, termination of participation in the Hampton Roads Regional Stormwater Management Program in the middle of a permit term may result in changes to permit conditions and require renegotiation of the individual locality's MS4 permit from DEQ. OWNERSHIP OF PROPERTY It is not the intent of the signatories that this Agreement will result in the purchase, ownership, leasing, holding, or conveying of any real property, other than those real property rights necessary for the location of the monitoring equipment. At the option of the locality, the equipment paid for by the Localities will be the property of the locality in which the equipment is located. INDEMNITY It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to discharge its duties or to exercise due diligence in discharging its duties under this Agreement, and that no signatory, by entering this Agreement, waives any defenses or immunities available to it at law, including, but not limited to, those set forth in Section 15.2-970 of the Code of Virginia. It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to comply with the terms and conditions of the signatory's MS4 permit. SEVERABILITY If any provision in this Agreement is determined by a court of competent jurisdiction to be invalid and unenforceable, then the remaining provisions shall survive and remain valid and enforceable. DISPUTE RESOLUTION AND APPLICABLE LAW This Agreement shall be governed, interpreted and enforced by the laws of the Commonwealth of Virginia. In the event of a dispute between any parties arising out of or related to the Agreement, the parties agree to submit any cause of action to mediation upon consent of all necessary parties, or, to a court with competent jurisdiction located in the corporate limits of one of the member Localities. February 2014 4 LIST OF SIGNATORIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF HAMPTON CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF PORTSMOUTH CITY OF VIRGINIA BEACH HAMPTON ROADS PLANNING DISTRICT COMMISSION This listing of participants will be followed by individual signature pages. February 2014 5 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. HAMPTON ROADS PLANNING DISTRICT COMMISSION By: ZI.J3741-441"-^ Date: 07/1 �O-/J 1 Date: 31,1 I`�)t February 2014 6 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. Y OFC ESAPEAKE ; • 112:011 Date: 7/A/7/ Date: "r /1 0,6 ki �1 !.Attest. _ _•1 .G ASTO FONA February 2014 7 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF HAMPTON By: 1./6L-L,.. r , >� Mary B. Buntin , City' Manager Date: Y/r Attest: Clerk of Council CITY OF HAMM ONS OFFICE OF THE CITY ATTORNEY Date: `--6\ Approved as to legal Corm and sufficiency Date: D'1 . 31 j4 4111 Attorney Approved as to Content: /11 Department of Public Works February 2014 8 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NEWPORT NEWS By: n4f,86°C(4)- - ity Manager Date: LI fill IL( ATTEST: APPROVED AS TO FORM: Attila- . i& / , ._:: _ , City Clerk ".124-441-4-1111frit City Attorney Date: 4) -,/A/ /,. February 2014 10 • . ILI v TNgS$':THPREOF, tie duly.,,autiloriZe4 Chief AdminJisttAtive:_:0?ficier :of':tie:: ' ,L.ocDtI s :end the Executi1e Diteotor of. the Hainpton -Roada .Pianning D s'riot.` :': .. .Coilirriis ivri Horeb .Qxofoufo, .s Agre6rn nf:: . CITY OF NOtEQLK • ;. : :Ci:ty.•Clerk.. . Approved:as to Form•-&Correct. ess ••• . . Cynthia B. Hall.De. y :A •orney: • ::.. .:::.... .: :: '. -:: • :. • • • .... . ..... ....... .. . .... Februaiy.2-0:`t.4 ....._ ..,...14-.: ...:-.............. ........•... IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF PORTSMOUTH By: �Jtil,�,. �. ��w-t 4► Date: mA2444 i4, 20 14- Date: 3/0//4 • Attest: _JM - \OIL& February 2014 9 IN WITNESS THEREOF, the duly authorized Chief Administrative Officer of the Localities and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: ► :(35\1)'t. Date: J- ` ,o 1 Z-© ( q Date: I a aaiti Attest: I.. A i' c'J 0'444/i 1 I(art--1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r 2 D-•- ment of Public Works 7 Attorney's Office February 2014 12 73 ITEM-VI-J.7 ORDINANCES/RESOLUTIONS ITEM#68822 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as the canal within the Lagomar Subdivision at 901 Verano Court re construct and maintain bulkhead, new pier, boathouse with boatlift and timber wharf DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as the canal within the Lagomar Subdivision at 901 Verano Court re construct and maintain bulkhead, new pier, boathouse with boatlift and timber wharf (GPIN 2424020707)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity,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. 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. January 15, 2019 74 ITEM-VI-J.7 ORDINANCES/RESOLUTIONS ITEM#68822 (Continued) 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 8. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00,per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO 4 AUTHORIZE TEMPORARY 5 ENCROACHMENTS INTO A 6 PORTION OF CITY PROPERTY 7 BY GARY W. FINKBEINER AND 8 LORRAINE S. FINKBEINER 9 10 WHEREAS, Gary W. Finkbeiner and Lorraine S. Finkbeiner desire to 11 remove an existing pier, maintain the existing bulkhead, and to construct and maintain a 12 new pier, boathouse with boatlift and timber wharf within a portion of City Property, a 13 canal within the Lagomar Subdivision known as GPIN: 2424-02-4573, located at the rear 14 of 901 Verano Court, in the City of Virginia Beach, Virginia; 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 right-of-way 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 §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gary W. Finkbeiner and 25 Lorraine S. Finkbeiner, their heirs, assigns and successors in title are authorized to 26 remove an existing pier, to maintain an existing bulkhead and to construct and maintain 27 a new pier, boathouse with boatlift and timber wharf within a portion of City Property as 28 shown on the map entitled: "Exhibit "A" — Encroachment for Gary W. & Lorraine S. 29 Finkbeiner 901 Verano Court Lagomar-Section 6, Phase 3 Part C Lot 250 MB 242 P60 30 GPIN: 2424 02 0707", dated November 6, 2018, and prepared by Chesapeake Bay Site 31 Solutions, Inc., a copy of which is attached hereto as Exhibit A, and on file in the 32 Department of Public Works and to which reference is made for a more particular 33 description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and Gary W. Finkbeiner and Lorraine S. Finkbeiner 38 (the "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court 40 of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Gary W. Finkbeiner and Lorraine S. Finkbeiner and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on this 15th day 49 of January , 2019. CA14404 R-1 PREPARED: 10/08/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d008\p034\00509138.docx APP :VED AS TO CO►TENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: .� /l BLIC CORKS, REAL ESTATE DA IA R. ARMEYER SENIOR CITY ATTORNEY 2 This site plan is based on deed recorded in I (CVB) MB 242 P 60 and was prepared APO #3 N/F JEFFREY MILLER without the benefit of a title search. I 2408 BRASILENO DRIVE LAGOMAR—SECTION 6, PHASE 3 o „ S qq. PART B LOT 232 \` 10'00' W M.B.238 P.37 /\ 24.41' ------ GPIN: 2424 02 1542 MB 242 P 60 0 'cm N 'n ~ At n W IIQ NA'x �3 n C5 n \ Z a Z EX. BULKHEAD TO REMAIN (ENCROACHES 9.8' TURF a. INTO CVB EASEMENT) c.n,p, 27.8' • __ £ 18'4:4 grio — PROPOSED 11'x25' L—HEAD PIER , in N TURF EXISTING 16'x27' BOATHOUSE W/BOATLIFT N FRAME SHED `` PROPOSED 7'x43' 16 APO #4 TIMBER WHARFis TURF N/F GREGORY LEWIS I A O 905 VERANO COURT 37 7 1-2 LAGOMAR—SECTION 6, PHASE 3 �Q o PART C LOT 249 o TURF ” 0 M.B.242 P.60 MULCH o' GPIN: 2414 92 9685 co BED BOATHOUSE ENCROACHES IdMAX. 31.7' INTO CVB EASEMENT _� LEGEND: PROPOSED PIER WILL PROPOSED WHARF ENCROACH MAX. 27.8' 2 STORY INTO CVB EASEMENT FRAME z #901 LaUI cJ N. ' loatc° ZO Z OZ u) .,„„i? TURF Zcc 0 N mO h a O O .O §a]N 6- .CONCRETE' OO � Z . NEAY' �...r h0�00I UNI g ' O Z COL. (MB 20' DRAINAGE EASEMENT — J ......4DRW •�=.•:•.y'- '•.. Q, 242O. P 60, N 422,27, E:. . -- VERANO COURT _ 100.00' 50' R/W APO #1 PIN (t) M.B. 242 P. 60) N/F JOHN MOORE --- ZONING: R-15 900 VERANO COURT -------- LAGOMAPRA TECCTIONOT6251HASE 3 0 40' 80' EXHIBIT "A" — ENCROACHMENT M.B.242 P.60 FOR GPIN: 2414 92 8878 GARY W. & LORRAINE S. FINKBEINER 901 VERANO COURT 1" = 40' LAGOMAR—SECTION 6, PHASE 3 PART C LOT 250 MB 242 P 60 GPIN: 2424 02 0707 ENGINEERING SERVICES PROVIDED BY: CONSULTATION SERVICES PROVIDED BY: CHESAPAKE BAY SITE SOLUTIONS, INC. SHORELINE DESIGN CONSULTANTS LLC. NOVEMBER 6, 2018 PHONE: (757) 575-3715 PHONE: (757) 773-5054 EMAIL: INFOOPCC—LLC.COM EMAIL: GREGORY.MILSTEADOGMAJL.COM SHEET 1 OF 2 m, `V I V. MB 242 P 60 PROPOSED 11'x25' 0 L-HEAD PIER �= 11 do 111 \\ PROPOSED L—HEAD PIER t ��4 1 1'x25' (275 SF) .�♦�♦�♦�, r-7 EXISTING PIER TO BE ,: ; L J REMOVED (298 SF) ba\L ,�.�♦� alp . PROPOSED WHARF X\`�0��4 �� 7'x43' (301 SF) 0 , 4 1 1 ' ; ; 4 EXISTING 16'x27' o4 4 BOATHOUSE ��. W/BOATLIFT ��,�.�.�.� o1,ii,. , 4 47 , PROPOSED 7'x43' / O TIMBER WHARF ZONING: R-15 0 10' 20' EXHIBIT "A" — ENCROACHMENT 1 FOR GARY W. & LORRAINE S. FINKBEINER 901 VERANO COURT 1" = 10' LAGOMAR—SECTION 6, PHASE 3 PART C LOT 250 MB 242 P 60 GPIN: 2424 02 0707 ENGINEERING SERVICES PROVIDED BY: CONSULTATION SERVICES PROVIDED BY: CHESAPAKE BAY SITE SOLUTIONS, INC. SHORELINE DESIGN CONSULTANTS LLC. NOVEMBER 6, 2018 PHONE: (757) 575-3715 PHONE: (757) 773-8084 EMAIL: INFOOPCC-LLC.COM ` EMAIL: GREGORY.MILSTEADOGMAILCOM SHEET 2 OF 2 Encroachment Request Applicant: Gary W. Finkbeiner and Lorraine S. Finkbeiner 901 Verano Court (View Looking Southeast) 3a_ to It4its. . .. 0` \ I -mini l;f 14k `13 i (View Looking Northwest) ..‘,2_, .•. ` X... ��.. ._ a R.� • sed • . , "f y. = fy tall .. .` { , ,` t t riti°1I , F (- lis NEM Rte i` .t! %4.-11:7,'1" f. • , % II Or 1 ' rr is -' k : _ . 1S '3 I 1 ,,.. Encroachment Request Applicant: Gary W. Finkbeiner and Lorraine S. Finkbeiner 901 Verano Court Vir l+F kiii I 6s SITE—No Yra 4 Y4,s 4, Le LOCATION MAP / ENCROACHMENT REQUEST FOR Legend GARY W. FINKBEINER AND LORRAINE S FINKBEINER 0 2424.02.0707 4 GPIN: 2424.02.0707 [1 City Property IIIM G 50 100 200 Feet Prepared by PW'.Eng Eng.Suppon Services Bureaa 081i20'R X:iCADD'\.ProjectsMARC RiemAGENDA MAPS'2424-02-070T2424-020707.mz0 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 201 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GARY W. FINKBEINER and LORRAINE S. FINKBEINER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "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 250"; as shown on that certain plat entitled: "SUBDIVISION OF LAGOMAR SECTION 6, PHASE 3, PART C PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA, dated November 29, 1993, prepared by The TAF Group," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 242, at page 57, and being further designated, known, and described as 901 Verano Court, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove an existing pier, maintain the existing bulkhead, and to construct and maintain a new pier, boathouse with boatlift and timber wharf, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2424-02-4573; (CITY CANAL) GPIN: 2424-02-0707; (901 Verano Court) 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City Property, a canal within the Lagomar Subdivision (GPIN: 2424-02-4573) 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 for Gary W. & Lorraine S. Finkbeiner 901 Verano Court Lagomar-Section 6, Phase 3 Part C Lot 250 MB 242 P60 GPIN: 2424 02 0707," dated November 6, 2018 and prepared by Chesapeake Bay Site Solutions, 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. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Gary W. Finkbeiner and Lorraine S. Finkbeiner, the said Grantee, has caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 BtA1 :._ W. F NKBEINER, Owner ByAeti,Le S. "Xli,..1,----- - LORRAINE S. FINKBEINER, Owner STATE OF CITY/COUNTY OF Il I L J Otho-wit: The foregoi • instrument was acknowledged before me this 1 day of /Q3L.ridltCSf_Lr%iQQJ. 201x, by Gary W. Finkbeiner. M,9 ,, . % is _ ) (SEAL) Notary Public ' Notary Registration Number:604q'� _��.�`� 747//► 11II n, �lnS My Commission Expires: .4 �l 1 �� f+ :Q: kitis It, ''y30q•'•�1�Q``. STATE OF C� ,�4 is0 `0 CITY/COUNTY OF 1 0,L LL.0$ 4 1 , to-wit: The foregoing instrument was acknowledged before me this0I day of 1QLSL r,...az , 201 8, by Lorraine S. Finkbeiner. CSibin ( tk, LL(T.,LA(SEAL) ,+/I Notary Public Notary Registration Number: d �� . •71tq `,�.O�Np K r1, My Commission Expires: �.••'p,a� c, :•z c. - _. y 3:. .. 7 ,\ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ...11. .:. .. • . .A ,Arti P. I... r i . . . . . . . . . • . • • • . •... ATI %1vA . 'ARMEYER, SENIOR CITY ATTORNEY e/v//17 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 This site plan is based on deed recorded in I (CVB) MB 242 P 60 and was prepared APO #3 N/F JEFFREY MILLER without the benefit of a title search. I 2408 BRASILENO DRIVE LAGOMAR—SECTION 6, PHASE 3 to PART B LOT 232 N'° S 4410'00• W M.B.238 P.37 24.41' __ GPIN: 2424 02 1542 MB 242 P 60 p v, 4 v? n CI a: Q h & I �o g a i Z m EX. BULKHEAD z TO REMAIN "• (ENCROACHES 9.8' TURF r. INTO CVB EASEMENT) I, f 27.8' a __ _ 18I — PROPOSED 11'x25' L—HEAD PIERVW NTURF EXISTING 16'x27' BOATHOUSE W/BOATLIFT cv FRAME SHED ``` PROPOSED 7'x43' 16 • APO #4 TIMBER WHARF TURF N/F GREGORY LEWIS 905 VERANO COURT 1.7' - $ LAGOMAR—SECTION 6, PHASE 3 PART C LOT 249 co 1:9 Tum F°A. BED o M.B.242 2414 MULCH o GPIN: 2414 92 9685 BOATHOUSE ENCROACHES , c MAX. 31.7' INTO CVB EASEMENT = LEGEND: PROPOSED PIER WILL ' PROPOSED WHARF ENCROACH MAX. 27.8' 2 STORY INTO CVB EASEMENT FRAME z #901 UO w6 6mN h } 1 2 ZO^N m TURF U _ SWao 111111 (f) 0 L I P opWCIF X Ain ..•. ,' PIN O '. p}z N .CONC' . . �O. 1 U. Z 'AAR AY '•'.:.... .�• •. �p 06 t� Co E 20' 0RA1N4GE —— `.. Pr Z `MB 242 P � E" "y= VERANO COURT Cl. N 42 2'27• E: ... ——— APO #1 100.00' PIN (f) 50' R/W N/F JOHN MOORE ——_ (M.B. 242 P. 60) ZONING: R-15 900 VERANO COURT ------- LAGOMARA TECCTIONOT6251HASE 3 0 40' 80' EXHIBIT "A" — ENCROACHMENT M.B.242 P.60 FOR GPIN: 2414 92 8878 GARY W. Sc LORRAINE S. FINKBEINER 901 VERANO COURT 1" = 40' LAGOMAR—SECTION 6, PHASE 3 PART C LOT 250 MB 242 P 60 GPIN: 2424 02 0707 ENGINEERING SERVICES PROVIDED BY: CONSULTATION SERVICES PROVIDED BY: CHESAPAKE BAY SITE SOLUTIONS, INC. SHORELINE DESIGN CONSULTANTS LLC. NOVEMBER 6, 2018 PHONE: (757) 575-3715 PHONE: (757) 773-8084 EMAIL: INFOOPCC—LLC.COM EMAIL: GREGORY.MILSTEADOGMAIL.COM SHEET 1 OF 2.00, c `I 'r II +/pi_ .0 MB 242 P 60 PROPOSED 11'x25' O L-HEAD PIER _� 4 111 M PROPOSED L-HEAD PIER f►��d�'w 11'x25' (275 SF) �� CEJ r , EXISTING PIER TO BE 4 L .1 REMOVED (298 SF) ,` ,�� _____0/>,W. :::�: PROPOSED WHARF V`�� 7'x43' (301 SF) 0 , �� 1 , ,. ... 0 ►4► , EXISTING 16'x27' •1 1 4 BOATHOUSE W BOATLIFT ►��. 47 ' PROPOSED 7'x43' ' TIMBER WHARF ( a ZONING: R-15 0 10' 20' EXHIBIT "A" - ENCROACHMENT F I ME Eli 1E11 GARY W. & LORRAINER S. FINKBEINER 901 VERANO COURT 1" = 10' LAGOMAR-SECTION 6, PHASE 3 PART C LOT 250 MB 242 P 60 GPIN: 2424 02 0707 ENGINEERING SERVICES PROVIDED BY: CONSULTATION SERVICES PROVIDED BY: CHESAPAKE BAY SITE SOLUTIONS, INC. SHORELINE DESIGN CONSULTANTS LLC. NOVEMBER 6, 2018 PHONE: (757) 575-3715 PHONE: (757) 773-8084 EMAIL INFOOPCC-LLC.COM EMAIL: GREGORY.MILSTEADOGMAIL.COM SHEET 2 OF 2 V3 Virginia Beach APPLICANT'S NAME Gary W Finkbeiner& Lorraine S Finkbeiner DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ( FOR CITY USE ONLY/AB disclosures mutt be updated two(2)weeks prior to any i Page 1 of 7 Plal nina Commission and City Couni it meeting that ertains to the a lication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: El Nu CHANGES AS OF DATE: 1J3j/ REVISIONS SUBMITTED DATE: 410 Virginia Beach El Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Gary W& Lorraine S Finkbeiner If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary � or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER 1S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code g 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code g 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating orto be operated_ on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) —J C E Accounting and/or preparer of your tax return FArchitect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and I purchaser's service providers) I� X Construction Contractors CEngineers / Surveyors/ Agents Shoreline Design Consultants LLC. Financing (include current ` Chesapeake Bay Site Solutions, Inc. mortgage holders and lenders J� I selected or being considered to provide financing for acquisition • or construction of the property) .,1+ htrcl (\Jr\pr ��cc�e✓ Legal Services Real Estate Brokers / ri 1\/- Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development (� contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 W i Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provid• • her-'' weeks prior to the Planning Commission, Council, VBDA meet' ;, or • : g of any public body or committee in connection with this App;' -tion. 11111;10. . . _ F _ gte, G..) rr� E/rf6ri !�--II-2 '�' 'S SIGN•T1• PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE 1 PROVIDER (use additional sheets if 7 Accounting and/or preparer of — your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Aht) - identify y purchaser and purchaser's service providers Any other pending or proposed Nilpurchaser of the subject property _ l (identify purchaser(s) and purchaser's service providers) 1-1 F. Construction Contractors -------- - - Xn Engineers / Surveyors/ Agents Shoreline Design Consultants LLC. Financing (include current Chesapeake Bay Site Solutions, Inc. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) j�N� { (v)orAyaq . I I Legal Services J Real Estate Brokers / 1\(_ Agents/Realtors for current and '� anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO j Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for sub ' hearing, I am responsible for updating the information prov'• -d her•i , wol weeks prior to the Planning Commission, Council, VBDA me= g, or tan• of any public body or committee in connection with this A. , ation. Ay A At , V., "At.,-/ IA) riohs,,,,,,_ 6-11--zo4f PRO's OWNE' S SI NATURE PRINT NAME DATE _) Page 7 of 7 75 ITEM-VI-J.8 ORDINANCES/RESOLUTIONS ITEM#68823 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Harbor Canal at 2316 Spindrift Road re construct and maintain new bulkhead and mooring piles BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Harbor Canal at 2316 Spindrift Road re construct and maintain new bulkhead and mooring mooring(GPIN 2409094786)DISTRICT 5-LYNNHAVEN The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, 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. 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. January 15, 2019 76 ITEM-VI-J.8 ORDINANCES/RESOLUTIONS ITEM#68823 (Continued) 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 8. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00,per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF EXISTING CITY 6 PROPERTY KNOWN AS HARBOR 7 CANAL LOCATED AT THE REAR OF 8 2316 SPINDRIFT ROAD 9 10 WHEREAS, Virginia J. Davis, formerly known as Virginia J. Poyet, has 11 requested permission to maintain two (2) existing mooring piles and to construct and 12 maintain a new 136 foot long bulkhead and three (3) new mooring new piles (the 13 "Temporary Encroachments") . The Temporary Encroachments would extend a maximum 14 of 18.9 feet into the City's property known as Harbor Canal, to the rear of 2316 Spindrift 15 Road; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Virginia J. Davis, her heirs, 26 assigns and successors in title are authorized to maintain two (2) existing mooring piles 27 and to construct and maintain a new 136 foot long bulkhead and 3 new mooring new piles 28 into the City's property known Harbor Canal and as shown on the map entitled: "EXHIBIT 29 A PROPOSED ENCROACHMENT OF BULKHEAD & MOORING PILES IN HARBOR 30 CANAL," dated September 5, 2017, and prepared by Marine Engineering, a copy of 31 which is attached hereto as Exhibit A, and on file in the Department of Public Works and 32 to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are 35 expressly subject to those terms, conditions and criteria contained in the agreement 36 between the City of Virginia Beach and Virginia J. Davis (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 39 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 until 44 such time as Virginia J. Davis and the City Manager or his authorized designee execute 45 the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 5 t h 48 day of January , 2019. CA14408 R-1 PREPARED: 11/08/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d007\p031\00516405.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 0-414,Adi. P c LIC F ORKS, REAL ESTATE DANA R. HARMEY6R SENIOR CITY ATTORNEY 2 BAY ISLAND SEC 2 LOT 221 i BAY ISLAND SEC 2 LOT 220 N/F TODD HOLLOWELL N/F PAUL E DICKSON BAY ISLAND SEC 2 LOT 219 / cWi 2329 LEEWARD SHORE DR 2325 LEEWARD SHORE DR N/FCLENTON W SHANKS / X D GPIN#2409 09 3968 GPIN#2409 09 5918 BULKHEAD AND 2321 LEEWARD SHORE DR J DOC#20080326000338510 CANAL CENTERLINE DB 4187 PG 136 IMPROVEMENTS FOR ACCESS GPIN#2409 09 6947 a a MB 48 PG 15 _—_ MB 48 PG 15 MB 48 PG 15 AT FAR SIDE OF CANAL cc c Lu m EXISTING MOORING PILES HARBOR CANAL(CITY OF VB) -—-' TO REMAIN FLOOD EBB 65' 32.8' 1 SPAN PROPOSED BULKHEAD 56' 15,1' 151' PROPOSED NEW MOORING PILES SPAN 3 PLACES r 1 . �6 132' Alr Avow .ir — -- -ate:._ --- 4, _ .— - I3.2' 3.8' 3.5 3.2' 134.43' S 88°5641"E -0.67-- Jrr� EXISTING BULKHEAD PROPERTY LINE MLW d MHW EXISTING CONCRETE WALKWAY 0' 10' 15' 25' 1 BAY ISLAND SEC 2 LOT 233 SCALE:1"=25' N/F THOMAS DRINKARD 2320 SPINDRFIT RD GPIN#2409 09 3756 DB 4714 PG 619 w MB48PG15 N o ; zs S 111111 rg co 0 h S PROPERTY LINEIII .4 PROPERTY LINE o� �l,1,TH op P4 j----) 0 DAVID KL,EDZINC BAY ISLAND SEC 2 LOT 234 034674N/F VIRGINIA DAVIS BAY ISLAND SEC 2 LOT 235 2316 SPINDRIFT RD N/F WILLIAM CASEY COPELAND 'iPts 9/10/2018 GPIN#2409 09 4786 2312 SPINDRIFT RD .,/ DB 2168 PG 434 GPIN#2409 09 6705 `SS7ONAL (' MB 48 PG 15 DEED#MB 48 PG 150331000278230 PIN(F)-1 - ---_- L=125.00' 853'TO LEEWARD SHORE D. SPINDRIFT ROAD /-R=2361.59' PIN(F) 50'ROW MB 48 PG 15 CI APPLICATION FOR ENCROACHMENT EXHIBIT A rI&PAI&L5ThY: ARINE ENGINEERING PROPOSED ENCROACHMENT212 DOUGHERTY CT BY:VIRGINIA J DAVIS OFIRGINIA BEACH, VA 23455 (FORMERLY VIRGINIA J POYET) BULKHEAD & MOORING PILES HEET 1 OF 1 2316 SPINDRIFT RD INATE: SEPTEMBER 5, 2017 VIRGINIA BEACH, VA 23451HARBOR CANALEVISION 1: SEPTEMBER 10, 2018 N >� cup }, DJ O O C cp _ c0 t L O V N o U > Q_ cu .L u N c0 Q co 0_ ''' ,L ' .R ` F n 1- �, F a '1.• f w; . ;r ,e: '. i :La, 4• 1 ::-,' 0... I'w k • sf. ..0 ::,''''-'.'1.4'.,' "�' • _, co \ , �bOiir -.! T�+ >ri .!� , r.+ iQ. } E t - 0 VZ r .4 ..-. `I., '•�, • F 111.. 16.. 'y Na. i'z'� ,�• p• (�tai I j • o• .,-..4::..