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MAY 21, 2019 FORMAL SESSION MINUTES (11, sp v c.,14, r o,�9rs _ ,44 it GF ouR Noo- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 21, 2019 Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFINGS in in the City Council Conference Room, Tuesday, May 21, 2019, at 3:30 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY(SPSA) ITEM#69274 3:30 P.M. Mayor Dyer welcomed Liesl De Vary, Executive Director. Ms. De Vary expressed her appreciation to City Council for their continued support: SPSA - Overview and Highlights Core Purpose: The management of the safe and environmentally sound disposal of regional waste. spsA Here is the Governance for SPSA: Governance • SPSA is a public body incorporated in the State of Virginia and has all the rights,powers and duties set forth in Chapter 51 of Title 15.2 of the Code of Virginia. • Section 15.2-5102.1,amended in 2009(commonly referred to as House Bill 1872 aka the Cosgrove Bill) • Established a 16 member Board of Directors comprised of: • 8 Governor Appointed Members possessing general business knowledge,shall not be an elected official,and are nominated by each member locality • 8 Ex-officio members—an employee appointed by the governing body of each member locality • Requires SPSA to maintain a strategic operating and financial plan; evaluate landfill airspace capacity annually;adhere to FOIA,and limits the Executive Director's authority to approve contracts in excess of$30,000 without Board approval. liFSA May 21, 2019 3 CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY ITEM#69274 (Continued) Here is an overview of SPSA Operations: SPSA Operations SPSA staff operate: D Nine transfer stations throughout Southeastern Virginia D The Regional Landfill in Suffolk D A transportation division including 30 tractors and 40 trailers D A fleet maintenance operation— 1 shop in Portsmouth and 1 shop at the Regional Landfill D A household hazardous waste(HHW)program D A tire shredding facility D A white goods and scrap metal program and D A comprehensive safety program 51'5A Here are SPSA Stats: SPSA Stats >- 139 employees Transfer Stations handle over 600,000 tons per year. The transportation division: Hauls over 500,000 tons per year Drive over 760,000 miles per year D The Regional Landfill accepts over 325,000 tons per year. D Tire shredder processed over 458,000 tires last year. We use the shredded tires at the landfill for alternate daily cover, drainage projects and road base. 5P5A May 21, 2019 4 CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY ITEM#69274 (Continued) This map depicts the locations of the nine (9) transfer stations in the region SPSA owns and operates: SPSA owns and operates nine transfer stations varying in size. w a �r�wrw rrn /.1-411001 , Or..sitimi„ IPCIStOre 1111 • la�Ohr —mi ` va. .�� , '� I� 1 _. I- _ SPA T—N,...I_. •ImmerUYs.PAY. ■twill SOLID WASTE FACILITIES Here is an aerial view of the Regional Landfill located in Suffolk: Aerial View of Regional Landfill The Regional Landfill is located on 833 s,' acres in the City of Suffolk. Cells e.– account fordisposal re /".•.. acs.No more wastete is is being disposed /// of in these cells. Cell V is permitted for 44 disposal acres Cell VI is permitted for 41 disposal acres ` This is the cell currently being used. f— OC-!- -' lily. Cell VII is currently operated as a borrow rz ,�;r - pit to support the landfill operations and - '' '1 is fully permitted for 56 disposal acres. l Cell VIII/IX are for future expansion. 1"--' ,, May 21, 2019 5 CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY ITEM#69274 (Continued) The exact date for the life of a landfill cannot be determined; Operating Cells V and VI are estimated to be filled between 2027-2029 depending on waste disposal amounts: Projected Life of Landfill At the current rate of waste disposed at the Regional Landfill, the current cells(V&VI)will be filled by 2029 but could be as early as 2027 dependent on volume,compaction ratio and achieving the planned slopes. Total projected cost to construct cell VII inclusive of permitting for cells VIII&IX for borrow area and other permit updates is approximately$30 million(in today's dollars.) Cell VII could be filled as early as 2035 if only MSW is disposed in the cell. After elevated leachate levels were reported in 2017, SPSA implemented the SCADA (Supervisory Control and Data Acquisition)System. This system measures and records leachate levels daily to calculate the volume to be discharged in accordance with regulations: Landfill Leachate D In 2017,SPSA had elevated leachate levels in the landfill. D The situation was immediately remedied. D A new SCADA system for leachate management was purchased and installed to improve operations at the landfill. 5P5A May 21, 2019 6 CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY ITEM#692 74 (Continued) Here is an overview of SPSA's Partnership with HRSD: Partnership with HRSD Up until June 1,2018,the leachate from the Regional Landfill was pumped through a force main at the landfill to the HRSD Nansemond Plant. % Due to certain contaminants in leachate and the implementation of the SWIFT program,HRSD requested SPSA redirect the leachate to an alternate pump station. HRSD has agreed to construct a new force main from the landfill to a pump station in Chesapeake. HRSD will pay 2/3 of the cost with SPSA paying 1/3 but no more than approximately$2.5 million. SIS Here is 2018—A Year in Review: 2018 - A Year in Review January 25, 2018- Launch SPSA 2.0 Effective date for new Use&Support Agreements with 8 member communities. Municipal Tip Fee was reduced from$125 per ton to $65 per ton as a result of all debt being paid off and implementation of a blended waste disposal system. Waste from eastern transfer stations is hauled to Wheelabrator and the waste from the western transfer stations is hauled to the landfill. 51'5/1 May 21, 2019 7 CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY ITEM#69274 (Continued) Here is an overview of the Wheelabrator Agreement: Wheelabrator Agreement A contract was awarded to Wheelabrator Portsmouth with an effective date of February 1, 2019. • Term of contract is from February 1, 2019 to June 30, 2027. SPSA has option to extend contract for two(2) additional periods of up to five(5)years each, price to be mutually agreed. • No minimum tons or minimum fee. SPSA is required to deliver the municipal waste received at the Chesapeake, Landstown, Norfolk and Oceana transfer stations to the RDF plant at a rate of$32 per ton. 51 Wheelabrator Agreement Cont'd All ash from the Wheelabrator WTE plant will be delivered to the Regional Landfill at a rate of$25 per ton. Member communities may haul directly to the RDF plant. • As a result of new contract,the municipal tip fee was projected to be reduced to$59 per ton effective July 1, 2019. Due to an increase in tons the municipal tip fee will be $57 per ton effective July 1,2019. PSA May 21, 2019 8 CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY ITEM#69274 (Continued) The FY 2020 budgeting is based on 445,000 Tons of Municipal Waste: FY 2020 Municipal Waste Virginia Beach Chesapeake 31% 24% Franklin 1% 445,000 Tons $_{ Isle of Wight 4% Suffolk 9% Norfolk Southampton 20% County Portsmouth 2% 9% SPSA SPSA's FY 2020 budget is$43.3-Million; $4.3-Million is to pay for future landfill expansion and closure costs: Budget / Cash Reserves ➢ SPSA's FY 2020 budget is$43.3 million D$35.5 million for operating expenses D$3.5 million for capital improvements/equipment replacement D$4.3 million for future landfill expansion&closure costs ➢ SPSA has approximately$22.6 million in cash reserves. D.$16.8 million is for landfill expansion&closure ➢$3.3 million in undesignated fund balance D$2.5 million for capital projects ➢ Landfill expansion is estimated at$30 million(2018 dollars) ➢ Landfill closure costs(Cell 5/6)is$16 million(2018 Dollars) SPSA May 21, 2019 9 CITY COUNCIL'S BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY ITEM#69274 (Continued) Here are the Goals for 2019: Goals for 2019 ➢ Perform a facility assessment and create a long term capital replacement schedule for all SPSA facilities Continue work on landfill expansion, Cells 8&9 fr Continue to work with the HRPDC,City of Suffolk and VDOT on a flyover access to the Regional Landfill Provide various cost analysis reports Provide a 5 year projected budget and municipal tip fee schedule 51'5# Questions / Comments 5P5A Mayor Dyer expressed his appreciation to Ms. De Vary for the presentation. Mav 21, 2019 10 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 4:04 P.M. Mayor Dyer welcomed Steve Herbert, Interim President and CEO, C. Grigsby Scifres, Executive Committee Chair—Board of Directors, and David L. Hansen - City Manager. Mr. Scifres expressed his appreciation to City Council for their continued support: Virginia Beach City Council Presentation May 21, 2019 Steve Herbert, President and CEO Here are the 2019 Alliance Public Sector Representatives: 2019 Alliance Public Sector Representatives •City of Chesapeake: Honorable Richard W.West •City of Franklin: Honorable Frank M. Rabil -City of Hampton: Honorable Donnie R.Tuck •City of Newport News: Ms. Cynthia D. Rohlf •City of Norfolk: Honorable Martin A.Thomas,Jr. •City of Poquoson: Honorable Carey L. Freeman •City of Portsmouth: Honorable John L. Rowe,Jr. •City of Suffolk: Honorable Linda T.Johnson •City of Virginia Beach: Honorable Robert M. Dyer -Isle of Wight County: Honorable Richard"Dick"Grice •Southampton County: Honorable R. Randolph Cook •City of Norfolk: Mr. Douglas Smith, Vice-Chair •City of Hampton: Mr. Chuck Rigney, VP Economic Development(RED Team Representative) 2 May 21, 2019 11 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 (Continued) Here are the 2019 Alliance Ex Officio Representatives: 2019 Alliance Ex Officio Representatives •Cox Communications: Mr. Hobie Ritzel, Business Leadership Council •Hampton Roads Economic Development Alliance: Mr. Robert S. Herbert,Interim President&CEO I Non-Voting •Hampton Roads Workforce Council: Mr.Shawn Avery, Community Partner Representative •Port of Virginia: Mr.John Reinhart,Business Leadership Council •Reinvent Hampton Roads: Mr.Jim Spore, Community Partner Representative •Willcox&Savage: Mr. Hugh L. Patterson,General Counsel 4 The 2019 HREDA Investors have a combined total of$1-Billion in investment commitments: 2019 Hampton Roads Economic Development Alliance Investors •`� PREMIERE:$100,000+ 1 TOWNE BANK THE PORT OF 1M Int Sam,BPMrrrr Bask* e RIIIUINIAe S E N T A R Ae PLATINUM:$50,000-$99,999 tl)4 John O.Wynne SO .,I JST C O X. Jerrold L Miller GOLD:$25,000-$49,999®S ( ®*MIN 021 ��,—_,___ NCIL 'V,gnoka a Natural Gas 00gtlri. �•' y,y .