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HomeMy WebLinkAboutAUGUST 18, 2015 MINUTESCITY COUNCIL MAYOR WILLIAM,'). SESSOMS, JR.. At -Large V ICE MAYOR LOUIS R. JONES, Bayside - District 4 M BENJAMIN DA I ENPORT At Large ROBERT M. DYER, Centerville - District I 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 .LAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES ('177 MANAGER --JAMES K. SPORE CITY A77ORNEY- MARK D. STILES ClTY.4SSF.SSOR-.IERALD D. BANAGAN CITY AUD17OR -1.3 NDON S. REMIAS CITY CLERK RIJ7H HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 18 August 2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room - A. OFFSHORE ENERGY Robert Matthias, Assistant to the City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: CtycncQ_vbgov.com 4:30 PM 5:30 PM 2. Acquisition and Condemnation of Property Indian River and Kempsville Roads 3. Sale of Restrictive Easement (Brenneman Farm) North Landing Road J. ORDINANCES/RESOLUTIONS Ordinances to DESIGNATE Exemptions from local real and personal property taxes: a. Forever -Home Sanctuary, Inc. b. Let's Open Doors 2. Ordinance to AUTHORIZE acquisition of the right-of-way for Indian River and Kempsville Roads intersection improvements and ACQUIRE temporary or permanent easements by Agreement or Condemnation re changes to previous authority granted March 17, 2015 3. Ordinance to DECLARE, under the Encroachment Partnering Agreement, a restrictive easement for property off North Landing Road in the Interfacility Traffic Area (ITA) to be EXCESS and AUTHORIZE its sale to the United States Navy 4. Ordinance to AUTHORIZE acceptance of any interest the Development Authority may have in London Bridge Creek to the City of Virginia Beach; and,GRANT permission to 2798 DEAN, LLC to encroach into a portion of London Bridge Creek 5. Ordinance to AUTHORIZE revisions to the Housing Choice Voucher Administrative Plan re persons with intellectual and developmental disabilities and Homeless assistance; and, the City Manager to submit the Plan to the United States Department of Housing and Urban Development (HUD) 6. Resolution to AUTHORIZE EMS Permits re private ambulance service: a. Delta Medical Transport, Inc. b. Heart Song Care Transport, Inc. 7. Resolution to APPOINT Jennifer Farr -Brewer as Deputy City Clerk II, effective August 22, 2015 8. Ordinances to ACCEPT and APPROPRIATE: a. $2,600,000 to purchase 2272 Old Pungo Ferry Road from Pitsilides Land Trust, re open space preservation b. $192,100 in donations to VB HomeNow Foundation through Housing and Neighborhood Preservation re: the Housing Resource Center c. $65,000 from Virginia Criminal Justice Services to Police re internet crimes against children d. $400 from the Fire Gift Fund re to Fire Station Nine K. PLANNING 1. VICTORIA PARK HOMEOWNERS ASSOCIATION, INC for Closure of the right-of-way known as Guernsey Way re open space DISTRICT 7 — PRINCESS ANNE RECOMMENDATION DENIAL 2. STUDIO EVOLVE, LLC & MT. TRASHMORE OFFICE, LC for Modification of Conditions of a Conditional Use Permit re expansion of a Tattoo Parlor (approved May 11, 2010) at 512 South Independence Blvd DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 3. 2798 DEAN LLC, for a Conditional Use Permit re bulk storage at 2798 Dean Drive DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 4. FUN SPOT AMUSEMENTS, LLC, for a Conditional Use Permit re inflatable outdoor recreation at 304, 306 and 308 22nd Street. DISTRICT 6 — BEACH STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL 5. LARAE TUCKER and KRISH ENTERPRISES, LLC, for a Conditional Use Permit re a convenience store and fuel sales at 300 South Rosemont Road DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 6. PF HILLTOP and REGENCY HILLTOP ASSOCIATES, LLP for a Conditional Use Permit re a gym and fitness center at 1944 Laskin Road DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 7. MARK and KENNY SAMTANI and MAHAKAAL 1600 LLC, for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form -Based Code re a commercial building at: a. 1602 Atlantic Avenue b. 2904 Atlantic Avenue DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 8. CITY to AMEND Section 111 of the City Zoning Ordinance (CZO) re Definition of Family Day - Care Home RECOMMENDATION APPROVAL L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD — CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG SOUTHEASTERN PUBLIC SERVICE AUTHORITY — SPSA THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 8/18/15 st -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 18, 2015 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefing, in the City Council Conference Room, Tuesday, August 18, 2015, at 4:30 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson, and James L. Wood Council Members Absent: Shannon DS Kane Family vacation Mayor Sessoms reminded City Council of the upcoming City Council Retreat on Monday, August 24`x`, at Economic Development. Therefore, the Workshop scheduled for Tuesday, August 25`x` is cancelled. August 18, 2015 -2 - CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 4:30 P.M. Mayor Sessoms welcomed Robert Matthias, Assistant to the City Manager. Mr. Mathias expressed his appreciation to City Council for their continued support. Councilman Moss advised he was going to excuse himself from the "Offshore Wind" portion of this presentation as he has abstained each time this matter has come before City Council. Mr. Mathias advised City Council receives an update each year regarding this project. The last briefing was August 28, 2014: August 18, 2015 -3 - CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) The Port Readiness Study showed four (4) primary sites with unobstructed access to the Atlantic Ocean: Below are the Virginia Offshore Wind Development (VO WDA) Activities. Virginia Offshore Wind Development (VOWDA) Activities Wind Force Research • Floating LIDAR • Metocean Data Collection • Work with NASA Langley & NOAA Mid -Atlantic Baseline Studies • Surveys on Birds, Sea Turtles, Whales, etc. Whale Migration Study • Led by Virginia Aquarium Coast Guard Atlantic Coast Port Access Study Virginia Offshore Industry Data Identify Federal & State Barriers to Wind Development Offshore Wind Project Siting & Development August 18, 2015 is CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below are the Mid -Atlantic Wind Energy Areas: 4' Mid -Atlantic Wind Energy Areas Below is the Virginia Wind Energy Area, approximately 24 Nautical Miles off -shore: August 18, 2015 -5 - CITY MANA 5- CITYMANA GER'S8RIEFING OFFSHORE ENER G Y ITEM #65099 Below are the Virginia Supply Chain Companies that could support the entire supply Below are the primary objectives of the VDAZAP VOWTAP Primary Objectives �Todesign, develop, and demonstrate uutatn'of-theart grid -connected 12megawatt (nw), offshore wind research facility off the coast ofVirginia. Employ technology innovations and research that will inform and benefit future commercial scale offshore development inthe United States. Develop technologies and processsolutions that will cost- effective renewable energy solution for the United States. August //(20/J M CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) The Alstom Turbine has 241 foot turbine blades with 492 foot diameter. There are no ships in the United States that can actually lift these turbines and, as such, the ship must come from Europe. The rates are very expensive: 241 ft. Turbine Blades 492 ft. Diameter Rotor rLl�. ' I a t t I� u . a 325 ft. B ihuponALSt rM PURE 'URQtE ¢ b y NT 1:1 d baa /� / STfy,�M o .s MLV dirmtl x—.,d-b arable for ail of(she mrdrlinns AL.7 {yd Pmpamisirq an relaN'I,- R[ , M., a l^edmg ca;! of 01hme <lre5v wmle srkat i±L wPylyingfre[ViGPPwer foe oP fn S,WPIreuS¢hdds. ,a The Alstom Turbine has 241 foot turbine blades with 492 foot diameter. There are no ships in the United States that can actually lift these turbines and, as such, the ship must come from Europe. The rates are very expensive: 241 ft. Turbine Blades 492 ft. Diameter Rotor ' I a t t I� u . 