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HomeMy WebLinkAboutMARCH 17, 2015 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 M. BENJAMIN DAVENPORT, At Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 17 MARCH 2015 CITY HALL BUILDING' 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE.'(757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.corn I. II. MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY MANAGER'S BRIEFINGS - Conference Room - A. ViBe DISTRICT Emily Labows, Director — Cultural Affairs B. CIRQUE DU SOLEIL Mike Eason, Resort Management Administrator Courtney Dyer, General Manager - Convention Center C. LIGHT RAIL TRANSIT EXTENSION UPDATE David L. Hansen, Deputy City Manager CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. CITY COUNCIL ROLL CALL RECESS TO CLOSED SESSION 3:00 PM 4:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ralph Rowley Pastor Virginia Beach Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 3, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY a. 1409 Old Virginia Beach Road b. 213 Louisa Avenue c. 217 Louisa Avenue 2. Acquisition for rights-of-way a. Indian River and Kempsville Roads Intersection b. Witchduck Road Phase II 3. LEASE OF CITY -OWNED PROPERTY (Cafe Franchises) a. b. c. d. e. f. g. h. i. J. k. 1. 11t'' Street Atlantic Avenue Side Street Cafe 11 th Street Boardwalk Cafe Albie's Pizza Atlantic Avenue Side Street Cafe Black Angus Atlantic Avenue Sidewalk Cafe Catch 31 Boardwalk Cafe Dough Boys -24th Atlantic Avenue Sidewalk Cafe Lagerheads Boardwalk Cafe Lagerheads Connector Park Cafe Marriott Courtyard Boardwalk Cafe Planet Pizza Atlantic Avenue Sidewalk Cafe Rockfish II Connector Park Cafe Chix Boardwalk Cafe 4. POLLING PLACE CHANGES a. b. c. Create four (4) new precincts Relocate two (2) existing polling places One (1) boundary line change I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: 1011 Atlantic Avenue 1011 Atlantic Avenue 200 21st Street 706 Atlantic Avenue 3001 Atlantic Avenue 2410 Atlantic Avenue 3315 Atlantic Avenue 3315 Atlantic Avenue 2501 Atlantic Avenue 812 Atlantic Avenue 1601 Atlantic Avenue 701 Atlantic Avenue a. Section 10 to ADD four (4) polling Precincts (Dam Neck, Hilltop, Independence and Indian River), change two (2) polling places (Edwin and Hillcrest) and a Precinct boundary change (Davis Corner and Newtown) b. Sections 25-6, 25-8, 25.1-4 re daily reports to Chief of Police by Pawnbrokers, Junk and Secondhand Dealers and Precious Metal and Gem Dealers 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Museum of Contemporary Art ("MOCA") at 2200 Parks Avenue CITY COUNCIL IS REQUESTED TO DEFER THIS ITEM b. Transitions Community Development Corporation at 213 and 217 Louisa Avenue 3. Ordinances to ACCEPT and AUTHORIZE major design features and acquisition of temporary/ permanent easements, either by agreement or condemnation: a. Indian River and Kempsville Roads intersection improvements b. Witchduck Road - Phase II 4. Ordinance to GRANT Open Air Cafe Franchises: a. Albie's Pizza Atlantic Avenue Side Street Cafe 5 years b. Black Angus Atlantic Avenue Sidewalk Cafe 5 years c. Catch 31 Boardwalk Cafe 5 years d. Dough Boy's Atlantic Avenue Sidewalk Cafe 5 years e. Lagerheads Cafe Connector Park Cafe 5 years f. Lagerheads Cafe Boardwalk Cafe 5 years g. Marriott Courtyard Boardwalk Cafe 5 years h. Rockfish Cafe Connector Park Cafe 5 years i. Chix Cafe Boardwalk Cafe 1 year 5. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Urban Maintenance payments for: a. Additional streets b. Corrections and deletions to the road inventory 6. Resolution re the Virginia Beach Community Policy and Management Team (CPMT) a. City Manager or Designee to serve as Fiscal Agent to administer CSA funds b. City Auditor to annually audit the total revenues 7. Resolution to NAME Police marine vessels to memorialize fallen Officers 8. Resolution to URGE parents whose children are not fully immunized to proceed with vaccinations 9. Ordinance to EXTEND the date for satisfying the conditions re closing, vacating and discontinuing a portion of Market Street (Town Center Block 9) 10. Resolution re MODIFICATION and EXTENSION of the Town Center Option Agreement with the Development Authority 11. Ordinance to AUTHORIZE Temporary Encroachments into a portion of City property known as Main Street, Columbus Street and Constitution Drive 12. Ordinance to APPROPRIATE and TRANSFER to the Sheriff: a. $1,262,100 re the medical contract expenses b. $ 564,000 annual and sick leave payouts c. $1,204,500 to Special Revenue Fund to offset projected shortfalls J. PLANNING 1. Ordinance to AMEND Sections 111, 230, 901 and 1001of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form -Based Code re Craft Distilleries as a Conditional Use RECOMMENDATION APPROVAL 2. CROWN CASTLE USA, INC. re Relocation of a Nonconforming Structure (communication tower) on an easement at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. UNITED STATES MANAGEMENT/CITY OF VIRGINIA BEACH: DISTRICT 6 —BEACH a. Special Exception re Alternative Compliance to the Oceanfront Resort District Form - Based Code b. Request for major entertainment Venue Signs at 19th Street and Virginia Beach Boulevard RECOMMENDATION APPROVAL 4. CHESAPEAKE BAY DISTILLERY, LLC /HOTLINE ENTERPRISES, LLC for a Conditional Use Permit (Craft Distillery) at 437 Virginia Beach Boulevard DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 5. VIRGINIA BEACH DEVELOPMENT AUTHORITY re Modification of Proffers Nos. One (1) and Two (2) (approved June 13,1998, and modified June 25, 1996) at General Booth Boulevard and Corporate Landing Parkway DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 6. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit (Indoor Commercial Recreation -Bowling Alley) at 4554 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 7. 5073 VIRGINIA BEACH BOULEVARD, LLC for a Conditional Use Permit (motor vehicle repair) at 245 Pennsylvania Avenue DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 8. TAKE 5 OIL CHANGE, LLC /1928 LASKIN RD, LLC for a Conditional Use Permit (motor vehicle repair) at 1928 Laskin Road DISTRICT 6 — BEACH STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 9. Variance to Section 4.4(d) of the Subdivision Regulations to allow subdivision of lots: a. BH INVESTORS /ROBERT S. LINDSLEY, JR., EXECUTOR OF THE ESTATE OF EDWIN B. LINDSLEY, JR at 936 Lindsley Drive DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL b. RICHARD S. and JUDY L. FOSTER at 3344 Eagle Nest Point DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 10. NVR, INC/MUNDEN FARM, LLC re Modification of Proffer No. 3 (Approved March 26, 20061 at Munden Farms Lane and Munden Ridge Drive re lot size DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 11. MONARCH PROPERTIES, INC. for a Conditional Change of Zoning from R -5D Residential District to Conditional 0-1 Office District at South Rosemont Road re a medical office building DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 12. ALEXANDRIA PLACE, LLC c/o HAV for a Conditional Change of Zoning from Al2 Apartment to Conditional A-24 Apartment at 5700 Magnolia Chase Way re increased density DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS — New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD VIRGINIA HEACH HEALTH SERVICES ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 2015 — 2016 RESOURCE MANAGEMENT PLAN SCHEDULE PRESENTATION MARCH 24TH WORKSHOP APRIL 7TH WORKSHOP APRIL 14TH WORKSHOP APRIL 216T PUBLIC HEARING — Green Run High School APRIL 23rd WORKSHOP - PUBLIC HEARING - Council Chambers APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH /gw 03/17/2015 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 17, 2015 Mayor William D. Sessoms, Jr., called to order City Council's Briefing, in the City Council Conference Room, Tuesday, March 17, 2015, at 3:00 P.M. Council Members Present: M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood Council Members Absent: Robert M. Dyer delayed — in at 3:40 Rosemary Wilson delayed — in at 3:15 March 17, 2015 -2 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 3:00 P.M. Mayor Sessoms welcomed Emily Labows, Director — Cultural Affairs. Ms. Labows expressed her appreciation to City Council for their continued support and advised she is excited to bring this unique opportunity to City Council for consideration: creative district City Council Presentation March 17, 2015 Artists Troy Sommerell, OnleTonie Co. Below is an overview of the opportunity to create the City's first Arts & Cultural District: Overview Background Vision The District What is Creative Business What's already there Goals and Objectives Near Term Strategies Ordinance Long Term Strategies Summary City Council Action Ordinance Fund Revolving Loan Sense of Place 2 March 17, 2015 -3 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Below is a summary of the background on how this came about: Background — How did we get here? Legislation passed by General Assembly in 2009 to allow municipalities to create arts and cultural districts National trend: An increasing number of cities and states have or are establishing arts and cultural districts. Over 500 communities in the U.S. now have cultural districts. Led by community leaders at the Resort, the creation of the ViBe District has grown organically In February 2015, City Council identified the creation of the ViBe District as a top priority for the next year On March 5, 2015, RAC unanimously voted in support of the ViBe Creative District creation 3 Below are examples of cities that have created Art Districts which have promoted economic development: Thriving Arts Districts Lead to Economic Development Miami's Wynwood Arts District -100 block district with substantial residential, retail, dinning, hospitality, gallery and studio space. Spearheaded by Wynwood Arts District and local businesses, formed a BID in 2013 to be a recognized center for art, creativity and culture Paducah, KY - Artist Relocation Program- started in 2000 and is now a national model for using the arts for economic development Santa Fe, NM – Variety of creative industry members worked together through grassroots efforts to develop walkable are. First Friday ort walk attracts more than 10,000 visitors monthly. Austin, TX: $4.35 billion "creative economy" contributes $71 million annually to the City's tax base and employs 49,000. Administers grant for arts -related non -profits and individual artists Portland, OR: Alberto Arts District is a 20 -block arts district filled with arts, restaurant, shopping and hotels March 17, 2015 -4 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Thriving Arts Districts Lead to Economic Development Bradenton, FL: Village of the Arts is largest artist colony in Florida and is a result of partnership between the City of Bradenton and local artists. Riverwalk District is another arts district along Manatee River with ort galleries and artists' studios North East Minneapolis Arts District: 300 block district contains a mix of family -run businesses, theaters, restaurants, parks, independent galleries, hotels and studios as well as industrial and residential property, interspersed with homes and churches. Pawtucket, RI: Mid-sized, former industrial city used the arts to lead revitalization efforts. Live -work units, annual grans, festivals and revolving loan program LiveWork Portland, Maine: Micro -loans through the Creative Economy Loan Fund help individuals starting or expanding businesses and filling vacant storefronts Throughout Virginia: Richmond, Staunton, Norfolk, Fredericksburg Below is the Vision of the ViBE District. This began with a group of artists, restaurants and business owners in and around 18th Street. The Mission is to promote, support, connect and inspire the creative industries to boost the local economy, grow jobs and enhance the quality of life. The Vision of ViBe District A group of artists, restaurants and businesses in and around 18th Street came together last year to organize a First Fridays event. Now, there is momentum to expand that effort and formally develop a creative district in the area. The district could focus on local and regional working artists and related retail. It could attract both residents and visitors. It could include an adaptive re -use location for a space for the production of ort such as welding studio, digital media center, ceramics It could promote the work of local individual artists and galleries. This district should be distinct from the Town Center District in that the Town Center District is more about places and spaces to see and watch art, with a focus on the performing arts. The ViBe district should be more focused on hands-on opportunities and centralizing and promoting local artists and arts businesses. Artist: Troy Sommerell, OnieTonie Co. Designs 6 March 17, 2015 -5 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Below is the proposed District for this concept: Proposed District --- .. CENTRAL BEACH :IBE ARTS AND CULTURAL DISTRICT VIRGINIA WRACK 7 A lot of the movement of the ViBE District began with the Old Virginia Beach Farmer's Market. Below are the Goals and Objectives: Goals & Objectives of VIBE DISTRICT Tp serve as a vibrant center for the arts, culture, technology, that is environmentally friendly To enhance a sense of discovery for visitors and residents by revitalizing the area and making this uniquely ours To encourage the arts and artists as well as technical and creative resources to help them flourish and cross-pollinate To support and expand the industry and creativity of those who live and work in the District To stimulate commerce and enhance the quality of life for citizens of Virginia Beach and the District To foster rising real estate values by helping the district become a place where people want to be To assist in creating resources to help artists and artisans become established within the District March 17, 2015 -6 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Below are examples of "creative" business: What is a creative business? ................... .t Architecture - Architecture firms and architects Marketing - Advertising and marketing agencies and professionals Visual Arts + Craft - Museums, galleries, theatres, curators, artists, artisans, makers Design - Industrial, interior, graphic, web, and fashion design firms and designers r. Film + Media - Film, TV, animation, and radio businesses, organizations, and talent Video Game + Software - Companies, programmers, and individuals producing games and software Music + Performing Arts - Venues, theatres, producers, and musicians and performers Publishing - Print or electronic distribution businesses and content creation, editors, writers Culture + Preservation - Historic buildings, trails, and sites, and historic and heritage organizations Culinary Arts - Institutes and restaurants that are active participants in the Virginia Green Restaurants program and current partners with Buy Fresh Buy Local Hampton Roads 9 Below are the existing creative businesses in the District: Existing Creative Businesses in District Bluebird's Garage Chartreuse Croc's 19'h St. Bistro Davis Advertising Agency Dragonfly Studio Found Objects Hardy's / The Art of Jewelry Hudson's Luxury Building Design Old Beach Farmers Market (up to 35 vendors) Old Beach Green Market (up to 13 vendors) Old Beach Art Market (up to 12 vendors) Studio 17: Onietonie Co. Designs APAK Media & Photography Ashton Keely Igor's Custom MOCA Satellite Gallery at Pavilion II Gallery at Towne Pavilion I Three Ships Coffee Urban Design Zoe's Vintage Wild Orchid Virginia Museum of Contemporary Art (MOCA) Waller Todd Sadler Architects Surfboard & skateboard shaping at WRV 10 March 17, 2015 -7 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Below are new businesses to come in 2015 in the ViBE Creative District: New Business To Come in 2015 in the ViBe Creative District Hearth Woodfired Cuisine Esoteric Restaurant & The District (Co -working Center) Commune Crepes Roost Flowers Chesapeake Bay Distillery Film Studio & Art Studio Green business/offshore wind office Tech businesses ESOTERIC ST9 N r [IMMUNE {.REPES .1iICVB.CPAi Beginning September 5th, the District will host "First Friday ViBE In the District"which will continue year round: First Friday ViBe — YEAR ROUND First Friday Vi Be Scptem In the District! 4pm-7pm 5th Extended Business Hours, Specials, Music, Food, Drinks and Great Community Fun! 12 March 17, 2015 -8 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Below are some photos from businesses in the ViBE District: Below are pictures of the Old Beach Farmers Market: March 17, 2015 -9 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Below are some short-term strategies and proposed incentives that could be included in the Ordinance: Short-term Strategies Ordinance incentives for qualified NEW creative businesses (10 years) BPOL Rebate (100%) (10 years) Exemption of building code, zoning fees Partial real estate tax exemption for rehabilitated structures (15 years) Live -Work Provisions Eligibility for Economic Development Incentive Program Awards & investment partnerships Design assistance through Resort Advisory Commission 15 Revolving Loan Fund Finalize Revolving Loan Fund with community partners Loans made to qualified new creative businesses based on established written criteria ViBe District Committee to vet applications Private Sector contribution - $50K per year for 3 years City match private investment $100K per year for 3 years Loan program administered by ViBe Creative District non-profit (formation in progress) and banks — not City 16 March 17, 2015 -10 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Short-term Strategies continued Identify ways to create a Sense of Place Branding and promotion of District through signage and banners, temporary art, murals BCF to do pro-bono work for one year Volunteers working on website and FaceBook page Flowers/landscaping Walkable District (Currently too fragmented) — develop a plan for sidewalks, lighting and bike racks Community building events — temporary street closures Film, music, food festivals Beach Street expansion of artists during the First Friday event and other festivals Bike and running races Pop Up Park (19th St. & Parks Ave.) Green space for parklet (mint -Park) 17 Below are some long-term strategies: Long-term Strategies Leverage Arena infrastructure improvements in District Streetscape Lighting Link with Dome site project Position ViBe to leverage Light Rail Fund Public Improvement adjacent to private investment Incorporate ViBe Cultural Arts into Comp Plan 18 March 17, 2015 -11 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Below are two different scenarios and examples of benefits to creative businesses: Examples of Benefits to Creative Businesses Scenario 1: Distillery Conditional Use Permit fee rebate: $900 No site plan needed Qualifies for Economic Development Incentive Programs Qualifies for BPOL rebate Scenario 2: Craft Beer and Artesian Restaurant Conditional Use Permit fee rebate: $900 Site Plan fees rebate: $832 Qualifies for Economic Development Incentive Programs Qualifies for BPOL rebate 19 This type of District will promote a strong grass-roots effort to help booster local economy and make the Resort Area more active year-round: Summary Benefits to the community Bolster local economy by increased business activity Become a more active Resort year-round Help shape our City's identify through the arts Growth in the District has already begun, more projects are in the pipeline and interest growing in business and arts community to come to District 20 March 17, 2015 -12 - CITY MANAGER'S BREIFINGS ViBe DISTRICT ITEM #64640 (Continued) Below are the next steps: Next Steps Vote on Ordinance to create District Finalize Revolving Loan Fund with community partners Implement community building events within district Create branding and install signage/banners Look for non-profit arts partner to anchor district with space focused on the production of art such as welding studio, graphic design, ceramics ViBe District businesses to continue to organize themselves to lead growth 21 Thank you! creative district 22 Mayor Sessoms expressed his appreciation to Ms. Labows and the entire Team for their great work on this opportunity. March 17, 2015 -13 - CITY MANAGER'S BREIFINGS CIRQUE du SOLEIL ITEM #64641 3:25P.M. Mayor Sessoms welcomed Mike Eason, Resort Management Administrator. Mr. Eason expressed his appreciation to City Council for their continued support and advised he is excited to bring this unique opportunity to City Council for consideration: The City was approached to host a Cirque du Soleil show during the Summer. Kooza is one of six (6) shows produced by Cirque du Soleil. This particular show has been in Europe for last two (2) years and is expanding to North America: Cirque du Soler Background: tsburg` Virginia Beach New Orleans Austin Columbus z March 17, 2015 -14 - CITY MANAGER'S BREIFINGS CIRQUE du SOLEIL ITEM #64641 (Continued) Virginia Beach Show Set up begins June 21st 39 Shows beginning July 15 to August 15 Tuesdays - Sundays with matinees 7 additional show options if successful Site cleared and restored by August 28 Mr. Eason showed a short video of the Show: One Minute Kooza Trailer https://www.youtube.comMatchN=DQoyuLsid.JI 4 March 17, 2015 -15 - CITY MANAGER'S BREIFINGS CIRQUE du SOLEIL ITEM #64641 (Continued) Below is the Show site and permitting process: Show site and permitting prat Evaluated several sites in the resort area -' Convention Center parking lot was the only one large enough to meet their needs Site selected was Lot 5 at the convention center Resort Management Office will issue a Special Event Permit and coordinate review by Permit and Inspections, Fire Department, Zoning, Police, etc. Convention Center will issue a Use Permit similar to what is used for all VBCC events 5 Courtney Dyer, General Manager — Convention Center, is overseeing the Site Plan for this project. The Convention Center is excited about this opportunity. Below is the layout for the Site. Cirque de Soleil sent an Engineer and a Construction Manager to the City to confirm the site is compatible: March 17, 2015 -16 - CITY MANAGER'S BREIFINGS CIRQUE du SOLEIL ITEM #64641 (Continued) Below are the construction elements: Cirque *du Bolen The Admission Taxes to the City could be in excess of $250, 000: Cirque du Soleil ease payment March 17, 2015 -17 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 3:33 P.M. Mayor Sessoms welcomed David L. Hansen, Deputy City Manager. Mr. Hansen expressed his appreciation to City Council for their continued support on this Project: Light Rail Transit Extension Update to the City Council DCM Dave Hansen 17 March 2015 ASSETS Below is the Agenda for today's Briefing: Today's Agenda ➢ Provide update on the DEIS and the HRT Public Hearings schedule ➢ Inform Council and Public of the Staff recommendation ➢ Explain factors and considerations ➢ Describe the Shared use pathway ➢ Reflect costs, funding and expenditures March 17, 2015 -18 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the overview of the Virginia Beach Transit Extension Study Draft Environmental Impact Statement Milestone and Activities Dates. HRT will host four (4) Public Hearings in April. In addition, the City will host a Public Hearing on April 21s1. Virginia Beach Transit Extension Study Draft Environmental Impact Statement Milestone Activities and Dates 3/13/15 - Notice of Availability of Draft Environmental Impact Statement (DEIS) posted Federal Transit Administration to Environmental Protection Agency (EPA). DEIS document delivered to the "List of Recipients' including all Virginia Beach Federal, State, City officials and all Public Libraries before 3/20/15 3/20/15 - EPA publishes DEIS in Federal Registry to start formal 45 -calendar day public review period 4/13/15 to 4/20/15 timeframe —HRT will host DEIS Public Hearings week of 4/13/15. Meeting dates are as follows: 3/30/15 — HRT provides an orientation on the NEPA process/DEIS meeting. How to read the document and find information within it —6 p.m. —7 p.m. at The Westin 4/13/15 — VOTES DEIS Public Hearing #1 Central Library from 6 p.m. -7:30 p.m. 4/16/15 - VBTES DEIS Public Hearing #2 Linkhorn Elementary School from 6 p.m.— 7:30 p.m. 4/20/15 — VBTES DEIS Public Hearing #3 ODU/NSU Higher Education Center from 6 p.m.— 7:30 p.m. 4/25/15 — VBTES DEIS Public Hearing #4 Renaissance Academy from 11:00 a.m. — 1230 p.m. (Saturday) 5/4/15 — DEIS 45 -calendar day public comment ends Next City_Cou nclActivities 4/21/15 — City Council Public Hearing—Comment on City Council Locally Preferred Alternatives 5/5/15 - City Council Locally Preferred Alternative Decision Below is an overview of the Light Rail Transit Extension: Light Rail Transit Extension The first Minimum Operational Segment extends light rail from Newtown to Virginia Beach's Town Center Extending the current light rail technology builds upon the existing investment made by the FTA, Commonwealth & Norfolk We are not just planning for an extension of the TIDE Light Rail Line — we are implementing our Vision 2040 Provides the opportunity for us to create the South Side Transit System (SSTS) and that the Union Station to be located in the VB Town Center The Union Station of the SSTS provides the opportunity to implement a more affordable technology change (switch to a Dumb Track/Smart Vehicle system) Take advantage of the unprecedented offer of 50% cost share provided by the Commonwealth - the window to accept their offer is upon us The Town Center began the transformation of VB from America's Largest Town to the Greatest City in the World The City Council adoption of the Strategic Growth Areas was focused on creating an Economic Growth strategy which has moved us to become a Vision 2040 City The spine which links the 6 central SGA's and serves as the catalyst for economic growth and Transit Oriented Development is a public transit system This all begins by connecting the two Town Centers of Virginia Beach and Norfolk March 17, 2015 -19 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Virginia Beach Transit Extension Study HRT is managing the Virginia Beach Transit Extension Study. The VBTES is examining alternative transit options using a former freight rail right of way which runs from Newtown Road to Birdneck Road in Virginia Beach. The draft portion of the study area extends from Newtown Road to the Oceanfront area on 19th Street. ❑ Four Fixed Guideway Alignment Alternatives from Newtown Road Alternative la: —3 miles to the Town Center Area (4 end of line station options) ($279M -$327M) • Alternative lb: 4.8 miles to the Rosemont Area($436M) Alternative 2: 12.2 miles to the Oceanfront along the NSRR corridor (w/Maint Facility) ($967M) • Alternative 3: 13.5 miles to the Oceanfront through the Hilltop Area (w/Maint Facility) ($1.255B) Due to affordability we recommend focusing our decision on implementing Alternative 1 a We also recommend public comment be focused on Alternative 1 a Based on the Study and affordability, Staff recommends City Council focus on Alternative la with a Four (4) Station Scenario: Pembroke Multimodal Station Master Plan Staff Recommendation for the LPA Four Station Scenario: Slightly modifying the Newtown Station and constructing the Witchduck Station are essential. Several potential end of line station areas located close to Pembroke Town Center were analyzed. Two of those stations must be considered to better serve the area. The dual station alternative in the Pembroke SGA scored highest overall. Constructing both the Kellam and Constitution stations are recommended as they would be: The easiest to access for a greater number of Pembroke area residents, employees and visitors lr Cheapest to build since they would be at grade and in areas yet to be redeveloped Are spaced such that operational and transit efficiencies may still be realized Have the availability to construct sizeable park and ride facilities Constitution station becomes the Vele Extension terminus r Best location for locating the Union Station to connect north -south lines v Maximizes potential build out of the TC r Avoids congesting the center of the TC r Enables a change in technology at the end of line station (Constitution) March 17, 2015 -20 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is how Town Center Area looks today and how it is expected to look in working towards Vision 2040: Determining the Locally Preferred Alternative Alternative la: End of Line Station Options in the Town Center Area (Pembroke SGA) Today Tomorrow / 2040 VBTES/DEIS Recommended Town Center Alignment End of the Line Station Options Following UDA's independent assessment, there are two other station locations we need to consider March 17, 2015 -21 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) To maximize the investment, two (2) additional station options could be considered: Alternative la: End of Line Station Options in the Town Center Area HRT Station Locations UDA Station Locations HRT Study TC Park and Ride facility Stations should be conveniently located to serve existing population centers and new development areas. They should be easy to walk to and access by vehicle and/or bicycle. The following principles for locating stations were prepared in team work sessions: Station Location Principles Y Development Potential - Locate stations to serve both existing density and future economic development at the % and d mile radii Y Mode Transfer - Car & bus access to stations should avoid further congesting surface highways — must maximize secondary streets Y Parking - Utilize existing parking resources and construct structured parking framework Y Ridership Potential - Locate stations in the center of mixed-use districts to provide optimum access and maximum ridership Y Station Spacing—Maximize station separation - approximately a half mile apart for overall transit system efficiency Y Walking Distance - Maximize access to development within half -mile