^c.°.14 SIIVFR:510,000-ST4,995 eahaaug • 4lietamaka.'ammo R#UnFII* 01-2iSt DHC Isle. BRONZE:$5,000-$9,999 K PMG LLP The Breeden Company Faneuil,Inc. PNC Bank Ware Insurance Company Capital Concrete,Inc. Harbor Groupintemrtional Rlversitle eeaRM1 Sys[em Atlantic Dominion Distributors Checkered Flag Harvey LJndsay Commercial Real Estate W.M.Jordan ComP,,Ylmc ECPI University Columba Gas of Virginia Norfolk Airport Authority Birdsong Peanuts McGuire woods,LLP Drucker&Falk the Norfolk Waterside Marrioe Jones lerg Lasalle Aerotek,Inc. Ekctrunk Syu,,n,Inc. Neter American Corporation Greg Garret Realty 5 May 21, 2019 12 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 (Continued) By implementing the "Action Themes"listed in the graph below, Hampton Roads job growth is estimated to bring over 80,000 jobs in the next ten (10)years: Over 80,000 Jobs can realistically be created in 10 years The Go To Market Strategy can generate an additional 10,000 jobs. C la•.Id�x..maro The Business Environment Improvements can yield 50-102,000 new jobs. L two(dr..Ind..) Action Thames Talent 27k-59k jobs Infrastructure a 14k-19k jobs Loyetlea _.. SM a _ 2k-Skjobe Real Estate Cluster& Innovation 11111117k-ttikpba Go To Market SntegytPYn (above current 101cpbs Total Job Creation Asbbbn• 82,5k •Based 0n 1%enrxml growth in ampbyment over 10,sere.In be pedod 2107-2017 employment ret Rat 6 The Metros Compared—Forecasted Growth Targets depict Hampton Roads employment growth will increase 1.20%with all improvements implemented: Metros Compared—Forecasted Growth Targets Upon successful implementation,the moos of Hampton Roads could realize significant improvements in its comparative rankings for employment growth. Compounded Annual Growth Rate Forecast-2019 to 2028 Raleigh .:. 1.21% Hampton Roads Target r 1.20% Nashville 1 17% 1 10% Hampton Roads Low - 0.94% Atlanta 0.86% Chadeebn 0 82% Jacksonville,FL l 0.60°% Richmond�^.:- 0.74% G,0o,rile 0.50% Hampton Roads Current11111.111=111.0.38% 7 May 21, 2019 13 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 (Continued) Here are the Opportunity Sectors that could have the most impact on job growth: Opportunity Sectors : 0 I ce 0 ="1111 - i' 0 r L Software&IT Shared Services Distribution&Logistics M Food Processing&Technology Transportation Tech Mfg.,R&D 8 Creating a Comprehensive Regional Program Applying appropriately scaled solutions to address immediate and long-term needs Talent-ensures skills supply and alignment for the cluster,supports supports innovation and recruitment and as issues collaboration between companies and 1 ersdies and partnership between Finance ensures access W finance for companies new antl ex.mg companies,including / seed funding,VC,ban guarantees etc Y/ Develop ©� Q Investor ompantmem leggl. ports the further Intematio�ulkaden-wpwrt depment and growth of cludes for indigenous companies' existing for Ind. toes and wards imematbnalbation efforts,e.g. advocacy rvtoward: marketingof tical rawdshi sAppvein/y makers. and tof lmlwrtn hive ! wan other swsters/feg ns. elik m.:,en. :i r=s evebpment ' (BRE) Infrastructure physical and Re al Fatale- Investment InMg.!assets-----P Reel Estate mmint and real estate/incubator Mantles availablet° ze npa companies rtnershrps job \Investment Promotion nd marketing tnvesimem promotion antl markttingefforts Networking and Parsnershyn-refers to matchmaking `Core Alliance responsibility 'ewes and networking events and activities. =Alliance supporting role 9 May 21, 2019 14 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 (Continued) Here is an overview of HREDA's Focus and Future Direction: Transforming the HREDA Role to Enhance Business Growth HREDA should become a more pro-active and effective investment promotion agency in line with global best practice,working in close collaboration with VEDP and local EDOs. HREDA should support indigenously grown sectors and help promote these capabilities internationally and help foster the growth of regional clusters in Hampton Roads Recommended Future HREDA Direction Lead targeted pro-active marketing and gomotbn or Bampton Roots to investors Current HREDA Focus and companies lin collaboration with PE DP and local Food,coupled with anise business fxddation ane wppon. • Marketing/promotion for inward investment Function as the prime print et contact for comport.and eoordlnatorfor porn..activities and support with other organizations and stakeholders. Lead generation pra..etlaeh support the Indigenous growth of Hampton Roads companies through international promotion of capabilities Business facilitation Act as facilitator for partnerships between inward investment firms and local companies and support regional efforts for Industry-university conaboratbn for research,skills and cluster development. Research and analysts playa strong poky advocacy role towards cores.region organizations and current actresses !ecu.ew, Commonwealth government...ties in support of economic development promotion,focglmtlon and support Organte and support enaction and investor/cluster development programs. MEM shouts become a proactive marketing orponiaation acting as estates for growth through integrated support and effective promotion,cluster development and advocacy 1 L" Mr. Scifres turned the presentation over to Mr. Herbert: 2019 Results May 21, 2019 15 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 (Continued) There have been ninety-three (93)new jobs so far this year with an average annual income of$50,000: New Business Gained YTD Inside Business Ad—April,2019 1 866 Totals p rl I mm s,oxacc • Cagan►alms ode CITY OF PORTSMOUTH Jobs 33 60 93 •e..ov.aPRIMED FIMISEIVlES1 Payroll $1,116,060 $3,000,000 $4,116,060 b.•ws 0 s ewwaa Investment $21M $60M $81M Sq.Ft. 100K 200K 300K 13 There is a 28%increase in projects from last year: Working on 23 projects • Aerospace Project • Modpack • Big Belly • Movement • Branopac • Negroni • Citrine • Paint/Primer • Fly • Paradise Fruits • Fulcrum • Razor • Gingerbread • Rectangle • Graf • Spray • Hemlock • SRP Companies • Hipster • Tailwind • Maxlite aka LED • Theon • Ventower 14 May 21, 2019 16 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 (Continued) The next three (3)slides provide an overview on HREDA's 2019 initiatives: The Alliance&VEDP: Stronger Together NEW for 2019: • Quarterly face-to-face meetings • Business Retention&Expansion • Working closely with the VEDP to implement • Site(Product)Management • Increasing viable sites for development VEDP iL The Alliance&Cities: Stronger Together NEW for 2019: • Monthly Regional Economic Development meetings • 50%increase v.2018 • Increases visibility across all cities and counties in the Alliance • HRPDC,HRMFFA,and HR Workforce Council are members • Marketing Missions • At least 2 cities join the Alliance for 2019 marketing missions • Master Agreement for Economic Development • New agreement between the cities and Alliance that clarify duties and responsibilities May 21, 2019 17 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 (Continued) Marketing Activity—Increase v. 2018 VEDP Consultants Meeting—Chicago TBIC Mission—Switzerland TBIC Mission-Austria&Bavaria Consultant Mission—Atlanta/Greenville PM&P Fruit Logistica—Germany PM&P Transport Logistic—Munich ROI Mission to Toronto SelectUSA—Washington DC RILA Supply Chain Conference—Orlando RCI Mission#3—San Francisco VEDP Consultants Meeting—Dallas SEDC Annual Conference—New Orleans VEDP Shared Services&Outsourcing—Orlando Site Selectors Guild—Dallas Site Selectors Guild Annual Conference—SLC PM&P FachPack—Germany VEDA Spring Conference—Harrisonburg PM&P Marketing Mission—Germany Consultants Forum OutFront Summit—Richmond PM&P Anuga Show—Germany PM&P Hanover Trade Fair&Mission—Germany PM&P K2019 Show—Germany RCI Mission#1—Seattle/Portland WIN Conference—Denver NextGen Conference—Brooklyn RCI Mission#4—LA&San Diego RCI Mission#2—Philly/NYC TBIC Mission—Israel&Turkey Most trips include 2 localities. List does not include 10 domestic trips that are still TBD and will be arranged by our consultant,310. 17 Here is an example of Key Performance Indicators that will be tracked quarterly;Business Attraction, Marketing Activities, Investor Relations and Community Involvement: Benchmarking-Keeping the Alliance Accountable We have taken benchmarks from similar sized EDOs and created Key Performance Indicators(KPIs). We will track quarterly Business Attraction,Marketing Activities,Investor Relations,and Community Involvement. The Aman.NPI Score.. e.1enced Seen.. �i0 earl-riai©i0 MENIIIMINS=1111==="1=1M111•11111172=11M=ME2Mo moi®ir [ ii©0 -©gym--- OT=MIIIIIIIMICE:=11=1=12e11•1=MM:=INEMZEMIEl==113212M11 ma amINIIIMIMIIImoI om mm111111•1mo1 CELTMI:MMLTM ooIIIIIMoo� i0m aoN=M11111Moi0MIIIM i0i0 oa1IMINIIIIMa©ice 18 May 21, 2019 18 CITY MANAGER'S BRIEFINGS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE(HREDA) REVISED MASTER AGREEMENT ITEM#69275 (Continued) Questions? 