„:,..:;-, � w t ,}i • :, , a,..iy-i . 1.--- be 1 , f Cr co r0 . F ; zp i = L G ,( , _. ,f pit: a GJ 's- r • ca tj VI illiA• .,,,- : - a .,...:2:.,...r, ,,,_„,, .} .SrM 6. •IL ' ___•.. amo,- I Poet.,,3.I, . ,,,e•• • • W Q N' :` � f ' . _.�'t ja: ' ,..„....4.; t , y L . G I 5 i , , 1 Of 47 . . . iat•- :-.' • d tisW � o Q = 9 z,p e O f cc : s zzrc¢4 tiW LLYo I Q 2 LL N D i u yz !t °O Qd ; i ILA 13 J C U o $ 7 S W Q i. ,..,.. Z o /a iii 0 & CC 8 I Lil n .. >. O a . RI �_ I III I 1 i \I 110 ._ li ■ _ >4 I r 1 F. :,j /�� y T w W r 1 !oo 1 O 1 VI Ade etr , : Z:o : 1 i • QW acr as co A -. Gi, zzrca4 g�§." O W°Yo a w . �— O/ t� '¢_ „SO u="gN_S .� Ids W Q . . ... . . c ._ u n.., c,_ . .., ,,,.. ,... ..„ . • t • ., �� ka V0 ._.. .. ‘, o:, V C CL ell . ` . �. W N • dZ Y ,yam 1.-Z- _ ° h .. 0 t,� 9: ," 1 4 . J I PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this I day of > 02111/kit , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VIRGINIA J. DAVIS formerly known as VIRGINIA J. POYET, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "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 234 as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND, SECTION TWO, PRINCESS ANNE CO., VA, LYNNHAVEN MAGISTERIAL DISTRICT", scale: 1"-100', dated October 1958 and prepared by which Frank Tarrall, Jr. & Associates, Surveyors & Engineers, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2316 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain two (2) existing mooring piles and to construct and maintain a new 136 foot long bulkhead and three (3) new mooring piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach. The Temporary Encroachment would extend 18.9 feet into the City's property known as Harbor Canal, to the rear of 2316 Spindrift Road; and GPIN: CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED GPIN: 2409-09-4786 - 316 Spindrift Rd., Virginia Beach, VA 23451 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 Harbor Canal 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 PROPOSED ENCROACHMENT OF BULKHEAD & MOORING PILES IN HARBOR CANAL," dated September 5, 2017, and prepared by Marine Engineering, 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 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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 3 less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, Virginia J. Davis, f/k/a Virginia J. Poyet, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 4 By .� Vir•4 a J. Day/ f/k/a Virginia J. Pot, Ow ' -r SII STATE OF 11,1Ii CITY/COUNTY OF ,; 1// /1 -wit: The oregoing instrument was acknowledged before me this lopli day of 9/1J1 2018, by Virginia J. Davis f/k/a Virginia oyet, Owner. �� / /, , //It EAL) . .ry 'ubli txGISCq� NOTq � MY R`' O� gym. Notary Registration Number: I /� 3 7p6 (W ,o, My Commission Expires: : i • '•.;oy N!BLIO .,'44811.7H or APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM iAIk ;A c' A' R I ° N • R. ARMEYER, SENIOR CITY ATTORNEY /0?I ii(Xf -6-ATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 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: 6 BAY ISLAND SEC 2 LOT 221 i BAY ISLAND SEC 2 LOT 220 N/F TODD HOLLOWELL N/F PAUL E DICKSON BAY ISLAND SEC 2 LOT 219 v 2329 LEEWARD SHORE DR i = 2325 LEEWARD SHORE DR N/FCLENTONSE W SHANKS cc GPIN#2409 09 3968 GPIN#2409 09 5918 BULKHEAD AND 2321 LEEWARD SHORE DR o_� DOC#20080326000338510 CANAL CENTERLINE DB 4187 PG 136 GPIN#2409 09 6947 z co IMPROVEMENTS FOR ACCESS ¢a MB 48 PG 15 MB 48 PG 15 AT FAR SIDE OF CANAL MB 48 PG 15 0 - 0 Em EXISTING MOORING PILES HARBOR CANAL(CITY OF VB) --- ITO REMAIN EBB 32 B'— FLOOD 65' PROPOSED BULKHEAD SPAN 56'J 15.1' 15.1' PROPOSED NEW MOORING PILES SPAN iiiir 3 PLACES I I 132' Ari - 444,-.=•.---4;i:---------_� K 3.2' 3.8' 3.5' 3.2' 134.43' S 88°56'41"E 0.6' d` INP II EXISTING BULKHEAD ' PROPERTY LINE MLW&MHW EXISTING CONCRETE WALKWAY 0' 10' 15' 25' BAY ISLAND SEC 2 LOT 233 SCALE:1"=25' N/F THOMAS DRINKARD 2320 SPINDRFIT RD GPIN#2409 09 3756 UJ DB 4714 PG 619 MB 48 PG 15 0 z b 0 ui uo 3 A h 0 y G A n. PROPERTY LINE 11. PROPERTY LINE 1'ta,TH OF j)t G. UDAVID KLEDZIC BAY ISLAND SEC 2 LOT 234 1Uc. No. 03467/4 N/F VIRGINIA DAVIS BAY ISLAND SEC 2 LOT 235 2316 SPINDRIFT RD N/F WILLIAM CASEY COPELAND O 9/1 0201 8 GPIN#2409 09 4786 2312 SPINDRIFT RD 140 DB 2168 PG 434 GPIN#2409 09 6705 SONAL MB 48 PG 15 DEED#20150331000278230 MB 48 PG 15 PIN `�_._a. -�_ L=125.00' 853'TO LEEWARD SHORE D' SPINDRIFT ROAD -------R=2361.59' R-22 --------"-------C---_ 6�� p IFI 50'ROW MB 48 PG 15EI -- �N APPLICATION FOR ENCROACHMENT EXHIBIT A NLI'ARED BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT BY: VIRGINIA J DAVIS OF VIRGINIA BEACH, VA 23455 (FORMERLY VIRGINIA J POYET) BULKHEAD & MOORING PILES SHEET 1 OF 1 2316 SPINDRIFT RD IN DATE: SEPTEMBER 5, 2017 VIRGINIA BEACH, VA 23451 HARBOR CANAL REVISION 1: SEPTEMBER 10, 2018 . • n el -„ .-_ -; --, = • A,,.. t"iigirn{r Be C1 APPLICANT'S NAME VIRGINIA DAVIS DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. irytatemsonsamwomowelugmearmana SECTION 1 / APPLICANT DISCLOSURE ioV of usf crm, ,,., - bcF Page 1 of 7 P(ar nint2 (()airytssior, .IC, c re cd ne 1, ,)e,',it)-r, 1 le,T,1,,, Tr 'oo 411,1 ?'3,n ,; APPLICANT NOIir1EL'C} HE,4i?iN / ' fpQJ�L\C WON;s, NO C'�I�aiVf;ES +S or • ❑ REVISIONS SUB ti I ED JUL 2 7 2018 "I'F�1Es- ' Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: V ` r� l t Do.-0 iS If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. t/ (A) List the Property Owner's name: i 11 l G. T.")Ca-) lS If an LLC, list the member's names: Page 2 of 7 \A:3 • Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 . 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 • APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I Accounting and/or preparer of ' your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than lyclthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I I IA purchaser of the subject property I I lJ�l (identify purchaser(s) and purchaser's service providers) I I Ex, Construction Contractors UEngineers / Surveyors/ Agents MARINE ENGINEERING Financing (include current UXmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 15\ I Legal Services Real Estate Brokers / MAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. nw �l '�C4 " i j ? - //- 1Y APPLI T'S SIGNAT E PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return X. Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors 15<1 Engineers / Surveyors/ Agents MARINE ENGINEERING Financing (include current \� mortgage holders and lenders ,J� selected or being considered to provide financing for acquisition n `/ or construction of the property) I I I� Legal Services Real Estate Brokers / I I Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Nfi3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /77,, � 4 ,a (.s 7- , i - PR 5TY OWNER'S,NATURE _ PRINT NAME DATE Page 7 of 7 77 ITEM-VI-J.9a ORDINANCES/RESOLUTIONS ITEM#68824 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$147,500 from the Virginia Department of Emergency Management(VDEM) to the FY2018-19 Emergency Management Operating Budget re purchase two (2) antennas Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard,Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY 3 MANAGEMENT FOR THE PURCHASE OF TWO 4 ANTENNAS 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $147,500 in federal pass-through revenue via the Virginia Department of 10 Emergency Management, is hereby accepted and appropriated, with federal revenue 11 increased accordingly, to the FY 2018-19 Operating Budget of the Office of Emergency 12 Management to purchase two Sky Master down link receiver antennas to enable aerial 13 coverage of the Hampton Roads area. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of January 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City-- orney' Office CA14599 R-1 January 3, 2019 78 ITEM-VI-19b ORDINANCES/RESOLUTIONS ITEM#68825 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$386,250 from the Department of Justice to the FY2018-19 Virginia Beach City Public Schools(VBCPS)Operating Budget re purchase of school security equipment Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent.• John D. Moss January 15, 2019 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR SCHOOL VIOLENCE PREVENTION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1) $386,250 is hereby accepted by the City of Virginia Beach from the United 8 States Department of Justice, Office of Community Oriented Policing Services, 9 and accordingly, the Virginia Beach City Public Schools is to be the sub-recipient 10 of such grant; 11 12 2) $386,250 is hereby appropriated, with federal revenues increased accordingly, 13 and transferred, as a School Violence Prevention Program sub-award, to the FY 14 2018-19 Virginia Beach City Public Schools' Operating Budget for the purchase 15 of school security equipment; 16 17 3) The required local grant match of $128,750 shall be funded by the Virginia 18 Beach City Public Schools within its FY 2018-19 Operating Budget; and 19 20 4) The equipment purchased with these grant funds is not guaranteed to be 21 replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of January 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services City Att•rn= 's Office CA14598 R-1 January 2, 2019 79 ITEM-VI-J.9c ORDINANCES/RESOLUTIONS ITEM#68826 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Reid Greenmum, 2405 Cliff Cutter Drive, Phone: 222-1443, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED Ordinance to ACCEPT and APPROPRIATE$1.8-Million from the Virginia Commonwealth Opportunity Fund to the FY2018-19 Economic Development Operating Budget re incentive award Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE COMMONWEALTH AND TO AUTHORIZE 3 PAYMENT OF SUCH FUNDS TO THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1 ,800,000 is hereby accepted and appropriated, with state revenue 10 increased accordingly, to the FY 2018-19 Operating Budget of the Department 11 of Economic Development; and 12 13 2) A payment of$1,800,000 is hereby to be directed to the City of Virginia Beach 14 Development Authority to provide a Commonwealth Development Opportunity 15 Fund incentive award. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of January , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /�� Budget and Management Services Ci ey'- office CA14596 R-1 January 2, 2019 80 ITEM-VI-J.10 ORDINANCES/RESOLUTIONS ITEM#68827 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$16,151 to the FY2018-19 Emergency Medical Services (EMS) Operating Budget and AUTHORIZE Grants to the Rescue Squads re reimburse vehicle auction proceeds Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 AUTHORIZE GRANTS TO THE RESCUE SQUADS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 1 . $16,151 is hereby appropriated to the FY 2018-19 Operating Budget of the 8 Department of Emergency Medical Services, with estimated miscellaneous revenue 9 increased accordingly, to reimburse proceeds from the sale at auction to Virginia 10 Beach Rescue Squads; 11 12 2. Grants in the amounts of$2,061 (Davis Corner Volunteer Rescue Squad), $1,577 13 (Creeds Volunteer Rescue Squad), $3,244, $1,834, and $6,000 (Princess Anne 14 Courthouse Volunteer Rescue Squad), and $1,435 (Ocean Park Volunteer Rescue 15 Squad are hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of January 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )g. co„,y ) Budget and Management Services Ci • • - ': Office CA14583 R-2 January 2, 2019 81 ITEM-VI-J.11 ORDINANCES/RESOLUTIONS ITEM#68828 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to TRANSFER$268,00 from the General Fund Reserve for Contingencies to the FY2018-19 Emergency Medical Services (EMS) Operating Budget re lifeguard services contract and AUTHORIZE the City Manager to EXECUTE a contract for Oceanfront lifeguard services with Virginia Beach Lifesaving Service (VBLS) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 AN ORDINANCE TO TRANSFER FUNDS FOR 2 LIFEGUARD SERVICES AND TO AUTHORIZE THE 3 CITY MANAGER TO EXECUTE A CONTRACT FOR 4 OCEANFRONT LIFEGUARD SERVICES 5 6 WHEREAS, the City's current contract with the Virginia Beach Lifesaving Service 7 ("VBLS") for lifeguard services in the Resort Area, Croatan and 57th Street Beaches 8 expired in October 2018; 9 10 WHEREAS, the City has completed the procurement process for a subsequent 11 contract for lifeguard services and recommends execution of that lifeguard services 12 contract with VBLS; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA 15 BEACH, VIRGINIA, THAT: 16 17 1 . $268,500 is hereby transferred from the General Fund Reserve for 18 Contingencies to the FY 2018-19 Operating Budget of Emergency Medical Services 19 for the initial contract payment; and 20 21 2. The City Manager, or his designee, is hereby authorized to execute a 22 contract for lifeguard services with Virginia Beach Lifesaving Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of January 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: De/LA . J Budget and Management Services . City Attorney's Office CA14585 R-1 January 2, 2019 82 ITEM—V-K.1 PLANNING ITEM#68829 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council,APPROVED,AS CONDITIONED,BY CONSENT,Application of WPL HOMES,INC./JO STALLARD WOOLLING HODGES for a Variance to Section 4.1(m)(1) of the Subdivision Regulations re re-subdivide property and create two (2)lots at 524 25`x'Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WPL HOMES,INC./JO STALLARD WOOLLING HODGES for a Variance to Section 4.1(m)(1) of the Subdivision Regulations re re- subdivide property and create two (2) lots at 524 25`''Street(GPIN 2417994594)DISTRICT 6—BEACH The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SITE IMPROVEMENT PLAN"prepared by WPL, and dated August 8, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Elevations, #524 25th Street Unit A",prepared by Ocean Bay Homes, and dated March 10, 2018, and "Elevations, 524 25th Street Unit B,"prepared by Ocean Bay Homes, and dated October 26, 2018, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time offinal site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Planting Plan,"prepared by WPL, and dated August 8, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. Proposed Lot 22A,fronting 25th Street, shall only be developed with one (1)single-family dwelling. 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 15`h day of January, Two Thousand Nineteen. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 01 It.s.1 ------ �c.� y ;8: **, ---7- Via46-,a \ ; .-46..".. Vir — -- ' ' '4141"‘` ‘ .. . G - - A , * , 114 Ni. ' 1011,16b. . 'It ,.. Ilk • , IS -2----ils \ ,,' ' ' '\. . \ , - , \ ,,sibn \s \.., , „\\ \ ..‘0, ....40 ve„,.., N ,s ‘‘ ,,,,,,,,,,,,,,,,,,,, \,.. los A N\ \,\,, , ilig,,, ,,,,,,,,:c \ \ \ -\'-\ -:------;---- --\; ' ',‘':, \s \. :\ aeori/j/ ' ' . \\ , x-44\17,.' \\Nvi. ,., _,__,-.-....,,ii ..\\,,, \\\\,*lik,s .ii ,,,s,.\ ... \\ 161 1111114146. likr- -iv \-s\s„..-::,\„1, s. i,,..., % ., \,. _ _\ , ,x.s al. , --‘-—--- Nr) 1.10i, •....- % .% \ I ra;:; 'S\113fit,\\\\ a 1141% \Z.! \AD ;1 ite..a‘ 't,,,I NZ;kF .:..,.. . 110". 'wA \ '' 's Xiisk, IIIV‘. NI%k- ‘0', ' .44.0•..0"•••••••••• in 5 \ (4 \ tN,''' N-141,- v‘-‘www - \ ii,„ 3 \\ CoIliOC • 1, \ 70' c011 '' \ \\, .1111.1i.........,••-•''....-c". \ \ ----- 7 3 \\,, \ \\\ C3 \\111, II li.„, 1:-.1----\ , \ T00 83 ITEM—V-K2 PLANNING ITEM#68830 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council,APPROVED,AS CONDITIONED,BY CONSENT,Application of RAW ENTERPRISES,INC. & BRYAN and JUNE RAEHL/RUBY T.ARMENIOX for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1925 Gum Bridge Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RAW ENTERPRISES,INC. & BRYAN and JUNE RAEHL/RUBY T. ARMENIOX for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1925 Gum Bridge Road(GPINS 2411158414, 2411156591,2411155577, 2411154663,2411251946, 2411260050, 2411159357)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION EXHIBIT OF LOTS 1, 2, 3, 4, 5, A &B as shown on PARTITION OF PROPERTY OF IT. TATEM ESTATE, ET AL (MB. 85, P. 23), "dated August 24, 2018, and prepared by Fox Land Surveying., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When Lots 1-A, 2, 3 and 4 are developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page seven (7) of the report entitled "Proposed Elevations, "which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. The residential dwelling constructed on Lots 1-A, 2, 3 and 4 shall have its lowest finished floor at an elevation at least three (3)feet above the Base Flood Elevation. 4. Prior to obtaining a building permit, Lots 1-A, 2, 3 and 4 shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. 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 15th day of January, Two Thousand Nineteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1:-:=7 l ��ffff CiN1 042 ct /?''' , 1 ULI , `may!., 1 r�Ai-40 f ____ ,' Q1C3 elit r' '/f --- '- '-'4,79 4* 411//////1 4' 0 C:4 0 a 41-46t . dc-ilik itPw 0 * 1*-46., .4' 0.\\CI / Q / N N4 sct Nqr 404, A, , -46, sk s,,,v 46, aC) -4r 4111r, oar 7NISI { 4.111111 < 'IV t /� f 0 / f1,11111111111110 4 LD -------4 D (. 84 ITEM—V-K.3 PLANNING ITEM#68831 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council,APPROVED,AS CONDITIONED,BY CONSENT,Application of SUBURBAN CAPITAL,INC./HYATT PLACE PEMBROKE,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance (CZO) re freestanding sign and building sign at 281 Independence Boulevard DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SUBURBAN CAPITAL,INC./HYATT PLACE PEMBROKE, LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance (CZO) re freestanding sign and building sign at 281 Independence Boulevard(GPIN 1477353753)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The building crown sign shall be constructed in substantial conformance with the submitted exhibit entitled "Hyatt Place Design Drawing 4 of 6, 279 Independence Boulevard, Virginia Beach, VA,"dated March 09, 2018, and prepared by Coast Sign Incorporated. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The freestanding sign shall be constructed in substantial conformance with the submitted exhibit entitled "Hyatt Place Drawing 6 of 6, 279 Independence Boulevard, Virginia Beach, VA, "dated March 08, 2018, and prepared by Coast Sign Incorporated, with the exception that the freestanding sign shall be no taller than eight(8)feet in height from the ground elevation. Said exhibit has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. There shall be at a minimum, seventy-five (75) square feet of landscape material planted surrounding the freestanding sign. The landscape material shall be a combination of ornamental grass, ground cover and low shrubs, not to exceed three (3)feet in height at maturity 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 15`h day of January, Two Thousand Nineteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 � I IV�_ CO - V it 0 a' tr..),_" 4.\\ co ! 03 tori _ V 1H_ 0 g 0 JV _ice -- -- �� / -4,_:.] _ k ' - ii-ir‘J ri)] Li - x4 Ig oa ] D 7p-i,; • .1 ° i:i 91. r"='"''....'--7-, '''", ,,-' ,_,,_,_ -__ ' "tlif; II 0 . LI] CO .,i 0 I\ \ L131i)1 I. \ f V. % \1 . CY r 0- ' 3 4: ' \ 111010 CO ti 5 _ \ all, %,, 1. • . eS° \.:\ I \-- \ \\*.N-lot imi ' 111 -- 5 . _________\\ c:C ii. , \„ , ._ -1,--;1:4-- --] -tilGT. °, \ I. r 1 1. ` ,,_:::-_,--- -c ``' S Jj- .5 '� O 1 i . is�_ =1:: S ll - C*W5-5----- _,\ \ ; aw% W 1.1k 1 ,----- . r 1_,Iiti ciz ,,,01.7 ti * 11, loi I. ____, 00--------- ' en,___J --_-.7,'-C--)-' ,____.--'-(--:g9,'i -'-.2'.----e1--,-A--1--C-.3 0 -- - ` CO _-- _ � ---' --_-____1;1--- - in 0 IN! - D 1 . ___-__:::::------ i LI cal NI billSc° -------:::------- =tear'F.;.`ti--i malli 1 7 r � ' - � a____--_--- B . . - , enu_ - . • 9 85 ITEM—VI-K.4 PLANNING ITEM#68832 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, DEFERRED TO FEBRUARY 5,2019,BY CONSENT,Application of GLENN MCDERMOTT/TOWN CENTER JEWEL,LLC for a Special Exception for Alternative Compliance to the City Zoning Ordinance(CZO) re freestanding sign at 4452 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 86 ITEM—VI-K.5 PLANNING ITEM#68833 The following registered to speak: Joseph Burgess,III, 1483 Poinsetta Arch, Phone: 406-2185, spoke in SUPPORT Buddy Sparrow, 2813 Bald Eagle Road, Phone: 689-2997, spoke in OPPOSITION Donna Willey, 2900 Bald Eagle Road, Phone: 650-5494, spoke in OPPOSITION Eddie Abrams, 1277 Perimeter Parkway, Phone: 499-7223, represented the Applicant Upon motion by Council Member Henley, seconded by Vice Mayor Wood, City Council, DEFERRED TO MAY 21,2019,Application of PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 87 ITEM—VI-K.6 PLANNING ITEM#68834 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council,APPROVED,AS MODIFIED,BY CONSENT,Application of COASTAL VIRGINIA UNITARIAN UNIVERSALISTS/ UNITARIAN CHURCH OF NORFOLK for a Modification of Conditions re religious use at 809 South Military Highway DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COASTAL VIRGINIA UNITARIAN UNIVERSALISTS/UNITARIAN CHURCH OF NORFOLK for a Modi kation of Conditions re religious use at 809 South Military Highway (GPIN 1456260036) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: All conditions of the January 5, 2016, Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 1. Other than dead, dying or diseased trees, to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the Americans with Disabilities Act(ADA)with regard to the amount required and marking. 3. All necessary permits and a Certificate of Occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance.A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any signage. 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 15`h day of January, Two Thousand Nineteen. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 . 0 : tio ,:__.5 i,:,,,,: ao 06-jc?.ipetr 44: 0 7 0 . ------:::::„.•----1,, lit, ,..., rm. i,Ni ' ilkk i s....,1 , ------ ' mon *Te • # i 0 ,., C7 ow --------:•i:-:-.:„.......,_ `-a'/ -.--.) ,, .. i . Ciiii.T.--- . . . 4Z:7 ' --,ms i -......, (7 . 0 # / '----.1 : c, ..... i St. - &.,'• _ ! 0 Z7,--, -'--- -.---t 0 *1 j:: )-,t Q' !. 4--- ocl /--,,,,, • --tizva:„..,h. C4) 01:\), ,,:v' CO 4: • 41 , PITij,1: / „/ s -Li/ • -----CNI* l(;j- c."---1-7--- '-..-- -...l'... .. co: • 0 C , pl -----------::_:7----.„ ---• ____41%44iit CNI - ,1 ' :?' ---•--s.. .. / / 1;9 ....,...„. / 4.---71 . / ...,_ CO ••• / C11.7 i __,, .. „...... -- . 4(4-, '------,..,_ fi. ----,..„.. ,(9 -./ „„.. 4111111 ..„.. .... ._.... --... , • • .... Ili iC r. ...n.._ !' 1 C3 : Ci! 41 . CO D c? L , ___ , .50 . __ . c.__,0 ,,,,, / Vr , a -.., C <S) 6 <> rTiill.., ‘......,-- a w ; = ED fi= gallt- ] 0 -11111 in la 1 i rib ---, 7 pfi °11110 ri , I 11111,EP VII 1----1 Ei 0 ir' o "a -- — ii. ' D rz3 ff, Ct!