325 ft. B ihuponALSt rM PURE 'URQtE ¢ b y NT 1:1 d baa /� / STfy,�M o .s MLV dirmtl x—.,d-b arable for ail of(she mrdrlinns AL.7 {yd Pmpamisirq an relaN'I,- R[ , M., a l^edmg ca;! of 01hme <lre5v wmle srkat i±L wPylyingfre[ViGPPwer foe oP fn S,WPIreuS¢hdds. ,a trlatt¢ August 18, 2015 -7 - CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below is the status of the VOWTAP Project: VOWTAP Project Status Dominion asked for bids to build the two 6MW Turbines. Only bid was for $375M (no CAP) Dominion (working with VOWDA) has begun a mediation process. Possible outcomes: • Less Technology • Bidding process improved • Experience Sharing • Loss of project Below is the Market Reality of the project: Market Reality a Dominion Power is building a 1.6 GW Combined Cycle Gas Plant for $1.3B in Greenville County Dispatchable High Efficiency Relatively low emissions Would add a `Rider" to consumer bills of 75 cents/month August 18, 2015 M CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) The biggest distinction for Offshore Energy is the cost of Natural Gas. There is a tremendous amount of Natural Gas available in the United States, with two (2) major pipelines in Virginia under consideration: August 18, 2015 in CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below is the Offshore Oil and Gas Activity: Below are the areas where wells were drilled back in the late 70's: August 18, 2015 t r' August 18, 2015 -10 - CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below is the Virginia Offshore Program Area as presented by Mining Mineral Services: Virginia Offshore Program Area as presented by MMS Outer continental shelf to deep sea Region includes Norfolk and Washington Canyons b; Potential effects of �liit9 onshore activities and ak pipelines across the shelf and into nearshore areas h r must also be considered 1, � commermi snerc � , cwum�m�t Shue ,000 �rd1d10A�+3� fliee ,'q0 Continents( Grust c August 18, 2015 -11 - CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below are the core objectives of Offshore Minerals Management: Below are the Offshore Development Opportunities: Offshore Development Opportunities Diversify the region's economy. Creating jobs in a new industry will help diversify the economy away from our overreliance on DOD spending. As mentioned in the previous slides , there is a tremendous amount of commonality between the offshore wind supply chain, job skills, and offshore oil and gas development. The regions upriver shipyards, Newport News Shipbuilding, and Drydock Company/Huntington Ingalls, will be natural foci for job creation. Up to 25,000 new fobs could be created through the development of Offshore Oil and Gas off Virginia. This number could increase markedly if Hampton Roads became the port of service for development off Maryland and North Carolina (predictions from McDonnell administration, and others). August 18, 2015 -12 - CITY MANA GER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) "Royalty Payments " should be considered more like "Revenue Payments ".- Royalty : Royalty Payments Royalty payments from offshore oil and gas are currently not authorized under federal law for the area off the Atlantic Coast. Efforts are underway at this time, spearheaded by Congressman Scott Rigel[ to amend the federal code to allow such payments. It is estimated that if the Federal code were changed, as much as $300M a year could flow to the Commonwealth/Hampton Roads (predictions from McDonnell administration, and others) These funds could be used for purposes as proscribed by Congress, or the Virginia General Assembly. It is hoped that funds could be dedicated for Hampton Roads needs such as transportation, education or addressing Sea -Level Rise impacts. These funds would NOT reduce existing royalty payments to other states. Royalty Payments (Cont.) Since these resources are federally owned, oil & gas must be extracted if possible because of BOEM requirement and Market Reality Existing Formula- Beyond 6 miles 18.75% for oil, and 12.5 % for gas. A combined 37.5% share of bonuses, rents, and royalties. August 18, 2015 -13 - CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below are the risks from Offshore Oil & Gas development: Risks From Offshore Oil & Gas Development Oil spills, blowouts, oil or other residue on beaches Loss of income, damage to Virginia Beach resort "brand", long-term residual economic impacts to City/Commonwealth. Loss of anticipated royalty payments Ship collisions, groundings, other accidents Disruption /conflict with military operations Below is the Mitigation of Risks: Mitigation of Risks Prior to the BP accident in the Gulf of Mexico one agency the Office of Minerals Management Services(MMS) was responsible for promoting offshore and gas development and enforcing the regulations. Three separate organizations were then created 1 Office of Natural Resources Revenue. 2 Bureau of Ocean Energy Management (BOEM) responsible for managing development in an environmentally and economically responsible way. 3 Bureau of Safety and Environmental Enforcement(BSEE) created to enforce safety and environmental regulations. g These actions separated revenue generation from environmental regulation. There were also substantial additional environmental regulations adopted for offshore and gas development. Additional regulations were also recently proposed by the Obama Administration. August 18, 2015 -14 - CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below are the Natural Processes of Mitigation: Natural Processes of Mitigation All and gas development will be at least 50 miles offshore. The cold dense southward flowing Labrador current is thought to act as a partial barrier to spills coming ashore. The northeastward flowing Gulfstream is adjacent to the oil and natural gas development area and could sweep spills away. Additional Natural Mitigation s� Coastal Current 717 Ki J 4 Lease Block f_ tH Gulf Stream ©CS Study MMS -2009-011 Eddies August 18, 2015 -15- CITYMANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below are other concerns and the Lease Block 220 announcement: Other Concerns The Department of Defense has produced a map showing areas were activity of oil and gas development could and could not take place. DOD is currently re -reviewing these possible activities. (completion expected summer 2015) Everyone involved has pledged to keep the concerns of DOD foremost in the decision-making process. NASA /Wallops Island has also expressed concern. Lease Block 220 Bureau of Offshore Energy Management (BOEM) announced in January 2015, it's draft strategy for next 5 - year Offshore Oil and Leasing Program for 2017-2022. Includes the Potential lease sale late in the 5 -year program (2017-2022) for a portion of the Mid Atlantic Outer Continental Shelf Offshore, Virginia, and North Carolina. Leases are a minimum of 50 miles offshore extending to 200 miles. August 18, 2015 -16 - CITY MANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below are the DOD restrictions to Lease Block 220 Lease Block 220 DOD Restrictions '00'1&flea ]2o i $ ut _ Sraf tqe It �.� zy Below is the 5 -year OCS Leasing Plan Development Timeline: 5 -year OCS Leasing Plan Development Timeline A. June 2014 - BOEM to b E egin process with Caltforinformatian . Public comment period B. Early 2015 - Draft Proposed Program published Public comment period Public hearings (EIS Scoping) C. tate 2015JEarly 2016 - Proposed Program published Public Comment D. Late 2016/Early 2017 - Proposed Final Program published 60 -day period with Congress E. 2017 - Final Program announced (Timvig for itcrms B �n E aro os:imates bxseC on past exPa+Cwnce_) August 18, 2015 -17 - CITY MANA GER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below is the Atlantic Proposed Program Area: Atlantic Proposed Program Area Potential of 130 million barrels of oil (based on 30yr. old seismic study). 1.4 trillion cubic ft. of Natural Gas (based on 30 year old studies). BOEM Draft 2017-22 Lease Program estimated 2.42 Bbo 33.38 TcF in Mid Atlantic area which could be serviced by Hampton Roads Below are the recent developments: Recent Developments BOEM has signed an agreement with the National Academies to establish a new- standing committee on environmental science and assessment for offshore energy and mineral resources. August 18, 2015 -18- CITYMANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) "BOEM Permitting for New Geological and Geophysical Data Acquisition ....._________....... Eleven applications were Anaptic FermitApplications received a One permit has been issued m = Two applications were .....