walking distances — multiuse pathways r Union Station —selection of the end of line Town Center station is critical for supporting the future north south lines which creates the South Side Transit System March 17, 2015 -22 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) The City is updating its Comprehensive Plan for 2015 and this will be an opportunity to expand upon the extensive study that has occurred to date on the East-West Fixed Guideway Transit Corridor. This will allow the opportunity to explore a more comprehensive system of the Commonwealth's largest city with a North corridor to the City's largest employer, South corridor to some of the highest density residential areas of the City, as well as the Princess Anne Common's Academic, Health Care, Athletic and Entertainment Villages. Opportunities also exist for an alternative option linking the Region's International Airport: South Side Transit System (SSTS) Connected Community: Creating A More Comprehensive Transit System Location principles apply to single station and two -station combinations: Location Principles Applied to Single Station and Two -Station Combinations March 17, 2015 -23 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the Analysis of the potential North/South Corridor: Potential North/South Transit Corridors One of the criteria for transit station locations is the potential to intersect the east/west corridor with a future north/south corridor. Many transit modes and alignments may be considered for the future north/south corridors including Bus Rapid Transit (BRT), streetcars, light rail and emerging transit technologies. Four potential routes were identified: Kellam *** Independence ** Market * Constitution **** Station Location Considerations: At Grade versus Grade Separated At Gracie PROS ➢ Easier access Pedestrian scale — more direct synergies with residents and businesses ➢ Lower capital cost So Lower operational and maintenance costs ➢ Opportunities to incorporate into other at -grade common amenities like parks/plazas and transit transfers CONS S. Depending on location may conflict with road and/or pedestrian traffic At -Grade Tide Light Rail Station at MacArthur Mall March 17, 2015 -24 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Station Location Considerations: At Grade versus Grade Separated Grade Separated PROS ➢ Reduces rail conflict with at -grade road and pedestrian traffic S. Serves as gateway for an area CONS S. More difficult and takes longer to access transit S. Significantly higher capital cost ➢ Higher operational and maintenance costs ➢ Requires redundant stair/walkway/elevator infrastructure ➢ Detached from ground -level activities ➢ Difficult for transit transfers S. Less attractive Above -Grade Tide Light Rail Station at Norfolk -State University Brambleton Below is the potential Station Transit Oriented Development (TOD) Build -Out in the Town Center area: Potential Station TOD Build -Out in the Town Center March 17, 2015 -25 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below are the existing and potential TOD by station locations: Existing and Potential Transit Oriented Development by Station Locations Total Acres Tate]ACM1 02.4 Total Acres 39.9 53.7 Total Acres 27.5 53 Converting the visual element of the TOD to actual numbers for the economic analysis is important to understand: Modest = 25% o SGA TOD build out Avenge = 50% of SGA TOD build out Optimistic = 75% of SGA TOD build out TOD Land Use Changes Table (Removes Overlap)(50 year build out) 70D Station Physical land list', a thanes Residential Office Commercial Hotels Industrial Stations and Redevelopment Scenarios (units) (sf) (sf) (rooms) (sf( Modest Newtown (existing station) Witchduck-Kellam-Constitution 161 9,419 6,847 48 (103,343 2,395 1,620,174 818,313 683 (327,981 Marginal Redevelopment 2,556 1,629,593 825,160 731 (437,324 Average Newtown (existing station) 323 18,837 13,695 97 (218,687 Witchduck-Kellam-Constitution 4,790 3,240,349 1,636,627 1,366 (655,961 Marginal Redevelopment 5,113 3,259,186 1,650,322 1,463 (874,648 Optimistic Newtown (existing station) Witchduck-Kellam-Constitution 484 28,256 20,542 145 (328,030 7,184 4,860,523 2,454,940 2,048 (983,942 Marginal Redevelopment 7,668 4,888,779 2,475,482 2,193 (1,311,972 March 17, 2015 -26 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the Redevelopment Potential for Newtown Station: Optimistic Average Modest Existing Newtown Road Station Went 484 323 161 28,256 18,837 9,419 mt 20,542 13,695 6,847 Hotel 145 (328,030) 97 (218,687) 48 (109,343) March 17, 2015 $, r • i .I f ? a II!4U I• 1 f /x' r l I' Fi-Fi I. NEWTOWN STATION TRANSIT ORIENTED DEVELOPMENT SITES ./ VIRGINIA BEACH :.«. REDEVELOPMENT POTENTIAL Optimistic Average Modest Existing Newtown Road Station Went 484 323 161 28,256 18,837 9,419 mt 20,542 13,695 6,847 Hotel 145 (328,030) 97 (218,687) 48 (109,343) March 17, 2015 -27 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the Redevelopment Potential for Witchduck, Kellam and Constitution Stations: 1,953 1,279,535 1,302 853,023 651 426,512 March 17, 2015 '"k T� ♦ tr+ i l 1 $_ R aid' 1 i- d _+'. �. ✓ :, r IWITCHDUCK AIN.— Ile �• t o, o o KELLAM CONSTITUTION STATIONS .;yl� TRANSIT ORIENTED DEVELOPMENT SITES VIRGINIA BEACH REDEVELOPMENT POTENTIAL e. 1,953 1,279,535 1,302 853,023 651 426,512 March 17, 2015 -28 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Pembroke Multimodal Station Master Plan Concepts Kellam Road Area Tomorrow Today Optimistic Average Modest nits 2,144 1,366,833 1,430 911,222 715 455,611 750,052 500,035 250,017 Hotel -98 -66 -33 -270,666 -180,444 -90,222 Pembroke Multimodal Station Master Plan Concepts Over Independence Blvd. Tomorrow Today Optimistic Average Modest 4,692 3,128 1,564 3,274,020 2,182,680 1,091,340 +,i twet ,carts gni=r` 1,525,772 1,017,181 508,591 752 -252,511 502 -168,341 251 -84,170 March 17, 2015 -29 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Pembroke Multimodal Station Master Plan Concepts Market Street Tomorrow Today Optimistic Average Modest 3,533 2,355 1,178 2,578,147 1,718,765 859,382 Commetciai 1,096,787 731,191 365,396 otei.. d tt ot 1,313 -' -60,236 876 -40,157 438 -20,079 Pembroke Multimodal Station Master Plan Concepts Constitution Drive Tomorrow Today Optimistic Average Modest ide 3,093 2,214,155 2,062 1,476,104 1,031 738,052 d 825,570 550,380 275,190 1,336 891 445 -54,246 -36,164 -18,082 March 17, 2015 -30 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the 50 -Year Marginal Annual Real Estate Tax Table: 50 -Year Marginal Annual Real Estate Tax Table Average Annual Taxes Generated for: Newtown, Witchduck, Kellam & Constitution e Real Estate taxon (millions) Class AA ClassA Class8 Nominal PV (5.5%) Nominal PV (5.55) Nominal PV (5.5%) 10 Yea? Modest $ 2.02 $ 141 $ 194 $ 136 $ 188 $ 132 Average 4.35 3.03 4.19 2.92 4.07 2.85 Optimistic 6.68 4.64 6.44 449 6.26 4.38 20Yar Modest 5.74 2.46 481 206 4.18 179 Average 12.60 540 ..10.75: 460 9.48 405 Optimistic 19.46 8.34 16.69 7.14 14.79 6.32 30 Year Modest 9.42 2.40 7.59 1.93 6.33 1.61 Average 21.08 5.36 17.41 4.42 14.88 3.78 Optimistic 32.73 8.32 27.23 6.91 23.44 5.95 40 Year Modest 12.98 194 10.24 1.53 8.33 125 Average 29.54 4.42 24.06 3.60 20.26 3.03 Optimistic 46.11 6.89 37.89 5.66 32.18 4.81 50 Year Modest 16.70 1.47 12.99 114 1041 0.91 Average 38.58 3.38 31.15 2.73 2600 2.28 Optimistic 60.45 5.30 49.31 4.32 41.58 3.65 Below is the Marginal Average Annual Real Estate Tax Revenues for years 1-30: Marginal Average Annual Real Estate Tax Revenues (Years 1- 30) Average annual real estate revenue escalation factors: Quality of new development/redevelopment Economic cycle Type of development%redevelopment Rate of Genre, pnts7ntjredeveioprnent Proximity to Stations .,.,, per $2.00 AV Marginal Real Estate Tax Growth Estimate (LRT Average Class A Redevelopment) 2 a B 1011121314151.6171119 20 2112 2324 /52 Years March 17, 2015 -31 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) 50 -Year Marginal Cumulative Real Estate Tax Table Class AA Class Nominal PV (5.5%) Nominal PV (5.5%) OYear Modest $ 20.2 $ 14.1 $ 194 5 136 $ 18.8 $ 13.2 Average 43.5 30.3 41.9 29.2 40.7 28.5 Optimistic 66.8 46.4 64.4 449 62.6 43.8 20Year Modest 77.6 38.7 67,5 34.2 60.6 31.1 Average 169.5 84.3 1494 75.2 135.5 691 Optimistic 261.4 129.8 231.2 116.3 210.5 107.0 30 Year Modest 171.8 62.7 143.4 53.5 123.8 47.2 Average 380.3 137.8 323.5 119.5 284.4 106.8 Optimistic 588.7 213.0 503.6 185.5 4449 166.5 00Year Modest 301.5 82.1 245.7 68.8 207.2 59.6 Average 675.7 182.0 564.1 1554 487.0 137.1 Optimistic 1,049.8 282.0 882.5 242.1 766.7 214.6 50 Year Modest 468.5 96.7 375.6 80.2 311.3 68.8 Average 1,061.5 215.9 875.6 182.8 746.9 159.9 Optimistic 1,654.4 335.0 1,375.7 285.3 1,182.6 251.0 Average Cumulative Taxes Generated for: Newtown, Witchduck, Kellam & Constitution 50 -Year Marginal Cumulative Real Estate Tax Comparison d erage: i*J'' Pro ectpons 3n ar ent Potentia $44.4 r )Uio,so _ S1,44 Nikon 43...9 mil3ion i.i,.,. ,+^3 - .5311 .3 755.6 Million'. (Class A Marginal Real Estate Tax Growth Estimate (LRT Upper and Lower Bound Redevelopment) [ 1,000 i E -. _. complete 1100X1 Op16mltticl75N ow..Average 00.0 1,424.0........ Mrdevr 185x1 154.4 54A y� 6f.9,�r+e! iS38 Iaa: ...... 00.6 10 March 17, 2015 -32 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Pembroke Multimodal Station Master Plan Town Center Options Evaluation Matrix Pembroke Multimodal Station Master Plan Staff Recommendation for the LPA Four Station Scenario: Slightly modifying the Newtown Station and constructing the Witchduck Station are essential. Several potential end of line station areas located close to Pembroke Town Center were analyzed. Two of those stations must be considered to better serve the area. The dual station alternative in the Pembroke SGA scored highest overall. Constructing both the Kellam and Constitution stations are recommended as they would be: e The easiest to access for a greater number of Pembroke area residents, employees and visitors ▪ Cheapest to build since they would be at grade and in areas yet to be redeveloped Are spaced such that operational and transit efficiencies may still be realized Constitution Station beco mes the VBIR Extension terminus r Have the availability to construct sizeable park and ride facilities Best location for locating the Union Station to connect north -south lines Maximizes potential build out of the TC Avoids congesting the center of the TC Enables a change in technology at the end of line station (Constitution) March 17, 2015 -33 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) In addition to Light Rail, the access to the line in the TOD is imperative. The City will conduct a preliminary study to determine if a shared -use path along the transit alignment is feasible and, if so, consider including same in this project: Light Rail Corridor Shared -Use Pathway • HRTVBTES/DEIS does not include any parallel, east -west pedestrian/bicycle connectivity improvements as it is not within study scope with the FTA. • HRT 30% design will place rail line on blast with curbing and contained stormwater collection system. KH will design the area outside the curb needed for an add -option bid item City preliminary study intended to determine if shared -use path along proposed transit alignment is feasible and, if so, consider including in transit project. Conceptually, it is possible to design and construct a shared -use path system, with the intent to add additional phases. • Project requires cooperation of various entities, including adjacent neighborhoods, Dominion Virginia Power, Hampton Roads Transit, and the development community. Some City Staff visited Charlotte to ride along their mixed-use paths along their transit line: e started at the Charlotte nsportation Center bike sh tion in do` ntowrr 1 Continuous 10'-16' bike -ped paths on both sides of a 28' wide rail bed further extend station access and development opportunities] Charlotte has seen over $1.458 in new private investment since 2005 along the Lynx LRT corridor. The paths are very integral to this Success-* March 17, 2015 -34 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) In Charlotte the Transit Oriented Development is amazing and contributes development to the mixed-use paths: 1 1 j «--Many new businesses cater to fight rail and path users, "front I facing' the; paths and LRT tracks New transit oriented developmen just finishing construction. Developers further improve the path(s) with decorative foncing and landscaping—. HRT will do a 30% design; however, it is the most basic design: Transit Corridor Shared -Use Pathway Study DRAFT CONCEPTUAL PURPOSES ONLY Preliminary cost estimate $17M - $26M March 17, 2015 -35 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the Shared -Use Pathway Feasibility: Light Rail Corridor Shared -Use Pathway Feasibility Creates an east/west connection through six of the City's SGAs to enhance development and act as an amenity to the residents and visitors of the City. The initial phase parallels the initial light rail extension to VB's Town Center. Project aligns with goals and visions for City's SGAs; is a top priority of the Virginia Beach Bikeways and Trails Plan and is consistent with regional planning as the eastern destination of the South Hampton Roads Trail. With strategic design, this pathway system will greatly enhance connectivity and the quality of life for the residents of the SGA transit oriented neighborhoods. Provides VB Town Center quadrant connectivity over Independence South Hampton Roads Trail Shared -Use Pathway Study Next steps in development of shared -use path will constitute much more in-depth, design level work. It will be important to incorporate opportunities and constraints outlined in report to design an effective pathway. This requires acquiring the services of an AE. Integrate the pathway with north/south connections and connectivity to the transit stations will also be a key aspect of the success. In order for the construction to occur simultaneously with the light rail — an add option bid item will be included in the Light Rail RFP Funding will also need to be identified Pre -engineering costs will increase the projected FY16 budget requirement. Pedestrian Crossing over Independence Blvd. with ramp to Market St. Note: Rendered image/ Not to design specifications March 17, 2015 -36 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the Cost Estimate: Agreement in principle between Commonwealth of Virginia and City of Virginia Beach for Virginia Beach Transit Extension Project > 50/50 split up to a max of $155M for state > Cost estimate has increased from $310 to $327 — DRPT reiterates City responsible for overages (new cost includes ROW expended to date) > Cost does not include parallel shared use path at $17M - $24M > Projected CIP funding stream (City share of $155.2M) > Funding source: to be presented in City Manager's FY16 budget {3�hW 71k11RW VAS -6/80 Clem Light Rall Vehicle Advance Procurement (4) - Procured through HRT Right-of-wayA qu¢tona Design - Bridging Documents (000 and RFP Process 0 15% of construction costs) AcquHltlon of. Busses -ten vehicles" Construction -Design -Build CEI and Contingency 120% of design -build costs) Escalation YOE 2018 for all Items Except Construction Total Amount CH y Amount (50%) $20,969,000 510,484,500 528,920,000 514,460,000 526,575,500 513,287,750 57,886,000 53,943,000 5177,170,000 588,585,000 .535,434,000 517,717,000. 513,423,500 56,711,750 5310,378,000... 5155,189,000 In order for Light Rail to be successful, significantly greater BUS service must be created: Significantly Greater Bus Service New Route — To/From Witchduck Station through Kempsviile and Centerville to Greenbrier March 17, 2015 -37 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the operation and maintenance cost for Town Center Alternative: O&M Costs for Town Center Alternative VB Light Rail VB BRT VB Bus*** Total LR + Bus Current VB Bus 1.18,710 I 2,298, 11,960 210,083 $2.2M $1.6M $12.1M $14.3M $1.3M $0.9M $7.1M $8.4M * The first one to two years of new service is 100% paid for by localities without federal assistance. ** This represents the estimated ongoing O&M costs for service assuming 2014 Federal, State, and Fare box revenues continue at 2014 percentages. *** In 2014, VB local share for bus service was $4.OM In 2014, Norfolk Local Share for LRT Service was $5.3M Funding Strategy for the Light Rail Extension will be presented with the City's FY16 Budget submission: Funding Strategy for VBLR Extension Multiple alternatives developed for consideration City Manager FY16 Budget submission to Council will include this funding (24 March 2018) One on one FY16 Budget discussions between Manager and Council Members underway FY16 expenditures NTE $20M March 17, 2015 -38 - CITY MANAGER'S BREIFINGS LIGHT RAIL TRANSIT EXTENSION UPDATE ITEM #64642 (Continued) Below is the Project Schedule of Key Milestones: Project Schedule of Key Milestones Date(s) Agency Lead FTA Review/Approval of 0115: Final DEI5 Published, Circulated & Formal Public Comment (45 days) & Hearings: City Council on Pembroke Multimodal Study, Shared Use Pathway project Update locally Preferred Alternative selerred by City Council Commonwealth of Virginia approves Six Year Improvement Program FEIS/PE/30% Design RFP awarded 30% Design/FEIS Issue Letter of Interest to Construction Industry RFQ Ported and Design -Build Team RFQ Response Development RFQ Process - Prequalification of Design Build Teams Bridging Documents (Assumes 30% Design portion available May 2016) Proposal Review Period Selection of Design -Build Contractor Negotiation of Comprehensive Agreement Design -Build Finalise Design Design -Build Construction System Testing and Turnover Light Rail Operation to HRT October 31, 2014 — March 11, 2015 March 13 — May 5, 2015 March 17, 2015 May 5,2015____ May/June 2015 June 2015 July 2015 —July 2016 September2015 November 2015 —January 2016 February 2016 — March 2016 September 2015 —June 2016 November 2016 — December 2016 November 2016 December 2016 —January 2017 March 2017 to September 2017 March 2017 — February 2019 February 2019 —June 2019 July t5 HRT HRT City city CTB HRT HRT Mgr CRy City City CRy City City City City CRy HRT Note. All artinns bel l..ne are contingent on Virginia 3each. C y (ounce ,alerting Ful, AfternetiVe for tLe _A Town gen.: Alignment Alterr'.ative. Actions and associated dates would change for any of the other four alignment alternatives 16, 2 or 3. No other actions below those identified after the LPA decision will occur 0 Virginia Beach City Council selects a No Build scenario. City Council Discussion and Questions Mayor Sessoms expressed his appreciation to Mr. Hansen and the entire Team for their continued work on this project. March 17, 2015 -39 - CITY COUNCIL COMMENTS ITEM #64643 4:23 P.M. Mayor Sessoms, shortly after the State of the City, was informed how important BROADBAND INTERNET is to not only the City but the Region. Mayor Sessoms reached out to Councilman Davenport who has expertise in the field of technology Councilman Davenport stated during the recent City Council Retreat, the Bio -Medical Initiative was made one of Council 's top seven (7) priorities. Since that time, we have found that the City will need state-of-the-art infrastructure systems including ultra-high speed internet. He credited the City for being proactive over the past eight (8) years. The City has made wise investments in respect to fiber networks. The City has close to $22 -Million and Schools a $20 -Million Fiber Network Infrastructure. What is recommended is to explore the potential of creating a Virginia Beach or a Southside Regional Broadband Authority in order to leverage the NextGeneration Network Investments. Matt Arvay, CIO — COMIT, advised cities nationwide are looking at Broadband services as it is no longer a luxury but a necessity. Broadband is essential in the NextGeneration Network Initiative. This is a modernization to aged infrastructure that no longer adequately serves off -campus City facilities. The City is currently finishing the contracting phase with implementation to begin in the next few months. Although the infrastructure is not fully integrated, he believes the City has an opportunity to leverage these investments in order to support the growing demand for data. This infrastructure could possibly create opportunity for unique partnerships. The Master Technology Plan did not include creating an authority in accordance with the Code of Virginia, Wireless Services Authority Act. This proposed Resolution will provide that opportunity. Several similar authorities exist in the Commonwealth of Virginia. Warren Harris advised this opportunity is essential for connecting the community as a part of Vision 2040. In conversations with National Institute of Health (NIH), we were advised grant funding would not be an option without this type of technology. From an economic development standpoint, this technology is essential to move the City into the future. Councilman Davenport distributed a proposed Resolution and Mayor Sessoms asked if anyone objected to adding this to the Agenda for consideration. Councilman Moss did not object but asked if the City will be providing a competitive or alternative source of internet access in competition with the private sector. Councilman Davenport advised this Resolution allows the City to explore the possibility of establishing a Broadband Authority. Councilman Moss is in favor of exploring but not for the City to enter into competition against people that risk their own capital and pay their own taxes. Vice Mayor Jones advised although he does not know a thing about technology, it sounds good to him. March 17, 2015 -40 - CITY COUNCIL COMMENTS ITEM #64644 Councilman Dyer advised his wife suffered a health emergency on Sunday evening. He expressed appreciation to Princess Anne Hospital for their friendly and accommodating staff. This hospital is truly an asset to the City. March 17, 2015 -41 - CITY COUNCIL COMMENTS ITEM #64645 Council Lady Wilson advised she is co-chairing Cycle for Survival and raising money for rare cancer research. Council Lady Kane and Councilman Davenport are involved and distributed information to get involved and create a team. On May 3'd, there is a fun and exciting event at OneLife Fitness on Virginia Beach Boulevard from 1:00 — 5:00 P.M. to benefit this non-profit organization. Members of City Council were invited to participate. March 17, 2015 -42 - CITY COUNCIL COMMENTS ITEM #64646 Councilman Moss advised he attended the Deferred Compensation Board meeting yesterday and thanked City Council for allowing him to serve on the Board. The Asset Value of the Deferred Compensation is 4281 -Million with 5,500 City Employees participating plus another 500 or so participating in the Sheriff's Department. The equity account is up 12.65% and fixed income 5.97%. The majority of money is in fixed income and shows that most are very conservative. March 17, 2015 -43 - CITY COUNCIL COMMENTS ITEM #64647 Councilman Moss mentioned Sea Level Rise is the most pressing threat to the City's entire infrastructure. He is concerned the City is not being as aggressive in the CIP as we should be. The City needs to take this liability into account as it is within the ten year window that we will have to make some serious capital investments. Council Lady Henley advised ODU is conducting a study on Sea Level Rise and hopes the City is involved in this and asked what our participation is? City Manager Spore advised the City has several things going on; specifically, the City is involved in the study as well as HRPDC is providing a Committee at the Planning District level to look at this from a Regional perspective. March 17, 2015 -44 - CITY COUNCIL COMMENTS ITEM #64648 Councilman Moss requested a status of the study of real numbers and economic impact of the SGA's that are in operation. City Manager Spore advised a lot of the base work has been completed and he will provide a detailed briefing. March 17, 2015 -45 - AGENDA REVIEW SESSION 4:42 P.M. ITEM #64649 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 10 to ADD four (4) polling Precincts (Dam Neck, Hilltop, Independence and Indian River), change two (2) polling places (Edwin and Hillcrest) and a Precinct boundary change (Davis Corner and Newtown) b. Sections 25-6, 25-8, 25.1-4 re daily reports to Chief of Police by Pawnbrokers, Junk and Secondhand Dealers and Precious Metal and Gem Dealers 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Museum of Contemporary Art ("MOCA') at 2200 Parks Avenue b. Transitions Community Development Corporation at 213 and 217 Louisa Avenue 3. Ordinances to ACCEPT and AUTHORIZE major design features and acquisition of temporary/ permanent easements, either by agreement or condemnation: a. Indian River and Kempsville Roads intersection improvements b. Witchduck Road - Phase II 4. Ordinance to GRANT Open Air Cafe Franchises: a. Albie's Pizza Atlantic Avenue Side Street Cafe 5 years b. Black Angus Atlantic Avenue Sidewalk Cafe 5 years c. Catch 31 Boardwalk Cafe 5 years d. Dough Boy 's Atlantic Avenue Sidewalk Cafe 5 years e. Lagerheads Cafe Connector Park Cafe 5 years f Lagerheads Cafe Boardwalk Cafe 5 years g. Marriott Courtyard Boardwalk Cafe 5 years h. Rockfish Cafe Connector Park Cafe 5 years i. Chix Cafe Boardwalk Cafe 1 year 5. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Urban Maintenance payments for: a. Additional streets b. Corrections and deletions to the road inventory March 17, 2015 -46 - AGENDA REVIEW SESSION ITEM #64649 (Continued) 6. Resolution re the Virginia Beach Community Policy and Management Team (CPMT) a. City Manager or Designee to serve as Fiscal Agent to administer CSA funds b. City Auditor to annually audit the total revenues 7. Resolution to NAME Police marine vessels to memorialize fallen Officers 8. Resolution to URGE parents whose children are not fully immunized to proceed with vaccinations 9. Ordinance to EXTEND the date for satisfying the conditions re closing, vacating and discontinuing a portion of Market Street (Town Center Block 9) 10. Resolution re MODIFICATION and EXTENSION of the Town Center Option Agreement with the Development Authority 11. Ordinance to AUTHORIZE Temporary Encroachments into a portion of City property known as Main Street, Columbus Street and Constitution Drive 12. Ordinance to APPROPRIATE and TRANSFER to the Sheriff. a. $1,262,100 re the medical contract expenses b. $ 564,000 annual and sick leave payouts c. $1,204,500 to Special Revenue Fund to offset projected shortfalls ITEM #1b WILL BE DEFERRED TO APRIL 21, 2015 ITEM #2a WILL BE DEFERRED VICE MAYOR JONES WILL ABSTAIN ON ITEM #3a REVISED VERSION OF ITEM #4 a -i WILL BE CONSIDERED COUNCIL LADY WILSON FILED DISCLOSURE FOR ITEM #4c/e/f/i MAYOR SESSOMS WILL ABSTAIN ON ITEM #4i COUNCILMAN UHRIN WILL ABSTAIN ON ITEM #4i COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM #10 March 17, 2015 -47 - AGENDA REVIEW SESSION ITEM #64649 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. PLANNING 1. Ordinance to AMEND Sections 111, 230, 901 and 1001of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form -Based Code re Craft Distilleries as a Conditional Use 2. CROWN CASTLE USA, INC. re Relocation of a Nonconforming Structure (communication tower) on an easement at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane DISTRICT 7 - PRINCESS ANNE 3. UNITED STATES MANAGEMENT/CITY OF VIRGINIA BEACH: DISTRICT 6 —BEACH a. Special Exception re Alternative Compliance to the Oceanfront Resort District Form -Based Code b. Request for major entertainment Venue Signs at 19`x' Street and Virginia Beach Boulevard 4. CHESAPEAKE BAY DISTILLERY, LLC /HOTLINE ENTERPRISES, LLC for a Conditional Use Permit (Craft Distillery) at 437 Virginia Beach Boulevard DISTRICT 6 — BEACH 5. VIRGINIA BEACH DEVELOPMENT AUTHORITY re Modification of Proffers Nos. One (1) and Two (2) (approved June 13,1998, and modified June 25, 1996) at General Booth Boulevard and Corporate Landing Parkway DISTRICT 7 — PRINCESS ANNE 6. PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit (Indoor Commercial Recreation -Bowling Alley) at 4554 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE 7. 5073 VIRGINIA BEACH BOULEVARD, LLC for a Conditional Use Permit (motor vehicle repair) at 245 Pennsylvania Avenue DISTRICT 4 — BAYSIDE 8. TAKE 5 OIL CHANGE, LLC /1928 LASKIN RD, LLC for a Conditional Use Permit (motor vehicle repair) at 1928 Laskin Road DISTRICT 6 — BEACH 9. Variance to Section 4.4(d) of the Subdivision Regulations to allow subdivision of lots: a. BH INVESTORS /ROBERT S. LINDSLEY, JR., EXECUTOR OF THE ESTATE OF EDWIN B. LINDSLEY, JR at 936 Lindsley Drive DISTRICT 5 — LYNNHAVEN b. RICHARD S. and JUDY L. FOSTER at 3344 Eagle Nest Point DISTRICT 5 - LYNNHAVEN March 17, 2015 -48 - AGENDA REVIEW SESSION ITEM #64649 (Continued) 10. NVR, INC/MUNDEN FARM, LLC re Modification of Proffer No. 3 (Approved March 26, 20062 at Munden Farms Lane and Munden Ridge Drive re lot size DISTRICT 7 — PRINCESS ANNE 11. MONARCH PROPERTIES, INC. for a Conditional Change of Zoning from R -5D Residential District to Conditional 0-1 Office District at South Rosemont Road re a medical office building DISTRICT 3 — ROSE HALL 12. ALEXANDRIA PLACE, LLC c/o HAV for a Conditional Change of Zoning from Al2 Apartment to Conditional A-24 Apartment at 5700 Magnolia Chase Way re increased density DISTRICT 1 - CENTERVILLE ITEM #2 WILL BE CONSIDERED SEPARATELY ITEM #3a/b WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILLI ABSTAIN ON ITEM #4 ITEM #8 REVISE CONDITON #13 TO 20 YEARS AND DELETE CONDITON #14 COUNCIL LADY HENLEY WILL VOTE VERBAL NAY ON ITEM #8 MAYOR SESSOMS WILL ABSTAIN ON ITEM #11 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM #12 March 17, 2015 -49- ITEM#64650 Mayor William D. Sessoms, Jr., 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: 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)(30) Arena PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Beach District PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees March 17, 2015 -50- ITEM#64650 (Continued) Upon motion by Councilman Moss, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 4:58 P.M. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None (Closed Session 4:58 P.M. 5:55 P.M.) (Break 4:58 P.M. 5:05 P.M.) March 17, 2015 -51 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 17, 2015 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, March 17, 2015, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Ralph Rowley Pastor Virginia Beach Methodist Church MOMENT OF SILENCE FOR MEYERA OBERNDORF PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. March 17, 2015 -52 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identiing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. March 17, 2015 Item —V -E CERTIFICATION -53- ITEM #64651 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 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 #64650 Page 50, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk March 17, 2015 -54 - Item -V-F MINUTES ITEM #64652 Upon motion by Councilman Dyer, seconded by Council Lady Ross -Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 3, 2015. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -55- ADOPT AGENDA FOR FORMAL SESSION ITEM #64653 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 17, 2015 -56 - Item V — H.1 a/b/c PUBLIC HEARINGS ITEM #64654 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASES OF CITY -OWNED PROPERTY a. 1409 Old Virginia Beach Road b. 213 Louisa Avenue c. 217 Louisa Avenue The following individual registered to speak: Barbara Messner expressed concern regarding the lease of these properties as they are in the most dangerous "crash zones" in the City. The properties were purchased to lessen the potential for human loss should a jet crash shortly after take -off or on their landing descent, as these are the most dangerous times in flying. The Navy did not pay 100% of the acquisition costs of these properties and the Citizens had to pay approximately 50% of the costs. The City also parks a large number of Public School buses in this area. The City's excessive need for more and more hotels are at the expense of the taxpayers and the Navy. The Virginia Beach Boulevard property will be used as "affordable housing", one of the Louisa Avenue properties will be used to house males with DUI and substance abuse issues. It is unfair to the existing residents in this long established residential and small business community. The BRAC and City funds to purchase these properties were used to limit having people housed in "high noise" and "crash zones ". There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 17, 2015 -57 - Item V — H.2.a PUBLIC HEARINGS ITEM #64655 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION OF RIGHT-OF-WAY a. Indian River and Kempsville Roads Intersection The following individuals registered to speak: Peggy Sansone, 1305 Lake James Drive, Phone: 424-3464, spoke in FAVOR of the project; however, there are a few concerns, specifically, the status of the Stormwater Management Project for this intersection. The Lake James Homeowners Association has not been updated in over six (6) months. Mayor Sessoms requested the City Manager arrange a Staff Member to schedule a meeting with the Homeowner's Association to provide an update. Lawrence Stampe, 1269 Belvoir Lane, spoke in FAVOR of the project; however, expressed concern for the rerouting of the traffic through Lake James. Mr. Stampe requested an update from the Traffic Engineer. Mayor Sessoms advised the Traffic Engineer will attend with the folks for the Stormwater Maintenance. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 17, 2015 -58 - Item V — H.2.b PUBLIC HEARINGS ITEM #64656 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION OF RIGHT-OF-WAY b. Witchduck Road Phase II The following individuals registered to speak: James M Pickrell, Jr., 403 Boush Street, Phone: 627-8365, Attorney for John and Rita Ninos, property owners of 5101 Virginia Beach Boulevard. Mr. Pickrell provided a letter dated March 17, 2015, which is made a part of this record. Mr. Pickrell advised his clients purchased this property in 1988 which is located at the corner of Witchduck and Virginia Beach Boulevard. Since 1992 (23 years), the property has been continuously leased to a Rally's Restaurant. The City only needs a portion of the property to widen Witchduck Road. After the City acquires the portion of the property needed, approximately 30,588 square feet of property will remain and will continue to be compliant with the current B-2 Zoning. The Ninos recognizes the building will have to be demolished as a part of this acquisition. For the past three (3) years, they have requested the City not take the entire property but only the portion needed for the improvements. Mayor Sessoms advised this will come back to the City Council for consideration and requested Mr. Pickrell continue negotiating with the City and City Council will deal with it when it comes back for final consideration. Councilman Moss advised during the Informal Session, City Council, as a whole, communicated and shared concerns with the City Manager and City Attorney and asked that before exercising any condemnation of this kind, they would come back to City Council. Councilman Moss believes a common ground will be found. Ron Shank, 294 N. Witchduck Road, Phone: 472-9934, owner of the strip -shopping center located on the property. The property is "family-owned". His wife owns a business located in the shopping center and other tenants rent buildings. They built this shopping center twenty (20) years ago and are currently working with City Staff to go from a `full take" to a `partial take". Mr. Shank complimented the Staff for their work thus far. His biggest concern is, even at the very best, the shopping center will lose the in/out access from Withchduck Road, leaving the only way in/out of this shopping center is a little street in the back called Jersey Avenue, which does not even have a sign. According to City Staff in front of the property, a bicycle and multi -use path will be built. There are approximately 3,500 feet from 1-264 to Virginia Beach Boulevard, with approximately 60,000 cars a day driving on this stretch. He questioned who would want to ride a bicycle in that environment. Directly across the Street, the City owns a vacant piece of property. Mayor Sessoms advised this will come back to the City Council for consideration and requested Mr. Shank continue negotiating with the City and City Council will deal with it when it comes back for final consideration. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 17, 2015 -59 - Item V—H3 PUBLIC HEARINGS ITEM #64657 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY (Cafe Franchises) a. 11th Street Atlantic Avenue Side Street Cafe 1011 Atlantic Avenue b. 11th Street Boardwalk Cafe 1011 Atlantic Avenue c. Albie's Pizza Atlantic Avenue Side Street Cafe 200 21' Street d. Black Angus Atlantic Avenue Sidewalk Cafe 706 Atlantic Avenue e. Catch 31 Boardwalk Cafe 3001 Atlantic Avenue f Dough Boys -24th Atlantic Avenue Sidewalk Cafe 2410 Atlantic Avenue g. Lagerheads Boardwalk Cafe 3315 Atlantic Avenue h. Lagerheads Connector Park Cafe 3315 Atlantic Avenue i. Marriott Courtyard Boardwalk Cafe 2501 Atlantic Avenue j. Planet Pizza Atlantic Avenue Sidewalk Cafe 812 Atlantic Avenue k. Rockfish II Connector Park Cafe 1601 Atlantic Avenue 1. Chix Boardwalk Cafe 701 Atlantic Avenue There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 17, 2015 -60 - Item V— H.3 PUBLIC HEARINGS ITEM #64658 Mayor Sessoms DECLARED A PUBLIC HEARING: POLLING PLACE CHANGES a. Create four (4) new precincts b. Relocate two (2) existing polling places c. One (1) boundary line change The .following individual registered to speak: Mike Mitchell, P.O. Box 62102, Phone: 544-0955, advised he is a Precinct Captain at Davis Corner. He understands the City feels it is too large and proposes to change the boundaries. He is OPPOSED to the change. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. March 17, 2015 -61 - ADD ON ITEM #64659 Upon Motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED the request to ADD to the Consent Agenda: Resolution re DESIGNATE March 26, 2015, a "DAY OF PEACE" Monument Dedication Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -62 - ADD ON ITEM #64660 Upon Motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED the request to ADD to the Consent Agenda: Resolution re the Furtherance of High -Speed Broadband Internet Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 Item -V-I ORDINANCES/RESOLUTIONS -63- ITEM #64661 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items la, lb (DEFER to APRIL 21, 2015), 2a(DEFERRED),2/b, 3a/b, 4a/b/c/d/e/f/g/h/i (AMENDED VERSION), 5a/b, 6a/b, 7, 8, 9, 10(MOSS VERBAL NAY), 11, 12a/b/c, 13 and 14 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -64- Item -V-Lla ORDINANCES/RESOLUTIONS UTIONS ITEM #64662 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. Section 10 to ADD four (4) Polling Precincts (Dam Neck, Hilltop, Independence and Indian River), change two (2) polling places (Edwin and Hillcrest) and a Precinct boundary change (Davis Corner and Newtown) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY CODE TO ADD FOUR PRECINCTS AND CHANGE TWO POLLING PLACES AND TO APPROVE A PRECINCT BOUNDARY CHANGE SECTION AMENDED: § 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach Chimney Hill College Park Colonial Colony Corporate Landing Courthouse Creeds Cromwell Culver Dahlia Dam Neck Davis Corner Polling Place Alanton Elementary School Bayside Sixth Grade Campus Arrowhead Elementary School Woodstock Elementary School Ebenezer Baptist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Holland Road Baptist Church Brandon Middle School Plaza Annex Green Run Baptist Church Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church Congregation Beth Chaverim College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School Corporate Landing Elementary School Bettie F. Williams Elementary School 50 Eastern Shore 51 Edinburgh 52 Edwin 53 54 Fairfield 55 Foxfire 56 Glenwood 57 Great Neck 58 Green Run 59 Haygood 60 Hillcrest 61 62 Hilltop 63 Holland 64 Homestead 65 Hunt 66 Independence 67 Indian Lakes 68 Indian River 69 Kings Grant 70 Kingston 71 Lake Christopher 72 Lake Joyce 73 Lake Smith 74 Landstown 75 Larkspur 76 Lexington 77 Linkhorn 78 Little Neck 79 London Bridge 80 Lynnhaven 81 Magic Hollow 82 Malibu 83 Manor 84 Mt. Trashmore 85 Newtown 86 North Beach 87 North Landing 88 Ocean Lakes 89 Ocean Park 90 Oceana 91 Old Donation 92 Pembroke 93 Pinewood 94 Plaza 95 Pleasant Hall 96 Point O'View 97 Red Wing 98 Rock Lake Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Middle School Kempsville Presbyterian Church Kemps Landing/Old Donation School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Haygood United Methodist Church Victory Baptist Church Village Church Freedom Fellowship Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Water's Edge Church Indian Lakes Elementary School San Lorenzo Spiritual Center St. Nicholas Catholic Church King's Grant Presbyterian Church New Covenant Presbyterian Church Morning Star Baptist Church Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Larkspur Middle School Virginia Beach Community Chapel Lynnhaven United Methodist Church London Bridge Baptist Church Tidewater Area Christian Fellowship Virginia Beach Moose Family Center Malibu Elementary School Providence Elementary School Windsor Woods Elementary School Good Samaritan Episcopal Church Galilee Episcopal Church Hope Haven Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Calvary Baptist Church Pembroke Elementary School Lynnhaven Presbyterian Church Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex Kempsville Church of Christ Fraternal Order of Police, Lodge #8 Salem Elementary School 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Strafford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center AgricultureNoter Registrar Building 2. The Council approves the relocation of the precinct boundary line between Corner Precinct and the Newtown Precinct as provided in the map attached "Exhibit A" the Davis hereto as Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17 th day of March , 2015. APPROVED AS TO CONTENT: Voter Registrar CA13277 R-1 February 12, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Atto ' P ice EXHIBITS Exhibit A: "0021 — Davis Corner" - proposed precinct boundary change between Davis Corner and Newtown Exhibit B: New Precincts: "0003 — Ocean Lakes" - proposed new precinct named Dam Neck "0067 — Eastern Shore" — proposed new precinct named Hilltop "0073 — Dahlia" - proposed new precinct named Independence "0071 — Round Hill" — proposed new precinct named Indian River Exhibit C: New Polling Places: "0027 — Edwin" - proposed polling location of Kempsville Middle School "0087 — Hillcrest" — proposed polling location of Village Church EXHIBIT A 0021— Davis Corner Proposal: Relocate approx. 1,197 voters from precinct 0021—Davis Corner, polling location Bettie F. Williams Elementary. Modify the boundary of precinct 0093 — Newtown, polling location Good Samaritan Episcopal Church, to include the registered voters relocated from precinct 0021— Davis Corner. Present: Precinct 0021 services approx. 4,309 registered voters Precinct 0093 services approx. 1,830 registered voters Proposed: Precinct 0021 will service approx. 3,112 registered voters Precinct 0093 will service approx. 3,027 registered voters • 0093 — Newtown (Good Samaritan Episcopal Church r{Irfis< 4 arra ?GPPatifi,l t"N111Pr • 0021— Davis Corner (Bettie F. Williams EIe ntary) 021 trf •�' • 0093 — Newtown (Good Samaritan Episcopal Church) W�{hAms f arm 1 Nerreatipn (;enter • 0021— Davis Corner r (Betty 2 �F. Williams Elem ntary) EXHIBIT B (1 of 4 ) 0003 —Ocean Lakes Proposal: Create additional precinct by relocating approximately 2,121 voters from precinct 0003 — Ocean Lakes polling location, Ocean Lakes Elementary, to a newly formed precinct. The proposed precinct's polling location is Corporate Landing Elementary, located at 1590 Corporate Landing Parkway. This polling location is located approximately .5 miles from the nearest border of the proposed precinct as no suitable location was found inside the precinct boundary. Present: Precinct 0003 services approximately 4,554 registered voters Proposed: Precinct 0003 will service approximately 2,433 registered voters New precinct will service 2,121 registered voters New precinct name — 0095 Dam Neck ,070 085 Gun Hall an of un Neck ('o n • 0003 — Ocean Lakes;, Ocean Lakes Elementary 003 House Dis84trict S yte Die-.trict ,8 030:: FIe L[1 063 n N t House District 81 I=.� Ilii 'S:t Niirkised: 0095 Dam Neck .,(Corporate Landing Elem tary) ,;: F1=et L:+r 030 r, 4 exhibit B (2 of 4) 0067 -Eastern Shore Proposal: Create additional precinct by relocating approximately 2,412 voters from precinct 0067 — Eastern Shore polling location, Eastern Shore Chapel, to a newly formed precinct. The proposed precinct's polling location is Freedom Fellowship, located at 836 Regency Drive. This polling location is located within the new precinct's boundary. Present: Precinct 0067 services approximately 4,470 registered voters Proposed: Precinct 0067 will service approximately 2,058 registered voters New precinct will service 2,412 registered voters New precinct name — 0096 Hilltop ,to Hilltop North 2 opping Center a Hilltop 1 Siza nce Place a Seii ate C3 District 0067 —astern Shore Easte-rn Shore Chapel 1 arget T.J. Maxx a London Br Rege 6,4 Shoppi Sena Captain George's seargodDisiric P EXHIBIT B (3 of 4) 0073 -Dahlia Proposal: Create additional precinct by relocating approximately 1,650 voters from precinct 0073 — Dahlia polling location, Green Run High School, to a newly formed precinct. The proposed precinct's polling location is Water's Edge Church, located at 4141 Holland Rd. This polling location is located within the new precinct's boundary. Present: Precinct 0073 services approximately 4,752 registered voters Proposed: Precinct 0073 will service approximately 3,102 registered voters New precinct will service 1,650 registered voters New precinct name —0098 Independence Green Run H q , .hno •0073—Green Run (Green Run High.School) posed: 0098 Independence Edge Church) D,Iruori Dorwi. Green Run Firgh chrriI 0073 — Dahlia EXHIBIT B (4 of 4) 0071- Round Hill Proposal: Create additional precinct by relocating approx. 2,700 voters from precinct 0071— Round Hill, polling location, Salem High School, to a newly formed precinct. The proposed precinct's polling location is San Lorenzo Spiritual Center, located at 4556 Indian River Rd, 23456. This polling location is located approximately .5 miles from the nearest border of the proposed precinct as no suitable location was found inside the precinct boundary. Present: Precinct 0071 services approximately 4,643 registered voters Proposed: Precinct 0071 will service approximately 1,943 registered voters New precinct will service 2,700 registered voters New precinct name — 0097 Indian River • '4 ' Ileasan Mork ern '''... ..L.. Salem high schtiO 0071 — Round Hill ,...., 7.i.„ (Salem,t110*Q01 --. s!, e . t Glen oriorl • Hem Mary School .1) v 056 • n Lorenzo al Center Neasan FAarketp smitt.ni huh Fie'01. 0071 — Round Hill (Salem High Schoo [Joke k.in5e :P Glen. Fle nlary S.ctioGI ; nic t 1.4 4 Lorener, al C 11.17, Proposed: 0097 IndiAn Riv (San Lorenzo Spirit:dal EXHIBIT C (1 of 2) 0027 - Edwin Proposal: Due to demolition of Kempsville Recreation Center, the polling place will be moved to Kempsville Middle School, located at 860 Churchill Drive. This location is within the boundaries of the precinct. 501f Cors*? 024 Larpu tddkScooI• • 0027= Edwin (Kempsville Recreation Center) 027 Proposed: 0027 — Edwin (Kempsville Middle School) 10_ „ oisnop Catholic High Si trc,4-, .1()Ilibee 068 ejre rrr4 EXHIBIT C (2 of 2) 0087 - Hillcrest Proposal: Relocate polling location from Victory Baptist Church due to unavailability, to Village Church, located at 4013 Indian River Rd. This location is within the boundaries of the precinct. 0 8 Farni Bureau Live /654 Darn %ec' S en a te Di strict 14 •-•?„, (603) i Item-V-I.1b ORDINANCES/RESOLUTIONS -65- ITEM #64663 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO APRIL 21, 2015, BY CONSENT, Ordinances to AMEND the City Code: b. Sections 25-6, 25-8, 25.1-4 re daily reports to Chief of Police by Pawnbrokers, Junk and Secondhand Dealers and Precious Metal and Gem Dealers Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 Item-V-I.2a ORDINANCES/RESOLUTIONS -66- ITEM #64664 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Virginia Museum of Contemporary Art ("MOCA') at 2200 Parks Avenue Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 Item -V-L2b ORDINANCES/RESOLUTIONS -67- ITEM #64665 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: b. Transitions Community Development Corporation at 213 and 217 Louisa Avenue Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH TRANSITIONS COMMUNITY 5 DEVELOPMENT CORPORATION FOR THE USE OF 6 LAND AND TWO RESIDENCES LOCATED AT 213 7 LOUISA AVENUE AND 217 LOUISA AVENUE. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land and the residences located thereon located at 213 Louisa 11 Avenue (GPIN 2407-85-6101) and 217 Louisa Avenue (GPIN 2407-85-6107) and 12 more particularly described on Exhibit "A" attached hereto (collectively, the 13 "Premises"); 14 15 WHEREAS, Transitions Community Development Corporation 16 ("Transitions") has requested to lease the Premises for non-profit purposes and 17 will perform all required maintenance; 18 19 WHEREAS, Transitions would like to enter into a formal lease with the 20 City for the Premises pursuant to the Summary of Terms attached hereto as 21 Exhibit "B"; and 22 23 WHEREAS, the Premises will be utilized to provide temporary housing for 24 no more than four (4) residents in each house on the Premises at any time and 25 for no other purpose. 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for a term 31 of one year, with the option to renew for four one-year terms, between 32 Transitions and the City, for the Premises in accordance with the Summary of 33 Terms attached hereto and such other terms, conditions or modifications as may 34 be deemed acceptable by the City Manager and in a form deemed satisfactory 35 by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 17th 38 day of March , 2015. APPROVED AS TO LEGAL F I NC,Y AN Q FOT City torn: y CA1 142 2/6/2015 R-1 \\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d023\p019\00174330.doc APPROVED AS TO CONTENT lic Work /Facilitie Management Exhibit "A" Legal Description GPIN: 2407-85-6101 (213 Louisa Avenue) ALL THAT certain tract, piece or parcel of land, located in Oceana Gardens, near Oceana, in the City of Virginia Beach, Virginia, known, numbered and designated as Lots numbered Sixteen (16) and Seventeen (17) in Block Eleven (11) as shown on the Plat of Oceana Gardens, duly recorded in the Clerk's Office of the Circuit Court of the City Of Virginia Beach, Virginia. IT BEING the same property conveyed to the City of Virginia Beach by deed from Joanne S. Ferrell, Trustee of the Joanne S. Ferrell Revocable Trust Declaration under Agreement dated December 7, 1998 and Edith Johanna Smith, Trustee of the Thomas S. Ferrell, Jr. Family Trust and Edith Johanna Smith, Trustee of the Thomas S. Ferrell, Jr. Revocable Trust Agreement dated November 14, 2002, as amended and restated on November 5, 2004 dated October 10, 2013 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20131016001232920. GPIN: 2407-85-6107 (217 Louisa Avenue) ALL THAT certain tract, piece or parcel of land, with the improvements thereon, located in Oceana Gardens, near Oceana, in the City of Virginia Beach, Virginia, known, numbered and designated as Lot numbered Eighteen (18) in Block Eleven (11) as shown on the Plat of Oceana Gardens, duly recorded in the Clerk's Office of the Circuit Court of the City Of Virginia Beach, Virginia in Map Book 3, at page 51. IT BEING the same property conveyed to the City of Virginia Beach by deed from Joanne S. Ferrell, Trustee of the Joanne S. Ferrell Revocable Trust Declaration under Agreement dated December 7, 1998 dated November 20, 2013 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20131121001366060. LESSOR: LESSEE: PREMISES: EXHIBIT B SUMMARY OF TERMS City of Virginia Beach Transitions Community Development Corporation Two residential properties 213 Louisa Avenue (GPIN: 2407-85-6101) 217 Louisa Avenue (GPIN: 2407-85-6107) TERM: March 1, 2015, through February 28, 2016, with four (4) one-year renewal options. The renewal terms are at the City's option. RENT: $1.00 per year per residence RIGHTS AND RESPONSIBILITIES OF LESSEE: • Will use the Premises for a temporary residential facility and for no other purpose. • No more than 4 full-time residents are permitted to reside in each house on the Premises at any time. • Individuals who have sexual offenses or violent crime offenses shall be prohibited. • Shall not modify the Premises without prior approval from the City, except that Lessee shall perform sound attenuation measures and bring property into compliance with City building codes at Lessee's expense within initial year of lease. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability Insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of Its obligations under the Lease. TERMINATION: The City may terminate the Lease upon sixty (60) days' advance written notice. z Th W 0 1) CO 0 c1 0 0 ti 0 0 C1 f u fld W <1 w Omi 1tjg CD J City Properties 4. Item -V-L3a ORDINANCES/RESOLUTIONS -68- ITEM #64666 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and AUTHORIZE major design features and acquisition of temporary/ permanent easements, either by agreement or condemnation: a. Indian River and Kempsville Roads intersection improvements Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None Council Members Abstaining: Vice Mayor Louis R. Jones March 17, 2015 1 AN ORDINANCE TO APPROVE THE MAJOR 2 DESIGN FEATURES AND AUTHORIZE 3 ACQUISITION OF PROPERTY IN FEE SIMPLE 4 FOR RIGHT-OF-WAY FOR INDIAN RIVER 5 ROAD AND KEMPSVILLE ROAD 6 INTERSECTION IMPROVEMENTS PROJECT 7 CIP 2-418 AND THE ACQUISITION OF 8 TEMPORARY AND PERMANENT 9 EASEMENTS, EITHER BY AGREEMENT OR 10 CONDEMNATION 11 12 13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 14 public necessity exists for the construction of this important roadway project to improve 15 transportation within the City and for other related public purposes for the preservation of 16 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 17 people in the City of Virginia Beach. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 Section 1. That the City Council approves the major design features and authorizes 23 the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., 24 Sections 33.2-1007, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of 25 all that certain real property in fee simple, including temporary and permanent easements 26 and entire tracts upon which such rights-of-way or easements shall be located, within the 27 limitations and conditions of Section 33.2-1007 of the Code of Virginia of 1950, as 28 amended (the "Property"), as shown on the plans entitled "INDIAN RIVER ROAD AND 29 KEMPSVILLE ROAD INTERSECTION IMPROVEMENTS C.I.P. 2-418.000," (the "Project") 30 and more specifically described on the acquisition plats for the Project (plats and plans 31 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 32 Department of Public Works, City of Virginia Beach, Virginia. 33 34 Section 2. That the City Manager is hereby authorized to make or cause to be 35 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 36 reasonable offer to the owners or persons having an interest in said Property. If refused, 37 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 tday of 40 March , 2015. CA12561 PREPARED: 1/20/2015 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d021 \p018\00179598.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ORKS/REAL ESTATE N;\) CITY A ORNEY E a) sville\Indian Riv 0 ort Services Bureau 01/23/2 O. 7 0) LOUIS R. JONES VICE MAYOR Refer to File No. 0054100 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Vii gii is I ,*each March 17, 2015 PHONE: (757) 583-0177 FAX: (757) 588-4659 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the Ordinance to Approve the Major Design Features and Authorize Acquisition of Property in Fee Simple for Right -of -Way for Indian River Road and Kempsville Road Intersection Improvements Project CIP 2-418 and the Acquisition of Temporary and Permanent Easements, Either by Agreement or Condemnation. 2. I own land located at 1453 Kempsville Road that may be impacted by the project. 3. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters are located at 8464 Tidewater Drive, Norfolk, Virginia. Hollomon-Brown Funeral Home, Inc. owns property that may be impacted by the project and is located at 1461 Kempsville Road and 1485 Kempsville Road. 4. Although the City Attorney has advised me that the Conflict of Interests Act allows me to participate in this transaction as a member of a group upon 1008 WITCH POINT TRAIL, VIRGINIA BEACH, VA 23455-5645 Mrs. Ruth Hodges Fraser -2- March 17, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) disclosure of my interest, I nevertheless wish to abstain from voting on this matter. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. LRJ/RRI P Item-V-I.3b ORDINANCES/RESOLUTIONS -69- ITEM #64667 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT and AUTHORIZE major design features and acquisition of temporary/ permanent easements, either by agreement or condemnation: b. Witchduck Road — Phase II Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 1 AN ORDINANCE TO APPROVE THE MAJOR 2 DESIGN FEATURES AND AUTHORIZE THE 3 ACQUISITION OF PROPERTY IN FEE SIMPLE FOR 4 RIGHT-OF-WAY FOR WITCHDUCK ROAD — PHASE 5 II PROJECT, CIP 2-025, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council approves the major design features and authorizes 19 the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., 20 Sections 33.2-1007, et seq., and Title 25.1 of the Code of Virginia of 1950, as amended, of 21 all that certain real property in fee simple, including temporary and permanent easements 22 and entire tracts upon which such rights-of-way or easements shall be located, within the 23 limitations and conditions of Section 33.2-1007 of the Code of Virginia of 1950, as 24 amended (the "Property"), as shown on the plans entitled "WITCHDUCK ROAD — 6 LANES 25 CIP NO. 2-025," (the "Project") and more specifically described on the acquisition plats for 26 the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file 27 in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 gray of 35 March , 2015. CA13197 PREPARED: 1/23/2015 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d026\p018\00180400.