= 1 rt7 ij-I --.Ci. f- 1 JL--Jkln all gni ,7 a 88 ITEM—VI-K7 PLANNING ITEM#68835 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT Upon motion by Council Member Nygaard, seconded by Council Member Kane, City Council, APPROVED,AS PROFFERED/CONDITIONED,Application of ANTONIO AZEVEDO for a Conditional Change of Zoning from R-10 Residential to I-1 Light Industrial and R-10 Residential and a Conditional Use Permit re bulk storage yard at 311 S. Birdneck Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ANTONIO AZEVEDO for a Conditional Change of Zoning from R-10 Residential to 1-1 Light Industrial and R-10 Residential and a Conditional Use Permit re bulk storage yard at 311 S. Birdneck Road (GPIN 2417416994)DISTRICT 6—BEACH An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CHATHAM PARCEL B 31652.11 SQ. FT BY PLAT GPIN 2417416994,"prepared by Marine Engineering, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. Evergreen shrubs reaching a minimum height of four (4)feet at the time of maturity shall be installed to the north of the paved access driveway starting at the front corner of the single-family dwelling and running parallel to the accessway to the rear property line. Said shrubs shall planted at a distance on center as determined by the Development Services Center Landscape Architect once the exact species is determined. 3. The use of the site shall be for the storage of materials associated with a landscaping or construction contracting business such as pavers, stones, brick, sod or plants or parked vehicles associated with the business. There shall be no other activity than the storage,pickup, or delivery of goods to the site. 4. There shall be no freestanding sign associated with the Bulk Storage Yard. 5. No retail uses shall be conducted on the property. 6. No customers or members from the general public shall be permitted on the site. 7. The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area except between the hours of 7:00 a.m. and 5:00 p.m. or dark, whichever is earlier. January 15, 2019 89 ITEM—VI-K.7 PLANNING ITEM#68835 (Continued) 8. There shall be no storage of boats; wrecked, inoperable or towed vehicles; or containers on the site. 9. All materials within the Bulk Storage Yard may be stacked no taller than six(6)feet in height. 10. If outdoor lighting is proposed, the applicant shall submit a Photometric Plan for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type,proposed shielding, and light dimming capabilities. 11. All outdoor lighting fixtures on the site shall be no taller than fourteen (14)feet in height. 12. All outdoor lighting fixtures shall be shielded away from the adjacent residential uses. 13. Any outdoor lighting on the site can be no closer than 440 feet from South Birdneck Road. 14. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. All lighting fixtures shall be dimmed to 50%the lumen output after 7:00 p.m. 15. ADA accessible restrooms shall be installed on the site within one(1)year of City Council approval. 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 15`h day of January, Two Thousand Nineteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 hi_ Mr pr., i Eli v Ii' I Q RCa7Nu O 0, Vut-ii Lf',.,3 PCN I II t I ri [ANL' aftlir ti 1: Ct .41111 igg 4., o , ,--7 0. ___ _, .'.- Aria *0 ii - 4. Ott r, O‹ ' r L,,,,, p cite/ r z\ri.,,,) w ...,„1„.Awzr,I l— T-- 7 — (0 0 CL D rl 4 1 co 01 1 r i.d.. d 4 i y . , 0 C3 \7", 1 . _ 1 ° cv D U 7Q0 __________________ 00 1 Q sk.____I 90 ITEM—VI-K.8 PLANNING ITEM#68836 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED,BY CONSENT,Application of DAVID PAUL AURILLO for a Conditional Use Permit re home occupation at 5720 Attica Avenue DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAVID PAUL AURILLO for a Conditional Use Permit re home occupation at 5720 Attica Avenue (GPIN 1468061728) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. In accordance with Section 234 (c) of the City Zoning Ordinance, there shall be no more than one (1)sign identifying the Home Occupation. Said sign shall be no more than one (1)square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. The Home Occupation shall be permitted only if the property is the bona fide residence of the applicant. 3. There shall be no sales to the general public of products or merchandise from the home. 4. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. 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 15th day of January, Two Thousand Nineteen. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 -...-\_s--\\ L---,i Et e [Li\ , , v.,_ ct.,_ Li \-::::) __s--__\ ED C-----1 ay e, __- _- \- jr:::\ CID ' c,,,, ----00----3 [0 ° c\--13 - :(3--(i\ 0 0 0 , - ....-..-*°---- C 0 ._„....• . ,. 0 0 tilts C:!.a ci (NI ik 771 • V Ill'ApOk re * ...-__ „- 0 i0--f--- I `,:��,,� 91 ITEM—VI-K.9 PLANNING ITEM#68837 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED,AS CONDITIONED, BY CONSENT,Application of 6S DEVELOPMENT,LLC/RTR REAL ESTATE ASSOCIATES, TIDEWATER INVESTMENTS,LLC, and BRUCE RANOMSKI for a Conditional Use Permit re automobile service station at 1910 and 1924 Kempsville Road and 1909 Centerville Turnpike DISTRICT 1 —CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 6S DEVELOPMENT, LLC/ RTR REAL ESTATE ASSOCIATES, TIDEWATER INVESTMENTS, LLC, and BRUCE RANOMSKI for a Conditional Use Permit re automobile service station at 1910 and 1924 Kempsville Road and 1909 Centerville Turnpike (GPINS 1455816402, 1455817626, 1455817527)DISTRICT 1 —CENTERVILLE The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONDITIONAL USE PERMIT FOR 6S,"prepared by Bohler Engineering, dated September 13, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. The exterior of the proposed building,fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations and perspective view prepared by Cuhaci&Peterson, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 3. The freestanding sign shall be monument style with a stone base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit prepared by Bohler Engineering, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a stone base and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one- quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center.Approval of the site plan shall be obtained prior to the issuance of a building permit. January 15, 2019 92 ITEM—VI-K.9 PLANNING ITEM#68837 (Continued) 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type,proposed shielding, and light dimming capabilities. 7. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 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 15th day of January, Two Thousand Nineteen. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 / Ny /, y \_,____---------- , - ___---- en__------------ . . i .e.„---, ______•_ O CV . .•. . c' W CO _,.::: ,. ._•,,,------- ___----- . fir . '-',-- • • :::::----- ---------- ., i ' ' ------- - 4(6 4, J .'"--- .,. --•-'-- .. . --.--- .-•--- 4Nof \ CNI 4 , --------'' .. ,, . „ ,. - o , . . . , . .... . . ./..v. el • A ", , I,. \ 0 • k , 1 0 , / _------------; --J --: ). , . , 0 , .--------------- 4( .,c, ,- .04 . , . ..„ usi < , . < N. , </cie 6 :1 (/7 ...-\\5 , ..._ ...1,: - / Or 93 ITEM—VI-K 10 PLANNING ITEM#68838 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, Ordinance to AMEND Section 901 of the City Zoning Ordinance (CZO) re use regulations in the B-4K Business District Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 1 AN ORDINANCE TO AMEND SECTION 901 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO USE REGULATIONS IN 4 THE B-4K BUSINESS DISTRICT 5 6 Section Amended: City Zoning Ordinance § 7 901 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 901 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 9. - BUSINESS DISTRICTS 19 20 . . . 21 22 Sec. 901. - Use regulations. 23 24 (a) Principal and conditional uses. The following chart lists those uses permitted within 25 the B-1 through B-4K Business Districts. Those uses and structures in the respective 26 business districts shall be permitted as either principal uses indicated by a "P" or as 27 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 28 prohibited in the respective districts. No uses or structures other than as specified 29 shall be permitted. 30 Use B-1 B-1A B-2 ; B-3JB-4 B-4C B-4KI __ L I Business and vocational schools which do not involve the operation of woodwork shops, machine X C CC C C XC shops or other similar facilities Colleges and universities, public or private X C CCC C XC Craft breweries, subject to the provisions of Section X X ( C C X CXC 230 Craft distilleries, subject to the provisions of Section IX I X CC X C XC 230 Craft wineries, subject to the provisions of Section 230 X X CC x C XC Eating and drinking establishments without drive- P P PPP X XP through windows, except as specified below — Fiber-optics transmission facilities X C CCX CXC Greenhouses and plant nurseries X P P X P X XP Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than CCPPP X X-P five thousand (5,000) square feet. Within the B-4K, also including that it is not open to the public twenty-four(24) hours a day Grocery stores, carry-out food stores and I I ! convenience stores whether or not freestanding, but X X P P P C X-P in a structure of a gross floor area of not less than — five thousand (5,000) square feet . . . . Grocery stores, carry-out food stores and convenience stores whether or not freestanding, but X X PPPC i C in a structure of more than forty five thousand (45,000) square feet Open-air markets X- X CCC C XC Radio and television broadcasting stations X C C C C I C X C 1 Recreation facilities other than those of an outdoor nature, with a floor area greater than 7,500 square X X CC P C XC feet Recreational and amusement facilities of an J I I outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development of such properties, safeguards are j X C C C C C XC provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise � Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 X X PPP P XP square feet Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts X P PPP P XP shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park, or school. In B-4K also including with a floor area of twenty thousand (20,000) square feet or less. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts X P PPP P C shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park, or school. In B-4K also including a floor area of more than twenty thousand (20,000) square feet Wine-tasting rooms, subject to the provisions of Section 209.4 X P P P X P X C 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of January , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: o � Planning Department City A orne sO ice CA14183 R-6 September 24, 2018 1 2 AN ORDINANCE TO AMEND SECTIONS 102, 111 , 401, 3 501 , 601 , 901, 1110, 1125, 1521 AND 2203 OF THE CITY 4 ZONING ORDINANCE AND SECTION 5.2 OF THE 5 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 6 AND ADD SECTIONS 209.6 AND 241 .2 OF THE CITY 7 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 8 REQUIREMENTS AND USE OF HOME SHARING AND 9 SHORT TERM RENTALS 10 11 Sections Amended: City Zoning Ordinance Sections 102, 12 111 , 401, 501, 601 , 901 , 1110, 1125, 1521, and 2203 and 13 Oceanfront Resort District Form-Based Code Section 5.2 14 15 Sections Added: City Zoning Ordinance Sections 209.6 and 16 241.2 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 102, 111, 401, 501 , 601 , 901, 1110, 1125, 1521, and 2203 of the 25 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 26 Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the City 27 Zoning Ordinance are hereby added and ordained, to read as follows: 28 29 ARTICLE 1. GENERAL PROVISIONS 30 31 . . . . 