• � ,, withdrawn _ a Eight applications are still pending review by National Marine Fisheries o Service (NOAH) V -„ Issuance expected Spring L' o 2016 Below are Policy Options for City Council on Offshore Oil and Gas Development: Policy Options for Council on Offshore Oil and Gas Development Take no action — current position applies (Resolution February 23, 2010) �= Receive additional information — briefings, etc. Oppose with Resolution Wait for new information — possible change in DOD maps, etc. Wait until after Presidential elections — possible new directions. August 18, 2015 -19 - CITY MANA GER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) 80% of Oil Wells in the Gulf Coast are located in Port Fourchon, Louisiana: The picture below is the helicopter field that services the oil wells in Port Fourchon: August 18, 2015 -20- CITYMANAGER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Below are the documents provided to City Council to assist in considering a course of action: Appendix Current position of Virginia Beach City Council z Congressional letter on Royalties Letter of opposition from Virginia Beach Hotel Assoc. Letter of opposition from Restaurant Assoc. Letter of support from Virginia Beach Hotel Assoc. Letter of opposition from Resort Advisory Commission I August 18, 2015 -21- CITY MA NA GER'S BRIEFING OFFSHORE ENERGY ITEM #65099 (Continued) Mayor Sessoms expressed his appreciation to Mr. Matthias for all of the work to ensure City Council stays apprised of the latest developments regarding this Project. August 18, 2015 REQUESTED BY MAYOR SESSOMS 1 A RESOLUTION SUPPORTING OFFSHORE OIL AND GAS 2 EXPLORATION WITH ROYALTY PAYMENTS TO 3 ATLANTIC COAST STATES 4 5 WHEREAS, the Commonwealth of Virginia imports more electricity than all but 6 two other states; and 7 8 WHEREAS, according to the Department of Interior -Mining Minerals Services, as 9 much as 3.25 billion cubic feet of natural gas may be located off the coast of Virginia; 10 and 11 12 WHEREAS, the Department of Interior is in the process of considering the 13 leasing of Block 220 off the coast of Virginia for offshore oil and gas exploration; and 14 15 WHEREAS, there are several bills in the General Assembly of Virginia promoting 16 the exploration and possible production of oil and gas from those fields; and 17 8 WHEREAS, the development of an offshore oil and gas industry would create 19 thousands of jobs in Hampton Roads and produce hundreds of millions of dollars worth 20 of revenue to the Commonwealth and local governments. if the Federal Royalty Law was 21 amended to allow not only Gulf and Pacific states but also Atlantic Coast states like 22 Virginia to receive offshore royalties; and 23 24 WHEREAS, the Mayor created the Alternative Energy Task Force to look at 25 energy needs of Virginia Beach and the Commonwealth; and 26 27 WHEREAS, the Alternative Energy Task Force has identified U.S.-produced oil 28 and gas as bridge sources until alternative sources such as wind become more mature 29 and usable; and 30 31 WHEREAS, it is believed that this oil and natural gas exploration can be done in 32 an environmentally sound manner; and 33 34 WHEREAS, there are many alternative uses for natural gas for energy 35 production, and natural gas is one of the cleanest sources of energy production. 36 37 NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINLA TH^.T: .39 40 1. City Council endorses exploration for the development of oil and natural 41 gas off the coast of Virginia in Lease Block 220, which is more than 50 miles from the 42 coast of Virginia Beach; and 43 44 2. City Council endorses this development because of the need to create 45 more American -controlled energy resources; and 46 47 3. It is the sense of Council that oil and natural gas should be developed as a 48 bridge until other alternative energy sources such as wind and biodiesel are developed. 49 50 BE IT FURTHER RESOLVED THAT: 51 52 1. City Council requests that Congress amend the legislation concerning 53 royalty payments to states where oil and natural gas exploration occurs so that Virginia 54 can receive royalties from this oil and natural gas development; and 55 56 2. City Council supports legislation in the General Assembly that would 57 dedicate a portion of the royalties arising from the aforementioned production to be 58 dedicated to transportation to improve the quality of life and the competitiveness of 59 Virginia; and 60 61 3. City Council requests Congress to allow for royalty payments to Atlantic 62 Coast states as is done in the Gulf of Mexico and further requests Congress to amend 63 the royalty area maps so that the boundaries for the Atlantic Coast states are an east - 64 west line between the states; and 65 66 4. Any offshore exploration or development must be done so as to not impact 67 military readiness and operations so complete coordination with all defense agencies, 68 especially the United States Navy, is paramount; and 69 70 5. The City Clerk shall provide a copy of this resolution to the City's -71 Congressional Delegation, the City's Local Delegation to the General Assembly, and the 72 Governor of Virginia. Adopted by the Council of the City of Virginia Beach this 23rd day of February , 2010. " _ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 11384 R-1 February 12, 2010 nitd' S;tatcs'� cHatc WASHINGTON, CSC 20510 April 7, 2015 Chairman Lisa Murkowski Ranking Member Maria Cantwell Energy and Natural Resources Committee Energy and Natural Resources Committee United States Senate United States Senate 304 Dirksen Senate Building 304 Dirksen Senate Building Washington, DC 20510 Washington, DC 20510 Dear Chairman Murkowski and Ranking Member Cantwell, We write to express our support for the inclusion of revenue sharing legislation in any offshore energy access legislation that the Energy and Natural Resources Committee may consider this Congress. As you know, the Mid- and South -Atlantic was included in the recently released Draft Proposed 2017-2022 Five Year Outer Continental Shelf (OCS) Leasing Program (DPP). We strongly believe that offshore energy and revenue sharing for coastal states go hand- in-hand and that any legislation considered by the Committee should reflect that view. Offshore energy exploration can be an opportunity to diversify the economy and create jobs in the Mid- and South -Atlantic region, as well as a means to lessen our national reliance on foreign sources of energy. The offshore industry has coexisted with the military and commercial industries like fishing and tourism in other areas for many years, and we believe that oil and gas development can take place on the Outer Continental Shelf alongside our shared efforts to protect our waters and shoreline. In the Mid- and South -Atlantic as in the Gulf of Mexico. we all agree on the principle that coastal states deserve a portion of the revenue from energy production. Bipartisan support for oil and gas development on the Atlantic OCS can be found at the federal, state and local levels. Our states want the opportunity to create new jobs, generate new revenue and make the United States more energy secure. As you work to develop energy legislation in the 114"' Congress, we would appreciate the committee's consideration of revenue sharing so that Mid- and South -Atlantic states are provided a fair revenue share alongside Gulf Coast states. We look forward to working with you as you look to shape future offshore energy policy. Sincerely, 1#a,,k oC 4 "tel Mark R. Warner United States Senator A,..-, Z.-� - Ti . Cott United States Senator Lindsey Gr am United States Senator Tim Kamm, United States Senator 4 Richard Burr Johnny Isa cson United States Senator f David Perdue United States Senator United States enator r Thom Tillis United States Senator Virginia Beach' ... Hotel Association Mark Smith Crowne Plaza Hotel On Monday, May 4, the Virginia Beach Hotel Association Board voted to Axel Suray oppose the pursuit of offshore drilling along the Virginia Coastline. We join in Gold Key/PHR the skepticism expressed by more than forty other coastal communities from AndrewVakos New Jersey to Florida. The Oceanfront Inn Executive Director Our decision was not reached lightly, as we understand the need to diversify our state's economy. Although diversification of our economy is of great Diana H. Burke importance, we cannot in good conscious support a potential industry if it in any Executive Office Manager way compromises the well-being of an already proven industry. The potential for environmental catastrophe, however slight, is far too great a liability to Deborah G. Buringa assume on such a beautiful asset we take for granted every day. Instead, our board is focused on promoting year-round visitation to our resort city, and supports all efforts to achieve that both successfully and safely. May 7, 2015 Board of Officers Honorable Mayor William D. Sessoms Joseph DaBiero, President Best Western Plus Virginia Beach Municipal Center Duane Gauthier, Vice President City Hall, Building #I Commonwealth Lodging Management 2401 Courthouse Drive Russell Lyons, Treasurer Virginia Beach, Virginia 23456 Coastal Hospitality Associates Stacey S. Shiflet, Secretary VB Resort Hotel & Conference Center Dear Mayor Sessoms, Verne Burlage, Past President Budage Management In recent months, the issue of offshore drilling along the coast of Virginia has come to the forefront of discussion within our