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC ORKS/REAL ESTATE CI ' T TO X:\CADD\Projects 419n, w —J Item-V-I.4a/b/c/d/e/f/g/h/i ORDINANCES/RESOLUTIONS -70- ITEM #64668 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Revised Ordinance to GRANT Open Air Cafe Franchises: Voting: a. b. c. d. e. f h. i. Albie's Pizza Black Angus Catch 31 Dough Boy's Lagerheads Cafe Lagerheads Cafe Marriott Courtyard Rockfish Cafe Chix Cafe 11-0 *** Council Members Voting Aye: Atlantic Avenue Side Street Cafe Atlantic Avenue Sidewalk Cafe Boardwalk Cafe Atlantic Avenue Sidewalk Cafe Connector Park Cafe Boardwalk Cafe Boardwalk Cafe Connector Park Cafe Boardwalk Cafe 5 years 5 years 5 years 5 years 5 years 5 years 5 years 5 years 1 year M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, ***Mayor William D. Sessoms, Jr., ***John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None **Item #L 4c/e/f/i The applicants have advised Dixon Hughes Goodman prepares tax returns with respect to these cafes. Council Lady Wilson DISCLOSED she receives retirement income from Dixon Hughes Goodman as a result of her late husband's employment by the Company and, as she does not personally provide services to the applicant, she can participate without restriction in Council's discussion of, and vote on, the application and the ordinance, upon disclosure of this interest. ***Item #I.4i Mayor Sessoms and Councilman Uhrin ABSTAINED making the Vote 9-0 March 17, 2015 REVISED VERSION 1 AN ORDINANCE GRANTING NINE 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one - 10 year terms; and 11 12 WHEREAS, if an open air cafe is successfully operated during the initial one - 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following eight entities have successfully operated open air cafes 17 pursuant to either one-year or five-year franchise agreements, and are seeking renewal 18 of their franchise agreements for five-year terms: (1) Calabrese Management Group, 19 Inc., t/a Albie's Pizza Cafe, for operation of an Atlantic Avenue Side Street Cafe; (2) 20 A.C.A. Corporation, t/a Black Angus Cafe, for operation of an Atlantic Avenue Sidewalk 21 Cafe; (3) Thirty -First Street, L.C., t/a Catch 31, for operation of a Boardwalk Cafe; (4) 22 Virginia George Company, t/a Dough Boy's Cafe, for operation of an Atlantic Avenue 23 Sidewalk Cafe; (5) Gold Key/PHR Food Services, LLC, t/a Lagerheads Cafe, for 24 operation of a Connector Park Cafe; (6) Gold Key/PHR Food Services, LLC, t/a 25 Lagerheads Cafe, for operation of a Boardwalk Cafe; (7) Crestline Hotels & Resorts, 26 LLC, t/a Marriott Courtyard Cafe, for operation of a Boardwalk Cafe; and (8) Rockfish 27 Sea Grill, LLC, t/a Rockfish Cafe, for operation of a Connector Park Cafe; and 28 29 WHEREAS, the following entity is seeking a one-year franchise agreement: (1) 30 Chix Sea Grille, LLC, t/a Chix Cafe, for operation of a Boardwalk Cafe; and 31 32 WHEREAS, the Strategic Growth Area Office recommends that the above - 33 named entities be granted open air cafe franchise agreements. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH: 37 38 That the City Council hereby grants five-year franchise agreements to: (1) 39 Calabrese Management Group, Inc., t/a Albie's Pizza Cafe, for operation of an Atlantic 40 Avenue Side Street Cafe; (2) A.C.A. Corporation, t/a Black Angus Cafe, for operation of 41 an Atlantic Avenue Sidewalk Cafe; (3) Thirty -First Street, L.C., t/a Catch 31, for 42 operation of a Boardwalk Cafe; (4) Virginia George Company, t/a Dough Boy's Cafe, for 43 operation of an Atlantic Avenue Sidewalk Cafe; (5) Gold Key/PHR Food Services, LLC, 44 t/a Lagerheads Cafe, for operation of a Connector Park Cafe; (6) Gold Key/PHR Food 45 Services, LLC, t/a Lagerheads Cafe, for operation of a Boardwalk Cafe; (7) Crestline 46 Hotels & Resorts, LLC, t/a Marriott Courtyard Cafe, for operation of a Boardwalk Cafe; 47 and (8) Rockfish Sea Grill, LLC, t/a Rockfish Cafe, for operation of a Connector Park 48 Cafe. 49 50 That the City Council hereby grants a one-year franchise agreement to Chix Sea 51 Grille, LLC, t/a Chix Cafe, for operation of a Boardwalk Cafe. Adopted by the City Council of Virginia Beach, Virginia on this 17th day of March , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Off CA13266 R-3 March 17, 2015 CAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property; Franchises; License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. APPLICANT DISCLOSURE If the Applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the Applicant name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) r C'�r/ad.vQse /law g e/ -7t zt Avup --/7e. ,4 a 795x to 20 ? s 4- 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) ❑ Check here if the Applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is diferent from Applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) CE AN NdRt WN Mit-4M-5? GC wiwpfizs. NPL 0. 10 Ss(R / Nagy- /11. f�A 3S(2 Page 1 of 4 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) ,1/14 ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organisation. 1 & 2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No ❑ et Accounting ❑ Architect ❑ Contract Purchaser (other than Applicant) (identify purchaser and purchaser's service providers) ❑ jB" Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) O ZSI Construction Contractor ❑ % Engineer/Surveyor O Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Firnn/Individual Page 2 of 4 property) ,8 Legal Services ❑ .2{ Real Estate Brokers/Agents for current and anticipated future sales of the subject property 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? Yes If yes, what is the name of the official or employee and the nature of the interest? 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. All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council Meeting relating to the application. ❑ No changes as of ID Revisions: (date) (date) CERTIFICATION: 1 certify that the information contained herein is complete. true and accurate. ! understand that I am responsible for updating the information provided herein two weeks prior to the City Council meeting. App -nfs Signature 4gten 7o/7S4-7 03✓or/.s Print Name Date * u ,MAW HcRr� PRo J1 ju �rro�r cm) Pro Owner's Sign ure (if different than Applicant) Print Name Date Page 3 of 4 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Page 4 of 4 CAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property; Franchises; License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. APPLICANT DISCLOSURE If the Applicant is a corporation, partnership, fn n, business, or other unincorporated organization, complete the following: 1. List the Applicant name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) e'6►66 pl.z u . SAV v .0e3 f NU.rkc Scwu, o'a,j__ ,50,..) s 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) litrt` UG (lJejrt JT*Je— y. 41r-;u4Ia Or(s:J.as LLL ❑ Check here if the Applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ifproperty owner- is different from Applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all ofi`s • - rs, members, trustees, partners, etc. below: (Attach list if neces Page 1 of 4 2. List all businesses that have a parent-subsidiaryr or affiliated business entityr • relationship with the Property Owner: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Finn/Individual ❑ pg Accounting ❑ 11.1 Architect l� O Contract Purchaser (other than Applicant) (identify purchaser and purchaser's service providers) ❑ Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractor ❑ 1 Engineer/Surveyor ❑ JZ9 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 property) ❑ $ Legal Services ❑ lift Real Estate Brokers/Agents for current and anticipated future sales of the subject property 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? Yes Pc No If yes, what is the name of the officiaal or employee and the nature of the interest? 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. All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council Meeting relating to the application. ❑ No changes as of ;date) d Revisions: (date) CERTIFICATION: 1 certify that the information contained herein is complete, true and accurate. 1 understand that 1 am responsible for updating the information provided herein two weeks prior to the City Council meeting. Print Name ,Date � r,7 6-1°71 3A/1j than Applicant} Print Name Date Page 3 of 4 CAFe FRANCHISE Piag This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment; Street Closure; Acquisition d on of Property; Disposition of City Property;y; any other matters before of City Property; Franchises, License Agreements and Planning Commission andior City Council having to do with real estate or the development of property in the City of Virginia Beach. APPLICANT DISCLOSURE If the Applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following,: 1. Lisp the Applicant name followed by the nares of all officers, directors, members, trustees, p • ► ers etc. ► elow: (Attach list if necesscoy) 2. List all businesses that have a parent subsidiaryt or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) •o icJ . e 'Pl1 Ser vi es [ Check here lithe Applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this secti©n only if property °wrier is different from Applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 5 some - Page 1 of 4 2. List all businesses that have a parennt subsidiarylr dated) business entityz relationship with the Property Owner: (Attach listf [❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See page 4 for footnotes SE CE DISCLOSIJ Answer whether the following services are being provided in connection with the subject ofthe application and identify each provider: Yes No 0 T Accounting Architect la Contract Purchaser (other than Applicant) (iden'tif'y purchaser and purchaser's service providers) ® t Any other pending or proposed purchaser ofthe subject property (identify purchaser(s) and purchaser's service providers) p tit' Construction Contractor p EngineerfSurveyar 0 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or constriction of the Page 2 of 4 Firm/Individual property) ❑ Legal Services Fr Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beaoh have an interest in the subject land or any proposed development contingen on the subject public action? Yes No 1-f yes, what is the name of the official or employee and the nature of the interest? The disclosures contained hi 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. All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council Meeting relating to the application. No changes as of & l/ <- i (date) El Revisions: (date) CERTIFICATION: I certify that the information contained herein is Complete, true and accurate. i understand that i am responsible for updating the information provided herein two weeks prior to the City Council meeting. Applicant's Signature Print Name Date h6_i.J,, % ae Property mar's Signature (if different than Applicant) Print Name Date Page 3 of 4 �� jar Thirty -First Street, LC VA Catch 31 TF1, LLC VADARE, LLC WM3 Investments, LLC Affiliates Gold Key PHR Food Services, LLC t/a Cavalier Food & Beverage Gold Key PHR Food Services, LLCt/a Lagerheads Gold Key PHR Food Services, LLC t/a Tortugas Rockfish Sea Grill, LLC Thirty -First. St, LC t/a Catch 31 Mahi Mahs Sushi Bar & Saloon CAF'e FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property; Franchises; License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. APPLICANT DLSCLOSURE If the Applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: I. List the Applicant name followed by the names of all officers, directors, members, trustees, partners, e . below: (Attach list if necess / Vfr 1/tcl � 2„‘pan`N 1Jelich S ? �' / CiP�S J !` tis/o(6)74 f CWT' d 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the Applicant: (Attach list :f necessary) Check here if the Applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is djerent from Applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) l3o4rel 1 / P( V e''7're f Sl—e0 A Aiv /-i . G D r d ON /fir c.r, '� .�.y"_ %% c. r sTh Page 1 of 4 2. List all businesses that have a parent -subsidiary' or affiliated business entity' relationship with the Property Owner: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual O l7' Accounting El 1:1/ Architect O Ll( Contract Purchaser (other than Applicant) (identify purchaser and purchaser's service providers) O GL'' Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 3 Construction Contractor O V Engineer/Surveyor O Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 ProPertY) ❑ i' Legal Services ❑ le Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Vir ' is Beach have an interest in the subject land or any proposed development contingent o e subject public action? Yes If yes, what is the name of the official or employee and the nature of the interest? 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. All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council Meeting relating to the application. Q No changes as of (date) O Revisions: (date) CERTIFICATION: f certify that the information contained herein is complete. true and accurate. t understand that t am responsible for updating the information provided herein two weeks prior to the City Council meeting. hk6/- Apphcant.SigQatu - r' ` rint Name Date F -c r . '�- ..5,1-44)", 4. 60 r d a Property Owners Signature (if different than Applicant) Print Mame 3/3/, r Date Page 3 of 4 CAre FRANCHISE Dt SCLOSURE STA.TEMEff This fonu is required for the following applications: Rezoning; Conditional Use Penult; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property; Franchises; License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia peach. APPLICANT DISCLOSURE If the Applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the Applicant name followed by the names of all officers, directors, members, true partn-e etc. below: ( track list fne�cessary) g, : `7►zc � Ked e 2. List all businesses that have a parent -subsidiary) or affiliated business entity relationship with the Applicant (Attach list if necessary) (00- A-7-74/40 • Q Check Dere if the Applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from Applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following. 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 04-te4, al/ (See pe, s Page 1 of 4 2. List all businesses that have a parent s �� i h i t affiliated business siness entit? relationship with the Property Owner: (� Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization, 1 & 2 See page 4 for footnotes 5_16MBITE DiSCL4St7RE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No 0' tif tJ 0 Accounting Architect Contract Purchaser (other than Applicant) (identify purchaser and purchaser's service providers) Any other pending or proposed purchaser of the subjeetproperty (identify purchaser(s) and purchaser's service providers) Construction Contractor ngineer/Surveyor Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Firm/Individual Page 2 of 4 property) Legal Services Real Estate Brokers/Agents for current and anticipated future sales of the subject property 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? Yes No if yes, what is the name of the official or employee and the nature of the interest? 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. All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council Meeting relating to the application, El No changes as of d Revisions: (date) (date) CERTIFICATION: 1 certify that the information coantalned herein is information Complete, ite1 true hereindtwo accurate. 1 understand that t am responsible forg weeks prior to the City Council meeting. Applicants Signature Print Name Property Owner's Signature (if different than Applicant) Print Name Date Page 3 of 4 Gold Key PHR Food Services, LLC T/A Lagerheads WM! Investments, LLC Heritage Investments, LLC Gateway Towers Associates, LLC Thompson Family Investments, LLC VADARE, LLC Gateway investments, LLC VADARE, LLC WM! Investments, LLC Thompson Family Investments Gateway Tower Associates Affiliates Gold Key PHR Food Services, LLC t/a Cavalier Food & Beverage Gold Key PHR Food Services, LLC t/a Lagerheads Gold Key PHR Food Services, LLC t/aTortugas Rockfish Sea Grill, LLC Thirty -First St, LC t/a Catch 31 Mehl Mahs Sushi Bar & Saloon CAP* FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property; Franchises; License Agreements and any other matters before Planning Commission andfor City Couaall having to do with real estate or the development of property in the City of Virginia Doh. APPLICANT DISCLOSURE If the Applicant is a corporation, partnership, from, business, or other unincorporated organization, complete the following: 1. List the Applicant name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list (fnecessary) Crestline Hotels & Resorts, LLC, d/b/a Courtyard Virginia Beach Oceanfront South James A. Carroll - President & CEO Pierre H. Donahue - EVP & Secretary 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the Applicant: (Attach list f necessary) ❑ Check here if the Applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner it diftrent from Applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Apple Eight Hospitality Ownership Inc. David Buckley - Vice President Page 1 of 4 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) Apple Eight Hospitality Management, Inc. Affiliated entity & operating lessee of property ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 &2 See page 4 for footnotes ,SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual O 13 Accounting ❑ l i Architect O E Contract Purchaser (other than Applicant) (identify purchaser and purchaser's service providers) D 0 Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) O D Construction Contractor D ❑ Engineer/Surveyor O 0 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 property) ❑ C Legal Services ❑ UI Real Estate Brokers/Agents for current and anticipated future sales of the subject property 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? Yes xx No If yes, what is the name of the official or employee and the nature of the interest? 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. All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council Meeting relating to the application, O No changes as of (date) d Revisions: (date) CERTIFICATION: ! certify that the information contained herein is complete, true and accurate. t understand that l am responsible for updating the Information provided herein two weeks prior to the City Council meeting. Pierre M. Donahue Print Name Date David Buckley s Signatu afferent than Applicant) Print Name Date Page 3 of 4 C,Af a FRANCHISE DISCLOSURE 'TATE!!i NT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property; Franchises; License Agreements and any other matters before Planning Commission and/or City Conned having to do with real estate or the development of property in the City of Virginia Beath. APPLICANT DISCLOSURE if the Applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the Applicant name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) 12- - s G -t LL I Luc. ct6 *i-tikekteitS) List all businesses that have a parent-subsidiary) or affiliated business entity relationship with the Applicant: (Attach list if necessary) r 0 Check here if the Applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is deferent frorn Applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 4 Page 1 of 4 2. List all businesses that have a parent subsidiary' or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) j Oitsr ® Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No O It Accounting 0 at Architect (� tik Contract Purchaser (other than Applicant) (identify purchaser and purchaser's service providers) ❑ 61 Any other pending or proposed purchaser of the subjeet property (identify purchaser(s) and purchaser's service providers) O Ill Construction Contractor © Engineer/Surveyor O Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Finn/Individual Page 2 of 4 property) ❑ la, Legal Services ❑ • Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent the subject public action? Yes No If yes, what is the name of the official or employee and the nature of the interest? 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. All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council Meeting relating to the application, No changes as of d Revisions: S t (date) (date) CEt TIFICATI1 N: i certify that the information contained herein is Complete, true and accurate. 1 understand that -I am responsible for updating the information provided herein two weeks prior to the City Council meeting. "," 0, °• Applica r s Si • `. ,. r� w j'"ei Pro arty awn=r's Signet different than Applicant) 14 -PA/ daKtkiaet.. Vec Print Name plat Page 3 of 4 ? 1 Print ame Date • 61/ Rockfish , LLC Partners Kimberly Midgett Charles 1 Sass Jim P MCallister John L. & Camela Houser Jr. Michael Poch Mark D Rondeau Thomas G Griffin Michael 11 Levison Robert NI Howard Edmund C Ruffin Heritage Investments, LLC OBC, LLC BQTS Associates, Inc. Michael Levinson Edmund C Ruffin Michael Poch Bruce LThompson Affiliates Gold Key PHR Food Services, LLC t/a Cavalier Food & Beverage Gold Key PHR Food Services, LLC t/a Lagerheads Gold Key PHR Food Services, LLC t/a Tortugas Rockfish Sea Grill, LLC Thirty -First St, LC t/a Catch 31 Mahi Mahs Sushi Bar & Saloon CAFe FRANCHISE DISCLOSURE STATEMENT This form is required for the following applications: Rezoning; Conditional Use Permit; Encroachment; Street Closure; Acquisition of City Property; Disposition of City Property; Lease of City Property; Franchises; License Agreements and any other matters before Planning Commission and/or City Council having to do with real estate or the development of property in the City of Virginia Beach. APPLICANT DISCLOSURE lithe Applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the Applicant name followed by the narnes of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) NTh 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) ❑ Check here if the Applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from Applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) i\r) 1- 'Al LA-C._ Page 1 of 4 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the Property Owner: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. I & 2 See page 4 for footnotes SERVICES DISCLOSURE Answer whether the following services are being provided in connection with the subject of the application and identify each provider: Yes No Firm/Individual 0 Accounting Q(3. ❑ gt1 Architect O Pi Contract Purchaser (other than Applicant) (identify purchaser and purchaser's service providers) O Ft Any other pending or proposed purchaser of the subject property (identify purchasers) and purchaser's service providers) ❑ El Construction Contractor ❑ ,0 Engineer/Surveyor J ❑ Financing (include current '"V:1rhe- mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the Page 2 of 4 Property) Legal Services Real Estate Brokers/Agents for current and anticipated future sales of the subject property Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingen the subject public action? Yes No If yes, what is the name of the official or employee and the nature of the interest? 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. All disclosures must be updated two (2) weeks prior to any Planning Commission and City Counj it Meeting relating to the apprcation. No changes as of 3 'Mks' O Revisions: (date) (date) CERTIFICATION: t certify that the information contained herein is complete, true and accurate. t understand that ! am responsible for updating the information provided herein two weeks prior to the City Council meeting. /7) ,k. 5Aiglir- Prigtan,erne ,HiL ,P/c1-i A4,9 -a6 a Property • -rs Signaturedifferent than Applicant) Print Name Date Page 3 of 4 ROSEMARY WILSON COUNCIL LADY - AT -LARGE In Reply Refer to 0054340 City of Virginia Beach March 17, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I) Dear Mrs. Fraser: VBgov.com PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to grant franchise agreements for open air cafes. Two of the franchises are for Gold Key/PHR Food Services, LLC, trading as Lagerheads Cafe, for operation of a Connector Park Cafe and a Boardwalk Cafe. A third franchise is for Thirty -First Street, L.C., trading as Catch 31, for operation of an Atlantic Avenue Sidewalk Cafe. 2. The applicants have advised that Dixon Hughes Goodman prepares tax returns with respect to the cafes. 3. I have a personal interest in this transaction because I receive retirement income from Dixon Hughes Goodman as a result of my late husband's employment by the company. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- March 17, 2015 provides that I may participate without restriction in Council's discussion of, and vote on, the application and the ordinance, upon disclosure of this interest. 5. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. on Councilmember RAW/RRI P ROSEMARY WILSON COUNCIL LADY - AT -LARGE In Reply Refer to 0054339 City of Vir-ii-iia Beach March 17, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 VBgov.com PHONE: (757) 422-0733 FAX: (757) 385-5669 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to grant franchise agreements for open air cafes. One of the franchises is for Chix Sea Grille, LLC, trading as Chix Cafe, for operation of a Boardwalk Cafe. 2. The application identifies Dixon Hughes Goodman as a business providing services with respect to the cafe. 3. I have a personal interest in this transaction because I receive retirement income from Dixon Hughes Goodman as a result of my late husband's employment by the company. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate without restriction in Council's discussion of, and vote on, the application and the ordinance, upon disclosure of this interest. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 I Mrs. Ruth Hodges Fraser -2- March 17, 2015 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I) 5. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/RRI WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0054341 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach March 17, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to grant franchise agreements for open air cafes. One of the franchises is for Chix Sea Grille, LLC, trading as Chix Cafe, for operation of a Boardwalk Cafe. 2. The applicant has disclosed that TowneBank is a financial service provider with respect to the cafe. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. P Mrs. Ruth Hodges Fraser -2- March 17, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, , William D. Sessoms Mayor WDS/RRI JOHN E. UHRIN COUNCILMAN - DISTRICT 6 - BEACH In Reply Refer to 0054338 City of VI r- Beach March 17, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) VBgov.com PHONE: (757) 200-7005 JUHRIN@VBGOV.COM Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to grant franchise agreements for open air cafes. One of the franchises is for Chix Sea Grille, LLC, trading as Chix Cafe, for operation of a Boardwalk Cafe. 2. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. 3. The principal of Burlage Management Corporation is a former owner of the cafe, having sold the same within the last sixty days. Although the principal of Burlage Management Corporation no longer has a financial interest in the cafe, I nevertheless wish to disclose this former interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- March 17, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerel JEU/RRI S,,( . Uhrin ouncilmember Item -V-L5a ORDINANCES/RESOLUTIONS -71- ITEM #64669 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Urban Maintenance payments for: a. Additional streets Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 3.00 (Local/Collector) lane miles and 18.90 (Arterial) lane miles 10 of streets listed on Exhibit A (attached) have been constructed in accordance with 11 standards established by the Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of March , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department �, ' ublic Works CA13293 R-1 March 2, 2015 C' r 's yOffice Exhibit A - New Streets City of Virginia Beach Public Works / Operations Street Type LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL LOCAL STREET FROM TO LANE MILES Street Type AVA WY BRIDLE WY BRIDLE WY BRUSH CREEK LA KINDNESS CT PATIENCE PL SEABOARD RD SWEETWATER CT TWIN FERN CT VINE CT WISDOM AR STREET N DEAD END W DEAD END INDIAN RIVER RD E CUL DE SAC INDIAN RIVER RD N CUL DE SAC LONDON BRIDGE RD (SB) S CUL-DE-SAC AVA WY W CUL-DE-SAC DAM NECK (WB) WISDOM AR SMOKEHOUSE RD NIMMO PW (WB) GOOSE CREEK RD E CUL DE SAC BONNEY RD (WB) S CUL DE SAC S LYNNHAVEN RD (NB) E CUL-DE-SAC W DEAD END S DEAD END 0.50 0.40 0.26 0.70 0.16 0.08 0.22 0.30 0.08 0.10 0.20 FROM Total Lane Miles of LOCAL streets : TO 3.00 LANE MILES URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL NIMMO PW (EB) NIMMO PW (EB) NIMMO PW (EB) NIMMO PW (EB) NIMMO PW (EB) NIMMO PW (EB) NIMMO PW (EB) NIMMO PW (WB) NIMMO PW (WB) NIMMO PW (WB) NIMMO PW (WB) NIMMO PW (WB) NIMMO PW (WB) NIMMO PW (WB) PRINCESS ANNE RD (NB) PRINCESS ANNE RD (NB) PRINCESS ANNE RD (NB) PRINCESS ANNE RD (NB) PRINCESS ANNE RD (NB) PRINCESS ANNE RD (NB) PRINCESS ANNE RD (NB) PRINCESS ANNE RD (NB) END NIMMO PW (EB) BIG BRIDG END NIMMO PW (EB) SMALL BRI rsnu HOLLAND RD (NB) ROCKINGCHAIR LA SEABOARD RD START NIMMO PW (EB) BIG BRI START NIMMO PW (EB) SMALL B n rrInc END NIMMO PW (WB) BIG BRID nu END NIMMO PW (WB) SMALL BR wino HOLLAND RD (NB) ROCKINGCHAIR LA SEABOARD RD START NIMMO PW (WB) BIG BRI r.nc START NIMMO PW (WB) SMALL ooTnnc CURRY COMB LANDSTOWN CENTRE WY NIMMO NIMMO PW (EB) START MEDIAN START MEDIAN START MEDIAN TOURNAMENT START NIMMO PW (EB) SMALL BR rrinc SEABOARD RD START NIMMO PW (EB) BIG BRIDG ROMAN DR ROCKINGCHAIR LA END NIMMO PW (EB) BIG BRIDGE END NIMMO PW (EB) SMALL BRID nu HOLLAND RD (NB) START NIMMO PW (WB) BIG BRID nu PRINCESS ANNE RD (NB) SEABOARD RD START NIMMO PW (WB) SMALL B n mnc END NIMMO PW (WB) BIG BRIDGE END NIMMO PW (WB) SMALL BRI TOURNAMENT DAM NECK RD (WB) CURRY COMB START MEDIAN NIMMO PW (EB) WINTERBERRY WINTERBERRY END MEDIAN 0.68 0.40 0.90 0.98 0.38 0.42 0.10 0.90 0.70 0.96 0.38 0.38 0.42 0.10 0.48 1.16 0.68 0.18 0.16 0.00 1.34 0.70 Wednesday, February 25, 2015 Page 1 of 2 Street Type URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL STREET PRINCESS ANNE RD (NB) PRINCESS ANNE RD (SB) PRINCESS ANNE RD (SB) PRINCESS ANNE RD (SB) PRINCESS ANNE RD (SB) PRINCESS ANNE RD (SB) PRINCESS ANNE RD (SB) PRINCESS ANNE RD (SB) FROM TO WINTERBERRY LANDSTOWN CENTRE WY CURRY COMB CT NIMMO PW (WB) DAM NECK RD (EB) LANDSTOWN CENTRE WY LANDSTOWN CENTRE WY WINTERBERRY LA NIMMO PW (WB) END MEDIAN START MEDIAN TOURNAMENT DR TOURNAMENT DR CURRY COMB CT WINTERBERRY LA TOURNAMENT Total Lane Miles of URBAN MINOR ARTERIAL streets : Total Lane Miles of New Street : LANE MILES 0.78 0.70 0.84 0.78 0.18 0.70 0.48 2.04 18.90 21.90 Wednesday, February 25, 2015 Page 2 of 2 Item -V-L 5b ORDINANCES/RESOLUTIONS -72- ITEM #64670 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Urban Maintenance payments for: b. Corrections and deletions to the road inventory Voting.' 