19 Mayor Dyer expressed his appreciation to Mr. Herbert, Mr. Scifres and Mr. Hansen for the presentation. May 21, 2019 19 CITY MANAGER'S BRIEFINGS THE LAKES,PRINCESS ANNE PLAZA AND WINDSOR WOODS COMBINED DRAINAGE PROJECT ITEM#69276 4:52 P.M. This presentation was rescheduled due to time constraints. May 21, 2019 20 CITY MANAGER'S BRIEFINGS PINEY GROVE BAPTIST CHURCH PARKING LOT LIGHTING UPDATE ITEM#69277 4:53 P.M. Mayor Dyer welcomed Bobby Tajan, Director—Planning and Kevin Kemp, Zoning Administrator- Planning. Mr. Tajan expressed his appreciation to City Council for their continued support and turned the presentation over to Mr. Kemp: Piney Grove Baptist Church Agenda Item Council District Princess Anne Location 2804 Holland Road 6 Applicant plans to withdraw this item when the new light fixtures are installed and the lights are in compliance with the approved conditions • /40 ® .i6 " Modification of Conditions(Religious Use) Staff Recommends Approval Planning Commission voted 7-3 to recommend Denial The next two (2)slides provide a Brief History of the Piney Grove Baptist Church Application: Piney Grove Baptist Church Brief History: • Planning Commission June 10,2015. • Concerns raised were parking and traffic. • PC suggested removing home fronting Bald Eagle Road to increase parking area. • City Council approval granted July 14,2015. • Conditions required parking lot lights to be on motion sensors when church is not in use. • Condition written by Zoning Administrator Lesley between PC and CC meeting. • Site plan approved October 15,2016.Construction from December 2016 to March 2018. • Neighbor concerns in May 2017-elevated parking lot,landscaping,drainage,and brightness of lights. • June 2017 to present-Staff works with applicant and neighbors to resolve issues noted above. • 8'tall privacy fence installed,shields installed on lights,landscape deficiencies addressed,drainage addressed. • December 2018-Planning Director briefed City Council. • Staff continues to work with ET Gresham to resolve drainage,and Pace to resolve lighting. Piney Grove Baptist Church Agenda Item 6 May 21, 2019 21 CITY MANAGER'S BRIEFINGS PINEY GROVE BAPTIST CHURCH PARKING LOT LIGHTING UPDATE ITEM#69277 (Continued) Piney Grove Baptist Church • Planning Commission,November 14,2018 • On January 15,2019,City Council deferred this item • Modification request to remove motion sensor requirement. for six months to resolve concerns raised by adjacent • Staff recommended approval.Staff felt that the motion sensors home owners.The applicant requested to withdraw would not provide relief to the neighboring properties in regard to the item and comply with original approved lighting lighting,and would only be more of a nuisance if the lights came on condition. and off throughout the night. • Planning Commission recommended denial because they felt the • On January 25,2019,City staff met with church should do what they agreed to with the approved conditions. Councilwoman Henley,the applicant's lighting engineer and neighbors.Proposed new lighting fixtures were discussed.Details of solution below. F \ - • 9 fixtures will be replaced,all on motion _ �:• — sensors. • Fixtures programable:full brightness until 8 pm, • - O y _-_ ! between 8 pm and 10 pm,fixtures by residences • • dim to 50%brightness,fixtures by road to 75% OO;:��•"••• • �'j brightness.After 10 pm,fixtures on motion oOsensors and only on when triggered. •• - •• II • Sensitivity of motion sensors can be adjusted. • Go` • v J, ,t • v Piney Grove Baptist Church Agenda Item 6 Mr. Kemp advised he went to the parking lot on May 20, 2019, at 11:30 P.M., to verify the lighting requirements had been met. Mr. Kemp advised the two rear parking lot lights were on but there was no glare and the lights in the middle of the parking lot came on when he approached and were dimmed: Piney Grove Baptist Church Update: Lighting requirements: • New fixtures were delivered to the site first week of May. • New fixtures installed and programmed on May 15. • New fixtures are on motion sensors and will satisfy approved lighting condition. Landscaping requirements: • Site inspected for compliance with approved plan on April 12'" • Letter sent by the Zoning Office on April 15'"identifying four items needing to be done to be in compliance: 1. Replace one shrub(Chino Viburnum)along western edge of parking lot; 2. Replace one dead Willow Oak tree along western edge of parking lot; 3. Remove three dead shrubs in the area to the north of the fence along Bald Eagle Drive; 4. Remove three dead trees in the northwest corner of the parking lot. Drainage requirements: • Certification has been received from manufacture that the underground storage/treatment device is installed functioning as designed. • Swale at rear of church has been regraded and re-stabilized. • As-Built resubmitted 4/25/19.Four(4)minor comments related to final stabilization and spot regrading sent to applicant on 5/14/19.Final sod and hand regrading scheduled for Thursday,5/23/19.Staff will do follow up inspection. Piney Grove Baptist Church Agenda Item 6 May 21, 2019 22 CITY MANAGER'S BRIEFINGS PINEY GROVE BAPTIST CHURCH PARKING LOT LIGHTING UPDATE ITEM#69277 (Continued) Mr. Kemp advised the landscape requirements are met. The remaining slides provide pictures of the landscaping around Piney Grove Baptist Church taken on May 21, 2019: Piney Grove Baptist Church, May 21,2019 Front Parking Lot facing Holland Road ft ,...00r--. M i' I N 4. ' _ ''' R 74,,,--4 .11 r Y 4� • fig, ' :taa, ''- , I k 4'''''f4-5*.r te, • ' Y Rear Bald Eagle Road , Frontage May 21, 2019 23 CITY MANAGER'S BRIEFINGS PINEY GROVE BAPTIST CHURCH PARKING LOT LIGHTING UPDATE ITEM#69277 (Continued) Rear Bald Eagle Road Frontage ya Rc ; fix' .2 ;a.ry '' :` i .„------440111----- .... Rear Parking Buffer May 21, 2019 24 CITY MANAGER'S BRIEFINGS PINEY GROVE BAPTIST CHURCH PARKING LOT LIGHTING UPDATE ITEM#69277 (Continued) Side Parking Buffer if E;kik, �w '�_ fir yew $ ': ,..,. I T 4 qL, Ems. . 41111 t.A. i1 1. a - . ' i �- 4 View from Nv'f .. , , - Bald Eagle Road w Mayor Dyer expressed his appreciation to Mr. Tajan and Mr. Kemp for the presentation. May 21, 2019 25 CITY COUNCIL COMMENTS ITEM#69278 5:05 P.M. Council Member Moss advised he attended the joint MEDAC Meeting on May 20, 2019, and discussed three main points. The Veteran's Employment Center is successful in finding jobs for veterans but with the average salary of$46,000, some veterans are leaving the region for higher paying jobs. Council Member Moss advised the Secretary of the Navy sent out a letter this past February seeking a response from interested Cities in establishing a Naval Community College. Council Member Moss advised he will provide the letter to Council for review. Council Member Moss advised the final point was maritime employment, a high-skilled and long-term work force, which provides students graduating from technical schools an opportunity to fill those jobs. May 21, 2019 26 CITY COUNCIL COMMENTS ITEM#69279 (Continued) Council Member Wilson advised the State Broadband Advisory Council will hold a meeting tomorrow, May 22, 2019, at 12:30 P.M., at the Convention Center and invited everyone interested to attend. May 21, 2019 27 CITY COUNCIL COMMENTS ITEM#69280 (Continued) Council Member Berlucchi advised he attended the Human Rights Commission meeting two weeks ago for a recap of the Something in the Water Festival with stakeholders. Council Member Berlucchi advised a special partnership has evolved between the Human Rights Commission and the Resort Advisory Commission members over the course of discussions regarding college beach weekend. Council Member Berlucchi applauds their efforts in generating positive discussions and the impact of those relationships go beyond the Resort Area, these two Commissions are bringing people of diverse groups together. May 21, 2019 28 CITY COUNCIL COMMENTS ITEM#69281 (Continued) Council Member Wooten advised she attended the 2040 Vision to Action Community Coalition (VTACC) meeting and requested to have a date scheduled for the leadership to provide a presentation to City Council. May 21, 2019 29 CITY COUNCIL COMMENTS ITEM#69282 (Continued) Council Member Wooten advised the Disparity Forum will take place tomorrow, May 22, 2019, at 6:00 P.M, at the Sandler Center and invited anyone interested to attend. May 21, 2019 • 30 CITY COUNCIL COMMENTS ITEM#69283 (Continued) Council Member Henley advised she attended the Hampton Roads Planning District Resiliency Sub- Committee Meeting on May 17, 2019, where they discussed possible state and federal funding for flooding as well as the SMART Scale Program and how there is no rating for flooding. Council Member Henley advised it was a good discussion that left her feeling hopeful. • May 21, 2019 31 CITY COUNCIL COMMENTS ITEM#69284 (Continued) Council Member Abbott advised she attended the Ferry Point Park Ribbon Cutting Ceremony on May 8, 2019. Council Member Abbott advised there were a lot of people representing independent agencies and boards in attendance who are willing to give money to gather land and properties with flood risk to convert into something usable. Council Member Abbott believes this is a great opportunity to take this model with the Elizabeth River Foundation and implement it across the City. May 21, 2019 32 CITY COUNCIL COMMENTS ITEM#69285 (Continued) Council Member Moss advised there was media coverage on the Sandbridge Replenishment Project earlier today and requested to have the City Manager provide a statement on the status. Mr. Hansen advised there are two major Sand Replenishment Projects. For the project at the oceanfront, they are mobilizing now and will be pumping sand during the summer season. Currently, there is RFP out for a bid opening on the Sandbridge Beach Replenishment Project; however, there could be delays depending on the results of the bid process and turtle season. The sand replenishment is expected to begin after the turtle season is over. May 21, 2019 33 CITY COUNCIL COMMENTS ITEM#69286 (Continued) Council Member Rouse advised during turtle season,people should not dig holes on the beach deeper than their knee, to ensure turtles are not trapped in large holes after they lay their eggs and can return to the ocean. May 21, 2019 34 AGENDA REVIEW SESSION ITEM#69287 5:20 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE approximately 11.7 acres of City Property on Bonney Road in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the property to Olympia Development Corporation re two (2) professional office buildings, one (1) multi family residential building and structured parking units 2. Ordinance to DECLARE EXCESS City Property at Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to sell same to Tony D,LLC and Cynthia D,LLC 3. Ordinance to AUTHORIZE a temporary encroachment into a portion of City right-of-way known as Sandfiddler Road adjacent to 3540 Sandfiddler Road re four(4) existing block pillars and two (2) existing block walls 4. Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Lake Joyce and the twenty(20)foot strip around Lake Joyce at the rear of 4417 Powells Point Road re rebuild an existing bulkhead and to construct and maintain approximately 90 linear feet of vinyl bulkhead, a pier and a sixteen (16')foot return wall 5. Ordinance to APPROPRIATE$35,000 to CIP#3-154 Fire Training Center Improvements IV, with realized interest income from Aid to Locality(ATL)grants re the purchase and installation of a new sign at the Virginia Beach Fire Training Center 6. Ordinances to TRANSFER: a. $119,573 from the FY 2018-19 Police Department Operating Budget to CIP#3-344 "Police Fourth Precinct-Replacement"re technology equipment and installation costs b. $169,200 from the Federal Emergency Management Administration (FEMA) re reimburse participating agencies of Virginia Task Force 2 for cost related to Hurricane Florence/Michael ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO JUNE 18, 2019 ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#6a WILL BE CONSIDERED SEPARATELY May 21, 2019 35 AGENDA REVIEW SESSION ITEM#69287 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: I. PLANNING 1. GLASSELL S.SCOTT, Jr.for a Street Closure re an unimproved,unnamed alley adjacent to the rear of a vacant parcel on Vanderbilt Avenue, approximately 375 square feet from Croatan Road (Lot 18, Block 18, Croatan Beach)DISTRICT 6—BEACH 2. TONY D,LLC and CITY OF VIRGINIA BEACH for a Conditional Change ofZoningfrom AG- 2 Agricultural to Conditional 0-2 Office at the northwest corner of Princess Anne Road and Winterberry Lane DISTRICT 7—PRINCESS ANNE 3. 7-ELEVEN,INC./ZP NO 31,LLC for a Conditional Change of Zoning from B-1 Neighborhood Business to Conditional B-2 Community Business and for a Conditional Use Permit re automobile service station at 5300 Princess Anne Road DISTRICT 2—KEMPSVILLE 4. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE(Deferred from January 15, 2019) 5. WASSERHUND BREWING COMPANY/CONTE ACQUISITIONS,LLC for a Modification of Conditions re craft brewery at 1805 Laskin Road, Suite 102 DISTRICT 6—BEACH 6. PHIL KELLAM/VBK PROPERTIES,LLC for a Conditional Use Permit re assembly use at 2384 Princess Anne Road(Deferred from May 7, 2019) DISTRICT 7—PRINCESS ANNE 7. K& T, INC., DBA BALLYHOOS/MARINA SHORES REPAIR CORP for a Conditional Use Permit re outdoor recreation & assembly use facility at 2865 Lynnhaven Drive, Suite D3 DISTRICT 5—LYNNHAVEN ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED FOR DEFERRAL TO JUNE 4, 2019 ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#6 ITEM#7 WILL BE CONSIDERED SEPARATELY May 21, 2019 36 ITEM#69288 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). • Lynnhaven District PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Lynnhaven District 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 • VBCDC Board of Directors May 21, 2019 37 ITEM#69288 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 5:23 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Closed Session 5:23 P.M. —5:59 P.M. May 21, 2019 38 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MAY21,2019 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,May 21, 2019, at 6:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M Henley, Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Reverend Greg Ott Chalice Christian Center 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"), who's 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. May 21, 2019 39 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 identify any matters in which she might have an actual or potential conflict. If during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015, is hereby made a part of the record. May 21, 2019 40 ITEM— VI-E CERTIFICATION ITEM#69289 Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 GANG BEite 1 15 SQ U �4 rJ O UR .„,0 S RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#69288 Page 37 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. tkii A Wnda Barnes, MMC City Clerk May 21, 2019 41 ITEM-VLF MINUTES ITEM#69290 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of April 30,2019 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: Michael F. Berlucchi Council Members Absent: None May 21, 2019 42 ITEM-VLF MINUTES ITEM#69291 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of May 7, 2019 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: Michael F. Berlucchi Council Members Absent: None May 21, 2019 43 ITEM-VLF MINUTES ITEM#69292 Upon motion by Council Member Moss, seconded by Vice Mayor Wood, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of May 7, 2019 and the SPECIAL FORMAL SESSION of May 14, 2019 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, John D. Moss, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 44 ITEM— VLG FORMAL SESSION AGENDA ITEM#69293 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT, Agenda Items H: Ordinances/Resolutions 3(DEFER TO JUNE 18, 2019), 4, and 6b and Planning Agenda Items I:1 and 4(DEFER TO JUNE 4, 2019) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED FOR DEFERRAL TO JUNE 18, 2019 ITEM#5 WILL BE CONSIDERED SEPARA TEL Y ITEM#6a WILL BE CONSIDERED SEPARATELY PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED FOR DEFERRAL TO JUNE 4, 2019 ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY May 21, 2019 45 ITEM— VLH.1 ORDINANCES/RESOLUTIONS ITEM#69294 The following registered to speak: Conrad Schesventer, 1367 Hafford Road, Phone: 719-2113, spoke in OPPOSITION Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Virginia Wasserberg, 4412 Sanibel Circle#101, Phone: 963-8679, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED TO JUNE 4, 2019, Ordinance to DECLARE approximately 11.7 acres of City Property on Bonney Road in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the property to Olympia Development Corporation re two (2)professional office buildings,one (1) multi family residential building and structured parking units Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 46 ITEM— VLH.2 ORDINANCES/RESOLUTIONS ITEM#69295 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION of the sale of excess property Cheryl Scott, Phone: 472-2901, spoke in SUPPORT of the sale of excess property Warren Murphy, 3244 Barberry Lane, Phone: 739-3878, spoke in SUPPORT of withdrawal Jennifer Carrick, 3268 Twinflower Lane, Phone: 553-0604, spoke in SUPPORT of withdrawal Upon motion by Council Member Henley, seconded by Council Member Moss, City Council ALLOWED WITHDRAWAL, Ordinance to DECLARE EXCESS City Property at Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to sell same to Tony D,LLC and Cynthia D,LLC Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 47 ITEM— VLH.3 ORDINANCES/RESOLUTIONS ITEM#69296 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED TO JUNE 18,2019,BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City right-of-way known as Sandfiddler Road adjacent to 3540 Sandfiddler Road re four(4)existing block pillars and two (2) existing block walls Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 48 ITEM— VLH.4 ORDINANCES/RESOLUTIONS ITEM#69297 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Lake Joyce and the twenty(20)foot strip around Lake Joyce at the rear of 4417 Powells Point Road re rebuild an existing bulkhead and to construct and maintain approximately 90 linear feet of vinyl bulkhead, a pier and a sixteen (16')foot return wall Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M Henley, Louis R.Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE JOYCE 7 AND THE 20' STRIP OF CITY 8 PROPERTY AROUND LAKE JOYCE 9 LOCATED AT THE REAR OF 4417 10 POWELLS POINT ROAD, FOR 11 PROPERTY OWNER DONALD E. 12 SPENCE AND MARILYN V. SPENCE 13 14 WHEREAS, Donald E. Spence and Marilyn V. Spence desire to rebuild an 15 existing bulkhead and to construct and maintain approximately 90 linear feet (L.F.) of 16 vinyl bulkhead, a pier and a 16' return wall in a portion of existing City property known 17 as Lake Joyce and a 20' strip of City property around Lake Joyce, located at 4417 18 Powells Point Road, in the City of Virginia Beach, Virginia; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald E. Spence, his heirs, 29 assigns and successors in title are authorized to rebuild an existing bulkhead and to 30 construct and maintain temporary encroachments for approximately 90 linear feet (L.F.) 31 of vinyl bulkhead, a pier and a 16' return wall, upon a portion of City property known as 32 Lake Joyce and the 20' strip of City property around Lake Joyce, as shown on the map 33 marked Exhibit "A" and entitled: "EXHIBIT 'A' PROPOSED ENCROACHMENT OF 34 PIER & BULKHEAD WITH RETURN WALLS IN LAKE JOYCE," Dated October 9, 2018, 35 Scale: 1" = 30', a copy of which is attached hereto as Exhibit "A" and on file in the 36 Department of Public Works and to which reference is made for a more particular 37 description; 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and Donald E. Spence and Marilyn V. Spence (the "Agreement"), 42 an unexecuted copy of which has been presented to the Council in its agenda, and will 43 be recorded, after execution, among the records of the Clerk's Office of the Circuit Court 44 of the City of Virginia Beach; 45 46 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 47 hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 50 time as Donald E. Spence Marilyn V. Spence and the City Manager or his authorized 51 designee execute the Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day 54 of May , 2019. CA-12543 R-1 PREPARED: 5/13/19 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM /Wag PUBLI S ''ORKS, REAL ESTATE DANA '. H• RMEYER, `` SENIOR CITY ATTORNEY 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 c/day of 7)76'‘.7 , 2019, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DONALD E. SPENCE and MARILYN V. SPENCE, 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 23", as shown on that certain plat entitled: "POWELLS POINT PROPERTY OF EVELYN POWELL SITUATE IN KEMPSVILLE DISTRICT, PRINCESS ANNE COUNTY, VA.," Scale: 1" = 100', dated December 27- 1951, prepared by P. F. Mueller C.E. 118 and approved by W. B. Gallup, County Surveyor — Princess Anne Co. Yd., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 36, and being further designated, known, and described as 4417 Powells Point Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to rebuild an existing bulkhead and construct and maintain approximately 90 linear feet (L.F.) of vinyl bulkhead, a pier and a 16' return wall, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: 1570-80-2438; Lake Joyce and 20' strip of City Property 1479-69-9719; 4417 Powells Point Road WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' PROPOSED ENCROACHMENT OF PIER & BULKHEAD WITH RETURN WALLS IN LAKE JOYCE," Dated October 9, 2018, Scale: 1" = 30', 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 Encroachments 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 Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. 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 Encroachments 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 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 3 the insurance must be registered 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; 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 4 ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donald E. Spence and Marilyn V. Spence, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (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 , 2019, 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 , 2019, 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 By ✓� ��f„--....,--,e----- ,Donald E. Sp , Owner 4 'tir By : 1 ,( ' Marl n . Spe' ce, Owne / STATE OF 4/ e6.7A4 CITY/COUNTY OF V-7-/e64-Z4 -wit: The foregoing instrument was acknowledged before me this�_ Oday of ///4/4) , 2019, by Donald E. Spence ILIAII N•a' Public -.4118104 Ire Notary Registration Number: " 6e-i/D6 ,••r-\�............. 4'41% : / 4�;.• NOTARY 94 My Commission Expires: / l c302 02 > . REG , c, s MY COMMISSION? s STATE OF (/ ""��'%, 4. 1.TH of��0.0 TQC G�.?"�/ 4~44.HNgOtMM CITY/COUNTY OF 1,! ', -i- , to-wit: eD The foregoing instrument was acknowledged before me this-) day of FY)iri , 2019, Marilyn V. Spence 'L. JL/._0, ;i/ 6. AL) Not- Pubic M470 ` • 4t Notary Registration Number: --36(7666 �,�0.177„„,,... , MyCommission Expires: 2 '9q " p = is,g- NOTARY• < . :• PuBUC : f REG.07364066 1 9 c 0 i OMPA1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM OkidijfA N S NAT DA ' • -. ARMEYER, SENIOR CITY ATTORNEY �✓ -Ltakkg D PARTMENT 8 m POWELLS POINT RD m 30'ROW MB.29 PG.36 EDGE OF ROAD D 1000'GREENWELL RD L=130.30' cn Da; o �/" R=50.1 1 p3 C) m 3 ,'p,LTH op N .41, CT CI La cb S"�� i` 10' 0' 10' 20' 30' 8 DAVID KLEDZK y s4, LIC.No 034674 SCALE:1"= 30' 10 10/9/2018 i /-PROPERTY LINE O PROPERTY LINE ��ONAL #C1 7w bo O 0 tiI o o z Z O J W c, #4417 v POWELLS POINT LOT 22 ca o �° N/F DONALD E SPENCE 4413 POWELLS POINT ROAD POWELLS POINT LOT 28 GPIN#1479790707 POWELLS POINT LOT 24A N/F DONALD E&MARILYN V SPENCE INST#20181001000806040 N/F JEANETTE T HEDRICK TRUST 44i7YOWELLS YUIN I ROAD MB 29 PG 36 4501 POWELLS POINT ROAD GPIN#1479699719 GPIN#1479698707 TR#20100804000788450 DB 4547 PG 319 M 29 PG 16 MB 101 PG 27 8'RETURN WALL -EXISTING BULKHEAD _ 16'RETURN WALL 1- l __ 20'STRIP&HISTORIC WATERLINE 12' 19' SCALED FROM PLAT •...,, 2' 7 1 `\ VB CITY PROPERTY NWL AT BULKHEAD PROPOSED BULKHEAD /;' l PIER IE0740 LAKE JOYCE (VB CITY PROPERTY) 12 BAYLAKE PINES BLACKBEARD ISLAND PARCEL D N/F GINGER M COLLIER TRUST ETAL i-GPIN#1479791048 INSTR#200403180043919 MB 22 PG 16 APPLICATION FOR ENCROACHMENT BY: EXHIBIT A PREPARED BY: PROPOSED ENCROACHMENT MARINE ENGINEERING DONALD E SPENCE 4212 DOUGHERTY CT MARILYN V SPENCE OF VIRGINIA BEACH, VA 23455 PIER & BULKHEAD WITH RETURN WALLS SHEET 1 OF 1 4417 POWELLS POINT RD IN VIRGINIA BEACH, VA 23455 LAKE JOYCE REV1 DATE: OCTOBER 9, 2018 II Point Road 4417 Powe s „ . . . . .. N 1‘ ..s .---::-:-:--:.......- - --- -.... -. I ,A C//i N.,...,....:_ ______....___ / L i ? ~{_ /1_479-69-97191 t? j--'��-' /"n.,% i __ _ _..._ .-- ,.... ,. ii.. 0„ _.,i,,oiliikio. , _ .. ...s. .V —� LOCATION MAP ENCROACHMENT REQUEST .••.•.••.•:•:•..•.i..•..::•••:•••::•.;••.:,•.......•...•....•....•.1..•..:....•:; •%.•..•.:•::•••:.:..',,•-...:.•::i.:..:.•......"........•v..........,.......:.•.-..•..:•;:•..:..•..:.•.::..;:••;•.:...•...;:.,:::::...::.•:.:•:• • /7 FOR DONALD E. &MARILYN1 V.SPENCE 4417 POWELLS POINT ROAD GPIN 1479-69-9719 Legend _- Feet L__ ;City Property 0 50 100 200 I 11 g'''' moi r s 44, --_.______, • am S !ginia Beach 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 tee. • 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 t`, 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 FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: ENO CHANGES AS OF DATE: .S/f-3//9 REVISIONS SUBMITTED DATE: iii" ��' NB Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, 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. U Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. f" Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (% Q Yi.57/ 2. i c. ,ee_a_GL. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach 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 entityrelationship" 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. O • 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: YES NO SERVICE PROVIDER (use additional sheets if needed) XI and/or preparer of your tax return � 'yj Architect/ Landscape Architect/ '7' 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) El Constructionl Constructicoxr keArELS e ►s-pcuc s10,-, Engineers /Surveyors David KL-E.,6z+K, P.E. rlketiA-) 6-Iv4hvEQ4r.✓A mac` The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach Financing (include current/tEf EAP mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IT J, Legal Services ❑ -0. Real Estate Brokers / Agents 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? 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. `` / >,�— �7�,tifl�D s,' ,^�� r= 3 m4 /`7' APPLICANTS SIGNATURE PRINT NAME DATE )4/ gAZ Way/ 601 R.•ERTY OWN S SIGNA`rt7� PRINT NAME /� DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 49 ITEM— VLH.5 ORDINANCES/RESOLUTIONS ITEM#69298 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 APPROPRIATE$35,000 to CIP#3-154 Fire Training Center Improvements IV, with realized interest income from Aid to Locality (ATL) grants re the purchase and installation of a new sign at the Virginia Beach Fire Training Center Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 1 AN ORDINANCE TO APPROPRIATE $35,000 IN 2 INTEREST INCOME TO CIP #3-154 FIRE TRAINING 3 CENTER IMPROVEMENTS IV FOR THE PURCHASE 4 AND INSTALLATION OF A NEW SIGN AT THE 5 VIRGINIA BEACH FIRE TRAINING CENTER 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $35,000 is hereby appropriated to CIP #3-154 Fire Training Center 11 Improvements IV, with realized interest income from Aid to Locality grants increased 12 accordingly, for the purchase and installation of a new sign at the Virginia Beach Fire 13 Training Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of MaY , 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 y •tt•r -y's Office CA14752 R-2 May 15, 2019 50 ITEM-VI-H.6a ORDINANCES/RESOLUTIONS ITEM#69299 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: a. $119,573 from the FY 2018-19 Police Department Operating Budget to CIP#3-344 "Police Fourth Precinct-Replacement"re technology equipment and installation costs Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE FY 2 2018-2019 POLICE DEPARTMENT OPERATING BUDGET 3 TO CAPITAL PROJECT # 3-344, "POLICE FOURTH 4 PRECINCT-REPLACEMENT" 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $119,573 is hereby transferred from the FY 2018-19 Police Department 10 Operating Budget to CIP project # 3-344, "Police Fourth Precinct-Replacement" for 11 technology equipment and installation costs. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 S t day of May 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f OAJ Budget and Management Service orn•y's Office CA14750 R-1 May 6, 2019 51 ITEM-VI-H.6b ORDINANCES/RESOLUTIONS ITEM#69300 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: b. $169,200 from the Federal Emergency Management Administration (FEMA) re reimburse participating agencies of Virginia Task Force 2 for cost related to Hurricane Florence/Michael Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D. Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN 2 THE FLORENCE / MICHAEL DEPLOYMENT GRANT 3 TO REIMBURSE PARTICIPATING AGENCIES OF 4 VIRGINIA TASK FORCE 2 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $169,200 in funding from the Federal Emergency Management 10 Administration is hereby transferred from salaries accounts to operating accounts within 11 the Hurricanes Florence/Michael deployment grant to reimburse participating agencies 12 for their work during the deployment. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of May , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Budget and Management Services City-Atto-ney' Office CA14755 R-2 May 15, 2019 52 ITEM—VI-I.1 PLANNING ITEM#69301 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of GLASSELL S. SCOTT, Jr.for a Street Closure re an unimproved, unnamed alley adjacent to the rear of a vacant parcel on Vanderbilt Avenue, approximately 375 square feet from Croatan Road(Lot 18, Block 18, Croatan Beach)DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GLASSELL S.SCOTT, Jr.for a Street Closure re an unimproved, unnamed alley adjacent to the rear of a vacant parcel on Vanderbilt Avenue, approximately 375 square feet from Croatan Road(Lot 18, Block 18, Croatan Beach) (GPIN 2426383787)DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verb that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be made. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by city Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City council approval, said approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21st day of May Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 1 ORDINANCE APPROVING APPLICATION OF 2 GLASSELL S. SCOTT, JR. FOR THE CLOSURE 3 OF ONE-HALF OF AN UNIMPROVED, UNNAMED 4 ALLEY ADJACENT TO THE REAR OF A VACANT 5 PARCEL ON VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, Glassell S. Scott, Jr. ( the "Applicant") applied to the Council of the 8 City of Virginia Beach, Virginia, to have the hereinafter described unimproved right-of- 9 way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "INDICATES PORTION OF ALLEY TO BE 27 CLOSED (375 S.F./0.009 AC.)", shown as the hatched area 28 on that certain exhibit plat entitled: "PLAT SHOWING 29 PORTION OF 15' ALLEY ADJACENT TO LOT 18 BLOCK 30 18 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 31 VIRGINIA BEACH, VIRGINIA", dated January 31, 2019, 32 prepared by Stephen I. Boone & Associates, P.C., a copy of 33 which is attached hereto as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy Regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN: 2426-38-3787) 47 2. The Applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the closed area into the adjoining parcel. The resubdivision plat shall be 49 submitted and approved for recordation prior to final street closure approval. 50 51 3. The Applicant shall verify that no private utilities exist within the Right-of- 52 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 53 company must be provided. 54 55 4. Closure of the Right-of-Way shall be contingent upon compliance with the 56 above stated conditions within 365 days of approval by City Council. If the conditions 57 noted above are not accomplished and the final plat is not approved within one year of 58 the City Council approval, said approval shall be considered null and void. 59 60 61 SECTION III 62 63 1. If the preceding conditions are not fulfilled on or before May 20, 2020, this 64 Ordinance will be deemed null and void without further action by the City Council. 65 66 2. If all conditions are met on or before May 20, 2020, the date of final 67 closure is the date the street closure ordinance is recorded by the City Attorney. 68 69 3. In the event the City of Virginia Beach has any interest in the underlying 70 fee, the City Manager or his designee is authorized to execute whatever documents, if 71 any, that may be requested to convey such interest, provided said documents are 72 approved by the City Attorney's Office. 73 74 SECTION IV 75 76 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 77 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 78 VIRGINIA BEACH as "Grantor" and "GLASSELL S. SCOTT, JR." as "Grantee". 79 80 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21st day 81 of May , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Uk4w Planning epartfnent City Attorney CA14637 vbgov.comhdfs I\applications\citylaw\cycom32\wpdocs\d006\p030\00560136.doc R-1 May 10, 2019 EXHIBIT A NOW OR FORMERLY -_ NOW OR FORMERLY DAVID A. KEITH NOW OR FORMERLY 617 VANDERBILT, LLC TONIA R. KEITH SHERRY A. SLATE I.N. 20181005000822170 I D.B. 4263 P. 419 I I.N. 20130626000744260 BEING BEING BEING LOT 5 I LOT 6 I LOT 7 M.B. 24 P. 37 M.B. 24 P. 37 M.B. 24 P. 37 GPIN: 2426-38-3711 I GPIN: 2426-38=3706 I GPIN: 2426-38-2890 15' ALLEY 0 N 07°15'00" W o 15' ALLEY N.B. 24 P. 37) 0 \5O0' \0. \\\ N.B. 24 P. 37) o \ , o o — — I11111111Z-i_ EXISTING R/W LINE TO BE VACATED UPON R/W CLOSURE iii I-1 Q Q F- 1- o 0 F- F- 0 0 NOW OR FORMERLY t1' 'n NOW OR FORMERLY TIMOTHY P. KOUBEK o GLASSELL S. SCOTT, JR. o PAUL A. FILION I.N. 20180412000300580 - o I.N. 20190221000139810 D - D.B. 3527 P. 70 BEING o BEING o BEING LOT 17 o LOT 18 o w LOT 19 M.B. 24 P. 37 0 M.B. 24 P. 37 o M.B. 24 P. 37 GPIN: 2426-38-4753 o GPIN: 2426-38-3787 o GPIN: 2426-38-3894 in 0 . N N Q Ij co to O Cr) Z Zc Qm Q � 0 Ct 0 0 50.00' 0 250.00' S 07°15'00" E VANDERBILT AVENUE (80' R/W) N.B. 24 P. 37) � ��p,LTH o r PLAT SHOWING LEGEND ../( )__, L PORTION OF INDICATES PORTION �. / �'C, 15' ALLEY OF ALLEY TO BE V—.1' ADJACENT TO LOT 18 CLOSED DAVID W. DAIL BLOCK 18 ( 375 S.F./0.009 AC.) Lic. No.2871 CROATAN BEACH Ze' M.B. 24 P. 37 q� 1-31-19 A° TO BE CLOSED d SUg4 ) VIRGINIA BEACH. VIRGINIA STEPHEN I. BOONE & ASSOCIATES, P.C. LAND SURVEYORS SHEET 1 OF 1 JOB #: 19-11 PORTSMOUTH, VIRGINIA DATE: JANUARY 31, 2019 G.',17\17 11 Cie.nJ1,a..,ll Ve..d,.l l!A,,,.',Ce.,....".t p lu 1',17 11 ce,.,,,.c,,t,.i„t.d,og,X25,201)1.13.15 III,1.20,IC _ _J u 1 ,�f 1ti 4 II ,� �' I Y �\1� . \tili CII \ \\I \----ri ti tiliq Or Oy ti ti 1 \ _ • y • a, \I : CO cu I __7,___., Ce:3 'y iI LL _____S-1 : '1 11 ISI . til o f 'I, ,1. ,, l I,I t ,'1' I ' - �_ t ' _ _. `tl t\ l^ 3 r1 e=rr'" N, erb�tt p`�enUer -- > 1- - - nand - -7-1 _ Q lam = �ti .0 Ce l y _ 1_----i-------"T \„ . - 011 ,--\-----\ y-- 'y1 ly `� i C c j bI y \ IJ , i �C13.+ ert `'I` 51 `- ,I` I O O O � 1I\ !I U O t 1, It e co L____._ i\ titii y 1 kIVI �, a I N 9+ O V it Oa CV CO r\ ' t it - 0 0 o0 _ C 1 O O 11111111.11. \ 1-----) \ c) CE 1-------11-~ IL_____--- it '0I, _ --� l- ,I Q \ 111 1 J -01- T\ Z I 1:3E ' C to o r_ t J J 5 ti s CI m ti ZT Cr) 07 �' St • \ = I Y = CD C )) ti, : Surisoe men 0 _ 0mCT) a� . .r;\ \'_ -_ _Y— _ 53 ITEM—VI-I.2 PLANNING ITEM#69302 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION to the sale of excess City property Cheryl Scott, Phone: 472-2901, spoke in SUPPORT to the sale of excess City property Linda Russell, 1212 Skylark Drive, Phone: 427-6481, spoke in SUPPORT to the sale of excess City property Upon motion by Council Member Henley, seconded by Council Member Jones, City Council, ALLOWED WITHDRAWAL, Application of TONY D, LLC and CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from AG-2 Agricultural to Conditional 0-2 Office at the northwest corner of Princess Anne Road and Winterberry Lane DISTRICT 7—PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 semTroutman Sanders LLP 222 Central Park Avenue, Suite 2000 troutman Virginia Beach, Virginia 23462 sanders troutman.com R.J. Nutter II Practice Coordinating Partner D 757.687.7502 F 757.687.1514 rj.nutter@troutman.com May 15, 2019 BY EMAIL Amanda Barnes, MMC, City Clerk City of Virginia Beach Office of the City Clerk 2401 Courthouse Drive, Suite 281 Virginia Beach, Virginia Re: Conditional Rezoning Application of Tony D LLC Dear Amanda: After consultation with my client, Tony D, LLC has elected to withdraw its application that was scheduled to be heard by the Virginia Beach City Council on Tuesday, May 21, 2019, as well as a request to purchase the City's property at the corner of Winterberry Lane and Princess Anne Road. Thanking you for your assistance in this matter, I am Sincerely, _� _ -- - - 6- ----/ , , 4 - R.J. Nutter II cc: Mayor Robert M. Dyer (by email) Councilmember Barbara Henley (by email) William R. Landfair, AICP (by email) 38951141v1 54 ITEM—VI-I.3 PLANNING ITEM#69303 The following registered to speak: Robert Beaman, 222 Central Park Avenue, Suite 2000,Attorney for the Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Abbott, seconded by Council Member Moss, City Council,APPROVED, AS PROFFERED/CONDITIONED,Application of 7-ELEVEN,INC./ZPNO 31,LLC for a Conditional Change of Zoning from B-1 Neighborhood Business to Conditional B-2 Community Business and for a Conditional Use Permit re automobile service station at 5300 Princess Anne Road DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 7-ELEVEN,INC./ZP NO 31, LLC for a Conditional Change of Zoning from B-1 Neighborhood Business to Conditional B-2 Community Business and for a Conditional Use Permit re automobile service station at 5300 Princess Anne Road(GPIN 1466591917)DISTRICT 2—KEMPSVILLE The following conditions shall be required: Conditional Change of Zoning: An Agreement encompassing Proffers shall be recorded with the Clerk of the Circuit Court Conditional Use Permit: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "PA RD.AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1, 2019, and prepared by Blakeway Corporation (the "Concept Plan'), 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 entitled "7-ELEVEN STORE #1044479", dated March 1, 2019, and prepared by Intrepide Design (the "Exterior Elevations'), which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 3. Signage for the site shall be limited to: a. Directional signs. May 21, 2019 55 ITEM—VI-L3 PLANNING ITEM#69303 (Continued) b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a brick 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. 