community. After receiving Board of Directors numerous inquiries as to the VBHA's position on offshore drilling, our James Capps association educated ourselves on the pros and cons of the issue. We engaged The Breakers Resort Inn the expertise of numerous elected officials, businessmen, lawyers, Michele Colson environmentalists and our own membership in pursuit of clarity on this VSA Resorts contentious matter. Sharon Fenton Newcastle Hotel The Virginia Beach Hotel Association is tasked with supporting and advancing Christine Geist Wyndham Virginia Beach Oceanfront the local hospitality industry, as well as educating others on its incredible Rachel Inman importance to the health of our community. With this mission in mind, our Holiday Inn & Suites North Beach search for understanding focused chiefly on the benefit or harm that offshore Oliver Joyner drilling would pose to our hospitality community. We also weighed the effects The Capes Oceanfront Resort such an industry would have on our local and state economy, as well as our Henry Richardson Econo Lodge on the Ocean environment. Mark Smith Crowne Plaza Hotel On Monday, May 4, the Virginia Beach Hotel Association Board voted to Axel Suray oppose the pursuit of offshore drilling along the Virginia Coastline. We join in Gold Key/PHR the skepticism expressed by more than forty other coastal communities from AndrewVakos New Jersey to Florida. The Oceanfront Inn Executive Director Our decision was not reached lightly, as we understand the need to diversify our state's economy. Although diversification of our economy is of great Diana H. Burke importance, we cannot in good conscious support a potential industry if it in any Executive Office Manager way compromises the well-being of an already proven industry. The potential for environmental catastrophe, however slight, is far too great a liability to Deborah G. Buringa assume on such a beautiful asset we take for granted every day. Instead, our board is focused on promoting year-round visitation to our resort city, and supports all efforts to achieve that both successfully and safely. While we presently stand in opposition to offshore drilling, we absolutely continue to advocate for the further research and clearer facts on the matter. Our primary cause of concern throughout our due diligence has been the lack of cohesive, substantive, and unbiased information. The facts are simply not clear on the matter. We feel it is in the best interest of all to slow down and re-examine this issue. We also hope that progress will be made in addressing the concerns of coastal communities like ours, who currently inherit much of the risk without any clear benefits. If progress can be made to address this underlying issue, as well as the ability for states and local communities to receive just compensation for this increased risk, we are more than willing to revisit our position. In the meantime, we urge any interested parties to reach out, further educate our association, and provide us with more substantive data and facts. Sincerely, Joseph DaBiero President cc: Virginia Beach City Council Ruth Hodges Fraser, Virginia Beach City Clerk 1023 Laskin Road, Suite 111 • Virginia Beach VA 23451 757-428-8015• Fax: 757-425-3760 VirginiaBeachHote]Association. com i� XTRA March 25, 2015 CERTIFIED US MAIL VIRGIINPIA MACH RL-ST:AURANT ASSOCIATION Attention: Mr. Geoffrey L. Wikel, Acting Chief, Division of Environmental Assessment, Office of Environmental Program (HM 3107), Bureau of Ocean Energy Management, 381 Elden St. Herndon, VA 20170-4817 RE: Scoping Comments for the 2017-2022 Proposed Oil and Gas Leasing Program Programmatic EIS Dear President Obama and Secretary Jewell; As board members of the irrginia Beach Restaurant Association-(iBRA), we have recently voted to appose the 2017- 2022 BOEM, offshore oil and Gas Leasing Program for the Mid -Atlantic Coast, which includes the Commonwealth of Virginia. We did not take this decision lightly. We sincerely want what is best for our community, our state and nation. At this point, however, we feet there are too many unanswered questions related to this proposal. The VBRA is composed of a diverse group of restaurants and food retail establishments who contribute to our local economy and tax base, so we consider this a vital issue to our economic welfare. For over'a century, tourism and tourism -related business in Virginia Beach - including restaurants, lodging, recreational activities among others - are not only a primary part of our city's tax base and business foundation, they are emblematic of Virginia Beach. There are many important parts to our local economy, but tourism is without question our most important part. It has grown from a seasonal industry of quaint Oceanside cottages and salt water taffy to one that is active 365 days a year. Virginia'sbeaches account for almost 10 percent of our state's tourists, and restaurant sales in Virginia Beach have exceeded more than $1 billion for the past two years. The successor failure of our industry depends on a number of factors, not all of them within our control. Going forward with the BOEM program, as we understand it, could well be detrimental to our industry. We concerned that if the program is approved, disasters like the Deepwater Horizon nil rig that exploded and killed 11 people in the Gulf of Mexico in April of 2010 could possibly occur here. More than 200million gallons of crude oil were pumped into the Gulf of Mexico for a total of 87 days, making it the biggest oil spill in U.S. history. Over 16,000 total miles of coastline have been affected, including the coasts of Texas, Louisiana, Mississippi, Alabama, and Florida. Even though the gushing well was capped in July 2010, oil is stili washing up on shores, which will likely cause long-term damages to people living in the area. This kind of disaster would cripple our industry and economy. Proponents of the proposed BOEM program point to the economic benefits of such a proposal. These "benefits" are not clear to us and have not been made clear at any point since this proposal was revived this past year. We understand that your administration created a $20 billion spill response fund for the Gulf disaster (we do not think that it is economically prudent for this type of measure to be repeated for the mid-Atlantic region). We also know that British Petroleum is responsible for close to $40 billion in fines, cleanup costs, and settlements as a result of the oil spill in 2010, with an additional $16 billion due to the Clean Water Act. This is a major concern to us, and a warning of what we could be dealing with in the future. (� Page 2 s t gt�a March 25, 2015 k RE: Scoping Comments for the 2017-2Q22 Proposed C1i1 and Gas Leasing Program Programmatic EIS v'IFGI i�TI?: BE.A�,H rssrAur .:I =aoc. 'ION T o this day, the Gulf is stiff polluted with oil and materials used to combat and clean up the spill. When you add these tweigh these economic costs? costs together, you must ask: Do the economic gains from such a program ou An often underplayed lesson we can also learn from the Gulf is the reality of smaller oil spills and environmental disasters occurring on the coast every day. The risk of a big spill from miles offshore is great, but developing this resource would bring certainty that the Virginia coast will be stained with smaller spills from oil tankers and storm - damaged infrastructure and carved up with pipelines and refineries. The dirty industrialization of the coast required to support the oil industry will be at odds with the strong existing tourism and fishing industries dependent on clean beaches, water, and fisheries. We hope you understand the major concerns that our Coastal Virginia communities will have to face because of the destructive transformation that is most likely to occur once the oil and gas industries make a home off of our coast. We do not mean to play the role of combatants on this issue - we welcome any information, facts or discussions that you might have that would further enlighten us and put to rest the fears and concerns our members have on such a vital issue. As we mentioned, however, our livelihoods and the success of our city and its economy rests squarely on tourism and its collateral industries. The threats and concerns of such a program have initiated a great number of discussions about this throughout our industry. from the Virginia Beach Restaurant Association board's perspective, the BOEM proposal would not provide any benefits to our thriving and growing hospitality industry. it was also clear to the board that the proposal presented potential significant harm to our environment. We share the concerns voiced by the