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION ACCEPT 3 CORRECTIONS AND DELETIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 0.12 (Local/Collector) lane miles. 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by 26 reference, and to begin paying urban maintenance payments to the City of Virginia 27 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t aay of March , 2015. APPROVED AS TO CONTENT: Departme • f Public Works CA13292 R-1 March 2, 2015 APPROVED AS TO LEGAL SUFFICIENCY: i y Attorney's Office Exhibit B - Changes City of Virginia Beach Public Works / Operations Additions/Re • laced deletions Street Type STREET LOCAL ST LUKES ST LOCAL ST MARTIN CT LOCAL ST MARTIN DR LOCAL STAR GRASS RD LOCAL STAR LAKE DR LOCAL STATE CT LOCAL STILL HARBOR LN LOCAL STONECYPHER CT LOCAL STORM BIRD LP LOCAL SUNNY CI LOCAL SYDENHAM TL LOCAL SYLVAN LN LOCAL TABLE ROCK CT LOCAL TALDAN AV LOCAL TALDAN CT LOCAL TALL PINES CT LOCAL TAMARA CT LOCAL TAYLORS POINT RD LOCAL TENDRIL LAST LOCAL TERRAZZO TR LOCAL TRIO LA LOCAL TWAIN LA FROM TO ST JAMES DR W DEAD END ST MARTIN DR E CUL DE SAC ST JAMES CI PEMBROKE BLVD QUAIL POINTE CV W CUL DE SAC ENCHANTED FOREST LA MIRROR LAKE DR STATE ST CUL DE SAC QUARRY LN DEAD END WESTERLY DR N CUL DE SAC STORM BIRD LP N CUL DE SAC ATHENS BLVD CUL DE SAC PLEASANT VALLEY RD CUL DE SAC WENDFIELD DR E CUL DE SAC TABLE ROCK RD W CUL DE SAC BROAD ST FLORAL ST FLORAL ST CUL DE SAC TALL PINES BEND S CUL DE SAC LOMBARD DR W CUL DE SAC DUKE OF WINDSOR RD CUL DE SAC QUARTERPATH GATE W CUL DE SAC SILINA DR DILLION DR OLD KIRKWOOD DR KENSINGTON ST PRISCILLA LA HAYGOOD RD LANE MILES 0.16 0.10 0.54 0.26 0.28 0.06 0.16 0.20 1.18 0.06 0.46 0.40 0.12 0.52 0.06 0.04 0.08 0.22 0.26 1.36 0.34 0.28 Total Lane Miles of LOCAL streets : 7.14 Total Lane Miles of Additions/Replaced deletions : 7.14 Wednesday, February 25, 2015 Page 1 of 2 Deletions/To be re. laced Street Type STREET LOCAL ST LUKES ST LOCAL ST MARTINS CT LOCAL ST MARTINS DR LOCAL STARLAKE DR LOCAL STARR GRASS RD LOCAL STATE CI LOCAL STILLHARBOR LN LOCAL STONECYPHER CT LOCAL STORM BRID LP LOCAL SUNNY CI LOCAL SYDENHAM CT LOCAL SYLVAN LN LOCAL TABLE ROCK CT LOCAL TALDEN AV LOCAL TALDEN CT LOCAL TALL PINES CT LOCAL TAMARA CT LOCAL TAYLOR POINT RD LOCAL TENDRIL LAST LOCAL TERRAZO TR LOCAL TRIO LA LOCAL TWAIN LA FROM TO ST MARKS RD ST JAMES DR ST MARTINS CT CUL-DE-SAC ST JAMES DR PEMBROKE BLVD ENCHANTED FORREST LA MIRROR LAKE DR QUAIL POINT CV W CUL-DE-SAC STATE ST CUL-DE-SAC QUARRY LA DEAD END WESTERLY DR WESTERLY DR STORM BIRD LP CUL-DE-SAC ATHENS BLVD CUL-DE-SAC PLEASANT VALLEY ROAD CUL-DE-SAC WINDFIELD DR WEST SOUTH TO CUL-DE-SAC TABLE ROCK RD W TABLE ROCK RD BROAD ST NORTH CUL-DE-SAC FLORAL ST CUL-DE-SAC TALL PINES RD CUL-DE-SAC LUMBARD DR CUL-DE-SAC DUKE OF WINDSOR RD CUL-DE-SAC QUARTERPATH GATE QUARTERPATH GATE SILINA DR 1635 DILLON DR OLD KIRKWOOD DR KENSINGTON ST MILES STANDISH RD HAYGOOD RD. LANE MILES -0.12 -0.10 -0.54 -0.28 -0.26 -0.06 -0.16 -0.20 -1.18 -0.14 -0.46 -0.40 -0.12 -0.58 -0.06 -0.04 -0.08 -0.12 -0.26 -1.36 -0.22 -0.28 Total Lane Miles of LOCAL streets : -7.02 Total Lane Miles of Deletions/To be replaced : -7.02 Wednesday, February 25, 2015 Page 2 of 2 Item-V-I.6a/b ORDINANCES/RESOLUTIONS -73- ITEM #64671 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution re the Virginia Beach Community Policy and Management Team (CPMT): a. City Manager or Designee to serve as Fiscal Agent to administer CSA funds b. City Auditor to annually audit the total revenues Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 1 2 A RESOLUTION REGARDING THE CITY OF VIRGINIA BEACH COMMUNITY POLICY AND MANAGEMENT TEAM 3 WHEREAS, the 1992 Virginia General Assembly enacted The Comprehensive 4 Services Act for At -Risk Youth and Families ("CSA") to create a coordinated system of 5 services and funding to meet the needs of troubled youth and their families and at -risk 6 children; 7 8 WHEREAS, also in 1992, the City Council by resolution established the City of 9 Virginia Beach Community Policy and Management Team to receive CSA funds and 10 implement the mandates of the CSA; 11 12 WHEREAS, the 1992 resolution also designated and approved a Fiscal Agent to 13 administer CSA funds; and 14 15 WHEREAS, a revised resolution regarding the Community Policy and 16 Management Team is needed given changes in state law and the structure of the City. 17 18 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH: 20 That the City of Virginia Beach Community Policy and Management Team for 21 Implementation of the Comprehensive Services Act for At -Risk Youth and Families 22 ("CPMT") shall have the powers and duties set forth in Virginia Code Section 2.2-5206 23 and shall report to the City Council through the City Manager; 24 The Team shall be comprised of: 25 • An elected official or appointed official or designee of the City Council; 26 • The agency heads or designees (who shall be authorized to make policy 27 and funding decisions for their agencies) of the following entities: the 28 Virginia Beach Community Services Board, the Juvenile Court Services 29 Unit, the Department of Public Health, the Department of Human Services 30 (which is the entity that serves as the City's local department of social 31 services), and the Virginia Beach City Public Schools; 32 • A representative of a private organization or association of providers for 33 children's or family services; 34 • A parent representative (provided, however, that a parent representative 35 who is employed by (1) a public or private program that receives CSA 36 funds; (2) an agency listed in the second bullet point above; or (3) an 37 agency represented by an appointee in accordance with the third bullet 38 point above; may only serve as a parent representative if he or she does 39 not, as a part of his or her employment, interact directly on a regular and 40 daily basis with children or supervise employees who interact directly on a 41 daily basis with children; and provided further that, notwithstanding this 42 restriction, a foster parent may serve as a parent representative); 43 The City Council may choose to appoint other members to the CPMT, in addition 44 to the ones required above; 45 Members appointed by City Council shall serve for terms of two (2) years and 46 shall serve no more than two (2) consecutive terms (provided, however, that this 47 restriction does not apply to the agency heads or designees appointed by title as 48 provided for in the second bullet point above); 49 Any person serving on the CPMT who does not represent a public agency shall 50 file a statement of economic interests as set out in § 2.2-3117 of the State and Local 51 Government Conflict of Interests Act (§ 2.2-3100 et seq.). Persons representing public 52 agencies shall file such statements if required to do so pursuant to the State and Local 53 Government Conflict of Interests Act; 54 Persons serving on the CPMT who are parent representatives or who represent 55 private organizations or associations of providers for children's or family services shall 56 abstain from decision-making involving individual cases or agencies in which they have 57 either a personal interest, as defined in § 2.2-3101 of the State and Local Government 58 Conflict of Interests Act, or a fiduciary interest; and 59 The City Attorney's Office shall provide legal services to the CPMT. 60 BE IT FURTHER RESOLVED that the City Manager or his designee shall 61 continue to serve as the designated Fiscal Agent to administer CSA funds as may be 62 received by the City and appropriated by the City Council to the respective agencies. 63 AND BE IT FURTHER RESOLVED that the City Auditor shall annually audit the 64 total revenues of the CPMT and its programs and shall provide the results of such 65 audits to the City Council and the City Manager. 66 Adopted by the Council of the City of Virginia Beach, Virginia on the 17th 67 da March 1 f 015. APPROVED AS TO LEGAL SUFFICIENCY: Human Services City Attorney's Office CA13317 R-2 March 10, 2015 Item -V-I.7 ORDINANCES/RESOLUTIONS -74- ITEM #64672 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to NAME Police marine vessels to memorialize fallen Officers Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 REQUESTED BY COUNCILMEMBER WOOD 1 A RESOLUTION REGARDING THE NAMING OF POLICE 2 VESSELS 3 4 WHEREAS, the City Council recognizes the indispensable service of members of 5 the Virginia Beach Police Department and the ultimate sacrifices of those among its 6 number; 7 8 WHEREAS, in addition to other memorials and acknowledgements of fallen 9 officers, the City Council wishes to further memorialize police officers who have died in 10 service to the citizens of Virginia Beach; 11 12 WHEREAS, the marine vessels and helicopters of the Virginia Beach Police 13 Department are part of the instruments of their service to the City and as such are 14 visible reminders to citizens and visitors alike that police officers are ever on patrol; 15 16 WHEREAS, it is fitting to honor officers who have ended their vigilant watch over 17 the City, whose Neptune -watched shores hold dear our City's nautical traditions, by 18 naming Police marine vessels and helicopters in memory of such officers; and 19 20 WHEREAS, having police boat captains identify their vessels by their memorial 21 designations when communicating with civilian vessels would demonstrate the City's 22 ongoing respect to, and active memory of, those fallen officers. 23 24 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That the City Manager is hereby authorized and directed to have the Chief 28 of Police designate and dedicate marine vessels and helicopters of the Virginia Beach 29 Police Department in memory of fallen officers. 30 31 2. That the City Manager is further hereby authorized and directed to take 32 any steps necessary to ensure that memorial identifications are used by police boat 33 captains when they communicate with civilian vessels. 34 17th 35 Adopted by the City Council of the City of Virginia Beach, Virginia, this 36 day of March , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Officet.—" CA13318 March 11, 2015 R-2 Item -V-I.8 ORDINANCES/RESOLUTIONS -75- ITEM #64673 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to URGE parents whose children are not fully immunized to proceed with vaccinations Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION URGING PARENTS WHOSE CHILDREN 2 ARE NOT FULLY IMMUNIZED TO PROCEED WITH 3 VACCINATIONS 4 5 WHEREAS, vaccines have dramatically reduced the spread of many crippling 6 and potentially life-threatening diseases such as diphtheria, tetanus, measles, mumps, 7 and rubella, and vaccines prevent the spread of commonly infectious and potentially 8 fatal diseases such as chickenpox, influenza, hepatitis A, hepatitis B, meningococcal 9 disease, pneumococcal, rotavirus, and whooping cough; 10 11 WHEREAS, the scientific and medical communities are in overwhelming 12 consensus that vaccines are both effective and safe, and the dissemination of 13 unfounded, and debunked, theories about the dangers of vaccinations pose a great risk 14 to public health; 15 16 WHEREAS, an estimated 43,000 adults and 300 children die annually from 17 vaccine -preventable diseases or their complications in the United States, and the health 18 and livelihood of young children, seniors, individuals with immunodeficiency disorders, 19 and those who cannot be vaccinated is particularly compromised by communities with 20 low vaccination rates; 21 22 WHEREAS, children's vaccination programs provide a high return on investment, 23 and for each birth cohort vaccinated with the routine immunization schedule, society 24 saves 33,000 lives, prevents 14 million cases of disease, reduces direct health care 25 costs by $9.9 billion, and saves $33.4 billion in indirect costs; 26 27 WHEREAS, encouraging high vaccination rates protects our citizens from 28 contracting vaccine -preventable diseases that are pandemic in countries with low 29 vaccination and immunization rates; 30 31 WHEREAS, routine and up-to-date immunization is the most effective method 32 available to prevent the infection and transmission of many potentially fatal diseases; 33 34 WHEREAS, in light of the current measles epidemic progressing across the 35 country, the City's Health Services Advisory Board has strongly recommended that the 36 parents of un- or under -immunized children vaccinate their children to prevent life - 37 threatening illnesses such as measles and pertussis; 38 39 WHEREAS, the Board noted that routine childhood vaccines are safe, have not 40 been linked to autism, and are effective and save lives; 41 42 WHEREAS, the Board advised that for children aged two years, the MMR 43 vaccination rate in Virginia is 88.6%, which is too low to provide significant herd 44 immunity, and only five states have lower immunization rates than Virginia's; 45 46 WHEREAS, the Board further noted that during the last school year, Virginia fell 47 short of the 95 percent target rate for the MMR vaccine for kindergarteners, reporting 48 93.1 percent compliance, and Virginia is also at risk for a measles epidemic, which 49 could be deadly; 50 51 WHEREAS, the Board has urged the City Council, in the interest of public health, 52 to adopt a resolution that would send an important message to the parents of Virginia 53 Beach who have declined or delayed vaccinations for their children; and 54 55 WHEREAS, the Board noted that childhood vaccines can be obtained at most 56 pediatric and family medicine offices and at many pharmacies, and the Virginia Beach 57 Health Department also offers these vaccinations. 58 59 NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY 60 OF VIRGINIA BEACH: 61 62 That the Virginia Beach City Council urges parents of children who are not fully 63 immunized to proceed with vaccinations in order to protect their own children as well as 64 others. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of March 2015. APPROVED AS TO CONTENT: CA13321 R-2 March 11, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office i Item -V-L9 ORDINANCES/RESOLUTIONS -76- ITEM #64674 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing, vacating and discontinuing a portion of Market Street (Town Center Block 9) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A PORTION 4 OF THAT CERTAIN STREET KNOWN AS "PORTION OF 5 MARKET STREET TO BE CLOSED AREA = 8 SQUARE 6 FEET" AS SHOWN ON THAT CERTAIN PLAT ENTITLED 7 "PLAT SHOWING PORTION OF MARKET STREET TO BE 8 CLOSED, VIRGINIA BEACH, VIRGINIA". (TOWN CENTER 9 - BLOCK 9) 10 11 WHEREAS, on March 24, 2009, the Council of the City of Virginia Beach 12 acted upon the application of Town Center Associates, L.L.C., for the closure of a 13 portion of Market Street and its subjacent air space at the southwestern corner of Block 14 9 at Town Center, as shown on Exhibit "A" attached hereto; 15 16 WHEREAS, on March 24, 2009 the Council adopted an Ordinance to 17 close the aforesaid street, subject to certain conditions being met on or before March 18 24, 2010; and 19 20 WHEREAS, on January 20, 2010, the applicant requested and was 21 granted an extension of time to March 24, 2011, to satisfy the conditions attached to the 22 aforesaid street closure; 23 24 WHEREAS, on February 25, 2011, the applicant requested and was 25 granted an additional extension of time to March 24, 2013, to satisfy the conditions 26 attached to the aforesaid street closure; 27 28 WHEREAS, on January 16, 2013, the applicant requested and was 29 granted an additional extension of time to April 30, 2015, to satisfy the conditions 30 attached to the aforesaid street closures; and 31 32 WHEREAS, on January 14, 2015, the applicant requested an additional 33 extension of time to satisfy the conditions attached to the aforesaid street closure. 34 35 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 36 Virginia Beach, Virginia: 37 38 That the date for meeting conditions of closure as stated In the Ordinance 39 adopted on March 24, 2009 (ORD-3074A), upon application of Town Center Associates, 40 L.L.C., Is extended to April 30, 2017. 41 42 17th Adopted by the Council of the City of Virginia Beach, Virginia, on this 43 day of March , 2015. 44 45 GPIN: 1477-54-1429 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attomey CA13204 NWpov.can1DF31U1ppAcatlons Wpdoa1D0081P014‘0000B163.DOC R-1 March 4, 2015 2 2 EXHIBIT A - Page 1 or VIRGINIA BEACH BLVD 9,m 1 1�. BANK in ST zCOMMERCE ST 0 O 2 0 COLUMBUS ST j SOUTHERN BLVD LOCATION MAP - SCALE 1" = 2.000' S1REET 8f.' R '�i Avg' ( A) AAlp e n 4 £ASrr r (A'VST. #20O'1a2080023049) 0+1/5'1. j20041021000242.17) 1fixr a nu sn v fir. 40) MP) -N 8915'57" E —Z- 200.28'' N 3,474,595.5048 E 12,175,208.4835 3'SZ844c VT44? SPA Cir 0167: 12V0212.1.10117N0 rccN 3,474,594.1037 1 E 12.175,006.2284 1 L OVS1: #200002147021237) 1 TOWN CENTER BLOCK 9 (INST. 1200402060023049) AREA-. 44,062 SF OR 1.012 AC GP1N:1477-54-1429 NOTE MERIDIAN SHOWN HEREON IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM. SOUTH ZONE, NORTH AMERICAN DATUM 1983/1993 HARN (NAD 83/93, HARN) AND REFERENCED TO VIRGINIA BEACH GPS STATIONS "4737-1744" & "47931_ _ J8 1S r art ,,,4rOED/ 410N (NSW 1200fa2r6002rr0r49) �- SEE DETAIL 'A' PRE1rats S 44.35'53" W RIO/ 1.- ac" IPA YOED/CA DON 10.38' (VST. ,{2212.6483) S 8935'53" W 180.63'— (F) Fire C 4 M8r/S S11E17(VAR J1f N lid (ATB114 PG" 12) (6NsT. 200212303g8¢483) REV AS PER CLIENT KCR 1--26-2009 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED ."-ra-rr ■au •If.'4 y ■a^.w -a Mau :' i Malin SNIP _. u■ SHEET 1 OF 2 ENTAL 9U • 5033 ROUSE DR RGINUI VA 757-490-9264 ) 757-4 34 (�2 fl A WM. vnn PROJ. NO.: o81R1R EXHIBIT A — Page 2 of 2 ( CURVE RADIUS LENGTH CURVE TABLE TANGENT CHORD C2 28.00 C3. 25.00 10.71 • 5.42 10.65 3.42 1.71 3.42 BEARING DELTA S 1242'36" E 24'42'36" S 11'19'42" E 21'55'04" N 29'01'48" W 7'50'21" UNE TABLE UNE L1 BEARING LENGTH N 00'24'10" W L2 S 8915'53" W L3 S 8935'53" W L4 S 0024'10" E 15 S 5935'53" W L6 10.45 2.02 0.97 3.00 11.08 N 8915153" E 12.72 F8' r N 002410" W 10.45' L6 N 89'35'53" E ..r 57.49.44a7VT A/? S PAQ- (wsT #20aMTJJ 87765) mi YS'T O2F001724237,1 T 40l (tel 2.28' . 0 M 0 • SUBJACENT AIR SPACE TO BE CLOSED. AREA - 7 SQUARE FEET SUBJACENT AIR SPACE TO BE CONVEYED TO THE QTY OF VIRGINIA BEACH. AREA ra 36 SQUARE FEET PORTION OF MARKET STREET AND 3'. PUBUCINGRESS/EGRESS AND UTWTY EASEMENT TO BEE CLOSED. AREA - 8 SQUARE FEET fi41ENOUS RANT -Cr -WAY DEDVA7A2V (Aus�. r zJz. ,w) N 8935'53" E fIGBUC .4'W :iSS AAV u l/fl' &.Ayr MIST. 2/a.11. 776s) 1ivst.fa21a9A242.S7J (AVSE afa Qz4a) (r» DETA/L A SCALE r = 10' AS PER CLIENT KCR 1-x26-2009 PLAT SHOWING PORTION OF MARKET STREET TO BE CLOSED AI?RIAII A DC A es a ..._...... . SHEET 2 OF NIS.A. P.C. " Marti 4CISill►' .LANDSCA . lip 5033 ROUSE DRIVE, VIRCINIA BEACH. VA 23462 757-490-9264( ) 57-490-0634 (FAX) PROJ. NO.: 06161B DRAWN. Kra Ron #18 Town Center Associates, L.L.C. Discontinuance, closure and abandonment of a portion of Market Street Northeast corner of the intersection of Market Street and Columbus Street District 5 Lynnhaven February 11, 2009 CONSENT Joseph Strange: The next item is item 18, an application of Town Center Associates, L.L.C. for a discontinuance, closure, and abandonment of a portion of Market Street looted at the northeast comer of the intersection of Market Street and Columbus Street, District 5, Lynnhaven with six (6) conditions. Mike Nuchols: Good afternoon for the record, Mike Nuchols representing the applicant. The applicant is in agreement with all the conditions. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Ron Ripley to review this item. Ronald Ripley: Thank you Joe. This is really a housekeeping matter too. It's a discontinuance, closure, and abandonment of a little small portion, actually the northeast corner of Market Street and Columbus Street at the Town Center. It really kind of squares the block off for this next development that Armada Horner will be developing, which is a 208 -unit apartment building, a hotel, and some retail component. It does include adjacent air space, which is, in the case of zero lot line developments like this, where you build right up to the right-of-way. Sometimes you might impede the right-of-way with your foundations or your beams and this basically it avoids those conflicts. There is method worked out for the City. So, it was very minor matter, and we felt that it ought to go on consent. Joseph Strange: Thank you Ron. Madame Chairman, I make a motion to approve item 18. Janice Anderson: We have a motion by Joe Strange and a second by Gene Crabtree. Mr. Redmond? David Redmond: Madame Chairman, I will be abstaining on item 18, as I have a business conflict. Janice Anderson: Thank you. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE BERNAS AYE t Itean #18 Town Center Associates, L.L.C. Page 2 CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE SAS AVE REDMOND RIPLEY AYE RUSSO AYE STRANGE AYE ABS Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 18 for consent. # 18 February 11, 2009 Public Hearing APPLICANT: TOWN CENTER ASSOCIATES, LLC PROPERTY OWNER: VIRGINIA BEACH DEVELOPMENT AUTHORITY STAFF PLANNER: Carolyn A.K. Smith REQUEST; Discontinuance. closure and abandonment of a portion of right-of-way known as Market Street, and subjacent air space, at the northeast corner of Columbus Street and Market Street ADDRESS / DESCRIPTION: Property located on the northeast comer of comer of Columbus Street and Market Street GPtN: 1477541429 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: AICUZ 8 square feet portion Less than 65 dB DNL of Market Street 7 square feet subjacent air space The applicant requests closure of a very small portion of the Market Street right -of -ray and subjacent air space in order to square off the comer and ultimately construct a 15 -story building consisting of a retail component and up to 208 units as a mix of hotel and apartments. A Conditional Use Permit is required, and follows, to construct this structure. Specifically, the request is to close eight (8) square feet at the comer of Columbus and Market Streets and to dose seven (7) square feet of subjacent air space, for improvements to the site. As part of this agreement, the City will receive 36 square feet of subjacent airspace to be conveyed by the Virginia Beach Development Authority. SUMMARY OF REQUEST TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: • Comm erce Street, restaurant and retail / B -3A Business District USE AND ZONING: South: • Columbus Street, office, open space / B-3 Business District East • Central Park Avenue, apartments / B -3A Business District West: • Market Street, hotel and apartments / B -3A Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural features on the site. IMPACT ON CITY SERVICES WATER & SEWER: There are no water or sewer lines in the area proposed for closure. PRIVATE UTILITES: Preliminary comments from private utility compardes indicate that there are no private utilities within the area proposed for closure. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The Street Closure Viewers met and determined that no public inconvenience will result by approving the requests to close eight (8) square feet of the right-of-way and seven (7) square feet of subjacent air space at the northeast comer of Columbus and Market Streets. Most of the streets in Town Center were dedicated with subjacent rights, meaning, a differentiation Is made between ownership of property above, below, and at grade. As the subjacent rights are those under the land that, in this case, the City owns, the closure of the right-of-way includes property below grade as well as above grade in order to avoid possible future legal encroachment Issues with underground supporting structures and utilities serving the improvements constructed on adjacent blocks. As many of the buildings in Town Center are constructed with a zero setback from the right-of-way, the foundations for the buildings (some of which are constructed on deeply driven pilings that may not be TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 2 { driven exactly vertical) and utility fadlities serving the buildings may protrude beneath the surface of the adjacent streets. The request to vacate the seven (7) square feet of subjacent air space means that the City will relinquish its rights to the property beneath a small portion of the right-of-way to the Virginia Beach Development Authority (VBDA). Upon closure of the eight (8) square feet of Market Street and the City's relinquishment of Its subjacent air rights, the underlying area in which any supporting structures and utilities may be located can be done so without constituting encroachment. As part of this agreement, the Virginia Beach Development Authority (VBDA) will also convey 36 square feet of subjacent airspace to the City. This area was reserved by the VBDA per the 2002 Phase 1-A subdivision plat and related Deed of Dedication. A 2004 resubdivision plat and related Deed of Dedication dedicated an 18 -foot wide strip of Market Street immediately to the north of this area, leaving out this portion of the subjacent area. This action will simply clean up and finish off what probably should have been included in the 2004 resubdivision. Staff recommends approval of both the closure of eight (8) square feet and seven (7) square feet of subjacent airspace at the northeast comer of Columbus and Market Streets subject to the conditions below. CONDITIONS 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 is normally determined according to the "Policy Regarding Purchase of City's interest In Streets Pursuant to Street Closures," approved by City Coundl.. Copies of the policy are available in the Planning Department. No purchase price shall be charged-in.thls • street closure; however, because the City of Virginia Beath Development Authority (the current owner of the property affected by the street closure) shall reconvey to the City, as consideration for this street closure, any interest in subjacent air space that no longer needs to be reserved by reason of this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to flnal street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utiiitles-within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. The applicant shall cause to be conveyed to the City of Virginia Beach any interest in adjoining subjacent air space that is no longer needed by reason of this street closure. In exchange, the City shall convey to the City of Virginia Beach Development Authority the dosed portion of Market Street together with the closed portion of subjacent air space, subject to the same terms and conditions set forth In those Deeds of Dedication recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Numbers 200212313087765 and 200402100024237. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 3 within 365 days of approval by City Council. lithe conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 6. If required by the City of Virginia Beach Public Works Department, the applicant shall relocate, in a manner satisfactory to the City of Virginia Beach Public Works Department, the existing traffic signal pole and any other signal equipment now located within the right-of-way proposed for closure NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 4 l AERIAL OF SITE LOCATION TOWN CENTFR ASSOCIATES / VBDA Agenda Item 18 Page 5 f VIROINIA BEACH BLVD �I f COLIQIIS COMMERCE BANK r ; ' 5'T slgc!3 MAME MEET OW ,--_ Preitai air 41ar �z l (1)19asaa � Ayr. .Iv) as puswr,‘ _ Ibi I E 12.178,0.00.2284 - J. SWAM 7'AIP .. �. — L --2bO 28'-.- •' N 3,474,504.1037 firm N 3.47_4.598.8048 E i2;17I.206 4835 OW oNVOZIAWarmcfp ('r (1S°) . 14 TOM CENTER BLOCK 9 (IN ST #200402060023049) Ili AOREA.4 SF OR 1.012 'AC ij P xNOTE: MIDIAN SHOWN HEREON IS IdAD ON NIA STAE PLANE: COORDINATE SSTEM, STH ZONENORTH AMERICAN DATUM 1083/1903 HAHN (NAO 83/03. HARN) AND TOED TO MANIA BEACH OPS SATIONS 4737-1744' 1t `4793 ST id SOUTHERN LOCATION MAP - SCALE: 1' - 2,000' I J 1 84 0 ZVer-tor Dew O yzoNanzioarJe#P) SEE DETAIL 'A' A19FT O S +4.35'53' W A113SI aarraflT►i1�la, , pKsr. �ro�ifa crrri2.�tlpelsNW esti 35'.83' w'- 190.83' MIAOW smar Ow if/40 s » p J &IRV ALSoaR OL/ENT IXCRI1-26-2000 PLAT SHOW PORTION OF MARKETING ARKET STREET TO BE CLOSED VIRGINIA BEACH, VIRGINIA PROJ. NO.:06161B GRAM: KCR CATE: 12-18-2008 SCALE: 1" - 40' SURVEY OF AREA TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 6 ( CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 25 00 10.78 5.48 10.70 S 1842'38' E 24'42'38' C3 C2 2800 10.71 5.42 10.85 5 1V19'42' E 2155'04" 2300 142 1.71 3.42 N 29'01'48' W 730'21' UNE TAKE LINE DEARN G LENGTH 1.1 N 007440" W 10.45 12 S 8935'53' W 2.02 L3 S .wars.," W S 00'24'10" E 3.00 1.5 Le 0.97 s 8975'53' W 11.08 N 8935$3". E .L 12.72 RFA BJACEN- 7TSQUAAIR RE FFEEETT SIE CLOSED. g SUOJACENT AIRSPACE TO BE OONWEYED TO RR WY OF 1IR0 M BEACH. AREA - 38 SQUARE FEET lean PORTION OF MARKET STREET AND 3' PUBIC INCRESSIBMIESS ANO MUTT EASEMENT 10 SQUARE FEET OER AREA - 8 Rour-e-Hire is m par iciteammutioarl N 893¢53' E DEVIL A sate r 1d 0033 757-4M-2284ROUSED B490- EAC YA DETAIL: SURVEY OF AREAS TO BE CLOSED TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 7 ELEVATION OF BUILDING PROPOSED (LOOKING AT CORNER OF COLUMBUS STREET AND CENTRAL PARK AVENUE) TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 8 Map E-7 Mee Not to Seale Town Genu Associates, LLC Street Closure 1 03/09/04 CHANG E OF ZONING (B-3 to B -3A) Granted 2 03/11/03 STREET CLOSURE Granted 09/24/02 CUP (multifamily dwellings) Granted 3 05/10/05 CHANGE OF ZONING (B-3 to B -3A) Granted 4 06/28/05 CUP (multifamily dwellings) Granted 5 02/08/00 Creation of B -3A Pembroke Central Business Granted Core District ZONING HISTORY TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 9 DISCLOSURE STATEMENT APPLIcAN-r DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the fatlowing List the applicant name followed by the names of all officers, rriernbers trustees, partners, etc below (Attaeh list if ilecessacy) Ton rentor AssoC.1 t es .L . C. .eitt Cesper Associ.40S,• LIG and Armada Ifoffler PropITties. 