4. All light fixtures in the parking lot shall be limited to fourteen (14)feet in height and may remain on at any time,provided that the source of the light is shielded to not be visible from the property lines of adjacent properties and that the light be contained on the subject property. 5. 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. 6. No outdoor vending machines and/or display of merchandise shall be permitted. 7. The dumpsters shall not be tipped or serviced between the hours of 10:00 p.m. and 7:00 a.m. 8. The landscape screening buffer adjacent to the residentially zoned properties shall include a double row of trees and shrubs and the installation of a six (6)foot tall solid privacy fence along the property line. 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 2r day of May Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 56 ITEM—VI-I.4 PLANNING ITEM#69304 The following registered to speak Eddie Abrams, 2909 Ryan Court,Phone:426-2394, spoke in SUPPORT of application withdrawal Harry Leshley, 1712 Creek Stone Court, Phone:285-9391, spoke in SUPPORT of application withdrawal Cheryl Scott, Phone: 472-2901, spoke in SUPPORT of the lighting conditions being met Linda Russell, 1212 Skylark Drive, Phone: 427-6481, expressed appreciation to City Staff Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,DEFERRED TO JUNE 4, 2019,BY CONSENT,Application of PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE (Deferred from January 15, 2019)DISTRICT 7—PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 ! / C) I�� v� 0f; P fr / L./ , / . r r , iO` --...../ ( N ii /4/00 Q� IL o rn 4i`- .......... efill c) o Oo D 0I ///7? /..;::___...,_______, It' O 1 ,- cu --------L_______d p �� \ :--- -_ ---=--_-. 0 \ ‘ es 0 1. \ ; A, \ • ",\.. w\.N. N\ . i 'V,\\_ .\\-\'::-------- o k`\N \ orb LME I \ 41/4 a O Nom` �. ,cam o 1 CO 10 CV:7---- - I - - "..... '''' 4-(Ira„I'll t,___,,1\'‘ \ i'/ . , ..„.„ i� N \\.,....„-___:___. .. ,_. .. /_ r1/ 4000 1-----4 4, ...„- .., , , 11....ptio,„/ :.:::.„_.:.::.....„.. __ „Lo / ,i. kf17 a r te j /C)----ill-'----7. , 7. Wim_ Id } tt It a ■J r1 h 4`4��NIA'BF.4cy 6', . \5 z CITY OF VIRGINIA BEACH • INTER-OFFICE CORRESPONDENCE yT �g .� 'f : o "a ,t'"-,--,,,,,:-,,,,+* OF OUR/NPt��1S In Reply Refer To Our File No. DF-10240 DATE: May 10, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson-01-WDDEPT: City Attorney RE: Conditional Zoning Application; 7-Eleven, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 21, 2019. I have reviewed the subject proffer agreement, dated March 12, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this lZ 'ay of March, 2019, by and between ZP NO. 31, LLC, a Virginia limited liability company ("ZP", and to be indexed as grantor); 7-ELEVEN, INC. ("7-Eleven", and to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee", and to be indexed as grantee). ZP and 7-Eleven are together referred to herein as"Grantor". WITNESSETH: WHEREAS, ZP is the current owner and 7-Eleven is the current or prospective ground lessee of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 14665919170000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-1 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS,the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue GPIN No. 14665919170000 despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "PA RD. AND PARLIAMENT DR. REZONING CONCEPT PLAN", dated February 1, 2019, and prepared by Blakeway Corporation (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The architectural style and quality of materials used for the retail store building to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled "7-ELEVEN STORE #1044479", dated March 1, 2019, and prepared by Intrepide Design (the "Exterior Elevations"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the landscaping installed on the Property shall be in substantial conformity with the conceptual landscape plan entitled "PA RD. AND PARLIAMENT DR. CONCEPTUAL LANDSCAPE PLAN", dated January 30, 2019, and prepared by Blakeway Corporation (the "Landscape Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. The following uses shall not be permitted on the Property: automotive repair garages, car wash facilities, motor vehicle sales, motor vehicle rentals, personal watercraft rentals, and bars or nightclubs. 2 5. Freestanding signage located on the Property shall be monument style, no larger than eight feet (8') in height, and constructed with a masonry base that is substantially compatible with the materials used for the primary building constructed on the Property. 6. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. ZP: ZP NO.31,LLC, a Virginia limited liability company By: ZP NO. 31 MEMBER, INC., a Virginia corporation, its Managing Member By: _ -- Name: Name: Jeffrey L i r rte, Title: President STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER,to-wit: The foregoing instrument was sworn to and acknowledged before me this (Z day of March, 2019, by Jeffrey L. Zimmer, as President of ZP NO. 31 MEMBER, INC., the Managing Member of ZP NO. 31, LLC. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this t1ay of March,2019. ODA&_11611_ 10. No a y 'ublic—Donna Dickens (SEAL) ..``‘‘,NA 1D1CF�� My Commission Expires: 06/24/2023 �J` *DTA,,/, Registration Number:N/A At/BL1L 2. %44111411°411/fEIRs1111\\ 4 7-Eleven: 7-ELEVEN,INC.: 1 la-A'By: \ Title STATE/COMMONWEALTH OF k L&-S CITY/COUNTY OF___�Q._\\e_S ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 1,c" day of & k' \ , 2019, by Eric J. Nachtrab , on behalf of 7-Eleven, Inc. He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this_)s ,day of `ice�..vC\,2019. C).1- NotaryPublic\ {SEAL} My Commission Expires: S\3v\ va Registration Number: \3\s\\%°\- TRACY STEVENSON 1*;. Notary Public,State of�9,1 rem s + My Comm.Expires 03/3012022 Notary ID 13151134-0 5 Exhibit A All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known. numbered and designated as parcel "A-A",as shown on that certain plat entitled "RESUBD1VISION OF PARCELS'F-I;'F-2', 'E' & 'H", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 264, Page 93,and more particularly described as follows: BEGINNING at a point where the northern right-of-way line of Princess Anne Road intersects the western right-of-way line of Parliament Drive as shown on above mentioned plat; thence along the northern right-of-way line of Princess Anne Road along a curve to the right having a radius of 40.00 feet and an arc length of 69.63 feet to a point of tangency; thence N 70° 33' 30" W 142.94 feet to a point; thence turning and leaving the northern right-of-way line of Princess Anne Road N 19°26'30: E 200.94 feet to a point; thence N 86° 02' 57" W 74.52 feet to a point on the eastern right-of-way of Rondeau Court as shown on said plat; thence along the eastern right-of-way line of Rondeau Court along a curve to the left having a radius of 50.00 feet and an arc length of 43.28 feet to a point; thence turning and leaving the eastern right-of-way line of Rondeau court N 44° 21' 14" E 145.17 feet to a point on the southern boundary line of a private road as shown on said plat; thence along the southern boundary line of the private road S 84° 33' 30" E 167.08 feet to a point where the southern boundary line of the private road intersects the western right-of-way line of Parliament Drive; thence along the western right-of-way line of Parliament Drive S 09° 42' 30" W 343.28 feet to the above mentioned point of beginning. Said parcel containing 1 .589 acres more or less. Said parcel also being described as follows: Beginning at a point on the northerly right-of-way line of Princess Anne Road thence leaving said right- of-way line of Princess Anne Road NORTH 26 DEGREES 00 MINUTES 00 SECONDS EAST a distance of 200.94 to a point thence NORTH 79 DEGREES 29 MINUTES 27 SECONDS WEST a distance of 74.52 to a point on the easterly right-of-way line of the cul-de-sac of Rondeau Court thence along said right-of-way of Rondeau Court around a curve to the left through a central angle of 49 DEGREES 35 MINUTES 32 SECONDS an arc distance of 43.22 a chord bearing of NORTH 14 DEGREES 17 MINUTES 41 SECONDS WEST a distance of 41.94 to a point thence leaving said right-of-way of Rondeau Court NORTH 50 DEGREES 54 MINUTES 44 SECONDS EAST a distance of 145.17 to a point on the southerly line of a private road thence along said private road SOUTH 78 DEGREES 00 MINUTES 00 SECONDS EAST a distance of 167.08 to a point at the intersection of said private road and the westerly right-of-way line of South Parliament Drive thence along said right- of-way line of South Parliament Drive SOUTH 16 DEGREES 16 MINUTES 00 SECONDS WEST a distance of 343.29 to a point around a curve to the right through a central angle of 99 DEGREES 44 MINUTES 00 SECONDS an arc distance of 69.63 a chord bearing of SOUTH 66 DEGREES 08 MINUTES 00 SECONDS WEST a distance of 61.16 to a point on the northerly right-of-way line of Princess Anne Road thence along said right-of-way line of Princess Anne Road NORTH 64 DEGREES 00 MINUTES 00 SECONDS WEST a distance of 142.94 to the Point of Beginning Continuing 1.589 acres more or less. 37758909v3 6 57 ITEM—VI-I.5 PLANNING ITEM#69305 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Wilson, City Council,APPROVED, AS MODIFIED/CONDITIONED, Application of WASSERHUND BREWING COMPANY/ CONTE ACQUISITIONS,LLC for a Modification of Conditions re craft brewery at 1805 Laskin Road, Suite 102 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WASSERHUND BREWING COMPANY/CONTE ACQUISITIONS, LLC for a Modification of Conditions re craft brewery at 1805 Laskin Road, Suite 102 (GPIN 2407683131)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions of approval associated with the May 5, 2015 Conditional Use Permit for a Craft Brewery on this site shall remain in effect. 1. Bicycle racks shall be added directly adjacent to the Building Suite containing the Wasserhund Brewing Company. The bicycle racks shall provide enough space to accommodate a minimum of ten (10) bicycles. 