United States Navy in feeling that this proposal would not be beneficial to our community. We believe that this is true not only because of the potential negative financial impact that could result, but also for the well-being of our customers and the future of our families. We respect your position in this matter, and we welcome any information you feel we should be aware of so that we can inform our members. Respectfully, /f ' Gambrel, President L ura Wood Habr, Vice Presi en8 t William� Virginia Beach Restaurant Association cc: Virginia Beach Restaurant Association Board Members; Senator Tim Kaine; Senator Mark Warner; Congressman Lt Governor Ralph Northam- Senator McWaters; Senator Frank Scott Rigel; Governor of Virginia Terry McAuliffe; Wagner; Delegate Barry Knight; Delegate Chris Stolle; Delegate Bill DeSteph; Delegate Ron Villanueva, Delegate Glen Davis; Mayor Will Sessoms and Virginia Beach City Council members; Jim Spore, Virginia Beach City Manager; Doug Smith, Virginia Beach Deputy City Manager; Robert Matthias, intergovernmental Relations; Jim Ricketts, Virginia Beach Convention and visitors Bureau, Director of Tourism; Mike Eason, Virginia Beach Resort Advisory Commission; Eric Terry, President, Virginia Hospitality And Travel Association r'T Hitel-Matet /Lssorkati©n K7%yµ;N7bhMCL COTU May 22, 2009 Stacey S. Patrick VB Resort Hotel & Conference Center The Honorable William D. Sessoms Jr. David Pender City Hall, Building # 1 Wyndham Virginia Beach Oceanfront 2401 Courthouse Drive Henry Richardson Virginia Beach, VA 23456 Executive Committee Verne Burlage, President Dear Mayor Sessoms, Burlage Management Joseph DaBiero, vice President In its May 2009 Meeting, the Virginia Beach Hotel Motel Association Board passed the Best Western Oceanfront VA Beach following motion regarding alternative energy exploration: Oliver Joyner, Treasurer The Capes Oceanfront Resort The Virginia Beach Hotel Motel Association's Board of Directors supports exploration Duane Gauthier, Secretary for alternative energy sources off the coast of Virginia, to include oil, natural gas, and SpringHil! Suites VA Beach Oceanfront wind. Our position is predicated on the fact that exploration or extraction will have no Linwood Branch, Past President adverse implications on the hospitality industry, as presented by the Virginia Coastal Energy Research Consortium. The VBHMA requests to be involved in discussions on Board of Directors this issue as it moves forward, and furthermore would suggest that royalties from alternative energy sources derived off the coast of Virginia be earmarked for the much James Capps The Breakers Resort Inn needed improvements to our State's roads, tunnels and bridges. Sharon Fenton Newcastle Hotel Additional thoughts from the VBHMA include the following: Mike Kreider Wyndham Virginia Beach Oceanfront .More domestic energy sources will help stabilize energy prices; wild price fluctuations Terry Lavey are harmful to our industry Hilton Virginia Beach Oceanfront Mitchell -Using revenues from energy production for transportation needs will be beneficial for Donna Crestline Hotels and Resorts tourism, and help to break the stalemate with state transportation funding Stacey S. Patrick VB Resort Hotel & Conference Center .The information we have reviewed shows that these energy initiatives can be done in an David Pender environmentally responsible way Wyndham Virginia Beach Oceanfront Henry Richardson -These initiatives will create jobs Econo Lodge on the Ocean Ellen Ruane The VBHMA Board of Directors respectfully requests that we be included in discussions The Founders Inn and Spa on these energy exploration initiatives, as it will allow us to influence policies that will Andrewvakos ensure a vibrant tourism industry in Virginia Beach. The Oceanfront Inn Elizabeth Weller Please contact me for further discussion on this or any issue in relation to the VBHMA. Gold Key/PHR Executive Director Sincerely, Nancy Perry Verne Burlage, President l� Virginia Beach Hotel Motel Association c: Virginia Beach City Manager & City Council Members; VB General Assembly Delegation; VA Senators; Congressmen Glen Nye, Randy Forbes, Robert Scott, James Moran; U.S. Senator Mark Warner, James Webb; Terry McAuliffe and Robert McDonnell 1023 Laskin Road, Suite III • Virginia Beach, 1A 23451 757-428-5015 9 Fax: 757-425-3760 htfAbilmaxoin VIRGINIA 1HE13j,LC`H" May 15, 2015 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center — Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Resort Advisory Commission 2101 Parks Avenue, Suite 302 Virginia Beach, Virginia 23451 (757) 385-4800 FAX (757) 422-3666 Re: 2017-2022 BOEM Offshore Oil and Gas Leasing Program for the Mid -Atlantic Coast including the Commonwealth of Virginia Dear Mayor Sessoms and Council Members: The Resort Advisory Commission at its May 6, 2015 meeting voted to oppose offshore oil exploration as an energy resource option off the coast of Virginia. The Commission based the decision on recently received presentations from Bob Matthias, Office of the City Manager who discussed the potential economic impacts and Eileen Levandoski of the Sierra Club along with Caroline Wood of OCEANA who discussed the potential environmental impacts. This was in addition to a briefing by Delegate Frank Wagner in 2008 regarding offshore oil exploration technology and resources. The Commission voted favorably for wind energy exploration in the recent past. Following opposition votes by the Virginia Beach Hotel Association and Virginia Beach Restaurant Association, the Commission voted to oppose offshore oil exploration due to the vulnerability of our coast and beaches to catastrophes that may adversely affect our tourism industry for decades. We trust the City Council will re-evaluate their position on offshore energy exploration in the very near future. Sincerely, William D. Almond, FASLA Chair c: Jim Spore, City Manager, Virginia Beach, VA Doug Smith, Deputy City Manager, Virginia Beach, VA Joseph DaBiero, President Virginia Beach Hotel Association William Gambrell, President Virginia Beach Restaurant Association Barry Frankenfield, SGA Mike Eason, SGA Resort Management -22 - CITY COUNCIL COMMENTS ITEM #65100 5:22 P.M. Councilman Moss advised he was in the Gulf Port last week for work and, as everyone is aware, the eye of Hurricane Katrina went directly through that area. The impacts of this storm might be something to consider in the upcoming discussions and decision-making process regarding Sea Level Rise. August 18, 2015 -23 - CITY COUNCIL COMMENTS ITEM #65101 Council Lady Ross -Hammond advised she was pleased with the civic engagement and participation during the recent National Night Out from College Park, Lake Edwards and Seatack. This type of event continues building relationships with the Citizens, Police Officers and Public Officials. She met with a group at Arrowhead and was impressed how they gathered all the neighbors together and sat down to discuss concerns in that neighborhood. This is another great example of civic engagement. August 18, 2015 -24 - AGENDA REVIEW SESSION 5:24 P.M. ITEM #65102 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOL UTIONS 1. Ordinances to DESIGNATE Exemptions from local real and personal property taxes: a. Forever -Home Sanctuary, Inc. b. Let's Open Doors 2. Ordinance to AUTHORIZE acquisition of the right-of-way for Indian River and Kempsville Roads intersection improvements and ACQUIRE temporary or permanent easements by Agreement or Condemnation re changes to previous authority granted March 17, 2015 3. Ordinance to DECLARE, under the Encroachment Partnering Agreement, a restrictive easement for property off North Landing Road in the Interfacility Traffic Area (ITA) to be EXCESS and AUTHORIZE its sale to the United States Navy 4. Ordinance to AUTHORIZE acceptance of any interest the Development Authority may have in London Bridge Creek to the City of Virginia Beach; and, GRANT permission to 2798 DEAN, LLC to encroach into a portion of London Bridge Creek 5. Ordinance to AUTHORIZE revisions to the Housing Choice Voucher Administrative Plan re persons with intellectual and developmental disabilities and Homeless assistance; and, the City Manager to submit the Plan to the United States Department of Housing and Urban Development (HUD) 6. Resolution to AUTHORIZE EMS Permits re private ambulance service: a. Delta Medical Transport, Inc. b. Heart Song Care Transport, Inc. 7. Resolution to APPOINT Jennifer Farr -Brewer as Deputy City Clerk H,, effective August 22, 2015 8. Ordinances to ACCEPT and APPROPRIATE: a. $2,600,000 to purchase 2272 Old Pungo Ferry Road from Pitsilides Land Trust, re open space preservation b. $192,100 in donations to VB HomeNow Foundation through Housing and Neighborhood Preservation re: the Housing Resource Center c. $65,000 from Virginia Criminal Justice Services to Police re internet crimes against children d. $400 from the Fire Gift Fund re to Fire Station Nine VICE MAYOR JONES WILL ABSTAIN ON ITEM #2 CO UNCILMAN MOSS WILL VOTE A VERBAL NA Y ON ITEM #8a August 18, 2015 -25 - AGENDA REVIEW SESSION ITEM #65102 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. VICTORIA PARK HOMEOWNERS ASSOCIATION, INC for Closure of the right-of-way known as Guernsey Way re open space DISTRICT 7 — PRINCESS ANNE 2. STUDIO EVOLVE, LLC & MT. TRASHMORE OFFICE, LC for Modification of Conditions of a Conditional Use Permit re expansion of a Tattoo Parlor (approved May 11, 2010) at 512 South Independence Blvd DISTRICT 3 — ROSE HALL 3. 