2.. 4IStal,11)Upinit1Set-that h0%03::0.:11.1itW148110411dlaq or aftlIked bustrsatentity' reti3tionebip:44114 tFte yAfireoii /it ir • • ;unielaitail..:b.beinese.. eatitAait:are.:aff •Applicsitt through . • 0 • 44'00-•. 7 !It Ofl 0.•;4irstri .:.!ai=tt.;L:k • i..t40.0001foikettletilOT pttO0iii•ar r. : • • • FROPERTY OWN.gR.RLSOLOSfiRg. 0600;0400 sedifibrOritylfprite,riyip*d.'oriiiirOlepi frettOqiii*Cai:11:' • ifiljeptdper.0 6,,eri*r IS,a:OrP9Mteplal...Partriarabp. 10*builripss.,-§rOihet IjilinOt•TgatOtk.00#4italktit,.qienpVtii,:fhe kiNpng: 1. ,k10 Pr!ii6ertY:CMirler'POIllgraltivOrt hatres:of anber. truilegg PartilliTC ;sto bikA44.641(10illatlf. fiecessio), EY 0: Yireals! 'Beach .44Avaliopipeut Authority .(sep list of meJiiber . :; . • . .at fached:,..0..Asti4.1)3,t "B ,LitaI !businaises that. baye a pa renifs tibsid la ry t::. or affiliated bu al floss ertity OPPlicaint: (Attach IIst Ifnbcessaiy) • • ! • . . * Check bare If ihapTopprly molar Is NOT a corPoration, partnership, firrh, Ocisirieas, .or other uriIncorpotated organization. Does on official or employes of the City of Virginia Beach have an interest in the subject land?. Yes No if yes, what is the nanie of the official or employee and the nature of their interest? Pala lii•.• ! 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Toifi*"(10inter• * tee. • i4d1' .:411111:4,ttrnd-' .r Applicen 8 Oneleie City of Virgi.nta Beach bevelOpmenc Authoritr , Property Owner% S (if different than. sipPlIce n1) By annalci iI,J, Chair Print) Slfeit citIFIne Pug11 vt 11 FievriAVA? TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 11 t Exhibit "l3" List of. Members ni the City of Virginia Beach I)r eloimient:Autbority C. blarvcil .Banhniomo,y. JI'. l)an r . liri►ckwcll Tcresii fl. Carrijigion , 004)40 5:. Glli : : . �)otiu(i1,V. Jellil; i'aige G. Lcir: • -f iat V: Miiih03 aeiloid L, Millot ih�i:�lyRirh�iidgiirF • . L jI'ubulii'A : J itoh iy11;43M•11O10'l:shit!rii ►iqu[Y11t3pMkMi¢irs,��w DISCLOSURE STATEMENT TOWN CENTER ASSOCIATES / VBDA Agenda Item 18 Page 12 Item -V-L10 ORDINANCES/RESOLUTIONS -77- ITEM #64675 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution re MODIFICATION and EXTENSION of the Town Center Option Agreement with the Development Authority Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None March 17, 2015 P 1 RESOLUTION APPROVING A MODIFICATION 2 AND EXTENSION OF THE TOWN CENTER 3 OPTION AGREEMENT AND RECOMMENDING 4 THAT THE CITY OF VIRGINIA BEACH 5 DEVELOPMENT AUTHORITY APPROVE THE 6 MODIFICATION AND EXTENSION 7 8 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 9 Virginia Beach Development Authority (the "Authority"), the City Manager and City 10 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 11 Development Company, L.L.C. and its affiliates, regarding the continued 12 development of the Central Business District Project known as The Town Center of 13 Virginia Beach (the "Project"); 14 15 WHEREAS, the Project is a development arrangement between the Authority 16 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 17 development, utilizing the structure of an economic development park in the B -3A 18 Pembroke Central Business Core District. The area is zoned to optimize 19 development potential for a mixed-use, pedestrian -oriented, urban activity center 20 with mid -to -high-rise structures that contain numerous types of uses, including 21 business, retail, residential, cultural, educational and other public and private uses; 22 23 WHEREAS, the Authority and the Developer have entered into an option 24 agreement dated as of June 5, 2000 (the "Option Agreement") setting forth the terms 25 and conditions by which the Developer can acquire Authority -owned land for the 26 Project (the "Option Land"); 27 28 WHEREAS, as set forth in the latest modification to the Option Agreement 29 dated July 19, 2012, the Developer's right to acquire the Option Land expires on 30 April 30, 2015, and prior to such acquisition, the Developer must present an 31 acceptable plan for development of the Option Land to the City Council and the 32 Authority; 33 34 WHEREAS, the Developer has requested modifications to the Option 35 Agreement as set forth in the Summary of Terms, attached hereto as Exhibit A; and 36 37 WHEREAS, City Council is of the opinion that the requested modifications will 38 allow for the continued development of the Project to the benefit of the City. 39 40 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA; 42 43 1. That City Council approves the execution of a modification of the Town 44 Center of Virginia Beach Option Agreement between the City of Virginia Beach 45 Development Authority (the "Authority") and Town Center Associates, L.L.C., so long 46 as such modification is consistent with the Summary of Terms attached hereto as 47 Exhibit A, and made a part hereof, and such other terms, conditions or modifications 48 as may be acceptable to the City Manager and in a form deemed satisfactory by the 49 City Attorney. 50 51 2. That City Council requests and recommends that the Authority adopt a 52 resolution consistent with this Resolution. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th 55 day of March , 2015. APPROVED AS TO LE AL APPROVED AS TO CONTENT SUFFICIENCY A City Attorney APPROVED AS TO FUNDS AVAILABILITY ance Department CA13200 V: applications cityla6:prod cycom32 Wpdocs D006 P004 00000226.DOC R-1 March 6, 2015 Economic Development EXHIBIT A SUMMARY OF TERMS TOWN CENTER OPTION AGREEMENT CURRENT TERMS: Owner: City of Virginia Beach Development Authority (the "Authority"). Option Holder: Town Center Associates, L.L.C. ("TCA"). Option Land: Block 2 (former Beacon Site) and Block 9 (undeveloped block between the Westin Hotel and the Cosmopolitan Apartments) Option Fee: 1) Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation, and 2) Special fee equal to all of the Authority's costs associated with the acquisition and operation of Block 2. Purchase Price: Block 2: $4,792,735 Block 9: ,$1,005,121 Term of Option: Option must be exercised by April 30, 2015 Conditions of Exercise: TCA can only exercise option if: 1) TCA has paid all sums when due (principal or interest) owing under the Authority's loan payable to Wells Fargo, having a current balance of $ 947,939.13; and 2) TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the Virginia Beach City Council ("City Council") and the Authority; and 3) TCA has maintained the Option Performance Bond as required under the current Option Agreement. PROPOSED MODIFICATIONS: 1) Block 2: Term of Option extended by three years to April 30, 2018. 2) Block 9: TCA may purchase for $1,005,121 prior to the development plan being approved by City Council and the Authority with the following conditions: a) Block 9 will be subject to a deed restriction giving City Council and the Authority the right to approve any future development; and b) The Authority will have the right to repurchase Block 9 for $1,005,121 if no development is approved by April 30, 2018. 21a A31SV38 VIRGINIA BEACH BLVD 21a 2131N33 NMOL 3AV )I2IVd 1V2I1N33 VIRGINIA BE 0A18 30N34N3d3 N z. LI r 2ld-N011f1111SNO 1S 13)I21VW COMMERCE ST - - 19 1S 13NNVW X:\Projects\ARC Files\AGENDA MAPS \1477-54-8537\1477-54-8537 2015.m City Property Prepared by P.W./Eng./Eng. Support Services Bureau 02/16/2015 Item -V -I.11 ORDINANCES/RESOLUTIONS -78- ITEM #64676 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE Temporary Encroachments into a portion of City property known as Main Street, Columbus Street and Constitution Drive BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE Temporary Encroachments into a portion of City property known as Main Street, Columbus Street and Constitution Drive (GPIN 1477548537) The following conditions shall be required: The Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of the City, which consent can be withheld at THE City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 2. 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 Areas, in the event of an emergency or public necessity; and, Grantee, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal, to the extent of their respective interests in the Temporary Encroachments. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then the City shall have the right to remove the Temporary Encroachments at Grantee 's sole cost and expense, to the extent of their respective interests in the Temporary Encroachments. 4. It is further expressly understood and agreed that the Grantee, to the extent of their respective interests in the Temporary Encroachments, shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied; and, the City had not given the Termination Notice prior to such March 17, 2015 Item -V-I.11 ORDINANCES/RESOLUTIONS -79- ITEM #64676 (Continued) casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. 7. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a Traffic Control Plan before commencing any work in the Encroachment Areas. 8. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 9. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement permit, in addition to obtaining the City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two (2) times their Engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. 10. It is further expressly understood and agreed that the owners of the Apartments Unit and the Retail Unit must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments attached to their respective Units and all insurance policies must name the City as additional named insured or loss payee, as applicable. The owners of the Apartments Unit and the Retail Unit also agree to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments attached to their respective Units. The owners of the Apartments Unit and the Retail Unit 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 such insurance policies. The Grantee, to the extent of their respective interests in the Temporary Encroachments, assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 11. It is further expressly understood and agreed that the owners of the Apartments Unit and the Retail Unit must submit for review and approval, a survey of the Encroachment Areas related to the Temporary Encroachments attached to their respective Units, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of such Temporary Encroachments sealed March 17, 2015 Item -V-I.11 ORDINANCES/RESOLUTIONS -80- ITEM #64676 (Continued) by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 12. 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 owners of the Apartments Unit and the Retail Unit, as applicable, 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 owners of the Apartments Unit and the Retail Unit, as applicable, for the use of the respective Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the owners of the Apartments Unit or the Retail Unit; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day 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. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 1 AN ORDINANCE AUTHORIZING TEMPORARY 2 ENCROACHMENTS INTO PORTIONS OF CITY 3 RIGHTS-OF-WAY KNOWN AS MAIN STREET, 4 CONSTITUTION DRIVE, AND COLUMBUS 5 STREET, BY TCA BLOCK 11 APARTMENTS, 6 LLC, TCA BLOCK 11 OFFICE, LLC, AND TOWN 7 CENTER CONDOMINIUM 11 OWNERS 8 ASSOCIATION, INC. 9 10 WHEREAS, TCA Block 11 Apartments, LLC, a Virginia limited liability company, 11 TCA Block 11 Office, LLC, a Virginia limited liability company and Town Center 12 Condominium 11 Owners Association, Inc., a Virginia corporation (collectively, the 13 "Owners") own property located along Main Street, Columbus Street and Constitution 14 Drive known as Town Center Block 11 (GPIN: 1477-54-8537) (the "Property"); 15 16 WHEREAS, the Owners have submitted an application for temporary 17 encroachments into the City's rights-of-way known as Main Street (northern side of the 18 Property), Constitution Drive (northeastern corner of the Property), and Columbus 19 Street (southeastern corner of the Property), consisting of existing multiple metal 20 canopies, frame/metal awnings and building architectural feature overhangs (the 21 "Encroachments"), as shown on Exhibits A, B & C attached hereto; and 22 23 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 24 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 25 City's property subject to such terms and conditions as Council may prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That pursuant to the authority and to the extent thereof contained in 31 §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are 32 authorized to construct and maintain the Encroachments Into City right-of-way, as 33 shown on Exhibits A, B & C, attached hereto and made a part hereof. 34 35 2. That the Encroachments are expressly subject to those terms, conditions 36 and criteria contained in that certain encroachment agreement between the City of 37 Virginia Beach and the Owners (the "Agreement"). 38 39 3. That the City Manager or his authorized designee is hereby authorized to 40 execute the Agreement, and such other terms, conditions and modifications as may be 41 acceptable to the City Manager and in a form deemed satisfactory by the City. 42 43 4. That this Ordinance shall not be in effect until such time as the Owners 44 and the City Manager or his authorized designee execute the Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h day 46 of March , 2015. APPROVED AS TO CONTENT Iic W: rks / ' eaI Estate APPROVED AS TO CONTENT i Economic Development CA13191 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D004\P018\00188303.doc R-1 March 4, 2015 APPROVED AS TO LEGAL SUFFICIENCY AND FORM .1hi eUld City Attorney u'3 zw nE. zw Z (NNVH) f6/090VN - 3NOZ HLn00 113LSAS 31VNION000 3NY1d 3LVLS VINOHN Io '0d '0 1371 WH 0flend HLOVA 319VINVA Hit RIO NOLLf11LSNO3 -lo L d 8g U. dw ONIOIInH !D 30Y4 AVM 30 1FpI8 133NIS NIYMI < d jb • ONINMV !O 1H0I3H ,90'00 DI . 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October 6, 2014 (11110011 N3ddn) 0NI13lIf53 40 30Y4 (110014 aNnOlo) 01110111111 40 3354 A511 40 11 0111 3AIN0 NOunlusNoo .1511 40 .110111 3A1110 NOU0ILLSNO3 45 a ,001 n ONINNY 40 1110131 .91,1S (11)30014 N3ddn) swine 4O 3354 (11005 ONn01p) 09101109 40 3354 g 0N1/45 40 LHO13H .51111 (6110014 113ddn) ONIQ11ne 4o 3354 (x0014 ONI10N0) ONIQIIne 4O 3354 15M 4O 113IN 3A1N0 NoufUUSNO3 rri 09111115 43 1HOI3H ,00'51 '5. Ng 2 \\Vhb\proj\VaBeoch\33604.00 AH Block 11 101\cod\sr\plonset\33604const I 41 CP OtaldH I+ F�41 0 J W 0 1\ 44u c0 ig a O J W 0 5 ti 9.37'' —r 11.74' i XW 1`_' 6• K3,yi 19LfL'9109Ll01 3 PEES'9111,L$C N 10Z 'Od 'S M/a mend H10* 318VI2NA . 1I?IQ NOLL/1.LLLSl1O,3 NRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE - NAD83/93 (HARN) 0 0 N 0 1 °O'• October 6, 2014 F ONIO1If8 40 3394 AVM 40 111019 133910 Sn81111103 0NI14119 40 1H013H ,9010 r .001 ON011n8 40 3394 AVM 40 111019 13381S Sn8N11103 AdONV3 40 114013H .09'10 00• ONIO111f8 40 3394 19A1 40 1H01a 1339L5 sn811n103 ONNM9 40 1H0131.1 .0910 AVM 4O 111019 yy 13391S Sf8Nn'b3 wit 1Ht10H N3014 ONn0ao) ONIOIIne 40 3394 (Sa00li a3ddn) ONK 11n8 40 3394 C7 $ i .00' 09011019 40 111013H .00131 AdONV3 40 11101314 .00'60 C� F 0.) g • gi C� F \\Vhb\prcj\VoBeach\33604.00 AH Block 11 Lot \cad\sr\planset\33604c PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this 23rd day of January, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "Grantor", "City"; and TCA BLOCK 11 APARTMENTS, LLC, a Virginia limited liability company ("TCA 11 Apartments"),TCA BLOCK 11 OFFICE, LLC, a Virginia limited liability company ("TCA 11 Office"), and TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC., a Virginia corporation (the "Association"), "Grantee", even though more than one. WITNESSETH: WHEREAS Town Center Associates 11, L.L.C., a Virginia limited liability company ("TCA 11"), was the Declarant under that certain Declaration of Condominium of Town Center Condominium 11 dated as of April 18, 2013, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), as Instrument No. 20130426000481700, and related instruments, as same may be amended from time to time (the "Condominium Instruments") pursuant to which the condominium known as "Town Center Condominium 11" (the "Condominium") was created on Town Center Block 11A; TCA 11 has conveyed all of the Units in the Condominium to various entities, and pursuant to that certain Assignment of Declarant Rights dated July 3, 2013, recorded in the Clerk's Office as Instrument No. 20130731000902490 (the "Assignment"), TCA 11 assigned to TCA Block 11 Garage, GPIN: 1477-54-8537-0000 (Town Center Block 11A) 1477-54-8537-2000 (Retail Unit) 1477-54-8537-3000 (Apartments Unit) (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) LLC, a Virginia limited liability company, the Declarant Rights, as such rights are defined in the Assignment; TCA 11 Apartments is the owner of the "Apartments Unit" in the Condominium; and TCA 11 Office is the owner of the "Retail Unit" in the Condominium (the "Grantee Property"); WHEREAS, the Association is a condominium owner's association which has been formed to perform certain administrative and operational functions on behalf of the Condominium and which is empowered to execute agreements for services for the Condominium; WHEREAS, the owners of the Apartments Unit and the Retail Unit and others (other than the Association) have constructed the condominium building (the "Building") that includes certain structures attached to the Apartments Unit and/or the Retail Unit which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being the rights-of-way for Main Street, Constitution Drive and Columbus Street (all areas on which the Temporary Encroachments (as defined below) exist shall be collectively referred to herein as the "Encroachment Areas"), which encroachments consist solely of the following: (i) multiple canopy and awning encroachments, the locations of which are on the northern side of the Building along Main Street and more particularly shown as "METAL CANOPY" and "FRAME/METAL AWNING" on Exhibit A attached hereto (the "Main Street Encroachments"); (ii) multiple canopy and awning encroachments, the locations of which are at the northeastern corner of the Building and along Constitution Drive and more particularly shown as "METAL CANOPY" and "FRAME/METAL AWNING" on Exhibit B attached hereto (the "Constitution Drive Encroachments"); (iii) multiple canopy and awning encroachments, the locations of which are at the southeastern corner of the Building and along 2 I Columbus Street and more particularly shown as "METAL CANOPY" and "FRAME/METAL AWNING" on Exhibit C attached hereto (the "Columbus Street Canopies"); and (iv) a building architectural feature encroachment (the "Building Architectural Feature Encroachment"), the location of which is at the southeastern corner of the Building and more particularly shown as "BUILDING ARCHITECTURAL FEATURE" on Exhibit C attached hereto (the "Architectural Feature Encroachment"). The Main Street Encroachments, the Constitution Drive Encroachments, the Columbus Street Encroachments and the Architectural Feature Encroachment are referred to herein as the "Temporary Encroachments". WHEREAS, the owners of the Apartments Unit and the Retail Unit desire, and the City has agreed to permit the owners of the Apartments Unit and the Retail Unit, to temporarily retain the Temporary Encroachments in their respective Encroachment Areas subject to terms of this Agreement; 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), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee, to the extent of their respective interests in the Temporary Encroachments under the Condominium Instruments, temporary permission to retain and use the Temporary Encroachments in their present "AS -IS" conditions and locations. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be 3 I constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 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 Areas, in the event of an emergency or public necessity, and Grantee, to the extent of their respective interests therein, shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal, to the extent of their respective interests in the Temporary Encroachments. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense, to the extent of their respective interests in the Temporary Encroachments. It is further expressly understood and agreed that the Grantee, to the extent of their respective interests in the Temporary Encroachments, shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, 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 4 P maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a 5 I bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the owners of the Apartments Unit and the Retail Unit must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments attached to their respective Units, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The owners of the Apartments Unit and the Retail Unit also agree to carry comprehensive general liability insurance in an amount not Tess than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments attached to their respective Units. The owners of the Apartments Unit and the Retail Unit 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 such insurance policies. The Grantee, to the extent of their respective interests in the Temporary Encroachments, 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 owners of the Apartments Unit and the Retail Unit must submit for review and approval, a survey of the Encroachment Areas related to the Temporary Encroachments attached to their respective Units, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of such Temporary Encroachments sealed by a 6 1 registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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 owners of the Apartments Unit and the Retail Unit, as applicable, 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 owners of the Apartments Unit and the Retail Unit, as applicable, for the use of the respective Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the owners of the Apartments Unit or the Retail Unit; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary 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. The Association executes this Agreement for the purposes of acknowledging its requirements and, to the extent it has or may have any obligations hereunder pursuant to the Condominium Instruments, accepting responsibility for same. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Apartments Unit or the Retail Unit, the rights and obligations of the owner(s) of the Apartments Unit or the Retail Unit, as applicable, hereunder shall transfer automatically to the transferee of the Apartments Unit or the Retail Unit, as applicable, and the 7 I transferor of the Apartments Unit or the Retail Unit, as applicable, shall be released from all liability arising from facts or circumstances arising after the date of recordation of the deed transferring the Apartments Unit or the Retail Unit, as applicable. IN WITNESS WHEREOF, each Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. 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, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 8 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2015, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 9 TCA BLOCK 11 APARTMENTS, LLC, a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: JJ _-..-- Louis S. Haddad, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this iN , 2015, by Louis S. Haddad, Manager of Armada Hoffler Manager, LLC, a Virginia limited liability company, Manager of TCA Block 11 Apartments, LLC, a Virginia limited liability company. ,�� 3 day of Notary Registration Number (00/09 My Commission Expires: do0 10 Nota Public TCA BLOCK 11 OFFICE, L.L.C., a Virginia limited liability company By: ARMADA HOFFLER MANAGER, LLC, a Virginia limited liability company, MANAGER By: Louis S. Haddad, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this Q(d/1 day of J3,11(0 , 2015, by Louis S. Haddad, Manager of Armada Hoffler Manager, LLC, a Virginia limited liability company, Manager of TCA Block 11 Office, LLC, a Virginia limited liability company. Notary Registration Number: �% �j My Commission Expires: I V RI 960 c2,2iD1a 11 Notary Public I COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: imog TOWN CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC., a Virginia corporation By: k. 1, — Louis S. Haddad, President The foregoing instrument was acknowledged before me this day of , 2015, by Louis S. Haddad, President, on behalf of Town Center Condominium 11 Owners Association, Inc., a Virginia c• p•ration. Notary Registration Number: ,Q516/01 My Commission Expires: Notary Public 4`0.% R. ROSS .� , ice..•' NOTARY ' . % O ; PUBLIC ,' * E REG. #221082 * F. -74,** 1. MY COMMISSION '. EXPIRES ?•• 10/31/2016. / 04,•.F S '' LTH OC� S:\Clients\5531 \011 \Encroachments\Apartments Building\Encroachment Agreement - Canopies-Apts-v2.doc 12 i APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM DEPARTMENT S:\Clients\5531\011\Encroachments\Apartments Building\Encroachment Agreement - Canopies-Apts-v2.doc ig ,g x8 1.40' 13.50' HEIGHT OF AWNING N MAIN STREET RIGHT OF WAY FACE OF BUILDING t' N 50.15' HEIGHT OF AWNING MAIN STREET RIGHT OF WAY FACE OF BIADING MAIN STREET RIGHT OF WAY FACE OF WILDING MAIN STREET RIGHT OF WAY FACE OF BUILDING MAIN STREET RIGHT OF WAY 1 FACE OF BUILDING S f 1 8 t" N 50.08' HEIGHT OF AWNING it MAIN JIIhtt RIGHT CF WAY 131 FACE W BUILDING 1 K l .J CONSTITUTION DRIVE VARIABLE WIDTH PUBLIC R/W M.B. 8, PO. 201 VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE — NAD83/93 (HARN) 40 rffEPN.— z 0 F 8 1e d IP 14.00' HEIGHT OF AMONG FACE OF BUILQNG (Qt0111D FLOOR) FACE OF BUILDING (UPPER FLOORS) 0ON51ITUn0N DRIVE RIGHT OF WAY 51.24' HEIGHT OF AWNING (bNSnnllON DRIVE RIGHT OF WAY FACE OF BUILDING (GROUND FLOOR) FACE OF BUILDING (UPPER FLOORS) 46' .3r T OF AWN C0NSn1Un0N DRIVE RIGHT OF WAY FACE OF BUILDING (GROUND FLOOR) FACE OF !BALDING (UPPER FLOORS) r E 0 z 8 0 MAIN STREET B6' P11BUCINST. 00021230.30815483 R/W NST. 231J067765 N N 3474725.1519 E 12175999.2426 Z / 0.51' ENC. z r \ RR mvi 0 P -I pirCI MATCHLINE — SEE SHEET 2 E 51.69' HEIGHT GF AWNING CONS111U110N DRIVE R1017 OF WAY FACE OF BUILDING (GROUND FLOOR) FACE OF BUILDING (UPPER FLOORS) 1.00' GONS11IUI1ON DRIVE R011T OF WAY FACE Ci BUILDING (GROUND FLOOR) FACE OF BUILDING (UPPER FLOORS) i 1 1 1 z 0 0 MATCHUNE - SEE SHEET 1 g K la I vg Cr Q L 0 I � � t i o 4 P mz iP Zsa 10 29.50' HEIGHT OF CANOPY 18.00' HEIGHT OF BUILDING FACE OF BUILDING (GROUND FLOOR 1.30' FACE OF BUILDING (UPPER FLOORS) N COWMBUS STREET RIGHT OF WAY 1.00' SI N G'. 51.80' HEIGHT OF AWNING COLUMBUS STREET RIGHT OF WAY FACE OF BUILDING 1.00' 51.80' HEIGHT OF CANOPY COLUMBUS STREET RIGHT OF WAY FACE OF BUILDING 51.38' HEIGHT OF AWNING .00' J COLUMBUS STREET RIGHT OF WAY FACE OF BUILDING r z 8 0 (NNYH) L'6/E9OYN - 3NOZ HIROS H3LSAS 3LYN106003 3NYTd 31Y1S 9I608NA CONSTITUTION DRIVE VARIABLE MTH PUBLIC RA/ LLB. 5. PG. 201 N 3474418.5334 I E 12176018.2326 J A ! Y ci `O 10. gc . iti, R y 5. .512 Y2AP a 2 1 I Item-V-I.l2a/b/c ORDINANCES/RESOLUTIONS -81- ITEM #64677 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE and TRANSFER to the Sheriff a. $1,262,100 re the medical contract expenses b. $ 564,000 annual and sick leave payouts c. $1,204,500 to Special Revenue Fund to offset projected shortfalls Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 I 1 AN ORDINANCE TO APPROPRIATE ADDITIONAL 2 FUNDS TO THE FY 2014-15 OPERATING BUDGET 3 OF THE VIRGINIA BEACH SHERIFF'S OFFICE AND 4 TO ADJUST THE SHERIFF'S BUDGET TO REFLECT 5 UNDERPERFORMING REVENUES 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 1. That $1,826,500 is hereby appropriated from the fund balance of the 11 General Fund, with revenue from fund reserves increased accordingly, and transferred 12 to the Sheriffs Office Special Revenue Fund to fund additional costs related to medical 13 contract expenses and annual and sick leave payouts; 14 15 2. That $1,204,500 of previously appropriated funds is hereby reduced to 16 reflect under -performance of revenues anticipated in the FY 2014-15 Operating Budget; 17 and 18 19 3. That $1,204,500 is hereby appropriated from the fund balance of the 20 General Fund, with revenue from fund reserves increased accordingly, and transferred 21 to the Sheriff's Office Special Revenue Fund to replace those appropriations and 22 revenues reduced in Paragraph 2, supra. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of March, 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i ±) Budget and Management Services, CA13295 R-1 March 3, 2015 Item -V-I.13 ORDINANCES/RESOLUTIONS -82- ITEM #64678 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution re The Day of Peace Monument Dedication Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 Rnintutiuu WHEREAS: President Dwight Eisenhower created the "People -to -People" exchange program in 1956 to promote the citizen's diplomacy for world peace; WHEREAS: Tesshin Hiroyuki Hamada, Emeritus Associate Professor of Old Dominion University, established the BUSHIN KAN DNBK Martial Art program in the United States a 'half century ago in the various universities, colleges, schools and recreational institutions to create a legacy of commitment to world Peace and harmony by deepening the mutual understanding, mutual respect, international goodwill and friendship through the cultural and educational curriculum of Japanese classical Martial Arts. While in Old Dominion University, he conducted numerous Japanese related academic symposiums, teacher training seminars, Summer academic research programs, Summer student exchange programs between Japanese higher educational institutions and ODU, and concurrently, to promote the US -Japan bilateral relation. He has served as Chair of Virginia Beach Miyazaki Sister City relations over two decades and Norfolk's Kitakyushu Sister City relation for over three decades by producing many opportunities of relevant exchange activities; WHEREAS: More than twenty thousand students around the globe having been involved in USA Bushin Kan DNBK programs became the dedicated professionals and leaders of their own professional domain and many became highly active volunteers impacting for the betterment of community and society. Many have served as Volunteers for the Sister Cities program of Hampton Roads for many decades; WHEREAS: Many "sister city" relationships have been established and continue successfully throughout the United States, there are two long standing successful local twinnings, !. e, Kitakyushu, Japan, in Norfolk and Miyazaki City, Japan, in Virginia Beach. Since 1985, Japan Education Culture Center became the volunteer organization to facilitate many such exchange activities. Students from schools and universities, as well as professionals in all walks of life, have benefited from the tremendous opportunities afforded through such exchange activities as aiding the Tsunami disaster children' project, volunteer promotion projects, Governor for the Arts Students Japan Mission projects, Red Wing Park Japanese Garden project, annual Cherry Blossom Festival, World Youth Conference project, SECEP Summer youth exchange project, NASA astronaut Japan tour project, Botanical Kitakyushu Garden project, Hiroshima Teachers' Training Program in ODU, REX teachers Japanese Language project, sister university program in Japan, Virginia Trade Mission to Japan, Nish! Nippon Trade and Economic project, Ukiyoe art exhibit in Chrysler Museum, various anniversary projects conducted in the United States and Japan to name a few; and, WHEREAS: Bushin Kan DNBK became a model for many international Martial Art academies and schools worldwide while DNBK Japan opened the gate for their membership admissions and thereby more than five thousand people from forty-five nations joined in the same volunteer effort to promote the greater World Peace and Harmony, friendship and goodwill through cultural and educational exchanges of Japanese Martial Arts; and, the FIRST World Butoku Sai which was held in 1998 at Old Dominion University. Thus far, major international events were staged in Kyoto Japan, London UK, Kingston Canada, Chartres France, Madrid Spain, Sintra Portugal, Athens Greece, Magdeburg Germany, Brussels, Belgium and now America Butoku Sai is to be staged in Virginia Beach, Virginia, USA, in March 2015. NOW, THREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Dr. Hiroyuki Tesshin Hamada for his more than fifty years of international leadership and dedication toward World Peace and Harmony. We pay tribute to, and thank, Dr. Hamada for his professional career, ability to see the future in the present, his visionary goals and strategies to accomplish them, his educational expertise and working relationship with people of many diversities, his international relationships and his dedication to purpose. BE IT FURTHER RESOLVED: That this Resolution be presented to Dr. Hamada with a copy spread upon the minutes of this Formal Session of the Virginia Beach City Council on this Seventeenth day of March, Two Thousand Fifteen; AND, FURTHER, that Thursday, March 26, 2015, be designated in the City of Virginia Beach as: The DAY of PEACE MONUMENT DEDICATION with the dedication of over fifty tons of special boulders, commemorative maple trees and azalea garden located back of Miyazaki Garden at the entrance to Red Wing Park to be known as the RED WING PEACE MONUMENT GARDEN on March Twenty-sixth, Two Thousand Fifteen. Given under our hands and seal this Seventeenth of March, Two Thousand Fifteen: Cound(man M. Benjamin Davenport Council- Lady S!(annon DSKane Conn eaA4A,)Pi. M. "Bob" Dyer Council Lady Barbara .yfenfey ouncifman john E. Vkrin Cou_TLady Dr. Amelia W. Ttoss- if mond 'Won _ Co an ames L. Wood Vice SKayorLou• f Jones MayorWilliam D. "Wllf Sessoms, Jr. 1 Item -V -I.14 ORDINANCES/RESOLUTIONS -83- ITEM #64679 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution re the furtherance of High -Speed Broadband Internet Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.• None March 17, 2015 1 A RESOLUTION TO DIRECT STAFF TO TAKE 2 ACTIONS IN FURTHERANCE OF HIGH-SPEED 3 BROADBAND INTERNET 4 5 WHEREAS, high-speed broadband internet is a business necessity in the twenty - 6 first century; and 7 8 WHEREAS, to continue the City's success in bringing innovative industries and 9 employers requires offering high-speed broadband internet; and 10 11 WHEREAS, to become a destination for groundbreaking research and 12 development of healthcare, bio -technology, pharmaceutical development, and 13 healthcare delivery systems requires a state-of-the-art infrastructure system, including 14 high-speed broadband internet; and 15 16 WHEREAS, the City has undertaken preliminary discussions with various 17 community stakeholders about the possibility of bringing high-speed broadband internet; 18 and 19 20 WHEREAS, the City Council finds it desirable to publicly state its intention to be 21 the home of high-speed broadband through a duly authorized authority that will serve 22 the City's strategic goals and possibly become a regional system; and 23 24 WHEREAS, a local or regional broadband authority would leverage existing Next 25 Generation Network investments made by the City of Virginia Beach and Virginia Beach 26 City Public Schools in their respective networks; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Manager and staff are directed to promptly explore the creation of a 32 Virginia Beach and/or a Southside Regional Broadband Authority in order to leverage 33 the Next Generation Network investments made by the City of Virginia Beach and the 34 Virginia Beach City Public Schools. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROV D AS TO LEGAL SUFFICIENCY: 1 Ct • _ d key's Office CA13324 R-2 March 17, 2015 Item —V -J PLANNING 1. CITY OF VIRGNIA BEACH 2. CROWN CASTLE USA, INC. 3. UNITED STATES MANAGEMENT/ CITY OF VIRGINIA BEACH -84- ITEM #64680 4. CHESAPEAKE BAY DISTILLERY, LLC/ HOTLINE ENTERPRISES, LLC 5. VIRGINIA BEACH DEVELOPMENT 6. PEMBROKE SQUARE ASSOCIATES, LLC 7. 5073 VIRGINIA BEACH BOULEVARD, LLC 8. TAKE 5 OIL CHANGE, LLC/ 1928 LASKINROAD, LLC 9. a. BH INVESTORS/ESTATE OF EDWIN B. LINDSLEY, JR. b. RICHARD S. and JUDY L. FOSTER 10. NVR, INC., MUNDEN FARM, LLC 11. MONARCH PROPERTIES, INC. 12. ALEXANDRIA PLACE, LLC/ c/o HAV CRAFT DISTILLERIES RELOCATION OF NONCONFORMING a. SPECIAL EXCEPTION b. VENUE SIGNS CONDITIONAL USE PERMIT MODIFICATION OF PROFFERS CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT VARIANCE VARIANCE MODIFICATION OF PROFFER CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING ITEM #2 WILL BE CONSIDERED SEPARATELY ITEM #3 a/b WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM #4 REVISED VERSION OF ITEM #8 WILL BE CONSIDERED COUNCIL LADY HENLEY WILL VOTE VERBAL NAY ON ITEM #8 MAYOR SESSOMS WILL ABSTAIN ON ITEM #11 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM #12 March 17, 2015 -85 - Item -V-J PLANNING ITEM #64681 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 4, 5, 6, 7, 8(REVISED VERSION), 9a/b, 10, 11 and 12 of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -86 - Item —V -J.1 PLANNING ITEM #64682 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Ordinance to AMEND Sections 111, 230, 901 and 1001 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form -Based Code re Craft Distilleries as a Conditional Use Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Barbara Clark lives on North side of the 400 Block of 16th Street and shares rear property line with the commercial properties. She is secretary of the Resort Area Civic League and they are in support of this Application. They are excited about the re -birth of this area as a vibrant district, supporting small, locally owned artisian type businesses offering unique and superior quality products. She expressed appreciation to the Applicant and Planning Staff for their willingness to work with the surrounding neighbors. March 17, 2015 1 AN ORDINANCE TO AMEND SECTIONS 111, 230, 901 2 AND 1001 OF THE CITY ZONING ORDINANCE AND 3 SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT 4 FORM-BASED CODE BY ADDING A DEFINITION OF 5 "CRAFT DISTILLERY," SETTING FORTH REQUIRED 6 STANDARDS FOR SUCH USE AND ESTABLISHING 7 CRAFT DISTILLERIES AS A CONDITIONAL USE IN THE 8 B-2 COMMUNITY BUSINESS DISTRICT, THE B-3 9 CENTRAL BUSINESS DISTRICT, THE B-4C CENTRAL 10 BUSINESS MIXED USE DISTRICT, THE 1-1 LIGHT 11 INDUSTRIAL DISTRICT AND THE OR OCEANFRONT 12 RESORT DISTRICT AND BY AMENDING THE DEFINITION 13 OF "CRAFT BREWERY" AND THE REQUIRED 14 STANDARDS FOR SUCH USE, AND ALLOWING CRAFT 15 BREWERIES AS A CONDITIONAL USE IN THE B-3 16 CENTRAL BUSINESS DISTRICT, THE B-4C CENTRAL 17 BUSINESS MIXED USE DISTRICT AND THE OR 18 OCEANFRONT RESORT DISTRICT 19 20 Sections Amended: City Zoning Ordinance Sections 111, 21 230, 901 and 1001; Oceanfront Resort District Form-Based 22 Code Section 5.2 23 24 WHEREAS, the public necessity, convenience, general welfare and good zoning 25 practice so require; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That Sections 111, 230, 901 and 1001 of the City Zoning Ordinance and Section 31 5.2 of the OR Oceanfront Resort District are hereby amended and reordained by 32 defining "craft distillery," amending the definition of "craft brewery," establishing required 33 standards for such use, allowing craft distilleries as a conditional use in the B-2, B-3, B- 34 4C and 1-1 Districts and the OR Oceanfront Resort District, and allowing craft breweries 35 as a conditional use in the B-3 and B-4C Districts and the OR Oceanfront Resort 36 District, to read as follows: 37 38 ARTICLE 1. GENERAL PROVISIONS 39 1 40 Sec. 111. Definitions. 41 For the purpose of this ordinance, words used in the present tense shall include 42 the future; words used in the singular number include the plural and the plural the 43 singular; the use of any gender shall be applicable to all genders; the word "shall" is 44 mandatory; the word "may" is permissive; the word "land" includes only the area 45 described as being above mean sea level; and the word "person" includes an individual, 46 a partnership, association, or corporation. 47 48 In addition, the following terms shall be defined as herein indicated; provided that 49 in the event a term defined in this section is defined differently in the regulations of any 50 form -based district, the latter definition shall control if the property to which the definition 51 applies is located in the form -based district: 52 53 54 Craft brewery. A facility, other than a farm brewery, that produces and distributes 55 beer or other fermented malt beverages in quantities not exceeding fifteen thousand 56 barrels (15,000 BBL) per year and at which beer, ale or other fermented beverages are 57 served to customers for on -premises or off -premises consumption and at which mcals 58 food are not may be served. 59 60 Craft distillery. A facility that produces and distributes spirits, as defined in the 61 Alcoholic Beverage Control Act, in quantities not exceeding five thousand barrels (5,000 62 BBL) per year and at which such spirits produced at such facility are served to 63 customers for on -premises or off -premises consumption and at which food may be 64 served. 65 66 67 68 COMMENT 69 70 The amendment adds a definition of the term "craft distillery changes the definition of 71 "craft brewery" to allow the sale of beverages produced on the premises for off -premises 72 consumption and to delete the prohibition against serving meals. 73 74 75 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 76 ALL DISTRICTS 77 2 78 79 C. CONDITIONAL USES AND STRUCTURES 80 81 82 83 Sec. 230. Craft breweries and craft distilleries. 84 85 (a) In addition to general requirements, craft breweries shall be subject to the 86 following provisions: 87 (a)(1) A valid license issued by the Virginia Alcoholic Beverage Control 88 Board shall be held by the establishment at all times, and the 89 conditions of any such license shall be incorporated by reference 90 into any conditional use permit authorizing a craft brewery; 91 92 (b)(2) Only beer or other fermented malt beverages and non-alcoholic 93 beverages may be served; 94 95 (c)(3) Beer or other fermented malt beverages may be sold for on - 96 premises consumption and for off -premises consumption at retail or 97 wholesale; 98 99 (d)(4) Unless expressly allowed by the conditional use permit, There there 100 shall be no sale or consumption of alcoholic beverages on the 101 premises between midnight and ten o'clock (10:00) a.m.; 102 103 (e)(5) Live music shall be performed only inside the establishment and 104 doors and windows shall remain closed during such performances, 105 except during the actual ingress and egress of patrons and 106 employees; and 107 108 (f)(6) The city council may impose such reasonable conditions as it 109 deems necessary to avoid or mitigate adverse impacts upon other 110 property. 111 112 In addition to general requirements, craft distilleries shall be subject to the 113 following provisions: 114 3 115 (1) A valid license issued by the Virginia Alcoholic Beverage Control 116 Board shall be held by the establishment at all times, and the 117 conditions of any such license shall be incorporated by reference 118 into any conditional use permit authorizing a craft distillery; 119 120 (2) Only spirits and non-alcoholic beverages may be served unless 121 otherwise permitted under applicable state alcoholic beverage 122 control laws and regulations for private events; 123 124 (3) Spirits may be sold for on-premises consumption or off-premises 125 consumption at retail or wholesale; 126 127 (4) Unless expressly allowed by the conditional use permit, there shall 128 be no sale or consumption of alcoholic beverages on the premises 129 between midnight and ten o'clock (10:00) a.m.; 130 131 (5) Live music shall be performed only inside the establishment and 132 doors and windows shall remain closed during such performances, 133 except during the actual ingress and egress of patrons and 134 employees; and 135 136 (6) The City Council may impose such reasonable conditions as it 137 deems necessary to avoid or mitigate adverse impacts upon other 138 property. 139 140 COMMENT 141 142 The amendments add operational requirements for craft distilleries. 143 144 145 146 ARTICLE 9. BUSINESS DISTRICTS 147 148 149 150 Sec. 901. Use regulations. 151 152 (a) Principal and conditional uses. The following chart lists those uses permitted 153 within the B-1 through B-4K Business Districts. Those uses and structures in the 154 respective business districts shall be permitted as either principal uses indicated by a 4 155 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 156 shall be prohibited in the respective districts. No uses or structures other than as 157 specified shall be permitted 158 159 160 161 Use 8-1 8-1 a 8-2 8-3 B-4 B -4C B -4K 162 163 164 165 Craft breweries, subject to the 166 provisions of Section 230 X X C XC X XC X 167 168 Craft distilleries, subiect to the 169 provisions of Section 230 X X CC X C X 170 171 172 COMMENT 173 174 The amendments establish craft distilleries as a conditional use in the B-2, B-3 and B -4C 175 Districts and extend the areas in which craft breweries are allowed to the B-3 and B -4C Districts. 176 177 178 179 ARTICLE 10. INDUSTRIAL DISTRICTS 180 181 182 183 Sec. 1001. Use regulations. 184 185 (a) Principal and conditional uses. The following chart lists those uses 186 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 187 respective industrial districts shall be permitted as either principal uses indicated by a 188 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 189 shall be prohibited in the respective districts. No uses or structures other than as 190 specified shall be permitted. 191 192 USE 1-1 1-2 193 194 5 f 195 Craft distilleries, subject to the 196 provisions of Section 230 197 198 199 COMMENT 200 201 The amendments establish craft distilleries as a conditional use in the I-1 Light Industrial 202 District. 203 204 205 Oceanfront Resort District Form -Based Code 206 207 (APPENDIX 1 TO CITY ZONING ORDINANCE) 208 209 210 Chapter 5. Use 211 212 Sec. 5.1. General Provisions 213 5.1.1 Permitted Uses 214 215 The permitted use table identifies uses allowed by building type. The key for the use 216 table is set forth below. 217 A. Permitted Use (P) 218 219 Indicates that the use is permitted by right. 220 221 B. Limited Use (L) 222 223 Indicates that the use, while permitted by right unless otherwise specified, must meet 224 the applicable use standard. 225 226 C. Conditional Use (C) 227 228 Indicates that the use requires approval as a conditional use before it is allowed. Use 229 standards may also apply. 230 231 232 233 Indicates that a use is not permitted. 6 234 235 E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or by 236 Special Exception allowed pursuant to Sec. 7.3, shall not be permitted. 237 238 239 240 The section is shown for reference purposes only. 241 242 243 244 SEC. 5.2. PERMITTED USE TABLE 245 COMMENT 246 247 248 249 250 251 252 253 Craft MIXED-USE BUILDING COMMERCIAL BUILDING APARTMENT BUILDING ROW HOUSE DETACHED HOUSE CIVIC BUILDING -- USE Ground Floor Upper Floors Ground Floor All Floors Ground Floor Upper Floors All Floors All Floors Use Standard /Notes COMMERCIAL Craft C C C -- — -- — -- -- -- See Sec. 230 breweries Craft C C C — -- — -- -- See Sec. 230 distilleries COMMENT 254 The amendments add craft breweries and craft distilleries as allowed uses in the OR 255 Oceanfront Resort District in mixed-use buildings and commercial buildings, subject to the 256 requirements of Section 230 of the City Zoning Ordinance. 257 258 259 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17th 260 day of March , 2015. 261 262 263 7 264 265 266 267 268 269 270 271 272 CA -13239 273 January 12, 2015 274 R-6 APPROVED AS TO CONTENT: PlarnairiV i!.artment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 8 -87 - Item -V-J.2 PLANNING ITEM #64683 The following individuals registered to speak: Lisa Murphy, Attorney for the Applicant, advised this project began well before March 2014 and she has worked extensively with Staff and neighbors. There are eleven (11) users on the communication tower, six (6) wireless carriers and five (5) other users. The challenge with the project has been how to take the existing infrastructure and replace it in a manner that meets the requirements of relocating a nonconforming structure, making it less nonconforming than currently exists. The original proposal was to build a self-supporting tower, narrowing the `footprint". The concerns raised were the self- supporting tower was going to be much wider than the existing tower; the placement and location of the tower; and the safety of the tower. The proposal is to construct a temporary tower, which is fairly unusual, that will be a 200 foot tower. This will allow the wireless carriers to continue to operate, at some capacity, during the two to three months it will take to remove the tower and construct a new one. Otherwise, those that live in that area of the City would lose wireless service during the construction process. This will allow the tower to be rebuilt in same location or a new location; however, we now have the ability to construct the new tower a little farther away from the surrounding homes (approximately 32 feet) and reduce the height of the tower from 285 feet to 270 feet. Darryl Riddle, 2233 Meadow Ridge Lane, Phone: 870-0913, owns the home where the tower is actually located and the one most affected. The only thing asked of the Applicant is compliance. It is his information that Sprint agreed to move down the tower 40 feet and they have asked the Applicant to see if the other carriers would be willing to lower their heights as well in order to reduce the tower height. The 2008 requirements for "Landscaping Screening" states a setback equal 125V of the height of the tower from any residential structure, etc. The Landscape Screening was adopted to enhance the appearance of these sites; the setbacks from residential structures were adopted to protect the health, safety and welfare of persons within a residential structure in the event of a catastrophic failure of a tower. All the residents are asking is for City Council to uphold and enforce the Ordinances they put in place to ensure the safety and welfare of the Citizens. No one, including Crown Castle, should be allowed to operate outside the laws and regulations of the City. Terry Penn, 2232 Meadow Ridge Lane, Phone: 675-8428, advised the neighbors have been in communication with Crown Castle for over one year. During that time, the original design and placement of the tower have been changed several times. At the initial meeting in March 2014, Mr. Riddle offered, at no cost, to provide an easement exchange between his property and Crown Castle. At the last City Council meeting, the Mayor asked Crown Castle to work with us for a solution. During this time, Council Lady Henley has worked diligently with the neighborhood trying to reach a solution for a compliant tower. The parties have made progress in discussions for the type and location of the tower; however, they are unable to reach an agreement with the height of the tower. The neighbors request the Applicant ask their customers to reduce the height of the tower. Ellen Hollyfield, 2228 Meadow Ridge Lane, Phone: 430-4139, expressed her appreciation to Council Members Henley and Moss for coming to the neighborhood. She requested City Council require the Applicant to be 100% in compliance as safety is the ultimate issue. Ms. Murphy advised the temporary 200 foot tower can only accommodate the wireless users, which is `half the users on this structure. The wireless users have a requirement they have to continuously operate a site once on -air and, in order for this to work, the Applicant must have a temporary structure for them. Also, for clarification, the towers were compliant when built. In the 1980's, the requirement was a setback of 200 feet from an existing residential structure. When the towers were built there were no residential structures. In 1995, the Conditional Use Permit was modified for the construction of the homes, the setback did not apply since they were built subsequently; however, the owner of the property recorded an easement that encumbered those lots, specifying that there will be no more than three (3) March 17, 2015 Item -V-J.2 PLANNING -88- ITEM #64683 (Continued) towers and they would not be any closer to the homes than what they were at that time. The new structure will exceed the current standards as the wind requirements have been reduced for the City; however, Crown Castle will build it to the previous standards that were in place. The Applicant has really tried, within the confines of the existing easement and the private property rights that were established when the easement was established, to work with the neighbors to reach a comparable agreement. Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council, APPROVED and CONDITIONED, AS AMENDED, Application of CROWN CASTLE USA, INC. re Relocation of a Nonconforming Structure (communication tower) on an easement at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CROWN CASTLE USA, INC. re Relocation of a Nonconforming Structure (communication tower) on an easement at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of GPINs 1474952333; 1474952149; 1474952088; 1474943936) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The subject site and tower shall be developed substantially in accordance with the submitted Plan documents marked "Preliminary" and dated 3/9/15 (Rev. D), Site Name: Virginia Beach (Salem Road), Site Address 2231 Meadow Ridge Road, Virginia Beach, Virginia 23456, Sheets Z-1, C-2 and C-3 and prepared by FDH Engineering Innovation. Said Plan documents have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. The access road shall be gated and locked to prevent unauthorized use, additional drainage measures shall be employed, and the road's crush and run shall be repaired after construction. 3. The compound and the surrounding area shall be maintained free of debris and shall be inspected and all debris cleared by the Applicant on a quarterly basis. 4. The older equipment building facing the homes on Meadow Ridge Lane shall be pressure washed and repaired. 5. The height of the tower shall not be increased from two hundred seventy (270) feet, unless such increase is expressly approved by the City Council. 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 Seventeenth day of March, Two Thousand Fifteen March 17, 2015 Item -V-J.2 PLANNING Voting: 10-1 Council Members Voting Aye: -89- ITEM #64683 (Continued) M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer Council Members Absent: None March 17, 2015 1 AS ADOPTED BY THE CITY COUNCIL ON MARCH 17, 2015 2 3 4 A RESOLUTION AUTHORIZING THE RELOCATION OF A 5 NONCONFORMING STRUCTURE ON PROPERTY 6 LOCATED AT 2225, 2229, 2233 and 2237 MEADOW RIDGE 7 LANE 8 9 WHEREAS, Crown Castle USA, Inc. (hereinafter the "Applicant") has made 10 application to the City Council for authorization for the relocation of a nonconforming 11 communication tower located on an easement at 2225, 2229, 2233 and 2237 Meadow 12 Ridge Lane in the AG -1 Agricultural Zoning District; and 13 14 WHEREAS, the tower does not meet the setback requirements of Section 232 of 15 the City Zoning Ordinance, which requires a tower have a minimum setback from a 16 residential structure equivalent to 125 percent of the height of the tower. However, the 17 tower was constructed prior to the adoption of the applicable zoning regulation and is 18 therefore nonconforming; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation 21 of a nonconforming structure is unlawful in the absence of a resolution of the City 22 Council authorizing such action upon a finding that the proposed structure, as relocated, 23 will be equally appropriate or more appropriate to the zoning district than is the existing 24 use; and 25 26 WHEREAS, the proposed tower, as reconstructed, will be located thirty-two (32) 27 feet farther away from the nearest residences than the current tower, and will be 28 reduced in height by ten (10) feet, to a height of two hundred seventy (270) feet; and 29 30 WHEREAS, the Applicant has waived, in writing, any claims to entitlement to 31 raise the height of the tower without the approval of the City Council that may be 32 otherwise allowed by regulations of the Federal Communications Commission to take 33 effect in April 2015; 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the City Council hereby finds that the proposed structure, as relocated, will 39 be equally appropriate to the district as is the existing nonconforming structure under 40 the conditions of approval set forth hereinbelow. 41 42 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 43 BEACH, VIRGINIA: 44 45 That the relocation of the nonconforming structure is hereby authorized, upon the 46 following conditions: 47 48 1. The subject site and tower shall be developed substantially in accordance 49 with the submitted plan documents marked "Preliminary" and dated 3/9/15 50 (Rev. D), Site Name: Virginia Beach (Salem Road), Site Address 2231 51 Meadow Ridge Road, Virginia Beach, Virginia 23456, Sheets Z-1, C-2 and 52 C-3 and prepared by FDH Engineering Innovation. Said plan documents 53 have been exhibited to the Virginia Beach City Council and are on file in 54 the Virginia Beach Planning Department. 55 56 2. The access road shall be gated and locked to prevent unauthorized use, 57 additional drainage measures shall be employed, and the road's crush 58 and run shall be repaired after construction. 59 60 3. The compound and the surrounding area shall be maintained free of 61 debris and shall be inspected and all debris cleared by the Applicant on a 62 quarterly basis. 63 64 4. The older equipment building facing the homes on Meadow Ridge Lane 65 shall be pressure washed and repaired. 