32 33 Sec. 102. Establishment of districts and official zoning maps. 34 35 (a) In order to carry out the purposes and provisions of this ordinance, the 36 following districts are hereby established: 37 38 . . . . 39 40 (al) There are hereby established the Shore Drive Corridor Overlay District. 41 following overlay districts: 42 43 Shore Drive Corridor Overlay District ("SD"); 44 45 (2) North End Overlay District ("NE"); 1 46 47 (3) Old Beach Overlay District ("OB"); 48 49 (4) Historic Kempsville Area Overlay District ("HK"); 50 51 (5) Workforce Housing Overlay District ("WF"); and 52 53 (6) Short Term Rental Overlay District ("STR"). 54 55 Such districts shall be designated on the official zoning map by the an 56 appropriate notation)" following the designation of the underlying zoning district. As 57 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 58 Use District shall be designated on the official zoning map as having the classification 59 "B-4(SD)." 60 61 (a2) There is hereby established the North End Overlay District. Such district 62 shall be designated on the official zoning map by the notation "(NE)" following the 63 designation of the underlying zoning district. As an-illustration, property lying within the 64 L _ - _ a - _ P. _ -e -- _ _ . e ! - -- - •- - 65 on the official zoning map as having the classification "R 5R(NE)." 66 67 (a3) There is hereby established the Old Beach Overlay District. Such district 68 shall be designated on the official zoning map by the notation "(OB)" following the 69 a-. _ _ • _ •e- _ e-•-e _• ' . • _ • _ _ e- a ee - •- -- e _ 70 Overlay District and in the R 5D Residential Duplex District shall be designated on the 71 official zoning map as having the classification "R 5D(OB)." 72 73 (a4) There is hereby established the Historic Kempsville Area Overlay District. 74 Such district shall be designated on the official zoning map by the notation "(HK)" 75 _ _ -e -- e e . 'e- e • . -e- e --.-e e - - - . .e -, e ee-- - 76 the Historic Kempsville Area Overlay—District and in the B 2 Community Busine s 77 •. - e- e •e - e - - - - - e - - • e -- - - • • - •e 78 2(HK)." 79 80 (a5) There is hereby established the Workforce Housing Overlay District. Such 81 di-strict shall be designated on the official zoning map by the notation "(WF)" following 82 -- e - - 'e- e -- _ - --•-e e • - - - e . e ee - _ 83 _ - - ' . - e - e e - -e. • e ! _ �. - e- e- e -- e - 84 the official zoning map as having the classification "B 4(WF)." The Workforce Housing 85 Overlay District shall be limited to property located within those areas of the city 86 - e . e - - - '- e - e e.-. - - - - - -- - - e - e ee - - -_ 87 Workforce Housing Overlay District as an overlay to the underlying zoning cla-sification 88 of the property. 89 90 . . . . 91 2 92 Sec. 111. Definitions. 93 94 . . . . 95 96 Home sharing. A dwelling in which a room or rooms are offered for rental for 97 compensation for a period of less than thirty (30) consecutive days by an owner who 98 utilizes the dwelling as his principal residence and occupies the dwelling during any 99 such rental period. 100 101 . . . . 102 103 Hotel and motel. A building or group of attached or detached buildings containing 104 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units,. 105 and for which compensation is exchanged for short-term occupancy of the dwelling or 106 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 107 registration and keeping of records relating to hotel guests. This term also includes 108 motels. 109 110 . . . . 111 112 Principal residence. Principal residence shall be the location where a person 113 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 114 principal residence. 115 116 . . . . 117 118 Short term rental. A dwelling that does not meet the definition of home sharing in 119 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 120 consecutive days for compensation. 121 122 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 123 ALL DISTRICTS 124 125 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 126 PARKING, OFF-STREET LOADING, AND CERTAIN USES 127 128 . . . . 129 130 Sec. 209.6. Home sharing. 131 132 To the extent permitted by state law, each dwelling offered as a home share 133 must maintain registration with the Commissioner of Revenue's office and pay all 134 applicable taxes. 135 136 C. CONDITIONAL USES AND STRUCTURES 3 137 138 . . . . 139 140 Sec. 241.2 Short term rental. 141 142 Short term rentals shall be subject to the following conditions unless specifically 143 modified by action of the city council in granting a conditional use permit or creating a 144 short term rental overlay district: 145 146 1 . Any property utilized as a short term rental shall provide adequate off street 147 parking for its guests. A minimum of one parking space per bedroom is 148 required. If such parking cannot be provided on-site, the owner must submit 149 a parking plan indicating how the parking requirement will be met. Such 150 plan shall be reviewed and approved by the Zoning Administrator. Stacking 151 of vehicles shall be allowed and no on-street parking shall be part of the 152 plan; 153 154 2. No events with more than fifty (50) people present, shall be held absent a 155 special events permit. Events with more than fifty (50) people are limited to 156 no more than three (3) events in a calendar year. No more than one 157 hundred (100) people shall be present at any event held on the property; 158 159 3. The owner or operator must provide the name and telephone number of a 160 responsible person, who may be the owner, operator or an agent of the 161 owner or operator, who is available to be contacted and to address 162 conditions occurring at the short term rental within thirty (30) minutes. 163 Physical response to the site of the short term rental is not required; 164 165 4. No signage shall be on site, except that each short term rental is allowed 166 one (1), four (4) square foot sign, posted on the building which identifies the 167 short term rental. Architectural signs naming the structure are excluded 168 from this limitation; 169 170 5. To the extent permitted by state law, each short term rental must maintain 171 registration with the Commissioner of Revenue's office and pay all 172 applicable taxes; 173 174 6. There shall be posted in a conspicuous place within the dwelling a summary 175 provided by the Zoning Administrator of City Code Sections 23-69 through 176 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 177 the beach), 12-43.2 (fireworks), and a copy of any approved parking plan; 4 178 179 7. All refuse shall be placed in automated refuse receptacles, where provided, 180 and comply with the requirements of City Code Sections 31-26, 31-27 and 181 31-28; 182 183 8. A short term rental shall have no more than two (2) rental contracts during 184 any consecutive seven (7) day period; 185 186 9. The owner or operator shall provide proof of liability insurance applicable to 187 the rental activity at registration and renewal of at least one million dollars 188 ($1,000,000.00) underwritten by insurers acceptable to the city; 189 190 10.There shall be no outdoor amplified sound after 10 PM or before 10 AM; 191 192 11 .The maximum number of persons on the property after 11:00 PM and 193 before 7:00 AM ("Overnight Lodgers") shall be three (3) individuals per 194 bedroom; 195 196 12.Any short term rental that has registered and paid transient occupancy 197 taxes to the Commissioner of the Revenue prior to July 1, 2018 shall be 198 considered grandfathered and shall not be required to obtain a conditional 199 use permit, but must meet the conditions of section 241.2. Any expansion 200 of the footprint of the dwelling housing the short term rental that expands the 201 overall square footage by more than 25% or 1,000 square feet, whichever is 202 less, shall have its grandfathered status revoked and must immediately 203 obtain a conditional use permit to continue such use. Grandfathered status 204 shall run with the land; 205 206 13.To the extent permissible under state law, interconnected smoke detectors 207 (which may be wireless), a fire extinguisher and, where natural gas or 208 propane is present, carbon monoxide detectors shall be installed in each 209 short term rental; 210 211 14.Accessory structures shall not be used or occupied as short term rentals; 212 213 15.In addition to other remedies available for violations of the City Zoning 214 Ordinance, upon the occurrence of a violation of the provisions of this 215 section; a violation of a condition imposed in a conditional use permit; or if 216 the conditions for qrandfathered status are no longer satisfied, the City 217 Council may revoke the conditional use permit or grandfathered status of a 218 property after notice and hearing as provided in Virginia Code Section 15.2- 5 219 2204; provided, however, that written notice as prescribed therein shall be 220 given at least fifteen (15) days prior to the hearing; 221 222 16.All conditional use permits issued for short term rentals shall expire five (5) 223 years from the date of adoption. The renewal process of the conditional use 224 permit will be administrative and performed by the Planning Department; 225 however, the Planning Department shall notify the City Council in writing 226 prior to the renewal of any conditional use permit for a STR, where the STR 227 has been the subject of neighborhood complaints, violations of its conditions 228 or violations of any building, housing, zoning, fire or other similar codes. 229 230 ARTICLE 4. - AGRICULTURAL DISTRICTS 231 232 (a) Principal and conditional uses. The following chart lists those uses permitted 233 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 234 respective agricultural districts shall be permitted as either principal uses indicated by a 235 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 236 shall be prohibited in the respective districts. No uses or structures other than as 237 specified shall be permitted. 238 Use AG-1 AG-21 Home sharing meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the Sandbridqe Special Service District* P P Short term rental within a STR Overlay District P P_] 239 *Sandbridge Special Service District defined in City Code Section 35.1-3. 