2798 DEAN LLC, for a Conditional Use Permit re bulk storage at 2798 Dean Drive DISTRICT 6 — BEACH 4. FUN SPOT AMUSEMENTS, LLC, for a Conditional Use Permit re inflatable outdoor recreation at 304, 306 and 308 22nd Street DISTRICT 6 — BEACH 5. LARAE TUCKER and KRISH ENTERPRISES, LLC, for a Conditional Use Permit re a convenience store and fuel sales at 300 South Rosemont Road DISTRICT 6 — BEACH 6. PF HILLTOP and REGENCY HILLTOP ASSOCIATES, LLP for a Conditional Use Permit re a gym and fitness center at 1944 Laskin Road DISTRICT 6 — BEACH 7. MARK and KENNY SAMTANI and MAHAKAAL 1600 LLC, for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form -Based Code re a commercial building at: a. 1602 Atlantic Avenue b. 2904 Atlantic Avenue DISTRICT 6 — BEACH 8. CITY to AMEND Section 111 of the City Zoning Ordinance (CZO) re Definition of Family Day -Care Home ITEM #1 SHALL BE CONSIDERED SEPARATELY ITEM #4 WILL BE CONSIDERED FOR APPROVAL ITEM 7a/b - COUNCILMAN UHRIN ADVISED PLANNING STAFF IS CURRENTLY WORKING ON AN AMENDMENT TO THE FORM -BASED CODE SO ITEMS SUCH AS THIS WILL NOT HAVE TO COME BEFORE CITY COUNCIL FOR APPROVAL AND CAN BE ADMINISTRATIVELYAPPROVED ONA "BY -RIGHT" BASIS August 18, 2015 -26- ITEM#65103 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-371] (A), Code of Virginia, as amended, for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding speck legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Amanda Smith v. Officer R.R Ray 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 August 18, 2015 -z7- ITEM#65103 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 5:28 P.M. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: (Closed Session Shannon DS Kane Family vacation 5:28 P.M. - 5:59 P.M.) August 18, 2015 -28 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 18, 2015 178M 1�� 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, August 18, 201 S, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane Family vacation INVOCATION: Reverend Randy Singer, Pastor Trinity Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. August 18, 2015 -29 - 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 identifying 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. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made apart of the record. August 18, 2015 Item —V -E CERTIFICATION -30 - ITEM #65104 Upon motion by Councilman Dyer, seconded by Council Lady Ross -Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 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 #65103 Page 27, 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. FjA Hodges Fraser, MMC City Clerk August 18, 2015 -31 - Item -V-F MINUTES ITEM #65105 Upon motion by Council Lady Ross -Hammond, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS ofAugust 4, 2015. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -32- ADOPTAGENDA FOR FORMAL SESSION ITEM #65106 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 18, 2015 -33 - Item V — H.1 MAYOR'S PRESENTATIONS ITEM #65107 RECOGNITION OF WAVE CHURCH and BEACH FELLOWSHIP Recent donations for the Housing Resource Center Mayor Sessoms advised the City is planning to begin construction of the new Housing Resource Center at the end of the year. The facility is not going to be constructed only by citizen's tax dollars but the support of the City's Faith Based Organizations. Mayor Sessoms presented a plaque to: Beach Fellowship's Pastor Ray Bjorkman for their donation of $130, 000 Wave Church's General Manager Josh Kicker for their donation of $50, 000 Mr. Kicker stated it is an honor and privilege to partner with the City of Virginia Beach in making the "City the Best City in the World" and Wave Church appreciates the visionary leadership of City Council. Pastor Bjorkman echoed Mr. Kicker's comments and expressed appreciation to City Council for listening to `hundreds of stakeholders that presented the needs and options to address those needs within the community. August 18, 2015 r N S�® c B"vac''hL S4 __ ppl r: y� 5�pp I ams yy����I�I�pp�� �i 141�}sRlY S�8AS- _ A ` \r�r9araJt1 h . BEAM -11RU 1 I 2545-. f ly���yq �ppp0 Housing R, Cuter � WLL��16.ending l _ homelesatetS'k;6W CO -a�not %!LY1-.3L 4. {T y f.,TI. it 14 (ll O7)lcc l t qa 1 _a -34 - Item V — K1 MAYOR'S PRESENTATION ITEM #65108 "A NOTE OF GRATITUDE" Daniel Young, 2015 Keynote Speaker Mayor's Youth Leaders in Action Mayor Sessoms welcomed Daniel Young, the 2015 Keynote Speaker for the Mayor's Youth Leaders in Action Award Program and asked Mr. Young to tell a little bit about himself before he begins. Mr. Young advised he moved to Virginia Beach the Summer prior to his 5"' grade year with his mom and two younger sisters. Mr. Young graduated from Ocean Lakes Elementary School, Kemps Landing Magnet School and in 2003 from Princess Anne High School. Currently, he and his wife reside in the New York area, as she is enrolled in a Doctoral program at Columbia University. The plan is to return to Virginia upon her graduation. Mr. Young expressed his appreciation to be given the opportunity to speak. Back in May, he gave the "Keynote" Address at the Mayor's Youth Leaders in Action 2015 Best All -Around Awards Ceremony. That program is made possible by the Youth Opportunities Office, headed by Barbara Brinson. The purpose of the Awards Ceremony is to recognize young people, businesses and other organizations working to make Virginia Beach the great City it is. The message that day was the tremendous ability to empower, inspire and make the community better. Tonight's message is somewhat different as he simply wants to say, to the elected officials of the City, "Thank You ". He feels not often people take the opportunity to pause and express gratitude to those individuals that have nurtured and shaped them. Mr. Young, at a very young age, had the opportunity to become involved in the Civic life of the City. This is one of the things that makes this City, as Mayor Sessoms likes to say, "the Best in the World", and he feels that one of the best things done by the City is their investment in the lives of young people. The Summer between Mr. Young's 7"' & e grade, he attended a Leadership Workshop staffed by Virginia Beach City Public Schools Staff. The Keynote Speaker that year was the Late Mayor Oberndorf. Mr. Young admitted he does not remember the entire speech because it was in 1998; however, he does remember her saying she was proud of the participants, what we did in our Schools and in the City mattered and that we were making differences in our community. Her speech made him feel proud and helped put him on the path to be successful. He applied for and was accepted to the Mayor's Leadership Council for Young People. He was elected the Inaugural President of Youth's Leaders in Action, which was twenty-five (25) ethnically, geographically, economically diverse students picked from all over the City, in an effort to create one group of kids that could speak for the interest of young people in the City. Personally, Mr. Young's family lived from "paycheck to paycheck" and when things go bad, they go bad very quickly. His mother and step father divorced and he, at times, felt very alone during the more difficult years. He truly feels his involvement in the Community allowed him to get thru those years and was actually a "lifeline" to him. Mr. Young won a Jefferson Scholarship to attend the University of Virginia and then a full Scholarship to Yale Law School at the Harvard Kennedy School of Government and that all began here in this City Council Chamber. Mr. Young urges City Council to continue to support the Civic Engagement with young people. Mr. Young finished by saying "Thank You" to the City Council and he expressed how grateful he is to have grown up in the City of Virginia Beach. August 18, 2015 -35 - Item V—Lla PUBLIC HEARINGS ITEM #65109 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPERTY TAX EXEMPTIONS a. Forever -Home Sanctuary — no speakers There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 18, 2015 -36 - Item V — I.1 b PUBLIC HEARINGS ITEM #65110 Mayor Sessoms DECLARED A PUBLIC HEARING.