2. Any on-site signage for the Brewery shall meet the requirements of the City Zoning Ordinance (CZO). A permit shall be obtained from the Planning department for the installation of any signage. 2. Indoor food preparation and service shall be permitted in conjunction with the Conditional Use Permit for a Craft brewery. 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 21st day of May Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 1 r I 1 11 ,..,....---:- _--,,..) \\N \___C----_--- 1 \ \\\ \--,\ C-C- 76\\\ \ 1 _ ------_- � f_t \ ------ c).-- u O 1 in \\\, \ \ , ----=----'''---:1)- ----------- ------------------ C c, y (, - In N \\\ i\—) ,\_______ .=, -0 ,,, , to .,, \ \ ,„---- \ ,„‘\\\\\ c-\-- ›, ti • ......„ CN N 1 5.... \ CN1 _----- \--\ ---\ co a \\ 1 1---, _ - CO- --;-----------N _ yam tis *+ -----.----'--7----- , )t , , Z ti 1 C V ��,� 4 1 ccs c\ . a i ‘r N. { - _.- ----\\:\\._.- - \ V C\ \ \ � I tti. \ ,... ,, \` �- c CO 00 \- - V:7-7:\ \ F) _ V CO 4"\‘ \ . '--'-- -.'--'.6- i A _.------ ...-..,-,-*--'----- \' \ 1 \%\ \\ , _..-- --`` a pC``� - \ t ,\ --L---- -- - \Wag yam-- •. r— � 1 1 En Vi�toc boa --\_1 > \\ 41\ \\ 7' _ ,----\ \, 13 y l Ellt o i t I Cji CD . \ � J v C �� m' \ Ss S\ \ ) N cn a CO 58 ITEM—VI-I.6 PLANNING ITEM#69306 The following registered to speak: Linda Russell, 1212 Skylark Drive, Phone: 427-6481, spoke in SUPPORT Upon motion by Council Member Henley,seconded by Council Member Moss, City Council,APPROVED, AS CONDITIONED, Application of PHIL KELLAM/VBK PROPERTIES, LLC for a Conditional Use Permit re assembly use and open-air market at 2384 Princess Anne Road DISTRICT 7—PRINCESS ANNE (Deferred from May 7, 2019) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PHIL KELLAM/ VBK PROPERTIES, LLC for a Conditional Use Permit re assembly use and open-air market at 2384 Princess Anne Road (GPINS 1494924949, 1494933251, 1494936055) COUNCIL DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. There shall be no amplified music, use of speakers or monitors permitted between the hours of 10:00 p.m. and 12:00 p.m. (noon), or for more than three (3)hours in any one day. 2. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 3. All parking for the Assembly Use shall be on the property. 4. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 5. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 7. Consistent with the requirements for a Special Event,for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 8. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. May 21, 2019 59 ITEM—VI-L6 PLANNING ITEM#69306 (Continued) 9. The existing residential entrance on Princess Anne Road must be replaced by a standard commercial entrance that meets Public Works Standards (30 feet wide, 15-foot radii). 10. All proposed signage is required to receive a Certificate of Appropriateness from the Historical Review Board. 11. Any unimproved areas used for parking shall be stabilized within seven days after the conclusion of an event. 12. Any localized flooding that arises from the use of the unimproved parking areas shall be corrected at the applicant's expense. 13. Any vendor event shall not be in operation between the hours of 10:00 p.m. to 8:00 a.m. 14. The location of any caterer and/or vendor shall be in conformance with the submitted layout plan, shown on page-7 9 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 15. Any caterer and/or vendor on site shall use an electrical outlet in lieu of a gas generator in order to minimize noise that would otherwise arise from generators -: : - - . . ... Use of generators by- els is not permitted. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21S`day of May Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Tower Filed A Disclosure May 21, 2019 I w .k.,,,,\;, ,. • o. ,. .. . , r�b, � 14: \:77_:::.,, i'l ,:, (r :j� i' Q u_ G 4\ `` , \\,. ___..._ 1. .5.. ., � )1- .. • iv \ R . . ---_ ---- '--' ifG 4' W. V. ----:. 1 ..." , ..,,-. , ----;,. _.... "1:3 l ::, ' N'`1/4X. Apiki c/ 1., AIP:\ . •--V \N-‘,, ,, -- N . .4s,f_d _i . ) . ,..\ '. \\N, a \ /( 'IN, -,\AA,,,,/,,./ -0 . . c fO 0 <, / . i re < , :.., , .. ....,....,,,,, , / . u,u) >lit ... 7 E E c.,4) .5— _. _ \--, 5-- f,se , ct, ....— <,,,,, ... cu. . . . co „.. ,„. 0 c cu ..__, . , „0:3l ,/,, ., „;.:: am / a � ° c FO f 4 ect Iii EI) --II iitt /ii / . . ' de?..':'/4 .0. 2 5 co as M a CNI 0441,400;r!t t 'IN CZ - } 1 C 1� N a J m ,. ora ryi :;--- / el (:).`-(/ -Ns a" 4, it' cu ` y ° c o 0 i AlmCW? , ' ''' a) l 17A` u) N a m �ti4GAN$1,A.BEAc'S' -pCity of Virginia Beach pyo - q9�S OF DUR NA11°N VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH In Reply Refer to 0065260 May 21, 2019 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Phil Kellam for a conditional use permit for property located at 2384 Princess Anne Road. 2. The applicant has disclosed that Kaufman & Canoles, P.C. is a service provider with respect to this application. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Kaufman & Canoles, P.C.'s Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 211 43rd STREET,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- May 21, 2019 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. 47,1Y, Guy K. Tower GKT/RRI 60 ITEM—VI-I.7 PLANNING ITEM#69307 The following registered to speak: Craig Davis, 2300 Page Court, Phone: 749-1856, Applicant/Co-Owner, spoke in SUPPORT Chris Fountain, 2912 Adam Keeling Road, Phone: 287-1843, spoke in SUPPORT James Jamison, 2369 Haversham Close, Phone: 692-5858, spoke in SUPPORT Dwight Handforth, 2201 Cape Arbor Drive, Phone: 452-9671, spoke in OPPOSITION Sherma Saif, 2400 Cape Arbor Drive, Phone: 703-798-6421, spoke in SUPPORT Curtis Hutchinson, 2868 D-1, Lynnhaven Drive, Phone: 748-1928, spoke in SUPPORT Gale Higgs, 2965 Lynnhaven Drive, spoke in SUPPORT Scott Hawking, 2816 Broad Bay Road, Phone: 641-1507, spoke in SUPPORT Nona Sorensen, 2417 Cape Arbor Drive, Phone: 860-716-3078, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Berlucchi, City Council, APPROVED, AS CONDITIONED, Application of K& T, INC., DBA BALLYHOOS/MARINA SHORES REPAIR CORP for a Conditional Use Permit re outdoor recreation & assembly use facility at 2865 Lynnhaven Drive, Suite D3 DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA K& T,INC.,DBA BALLYHOOS/MARINA SHORES REPAIR CORP for a Conditional Use Permit re outdoor recreation & assembly use facility at 2865 Lynnhaven Drive, Suite D3 (GPIN 1499389741) DISTRICT S—LYNNHAVEN The following conditions shall be required: Conditional Use Permit(Outdoor Recreation) 1. With the exception of any modifications required by any of these conditions or by any City regulations, the site shall be configured in conformance with the layout plan shown on page 6 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. No live music, amplification of music or use of speakersTef-meniters will be permitted outdoors except within the main enclosed building after 10:00 p.m. 3. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4. Any outdoor storage of materials associated with the Outdoor Recreation Facility shall be prohibited. May 21, 2019 61 ITEM—VI-L7 PLANNING ITEM#69307 (Continued) Conditional Use Permit(Assembly Use) 1. No c,amplification of music or use of speakers, will be permitted out-deers except within the main enclosed building after 10:00 p.m. 2. A four foot fence, constructed of wooden or composite materials, shall be installed to separate the outdoor recreation and assembly use area from the parking lot. 3. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. 4. All parking for the Assembly Use shall be on the property or met through a parking agreement. 5. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 6. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 7. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 8. Consistent with the requirements for a Special Event,for each event exceeding 250 people, the applicant shall obtain a Special Event Permit and shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 9. A building permit shall be obtained prior the installation of the temporary tent, which shall only be permitted for up to six months per calendar year. 10. Subject to Section 221 (k)of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare.Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. May 21, 2019 62 ITEM—VI-L7 PLANNING ITEM#69307 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21'day of May Two Thousand Nineteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None May 21, 2019 ,-,,.,.,,. " A ra \ \ \\ \4Ls:?.. .,.., 4 !� % ;•C/' ,7,,----::.?-2 --- --,- , -. a3;7) ii. 111,1 - I \ ''. \ ''%, - 4_,*: Illii 4,.0. oko lir *A V -- - IP -oil ,i,:::: r• ir;;L_ ,... / . I* - II -10 r1°-.10111 _„ S,tom.. 4 -M,..-:-:......, !s •( ,_.1_ ,J. N _ :-......„., -\\%%1C1?'' 1110 \3;--; 5 Ito..X1 _\( --C--< - ' - P: 4.,..,...)13 .:: . . ___.-..... ' aln-es‘ - . ._:,_____iii____ -64,\\-T.i._-,...] 0-.001 J"."-eilig. 1 4 it ft ( i . . ,:r • ,,,,‘„, ft*. i.,.. 4, •av , Mik i� ° ti's `' f ' �- atiteck _ _— I '- ' ' -,------- -----....— ----- .--fr-- 00'7 cil.. \\\ ‘k*‘t ' .. . CC c ' - c ....\ :NT:,\\---:\ Vszsi.:40,-.. .__ --.- '.' ‘1/4. ,.... ca . cz , ,.... ._. ,.. .. , , .., co , „. ,,,.._____ ,.„. ,,, .,. .. „..., . ..... ,,c\. ‘,., ‘,‘ .... \ • . 7 '' b `-�T.'� N r N II • 65 03 ,. ''000 a \ 6te..,.- cl- 3, .., .,. _---...... oad_ *. `NOr'------c:Al tea- - 1 \' �,\--1 . _La Tri C-.'-- c J o- te t"' � - ,► co - �c a \, (CI Id, "It-----i �i 'l tit � J �? u c L — � - ,, . in ry a m, \____, , 1 ‘ I 63 ITEM VI-f.. APPOINTMENTS ITEM#69308 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD May 21, 2019 64 ADJOURNMENT ITEM#69309 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:35 P.M. eggilli 1-nniliM, : ‘111111 e -. eli s Chief Deputy City Clerk / Ai LIr A!nda B' 's, MC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia May 21, 2019