240 241 (b) Accessory uses and structures. Uses and structures which are customarily 242 accessory and clearly incidental and subordinate to principal uses and structures, 243 including but not limited to, an accessory activity operated for profit in a residential 244 dwelling unit where (i) there is no change in the outside appearance of the building or 245 premises or any visible or audible evidence detectable from outside the building lot, 246 either permanently or intermittently, of the conduct of such business except for one (1) 247 nonilluminated sign not more than one (1) square foot in area mounted flat against the 248 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 249 by such activity in greater volumes than would normally be expected in the 250 neighborhood, and any need for parking generated by the conduct of such activity is 6 251 met off the street and other than in a required front yard; (iii) the activity is conducted on 252 the premises which is the bona fide residence of the principal practitioner, and no 253 person other than members of the immediate family occupying such dwelling units is 254 employed in the activity; (iv) such activity is conducted only in the principal structure on 255 the lot; (v) there are no sales to the general public of products or merchandise from the 256 home, except for agricultural products, or agricultural-related products, incidental to an 257 agricultural operation on which the dwelling unit is located; and (vi) the activity is 258 specifically designed or conducted to permit no more than one (1) patron, customer, or 259 pupil to be present on the premises at any one time. Notwithstanding the provisions of 260 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 261 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 262 persons on the premises at any one time in connection with the performance of such 263 rites, provided that all other requirements of subdivision (b)(2) are met. The following 264 are specifically prohibited as accessory activities: Convalescent or nursing homes, 265 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 266 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 267 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 268 use to the dwelling. 269 270 271 272 ARTICLE 5. RESIDENTIAL DISTRICTS. 273 274 275 276 Sec. 501. Use regulations. 277 278 (a) Principal and conditional uses. The following chart lists those uses permitted 279 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 280 respective residential districts shall be permitted as either principal uses indicated by a 281 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 282 shall be prohibited in the respective districts. No uses or structures other than as 283 specified shall be permitted. 284 Use R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home sharing meeting the PPPPP P P P P 7 requirements of section 209.6 Short term rental 1CIC CCC C C C C C Short term rental within the PP P P P P P P P P Sandbridge Special Service District* — — — — — — — — — — Short term rental within a STR Overlay District PP PP P P P P P P 285 *Sandbridge Special Service District defined in City Code Section 35.1-3. 286 287 (b) Accessory uses and structures. Uses and structures which are customarily 288 accessory and clearly incidental and subordinate to principal uses and structures and 289 where such accessory structures do not exceed the height of the principal structure and, 290 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 291 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 292 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 293 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 294 the principal structure. Such accessory uses and structures include but are not limited 295 to: 296 . . . . 297 298 (7) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 299 days or more is an accessory use to the dwelling. 300 301 . . . . 302 303 ARTICLE 6. - APARTMENT DISTRICTS 304 305 . . . . 306 307 Sec. 601. - Use regulations. 308 309 (a) Principal and conditional uses. The following chart lists those uses permitted 310 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 311 respective apartment districts shall be permitted as either principal uses indicated by a 312 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 8 313 shall be prohibited in the respective districts. No uses or structures other than as 314 specified shall be permitted. 315 Use A-12 A-18 IA-241A-36 Home sharing meeting the requirements of section 209.6 PPP P Short term rental CC CC Short term rental within the Sandbridge Special Service District* P PIP P Short term rental within a STR Overlay District PPPP 316 '`Sandbridge Special Service District is defined in City Code Section 35.1-3. 317 318 (b) Accessory uses and structures. Uses and structures which are customarily 319 accessory and clearly incidental and subordinate to principal uses and structures, 320 including but not limited to: 321 322 . . . . 323 324 (3) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 325 days or more is an accessory use to the dwelling. 326 327 . . . . 328 329 ARTICLE 9. - BUSINESS DISTRICTS 330 331 . . . . 332 333 Sec. 901. - Use regulations. 334 335 (a) Principal and conditional uses. The following chart lists those uses permitted 336 within the B-1 through B-4K Business Districts. Those uses and structures in the 337 respective business districts shall be permitted as either principal uses indicated by a 338 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 339 shall be prohibited in the respective districts. No uses or structures other than as 340 specified shall be permitted. 341 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K 9 Home sharing meeting the requirements of section X X XXP P P 209.6 — — — — — — — Short term rental X X XXCC C Short term rental within the Sandbridqe Service PPPPPP P District* — — — — — —Short term rental within a STR Overlay District P P P P P P 342 "Sandbridge Special Service District is defined in City Code Section 35.1-3. 343 344 (b) Accessory uses and structures. Uses and structures which are customarily 345 accessory and clearly incidental and subordinate to the principal uses and structures, 346 including, but not limited to: 347 348 . . . . 349 350 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 351 days or more is an accessory use to the dwelling. 352 353 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 354 355 Sec. 1110. - Land use regulation. 356 357 . . . . 358 359 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 360 A-12 Apartment District other than hospitals and sanitariums, together with the 361 following enumerated uses and structures, shall be permitted: 362 363 (1) Fraternity and sorority houses, student dormitories and student centers; 364 365 (2) Housing for seniors and disabled persons, with a conditional use permit; 366 367 (3) Marinas; 368 369 (4) Private clubs or social centers provided that clubs where conduct of commercial 370 affairs is a principal activity shall not be permitted; and 371 372 (5) Residential care for seniors, provided that no more than two (2) employees 373 including a bona fide resident of the dwelling shall be permitted; 374 375 (6) Home sharing meeting the requirements of section 209.6; 376 10 377 (7) Short term rentals within the Sandbridge Special Service District; and 378 379 (8) Short term rentals within a STR Overlay District. 380 381 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 382 383 (1) Communication towers; 384 385 (2) Family day-care homes; 386 387 (3) Group homes; 388 389 (4) Kennels, residential; 390 391 (5) Religious uses; 392 393 (6) Wind energy conversion systems, free standing and roof-mounted; and 394 395 (7) Home-based wildlife rehabilitation facilities, provided that the principal 396 structure is a single-family dwelling and the lot is greater than two thousand 397 five hundred (2,500) square feet,,-; and 398 399 Short term rentals. 400 401 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 402 403 . . . . 404 405 Sec. 1125. - Allowed uses. 406 407 Within the PD-H2 District, only the following uses and structures shall be permitted: 408 409 (a) Principal uses and structures. 410 411 (1) Dwelling units of the types specified in the land use plan; 412 413 (2) Public buildings, structures, and other public uses; 414 415 (3) Recreational facilities of the type described in the plan; 416 417 (4) Child care education centers, in connection with public or private 418 elementary schools or churches, provided that such uses shall not be 419 eligible for residential density credit; 420 421 (5) Day-care centers, provided that such uses shall not be eligible for 422 residential density credit; 11 423 424 (6) Public utilities installations and substations; provided offices or storage or 425 maintenance facilities shall not be permitted; and provided, further, that 426 utilities substations, other than individual transformers, shall be surrounded 427 by a wall, solid except for entrances and exits, or by a fence with a 428 screening hedge five (5) to six (6) feet in height; and provided also, 429 transformer vaults for underground utilities and like uses shall require only 430 a landscaped screening hedge, solid except for access opening 431 432 (7) Home sharing meeting the requirements of section 209.6; and 433 434 (8) Short term rentals within the Sandbridge Special Service District; and 435 436 (9) Short term rentals within a STR Overlay District. 437 438 439 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 440 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 441 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 442 use to the dwelling. 443 444 (c) Conditional uses. 445 446 (1) Religious uses, provided that such use shall not be eligible for residential 447 density credit; 448 449 (2) Family day-care homes; foster homes and group homes, provided that such 450 uses shall not be eligible for residential density credit; 451 452 (3) Home occupations..-i 453 454 (4) Housing for seniors and disabled persons:; and 455 456 (5) Short term rental. 457 458 . . . . 459 460 C. RT-3 RESORT TOURIST DISTRICT 461 462 . . . . 463 464 Sec. 1521. Use regulations. 465 466 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 467 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 12 468 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 469 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 470 buildings within the RT-3 District may include any principal or conditional uses in 471 combination with any other principal or conditional use. No uses or structures other than 472 those specified shall be permitted. All uses, whether principal or conditional, should to 473 the greatest extent possible adhere to the provisions of the Special Area Design 474 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 475 Plan. 476 Use RT-3 Home sharing meeting the requirements of section 209.6 P Short term rental C Short term rental within a STR Overlay District P 477 478 (b) Accessory uses and structures : Uses and structures which are customarily 479 accessory and clearly incidental and subordinate to the principal uses and structures; 480 provided, however, that drive-through facilities shall not be permitted as an accessory 481 use: 482 483 . . . . 484 485 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) 486 consecutive days or more is an accessory use to the dwelling. 487 488 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 489 490 . . . . 491 492 B. - DEVELOPMENT REGULATIONS 493 494 . . . . 495 496 Sec. 2203. - Use regulations. 497 498 (a) The following chart lists those uses permitted within the Central Business Core 499 District. Uses and structures shall be allowed either as principal uses, indicated by a 500 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 501 shall be prohibited, unless allowed by special exception for Alternative Compliance 13 502 pursuant to Section 2205. No uses or structures other than as specified herein or as 503 allowed pursuant to subsection (b) shall be permitted. 504 Use District CBC Home sharing meeting the requirements of section 209.6 P Short term rental C Short Term Rental within a STR Overlay District P 505 506 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 507 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 508 use permitted by this section, either as a principal or conditional use. In determining 509 whether a proposed use is similar to a listed use, the Zoning Administrator shall 510 consider (1) the actual or projected characteristics of the proposed use in comparison 511 to those of the most similar listed use; and (2) the categorization of the proposed use 512 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 513 rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an 514 accessory use to the dwelling. 