- PROPERTY EARING: PROPERTY TAX EXEMPTIONS b. Lets Open Doors There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 18, 2015 -37 - Item V — L1 c PUBLIC HEARINGS ITEM #65111 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPERTY TAX EXEMPTIONS c. LZ Grace Warrior Retreat Foundation Lynette Bukowski, Phone: 754-3220, Founder and CEO of Landing Zone "LZ" Grace Warrior Retreat Foundation. She advised this is a "Mission of the Heart" and not a Rehabilitation Center or Mental Health facility, it is actually not a facility at all. This is a family farm ran by people who intimately know the challenges Combat Veterans and their families face. The idea came from her late husband, who served as a Navy SEAL for 32 years. He passed away in 2010 and unfortunately did not get to see his dream come to fruition. The property was purchased with the intent of running it as family farm and inviting Special Warfare Operations Veterans to find respite for however long they may need. It is more about setting around a table and sharing meals, fellowships around afire -pit and other outdoor activities amongst "brothers ". There are so many divorces and suicides within the Naval Special Warfare community so this is a wonderful way for the City to assist and support those individuals. Not one of the activities that would be held threatens or causes any threat to ARP Program. The property is a farm and will always remain a farm. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 18, 2015 -38 - Item V— L2 PUBLIC HEARINGS ITEM #65112 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION and CONDEMNATION OF PROPERTY Indian River and Kempsville Roads There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 18, 2015 -39- Item V — L3 PUBLIC HEARINGS ITEM #65113 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF RESTRICTIVE EASEMENT (Brenneman Farm) North Landing Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 18, 2015 Item -V-J ORDINANCES/RESOLUTIONS -40 - ITEM #65114 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Agenda Items la/b, 2 (JONES ABSTAINED), 3, 4, 5, 6a/b, 7 and 8a (MOSS VERBAL NAY VOTE)/b/c/d. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-J.1 a ORDINANCES/RESOLUTIONS -41 - ITEM #65115 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE Exemptions from local real and personal property taxes: a. Forever -Home Sanctuary, Inc. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 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 AN ORDINANCE TO DESIGNATE FOREVER -HOME SANCTUARY, INC. AS BEING EXEMPT FROM REAL AND PERSONAL PROPERTY TAXATION WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an exemption from local real and personal property taxes to Forever -Home Sanctuary, Inc.; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Forever - Home Sanctuary, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 2. That real and personal property owned by Forever -Home Sanctuary, Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 3. This exemption is contingent on the following: (a) continued use of the property by Forever -Home Sanctuary, Inc. for exclusively charitable purposes; (b) that each July 1, Forever -Home Sanctuary, Inc. shall file with the Commissioner of the Revenue a copy of its most recent federal income tax return, or if no such return is required, it shall certify its continuing tax exempt status to the Commissioner of the Revenue; (c) that every three years, beginning on January 1, 2019, Forever -Home Sanctuary, Inc. shall file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property; and (d) that Forever -Home Sanctuary, Inc. cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records and compliance with the terms of this ordinance. 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day Of August , 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner of t e Re nue CA1 3402/R-1 /July 10, 2015 APPROVED AS TO LEGAL SUFFICIENCY: ttorn 's Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Forever — Home Sanctuary Inc. (FHRC) 4937 Broad Street Virginia Beach, VA 23462 Website: www.foreverhomerehabcenter.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Forever Home Rescue & Rehabilitation Center is an organization whose mission is to rehabilitate dogs that are misunderstood due to severe behavioral issues. Founded in 2009, the organization rehabilitates euthanasia -destined dogs living in east coast shelters or homes that appear to have unsolvable behavioral problems. The group restores hope and proves that most dogs can indeed be rehabilitated with training, proper socialization, and placement in loving, understanding homes. FHRC provides the tools, guidance and skills necessary to achieve balance. TAX IMPAC'C Business Property: Assessment: $1200.00 Tax: $48.00 Personal Property Assessment: None Tax: None Real Property .Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — December 11, 2011 Item -V-J l b ORDINANCES/RESOLUTIONS -42 - ITEM #65116 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE Exemptions from local real and personal property taxes: b. Let's Open Doors Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent. Shannon DS Kane August 18, 2015 1 AN ORDINANCE TO DESIGNATE LET'S OPEN DOORS AS 2 BEING EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Let's Open Doors; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Let's Open 13 Doors as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution 14 of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Let's Open Doors located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Let's Open Doors for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Let's Open Doors shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Let's Open Doors shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Let's Open Doors cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of August 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Reaa," r� • • - ' i ✓_/� of -r - CA13403/R-1/July 10, 2015 APPROVED AS TO LEGAL SU ENCY: 4�_ r Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Let's Open Doors 11588 1h Street (office use only) Virginia Beach, VA 23451 WEBSITE: http://Ietsopendoors.net/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Let's Open Doors is a public education and advocacy campaign founded by Drs. Louis and Gail Mottola. Their mission is to support the civil right of equal access for persons with disabilities and the aging population by advocating the accessibility of all entry doors. By joining with other organizations, profit and non-profit, together with individuals and public entities, Let's Open Doors strives to influence the voluntary alteration of entry doors to comply with guidelines of the 1990 American. Disabilities Act. The organization promotes public education and solutions to providing equal access of goods and services by emailing, printing and sending postcards or brochures to businesses. They show businesses how to alter their doors for as little as $140.00; free installation is included and provided by the sheriff s office. These simple alterations offer easy access for people with disabilities, the elderly, and those with limited strength in the upper body and/or limited use of their hands. TAX IMPACT Business Property Assessment: $280.00 Tax: $11.20 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — September 11, 2014 Item -V-J.2 ORDINANCES/RESOLUTIONS -43 - ITEM #65117 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT. Ordinance to AUTHORIZE acquisition of the right-of-way for Indian River and Kempsville Roads intersection improvements and ACQUIRE temporary or permanent easements by Agreement or Condemnation re changes to previous authority granted March 17, 2015 Voting: 9-0 Council Members Voting Aye.- M. ye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining, Vice Mayor Louis R. Jones Council Members Absent: Shannon DS Kane August 18, 2015 1 AN ORDINANCE TO AUTHORIZE THE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR INDIAN RIVER ROAD AND KEMPSVILLE ROAD 4 INTERSECTION IMPROVEMENTS PROJECT CIP 2- 5 418 AND THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION, REFLECTING 8 AREAS CHANGED SINCE PREVIOUS AUTHORITY 9 WAS GRANTED. 