66 67 5. The height of the tower shall not be increased from two hundred seventy 68 (270) feet, unless such increase is expressly approved by the City Council Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day March , 2015. CA12867 R-56 March 17, 2015 2 rl Non -Conforming Use -90- Item-V-J.3a/b PLANNING ITEM #64684 The following individuals registered to speak: Ann Crenshaw, Attorney for the Applicant, advised on December 9, 2014, City Council approved a Term Sheet directing the City Staff to develop a Comprehensive Development Agreement with the Applicant and that process continues. The issues that were covered in the Development Agreement will be considered by City Council at a future date. This request is for two (2) limited requests related to the Arena. Specifically, the Applicant seeks a special exemption for alternative compliance to the Oceanfront District Form Based Code for height and an application for major entertainment venue sign associated thereto. The Planning Commission recommended approval and expressed appreciation to the City Staff for their unyielding help in continuing to move this project forward. Barbara Clark, 411 16`'' Street, Phone: 332-3567, Secretary of the Resort Beach Civic League has served on numerous committees working to protect and improve beach neighborhoods of Old Beach, Lakewood and Pinewood. She requests the protection of the neighborhoods that was promised during Form Based Code. On July 12, 2012, City Council adopted Form Based Code, along with Resort Area Parking Strategy Resolution, of which the first goal is to `protect established residential neighborhoods by reducing or removing on -street parking pressures created by the public beach use and the need for business employee parking". They are still waiting for this protection. Every City Plan they read indicates healthy, vibrant and strong neighborhoods are vital to establishing and maintaining a first- class, 'year-round resort but they keep seeing more and more pressures and negative impacts without mitigation or improvements. Prior to moving forward with any new or re -development increasing parking demands, she requests City Council protect the neighborhoods by implementing what was promised. Diana Burke, 1023 Laskin Road, Suite 111, Phone: 428-8015, Executive Director with the Virginia Beach Hotel Association, expressed appreciation to City Council and Staff for the efforts and dedication in evaluating this opportunity. The Arena Project is their Associations number one (1) priority, as it will add a vital component to the area. In 2013, they took a `fact-finding" trip to Greensboro, Raleigh and Charlotte, NC, and visited many of their venues. One of the essential elements learned from the trip was the need for close proximity of the Arena to the Convention Center. Walkability between facilities is key, thus, the location of the proposed Arena next door to the Convention Center is a "must". In addition, the synergy with the hotel inventory infrastructure at the Oceanfront and Town Center allows for economic prosperity for all. As a stakeholder in the hospitality industry, the Association whole-heartedly recommends the continued support of the Arena proposal as it will provide guests and residents sporting and entertainment opportunities beyond compare. William D. Johnson, spoke in SUPPORT of this project. As a minority contractor, he has worked with ESG since 1972 and has worked on other projects at the Beach; specifically, Pacific Sound, Oceanside Condominiums and, his personal favorite, Ocean Breeze Water Park. Barbara Messner, spoke in OPPOSITION to the Special Exception to Form -Based Code and the three (3) huge, lighted signs to market and advertise events. This is discriminatory selective enforcement of a brand new City Code. The City has not received proof of funding from the developer for this proposed project. This project is proposed to be built in the direct path of the F-18 Superhornet Jets and is barely '/ of a mile from the location of the jet crash two years ago. There have been over 25 jet crashes from planes stationed at Oceana. Many of the pilots are fresh out of flight school and are practicing day and night flights. The City has the Convention Center, Sandler Center and the Amphitheater and this project is not necessary. On January 26`'', Councilman Wood stated Developer funding was not available and the March 17, 2015 Item-V-J.3a/b PLANNING -91- ITEM #64684 (Continued) City declined her FOIA Request a few weeks ago stating the "Developer is not ready ". Ms. Messner questioned the reasoning behind this since the deal is not finalized. Ms. Messner questioned the involvement of Wilcox Salvage since Councilman Wood's son is an Associate Attorney with that firm, as well as his mother is a Member of the Planning Commission and, in her opinion, Councilman Wood should not be discussing or voting on this Project. She asked if any members of City Council have financial interest or stock in LiveNation, Ballard Construction, TowneBank, Norfolk Southern, Wells Fargo or Armada Hoffler and if so, requested an opinion from the Commonwealth Attorney or the State Attorney General on potential Conflict of Interest. She does not oppose the Arena; however, she does oppose subsiding the project. George Minns, President of Seatack Community Civic League and representing the Seatack Community, advised they oppose a `premature approval" of the project and request City Council DEFER this matter until further study. The Traffic Impact Study by KimberlyHorn has questionable issues. For instance, the data reflected in the study was from 2005. The main problem with this being considered tonight is how it came about. The Agenda did not even reflect the word "Arena". When Citizens called the City they were told this item was not about the Arena but rather signs for a building that is not even been approved to be built. However, the documents included in the `full Agenda" show the purpose of this request is for the construction of an Arena. His concern is why the Citizens were misled. Although he is not an Attorney, he can research the Code of Virginia and it is his understanding that ordinances and/or amending ordinances call for it to be `public necessity" and an Arena is not a `public necessity". He feels it is very wrong to proceed based on misinformation which is plainly wrong. There are two basic dangers: you have the power for public necessity and one of the first duties of City Council is for public health and safety. He understands the City has received the Navy's approval of this project; however, no one can predict when a jet will crash and he feels this is an accident waiting to happen. Mr. Minns believes there are limitations on City Council's power, according to Virginia Code Section 15.2; however, that issue will be dealt with in another forum. The Seatack residents are concerned about being able to get to the hospital. As you know, Seatack is on the Southside of Virginia Beach Boulevard and 1-264 and the hospital is on the other side. It does not take a tremendous amount of cars before the roads are gridlock and no one wants their loved ones dying in the back of an ambulance while sitting in gridlock traffic because the City did not protect its Citizens. It is their right to have "uniformed government", the right to be safe and not endangered for something that is known or should have been known. In closing, Mr. Minns stated "you can kick some of the people some of the time but this particular time it is threatening our Seniors and whether we will be able to live safely in our homes, this has gone too far and they ask that you DEFER it and get more solid data." Andrew Jackson advised he has not heard a lot of people say they do not want an Arena but has heard them say they do not want it at the proposed location and if it is going to be built at the location, City Council should make sure it is safe. Mr. Jackson has read a lot of documents; however, he is yet to see a complete study. There are a lot of "maybe" "could -be" and "what ifs" and that is what will be voted on because there is nothing concrete. He advised City Council has to stop telling the Citizens you do not care about them that you care about someone else because that is not what you were elected to do. Each of you owe this community trust and when the community cannot trust you to do what is beneficial for them, they will question why you are serving. March 17, 2015 Item-V-J.3a/b PLANNING -92- ITEM #64684 (Continued) Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council, APPROVED and CONDITIONED, Application of UNITED STATES MANAGEMENT/CITY OF VIRGINIA BEACH: DISTRICT 6 —BEACH a. Special Exception re Alternative Compliance to the Oceanfront Resort District Form -Based Code b. Request for major entertainment Venue Signs at 19`x` Street and Virginia Beach Boulevard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of UNITED STATES MANAGEMENT/CITY OF VIRGINIA BEACH: (GPINs 2417866932; 2417766435; and 2417661204) DISTRICT 6 —BEACH a. Special Exception re Alternative Compliance to the Oceanfront Resort District Form -Based Code The following conditions shall be required: 1. The layout of the site shall be substantially as shown on the Site Plans entitled "Virginia Beach Entertainment and Sports Arena Site Plan" dated 1/9/15 by Clark-Nexsen. Said Plans have been exhibited to the City Council and are on file in the Department of Planning. 2. The structures on the Site shall be substantially as shown on the two renderings and transect drawing submitted with the application package on January 9, 2015, which are entitled as follows: "Proposed Virginia Beach Arena, Attachment (6) 1 of 2" "Proposed Virginia Beach Arena, Attachment (6) 2 of 2" "Proposed Virginia Beach Arena, Attachment (7) " Said renderings and transect drawing have been exhibited to the City Council and are on file in the Department of Planning. 3. The design of the building facade for the retail/restaurant space shall be consistent with Oceanfront Resort District Form -Based Code Design Guidelines. Consistency with said Guidelines shall be determined by the Planning Director upon submission of Plans for the building facade. Such Plans shall be submitted to the Planning Director prior to submission of Plans for Building Permits. March 17, 2015 1 Item-V-J.3a/b PLANNING -93- ITEM #64684 (Continued) b. Request for major entertainment Venue Signs at 19th Street and Virginia Beach Boulevard 1. The signs shall be subject to the limitations and descriptions described in the narrative entitled, "Attachment (4), United States Management, LLC (USM), Virginia Beach Arena, Alternative Compliance Application," dated January 9, 2015. Said Narrative has been exhibited to the City Council and is on file in the Department of Planning. 2. The final design of the signs, including structural elements, framing and podium base of the freestanding signs shall be submitted to the Planning Director for review and approval prior to submission of plans for Sign Permits. 3. No audio speakers are permitted with the freestanding signs. Audio speakers on or connected to the wall -mounted sign shall be subject to time and decibel restrictions to be determined by the Planning Director during review of the Plans submitted as required by Condition 2. In no event shall sound from any such speakers exceed the sound levels allowed by the City's Noise Ordinances (Article 2 of Chapter 23, City Code Sections 23-63 et seq), or any successor Ordinance. 4. Signs shall be equipped with a working dimmer control capable of automatically reducing the illumination of the required daytime (sunrise to sunset) and nighttime (sunset to sunrise) levels. 5. Other than video streaming, signs shall not flash or display graphics or images in fewer than eight (8) second intervals. 6. A Sign Package for any additional signs, including directional and way -finding signs, shall be submitted to the Planning Director for review and approval to ensure all signs have a consistent design and are well coordinated with traffic circulation and landscape plans. 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 Seventeenth day of March, Two Thousand Fifteen March 17, 2015 Item-V-J.3a/b PLANNING Voting: 11-0 Council Members Voting Aye: -94- ITEM #64684 (Continued) M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 ROSEMARY WILSON COUNCIL LADY - AT -LARGE Refer to File No. 0054330 City of Virgirzia 1 ;each March 17, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: VBgov.com PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of United States Management for (1) a special exception for alternative compliance to the Oceanfront Resort District Form -Based Code; and (2) approval of major entertainment venue signs; with respect to property owned by the City of Virginia Beach and located between 19th Street and Virginia Beach Boulevard, with the center of the site bring approximately 2,000 feet east of Birdneck Road. 2. Approval of these applications will not obligate the City to enter into an agreement for the construction of an arena. Decisions about whether to enter into such an agreement will be the subject of one or more subsequent votes of City Council. 3. If City Council subsequently approves an agreement for the construction of an arena, that development could affect nearby property and could impact the marketability and value of such properties, which could potentially impact real estate service providers, including Berkshire Hathaway HomeServices Towne Realty. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- March 17, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 4. I am a real estate agent affiliated with Berkshire Hathaway HomeServices Towne Realty, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Berkshire Hathaway HomeServices Towne Realty is my own commissions from my own sales. 5. I personally have no current real estate listings in the immediate vicinity of the proposed arena project. Likewise I am not aware of, and am not currently pursuing, any potential future listing in the immediate vicinity of the proposed arena project. 6. I am a member of a business, profession or occupation, namely real estate service providers, the members of which may currently or at some point in the future be involved in the marketing and sale of property in the vicinity of the arena. To the extent the approval of this transaction may affect property values in the immediate vicinity of the arena project and therefore affect sales commissions, all members of this profession may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Berkshire Hathaway HomeServices Towne Realty is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(4). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/RRI -95 - Item -V-J.4 PLANNING ITEM #64685 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of CHESAPEAKE BAY DISTILLERY, LLC /HOTLINE ENTERPRISES, LLC for a Conditional Use Permit (Craft Distillery) at 437 Virginia Beach Boulevard DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHESAPEAKE BAY DISTILLERY, LLC /HOTLINE ENTERPRISES, LLC for a Conditional Use Permit (Craft Distillery) at 437 Virginia Beach Boulevard (GPINs 2427065699; 2427065658) DISTRICT 6 — BEACH The following conditions shall be required: 1. The Site shall be developed in substantial conformance with the Plan entitled "Chesapeake Bay Distillery LLC," and dated 12/29/2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. A Sign Package shall be submitted to the Planning Director for review and approval before any Sign Permit is issued. All signage on-site shall comply with the Sign Standards in Section 6.3 of the Oceanfront Resort District Form -Based Code. 3. Delivery trucks shall not encroach into the public right-of-way while parked on- site. 4. The existing fence and landscaping along the eastern and southern property lines shall be maintained in good condition or replaced with Category VI Landscaping in accordance with the City of Virginia Beach Landscaping Guide. 5. Any dumpsters on-site shall be screened and landscaped in accordance with the Landscaping Guide. 6. The existing street front landscaping on the site shall be maintained in good condition or replaced in accordance with the Landscaping Guide. 7. The hours of operation for the retail store shall be Monday through Saturday, 10 A.M. to 7 P.M. and Sunday, 1 P.M. to 6 P.M., or as further limited by any relevant license granted by the Virginia Alcoholic Beverage Control Board. 8. There shall be no live or recorded outdoor entertainment. 9. The shopfront windows on the northern facade shall allow views into the ground story for a depth of at least six (6) feet. 10. The business shall not participate in the Residential Permit Parking Program (RPPP). March 17, 2015 Item -V-J.4 PLANNING -96- ITEM #64685 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, Two Thousand Fifteen Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None March 17, 2015 WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0054327 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach March 17, 2015 VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms@vbgov.com Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Chesapeake Bay Distillery, LLC for a conditional use permit (craft distillery) for property located at 437 Virginia Beach Boulevard and owned by Hotline Enterprises, LLC. 2. The applicant has disclosed that it has had discussions with TowneBank—as well as other financial institutions—regarding financial services with respect to this project. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- March 17, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, .,e,(/'%'.'" ---.- William D. Sessoms Mayor WDS/RRI -97- Item-V-J.5a/b PLANNING ITEM #64686 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED, BY CONSENT, Application of VIRGINIA BEACH DEVELOPMENT AUTHORITY re Modification of Proffers Nos. One (1) and Two (2) (approved June 13,1998, and Modified June 25, 1996) at General Booth Boulevard and Corporate Landing Parkway DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon VIRGINIA BEACH DEVELOPMENT AUTHORITY re Modification of Proffers Nos. One (1) and Two (2) (approved June 13,1998, and Modified June 25, 1996) at General Booth Boulevard and Corporate Landing Parkway (GPIN 2415228645) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport , Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -98 - Item -V-J.6 PLANNING ITEM #64687 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit (Indoor Commercial Recreation -Bowling Alley) at 4554 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit (Indoor Commercial Recreation -Bowling Alley) at 4554 Virginia Beach Boulevard (GPIN 1477562034) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan Review, the site shall be developed substantially in conformance with the submitted Site Plan entitled "PEMBROKE MALL SITE PLAN," dated October 29, 2014, and prepared by Cox, Kliewer and Company, P.C. This Site Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of these conditions, the exterior renovation of the building shall be constructed substantially in conformance with the submitted renderings entitled "PROPOSED ENTRANCE UPTOWN ALLEY PEMBROKE MALL, " dated August 19, 2014, and "VIRGINIA BEACH BLVD. ENTRY UPTOWN ALLEY PEMBROKE MALL," dated August 26, 2014, prepared by Cox, Kliewer and Company, P.C. The renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The Bowling Pin Structure is a sign, as defined in Section 210.2 of the Zoning Ordinance, and as such, any alternate location(s) of the Bowling Pin Structure shall require a Sign Permit to be issued by the Zoning Office of the Planning Department. If no permit can be issued for the Bowling Pin Structure (sign), the applicant must seek a variance from the Board of Zoning Appeals, if said sign is still desired. 4. The hours of operation shall be 11:00 A.M. to 1:00 A.M. on Monday through Thursday, 11:00 A.M. to 2:00 A.M. on Friday, 10:00 A.M. to 2:00 A.M. on Saturday, and 10:00 A.M. to 1:00 A.M. on Sunday. 5. Plans for the restaurant shall be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit to operate a restaurant is required prior to opening. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department- Permits and Inspections Division and Zoning Division and the Fire Prevention Bureau. 7. Any on-site signage for the indoor Recreation facility shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. March 17, 2015 Item -V-J.6 PLANNING -99- ITEM #64687 (Continued) This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -100 - Item -V-J.7 PLANNING ITEM #64688 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of 5073 VIRGINIA BEACH BOULEVARD, LLC for a Conditional Use Permit (motor vehicle repair) at 245 Pennsylvania Avenue DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 5073 VIRGINIA BEACH BOULEVARD, LLC for a Conditional Use Permit (motor vehicle repair) at 245 Pennsylvania Avenue (GPIN 1467859257) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The site shall be developed substantially in conformance with the Site Plan exhibit and architectural renderings titled, "EUROTECH SERVICE CENTER," as prepared by GMF + Associates. 2. Per Section 221(i) of the City Zoning Ordinance, the proposed improvements may deviate from the Zoning Ordinance requirements for the B-2 Business District with regard to the front yard setback and side yard (adjacent to a street) setback, as shown on the conditioned Site Plan. 3. There shall be no bulk storage or motor vehicle sales on the subject Site. 4. All signage, including building -mounted signs, shall be in conformance with the requirements set forth in the City Zoning Ordinance. 5. This Conditional Use Permit for Motor Vehicle Repair shall expire ten (10) years from the date of City Council approval. To continue the use of Motor Vehicle Repair after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time 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 Seventeenth day of March, Two Thousand Fifteen March 17, 2015 Item -V-J.7 PLANNING Voting: 11-0 Council Members Voting Aye: -101- ITEM #64688 (Continued) M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -102 - Item -V-J.8 PLANNING ITEM #64689 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, AS MODIFIED, BY CONSENT, Application of TAKE 5 OIL CHANGE, LLC /1928 LASKIN RD, LLC for a Conditional Use Permit (motor vehicle repair) at 1928 Laskin Road DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TAKE 5 OIL CHANGE, LLC /1928 LASKIN RD, LLC for a Conditional Use Permit (motor vehicle repair) at 1928 Laskin Road (GPIN 2407474991) DISTRICT 6 — BEACH The following conditions shall be required: 1. All repair work shall be conducted inside of the building. 2. There shall be no kiosks, temporary tents or canopies allowed on the Site. 3. The applicant shall install Category VI Landscaping along all street frontages. The privacy fence along the Western property line shall be maintained in good condition. 4. No pennant signs shall be allowed on the site. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. All sidewalks depicted in the vicinity of this application shall be replaced by the applicant according to current Public Works Specifications and Standards, which include a five (5) foot minimum width. 7. The pedestrian walkway to the facility from Laskin Road shall be provided in accordance with Section 246(d) of the Zoning Ordinance. The walkway shall be constructed of brick pavers to match the building. 8. Signage for the site shall be limited to: a. traffic control signs b. one (1) monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick c. One (1) building -mounted "OIL CHANGE" sign and oil can logo as depicted in the submitted exhibit entitled "Take 5 Oil Change Laskin Road Site Elements Exhibit" prepared by American Engineering 9. Any dumpster and/or air and vacuum areas shall be enclosed with a solid brick wall to match the building and landscaped in accordance with Section 245(e) of the Zoning Ordinance. March 17, 2015 Item -V-J.8 PLANNING -103- ITEM #64689 (Continued) 10. The site shall be developed in substantial conformance with the submitted Site Plan entitled "Take 5 Oil, , VIRGINIA BEACH, VA 23464," dated 01/28/2015, and prepared by American Engineering. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 11. The building shall be constructed in substantial conformance with the elevation entitled, "TAKES / 5 MINUTE OIL CHANGE," dated 11/03/2014, containing a dark bronze metal room, "Golden Needles" EIFS main color and "Country Cream" EIFS accent color, and prepared by Childrey Robinson Associates, with the exception that the door on the Western facade shall be covered with a metal standing seam roof canopy in accordance with Section 246(d) of the Zoning Ordinance. Said Elevation drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 12. There shall be no bulk storage or motor vehicle sales on the subject site. 13. This Conditional Use Permit for an automobile repair oil change facility shall expire ten (10) twenty (20) years from the date of City Council approval. To continue the use of Automobile Repair - Oil Change Facility after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of the proper application in effect at that time. 14. The four (4) bay overhead doors facing Laskin Road shall remain closed at all times except when customer vehicles cxit through the doors upon completion of service 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 Seventeenth day of March, Two Thousand Fifteen Voting: 10-1 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara N Henley Council Members Absent: None March 17, 2015 -104- Item-V-J.9a PLANNING ITEM #64690 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of BH INVESTORS /ROBERT S. LINDSLEY, JR., EXECUTOR OF THE ESTATE OF EDWIN B. LINDSLEY, JR at 936 Lindsley Drive re: Variance to Section 4.4(d) of the Subdivision Regulations to allow subdivision of lots DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BH INVESTORS /ROBERT S. LINDSLEY, JR., EXECUTOR OF THE ESTATE OF EDWIN B. LINDSLEY, JR at 936 Lindsley Drive re: Variance to Section 4.4(d) of the Subdivision Regulations to allow subdivision of lots (GPIN 2408718599) DISTRICT 5 — LYNNHAVEN The following condition shall be required: 1. The existing parcel, identified as 'Part of B' on the plat referenced below, shall be resubdivided into three (3) lots substantially in accordance with the submitted plat, titled "A Preliminary Subdivision of a Portion of Parcel `B', as Shown on the Division of Property of Edwin B.Lindsley, Jr., MB 59, P. 9," dated 19 September, 2014, and prepared by WPL. Said Subdivision Plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 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 Seventeenth day of March, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -105- Item-V-J.9b PLANNING ITEM #64691 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of RICHARD S. and JUDY L. FOSTER at 3344 Eagle Nest Point re: Variance to Section 4.4(d) of the Subdivision Regulations to allow subdivision of lots DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of RICHARD S. and JUDY L. FOSTER at 3344 Eagle Nest Point re: Variance to Section 4.4(d) of the Subdivision Regulations to allow subdivision of lots (GPINs 1489901705 and 1489903824) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The Site, identified as Lot 1 and Lot 2 on the plat referenced below, shall be resubdivided into three (3) lots substantially in accordance with the submitted plat, titled "Composite Plat of Resubdivision Lots 1 and 2 Parkview Manor — Site E, M.B. 95, PG. 14," dated 10/9/14, prepared by AES Consulting Engineers. Said Resubdivision Plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The conditions of the Variance to the provisions of the Chesapeake Bay Preservation Area Ordinance, granted by the Chesapeake Bay Preservation Area Board on October 27, 2014, are incorporated herein as a condition of the approval of this Variance to the Subdivision Regulations. 3. Navigable water access for Lot IA and Lot IB shall consist of a shared, single access through the Resource Protection Area of the Chesapeake Bay Preservation Area. The shared single access shall be a minimum of four (4) feet in width and shall be located along the top of the bank. The location of the access way shall be indicated on the subdivision plat. 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 Seventeenth day of March, Two Thousand Fifteen March 17, 2015 Item -V -J.96 PLANNING Voting: 11-0 Council Members Voting Aye: -106- ITEM #64691 (Continued) M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -107 - Item -V -J.10 PLANNING ITEM #64692 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of NVR, INC/MUNDEN FARM, LLC re Modification of Proffer No. 3 (Approved March 26, 20062 at Munden Farms Lane and Munden Ridge Drive re lot size DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of NVR, INC/MUNDEN FARM, LLC re Modification of Proffer No. 3 (Approved March 26, 20062 at Munden Farms Lane and Munden Ridge Drive re lot size (GPIN 2414206542) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -108 - Item -V -J.11 PLANNING ITEM #64693 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of MONARCH PROPERTIES, INC. for a Conditional Change of Zoning from R -5D Residential District to Conditional 0-1 Office District at South Rosemont Road re a medical office building DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MONARCH PROPERTIES, INC. for a Conditional Change of Zoning from R -5D Residential District to Conditional 0-1 Office District at South Rosemont Road re a medical office building (GPIN 1485923997) DISTRICT 3—ROSE HALL The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, Two Thousand Fifteen Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None March 17,2015 WILLIAM D. SESSOMS, JR. MAYOR In Reply Refer to 0054329 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach March 17, 2015 VBgov.com MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 385-4581 FAX (757) 385-5699 wsessoms C@ vbgov.com Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Monarch Properties, Inc. for a conditional change of zoning (R - 5D Residential to Conditional 0-1 Office) for property located on the east side of South Rosemont Road, south of Chandler Creek Road. 2. The applicant has disclosed that it has had discussions with TowneBank regarding financial services with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Mrs. Ruth Hodges Fraser -2- March 17, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms Mayor WDS/RRI -109 - Item -V -J.12 PLANNING ITEM #64694 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of ALEXANDRIA PLACE, LLC c/o HAV for a Conditional Change of Zoning from Al2 Apartment to Conditional A-24 Apartment at 5700 Magnolia Chase Way re increased density DISTRICT 1 - CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ALEXANDRIA PLACE, LLC c/o HAV for a Conditional Change of Zoning from Al2 Apartment to Conditional A-24 Apartment at 5700 Magnolia Chase Way re increased density (GPIN 1454883083) DISTRICT 1 - CENTERVILLE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of March, Two Thousand Fifteen Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -110 - ITEM V -K APPOINTMENTS ITEM #64695 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS and HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS — New Construction COMMUINITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD VIRGINIA BEACH HEALTH AD VISOR Y BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -111 - ITEM V -K APPOINTMENTS ITEM #64696 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ROBERT MATTHIAS GINGER PLOEGER KATHYLOWE Two year term: 04/01/2015 — 03/31/2017 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None March 17, 2015 -112 - Item -V-N ADJOURNMENT ITEM #64697 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:54 P.M. Chief Deputy City Clerk R Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia March 17, 2015