515 516 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 517 518 . . . . 519 520 Sec. 5.2. Permitted Use Table. 521 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING 1 Home sharing _ L _ = L L L = See Sec.209.6 meeting the requirements of section 209.6 Short term rental = C = - C C C - See Sec.241.2 meeting the requirements of section 241.2 14 522 THIS ORDINANCE SHALL BE EFFECTIVE NOVEMBER 1, 2019. 523 524 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of January, 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: W2div-eig " -C)0\f\J Planning Departme City Attorney's Office CA14500 R-23 January 16, 2019 15 94 ITEM-VI-K.11 PLANNING ITEM#68839 The following registered to speak: Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke in SUPPORT Dana Sampson, 4504 McGregor Drive, Phone: 620-2872, spoke in OPPOSITION James Moffat, 581 Sandbridge Road, Phone: 426-6262, spoke in SUPPORT Ken Leach, 325 Teal Crescent, Phone: 916-261-1195, spoke in SUPPORT Walter Parsick, Phone: 286-9185, did not respond Joan Davis, 2216 Sand Fiddler Road, Phone: 717-2304, spoke in OPPOSITION Mike Griffith, 4408 Lee Court, Phone: 687-9093, spoke in SUPPORT Jean Davis, 2972 Sand Bend Road, Phone: 703-216-1335, spoke in SUPPORT Tom Bucker, 2005 Sandbridge Road, Phone: 426-1565, did not respond Gail Bucker, 2005 Sandbridge Road, Phone: 426-1565, did not respond Jack Drescher (Past President, North VB Civil League), 6410-A Oceanfront Avenue, Phone: 428-3344, spoke in SUPPORT Tammy Hopkins, 2640 Sandpiper Road, Phone: 348-6128, spoke in OPPOSITION Dell Young, 2505 Indian Hill Road, Phone: 650-1383, spoke in OPPOSITION Larry Horvath, 2505 Indian Hill Road, Phone: 284-1842, spoke in OPPOSITION Donna Watson, 3213 Little Island Road, Phone: 689-8928, spoke in OPPOSITION Andrew Roper, 3020 Sand Bend Road, Phone: 689-4910, spoke in SUPPORT Nicole Roper, 3020 Sand Bend Road, Phone: 689-4910, did not respond Sarah Houck, 5032 Lauderdale Avenue, Phone: 464-4989, spoke in SUPPORT Michael Kelly, (President, Coatan Civic League) 604 Raleigh Drive, Phone: 703-435-5153, spoke in OPPOSITION Kathy Davis, 2021 Smallbrooke Court, Phone: 641-3426, spoke in SUPPORT Brad Sike, 2304 Greenwell Court, Phone: 560-1875, spoke in OPPOSITION Pat Barton, 308 Back Bay Crescent, Phone: 478-8664, spoke in SUPPORT Nancy Parker, 573 23rd Street, Phone: 651-4848, spoke in OPPOSITION Anders Hellstrom, 1501 Beach View Drive, Phone: 635-4689, spoke in OPPOSITION Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT Kathy Kelly, 3352 Sandfiddler Road, Phone: 355-2233, did not respond Charlie Kelly, 3316 Sandfiddler Road, Phone: 721-1188, did not respond Mark Bissette, 2805 Ocean Mist Court, did not respond Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Tim Solanic, 3612 Dupont Circle, spoke in OPPOSITION Reid Greenmum, 2405 Cliff Cutter Drive, Phone: 222-1443, did not respond Mike Megge, 2036 Hackberry Road, spoke in OPPOSITION Lee Gause, 204 Sandbridge Road#405, Phone: 703-801-9977, spoke in SUPPORT Douglas Houston, River Road, did not respond Patrick Keenan, 2036 Pungo Ridge Court, Phone: 435-9343, spoke in SUPPORT Conrad Chesvenner, 1367 Hafford Road, Phone: 719-2113, spoke in SUPPORT Helmes Clarke, lives in Shadowlawn, spoke in SUPPORT January 15, 2019 95 ITEM—VI-K 11 PLANNING ITEM#68839 (Continued) After City Council discussion, Council Member Nygaard made a motion, seconded by Council Member Wilson, to APPROVE the Ordinance to AMEND Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form- Based Code and ADD Sections 209.6 and 241.2 of the CZO re Definition,Requirements,and Use of Home Sharing and Short Term Rentals with the addition of the following: Condition #13 including July 1, 2018, as the date of grandfathered status The effective date of his Ordinance shall be November 1, 2019 Council Member Jones then made a SUBSTITUTE MOTION, seconded by Vice Mayor Wood, to APPROVE the Planning Commission Version of the Ordinance to AMEND Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance(CZO)and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO re Definition, Requirements, and Use of Home Sharing and Short Term Rentals with the addition of the following: Condition #12 requiring the owner or operator maintain a guest log to be available to City Staff upon the issuance of a warrant for probable cause Condition #13 including July 1, 2018, as the date of grandfathered status The effective date of this Ordinance shall be November 1, 2019 *The Substitute Motion FAILED Voting: 4-6(lost to a negative vote) Council Members Voting Aye: Barbara M. Henley, Louis R. Jones, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott, Mayor Robert M. Dyer, Shannon DS Kane, David Nygaard, Aaron R. Rouse, and Rosemary Wilson Council Members Absent: John D. Moss January 15, 2019 96 ITEM—VI-K.11 PLANNING ITEM#68839 (Continued) Upon the main motion by Council Member Nygaard, seconded by Council Member Wilson, City Council APPROVED the Ordinance to AMEND Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO re Definition, Requirements, and Use of Home Sharing and Short Term Rentals with the addition of the following: Condition #13 including July 1, 2018, as the date of grandfathered status The effective date of his Ordinance shall be November 1, 2019 Voting: 8-2 Council Members Voting Aye: Mayor Robert M. Dyer, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott Barbara M. Henley Council Members Absent: John D. Moss *Council Member Wilson filed a Disclosure dated March 6, 2018 January 15, 2019 rts r 4teeeltrt City cif Viz- iriia E3�ach 0,4 `''C4' -., UF OUR NWC1.4(•/✓ ` ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 Refer to File No.0062484 March 6, 2018 Mrs. Amanda Barnes City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on proposed alternative amendments to the City Zoning Ordinance pertaining to home sharing and short-term rentals. 2. Regulation of peer-to-peer hospitality services could impact short-term rental providers and property management services providers, including Howard Hanna Real Estate Services("Howard Hanna"),whose Oceanfront office is located at 303 34th Street Suite 102,Virginia Beach, VA 23451. 3. 1 am a real estate agent affiliated with Howard Hanna,and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Howard Hanna is my own commissions from my own sales. I do not personally provide property management services. 4. I am a member of a business, profession or occupation, namely real estate service providers that also provide property management services. If amendments are made to the Zoning Ordinance, all members of this profession may be affected by the amendments. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH.VA 23451 Mrs. Amanda Barnes -2- March 6, 2018 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. Although the City Attorney has advised me that with respect to this transaction,any benefit or detriment to Howard Hanna is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/RRI 97 ITEM VI-L APPOINTMENTS ITEM#68840 The following registered to speak: Barbara Messner, P.O. Box 514, spoke in OPPOSITION BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION January 15, 2019 98 ITEM VI-L. APPOINTMENTS ITEM#68841 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCIL MEMBER DAVID NYGAARD (Ex-Officio) GLENN TUCKMAN (Virginia Beach Hotel/Motel Association) No Term ADVERTISING ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 99 ITEM VI-L. APPOINTMENTS ITEM#68842 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCIL MEMBER DAVID NYGAARD Unexpired term thru 4/30/20 AUDIT COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 100 ITEM VI-L. APPOINTMENTS ITEM#68843 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCIL MEMBER ROSEMARY WILSON Unexpired term thru 1/31/2019 plus One year term 2/1/19—1/31/20 and REAPPOINTED: DAVID L. HANSEN One year term 2/1/19— 1/31/20 BROADBAND STEERING COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 101 ITEM VI-L. APPOINTMENTS ITEM#68844 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCIL MEMBER ROSEMARY WILSON 1/15/19—8/31/21 ANDREW NISSMAN (United Way Hampton Roads) 1/15/19—8/31/21 DR. DEMETRIA LINDSAY (Acting Health Director) Unexpired Term thru 8/31/20 COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 102 ITEM VI-L. APPOINTMENTS ITEM#68845 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: WILLIAM BRUNKE Unexpired Term thru 8/31/22 DEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 103 ITEM VI-L. APPOINTMENTS ITEM#68846 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCIL MEMBER DAVID NYGAARD COUNCIL MEMBER SABRINA WOOTEN No Term HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 104 ITEM VI-L. APPOINTMENTS ITEM#68847 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DR. DEMETRIA LINDSAY (Ex-Officio/Acting Health Director) No Term HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 105 ITEM VI-L. APPOINTMENTS ITEM#68848 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JAMES VACHON 1/15/19—10/31/21 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 106 ITEM VI-L. APPOINTMENTS ITEM#68849 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ALLISON WHITE Unexpired Term thru 3/31/20 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 107 ITEM VI-L. APPOINTMENTS ITEM#68850 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CLARENCE NEELY Unexpired Term thru 5/31/19 plus Two year term 6/1/19—5/31/21 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 108 ITEM VI-L. APPOINTMENTS ITEM#68851 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCIL MEMBER SABRINA WOOTEN Unexpired Term thru 3/31/19 plus One year term 4/1/19—3/31/20 PLANNING COUNCIL Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 109 ITEM VI-L. APPOINTMENTS ITEM#68852 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JOSEPH STRANGE (Ex-Officio/Development Authority) Unexpired Term thru 2/28/21 STEVE BARNES (Ex-Officio/Planning Commission) Unexpired Term thru 2/28/20 TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 110 ITEM VI-L. APPOINTMENTS ITEM#68853 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MICHAEL BERL UCCHI Unexpired Term thru 12/31/20 plus Four year term 1/1/21-12/31/24 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 111 ITEM VI-L. APPOINTMENTS ITEM#68854 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED CITY COUNCIL LIAISONS: ARTS AND HUMANITIES COMMISSION JESSICA ABBOTT SABRINA WOOTEN MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION SHANNON DS KANE JAMES L. WOOD MINORITY BUSINESS COUNCIL AARON ROUSE OLD BEACH DESIGN REVIEW BOARD DAVID NYGAARD PARKS AND RECREATION COMMISSION SABRINA WOOTEN RESORT ADVISORY COMMISSION DAVID NYGAARD ROSEMARY WILSON VIRGINIA BEACH TOWING ADVISORY BOARD DAVID NYGAARD Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, David Nygaard, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss January 15, 2019 112 ADJOURNMENT ITEM#68855 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 10:10 P.M. dr alit. -0V _- Terri -. • um Chief Deputy City Clerk Amada Barnes,MMC Robert M Dyer City Clerk Mayor City of Virginia Beach Virginia January 15, 2019