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important roadway project for public use, 13 to improve transportation within the City and for other related public purposes for the 14 preservation of the safety, health, peace, good order, comfort, convenience, and for the 15 welfare of the people in the City of Virginia Beach; 16 17 WHEREAS, on March 17, 2015, City Council adopted Ordinance 3398A approving 18 the major design features and authorizing the acquisition of property by agreement or 19 condemnation for this project; 20 21 WHEREAS, due to utility design changes, it is necessary to amend City Council's 22 authorization to acquire properly and easements either by agreement or condemnation to 23 reflect updates to the plats and plans since Ordinance 3398A was adopted; and 24 25 WHEREAS, the major design features of this project as previously approved have 26 not changed. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901, et seg., Sections 33.2-1007, et seq., and 33 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 34 fee simple, including temporary and permanent easements and entire tracts upon which 35 such rights-of-way or easements shall be located within the limitations and conditions of 36 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown 37 on the plans entitled "INDIAN RIVER ROAD AND KEMPSVILLE ROAD INTERSECTION 38 IMPROVEMENTS C.I.P. 2-418.000," (the "Project") and more specifically described on the 39 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 40 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 41 Beach, Virginia, and to the extent the Plans have changed since City Council adopted 42 Ordinance 3398A, Council authorizes any new areas to be acquired and withdraws its 43 authorization to exercise condemnation for any proposed easements deleted from the 44 Plans. 45 46 Section 2. That the City Manager is hereby authorized to make or cause to be 47 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 48 reasonable offer to the owners or persons having an interest in said Property. If refused, 49 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 t qday of 52 August , 2015. CA13437 PREPARED: $/4/15 R-1 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocski004\p018\00228448.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ZW) 6. G PUBLI RKS/REAL ESTATE CITY ATTORNEY l' l O titCL n ui z�>_� E ON > F' Lza o 9t LU > O a (; = Z Y j Qr Q O E f � LU 2 9,F 0 S Op OUR NAJ� LOUIS R. JONES VICE MAYOR Refer to File No.: 0055815 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach August 18, 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 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, Reflecting Areas Changed Since Previous Authority Was Granted. 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- August 18, 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. Sincerely, Louis R. Jo s Vice Mayor LRJ/RRI Item -V-J.3 ORDINANCESIRESOL UTIONS -44 - ITEM #65118 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE, under the Encroachment Partnering Agreement, a restrictive easement for property off North Landing Road in the Interfacility Trak Area (ITA) to be EXCESS and AUTHORIZE its sale to the United States Navy Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Mayor William D. James L. Wood Council Members Absent: Shannon DS Kane ones, John D. Moss, Amelia N. Ross -Hammond, Sessoms, Jr., John E. Uhrin, Rosemary Wilson and August 18, 2015 1 ORDINANCE TO DECLARE A RESTRICTIVE EASEMENT OVER 2 CITY -OWNED PROPERTY LOCATED OFF NORTH LANDING 3 ROAD (GPIN: 1483-95-6756) IN THE INTERFACILITY TRAFFIC 4 AREA (ITA) TO BE EXCESS PROPERTY AND AUTHORIZE THE 5 CITY MANAGER TO CONVEY SAME TO THE UNITED STATES 6 OF AMERICA 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 9 property (the "Property") located in the Interfacility Traffic Area (the "ITA") in the City of to Virginia Beach, Virginia, which Property is identified as follows: 11 12 North Landing Road, 1483-95-6756 13 (186.4066 Acres), Acquired by the City 14 from Brenneman Family Limited Partnership 15 16 WHEREAS, on September 27, 2007, the City and the United States of 17 America, Department of the Navy (the "Navy") entered into an agreement (the 18 "Encroachment Partnering Agreement") to partner to acquire property in the ITA; 19 20 WHEREAS, the terms and provisions of the Encroachment Partnering 21 Agreement provide that the City will sell to the Navy restrictive easements (the 22 "Restrictive Easement(s)") over property the City acquires in the ITA and the RAA, and 23 in exchange the Navy will pay to the City the fair market value of the Restrictive 24 Easements, up to 50% of the fair market value of the City's acquisition; 0AW 26 WHEREAS, the City acquired the Property pursuant to the ITA Acquisition 27 Program; 28 29 WHEREAS, the City funded the acquisition of the Property through a 30 partnership with the Commonwealth of Virginia (the "Commonwealth"); 31 32 WHEREAS, the City Council of the City of Virginia Beach finds that a 33 Restrictive Easement over the Property is in excess of the City's needs and finds that 34 the sale of the Restrictive Easement over the Property to the Navy, pursuant to the 35 terms of the Encroachment Partnering Agreement entered into in 2007 and as 36 amended, will allow the City and the Commonwealth to recover up to 50% of the 37 purchase price of the Property. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 1. That a Restrictive Easement over the following Property located in the ITA 43 are hereby declared to be in excess of the needs of the City of Virginia Beach: 44 45 North Landing Road, 1483-95-6756 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 (186.4066 Acres), Acquired by the City from Brenneman Family Limited Partnership 2. That the City Manager is hereby authorized to execute any documents necessary to convey the Restrictive Easement over the Property to the Navy, in substantial conformity with the terms and provisions of the Encroachment Partnering Agreement dated September 27, 2007, as it has been or may be amended, and such other terms, conditions or modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 3. That revenue from the sale of the Restrictive Easement in the amount of $1,690,000 shall be received and fifty (50) percent of this amount shall be appropriated to CIP #9-059, Oceana and ITA Conformity and Acquisition II, and fifty (50) percent shall be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $845,000 retained by the City will be available for BRAC program acquisitions in future years, which encumbrance shall remain for such time as the encumbrance is required by the Commonwealth. This ordinance shall be effective from the date of its adoption. Alopted by the Council of the City of Virginia Beach, Virginia, on the 18thday of ugust , 2015. R-1 8/7/2015 CA13233 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d023\p020\00225240.doc APPROVED AS TO LEGAL SUFFICIENCX City Attorney's Office APPROVED AS TO CONTENT r 1° -Sul,I Budget and Management Services SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2016, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi -Year Agreement (copy attached hereto as Exhibit X): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. EXHIBIT A TO GRANT OF EASEMENT TABLE I - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB DNL >75 dB DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple -family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing Y Y Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y IY Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; photographic and optical goods; watches and clocks Y Y Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation y y Marine craft transportation Y Y Highway and street right-of-way y y Automobile parking Y Y Communication Y y Utilities y y Other transportation, communication and utilities Y IY Trade Wholesale trade y y Retail trade - building materials, hardware and farm equipment Y Y Retail trade - general merchandise y y Retail trade - food Y Y Retail trade - automotive, marine craft, aircraft and accessories Y Y Retail trade - apparel and accessories Y Y Services Retail trade - furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade y y Finance, insurance and real estate services Y Y Personal services y y Cemeteries y Y Business services Y Y Warehousing and storage y y Repair services Y Y Professional services y y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous y y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities y y Indoor recreational facilities y y Campgrounds Y N Parks y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding y N Agriculture related activities Y Y Forestry activities y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y Item -V-J.4 ORDINANCES/RESOLUTIONS -45 - ITEM #65119 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acceptance of any interest the Development Authority may have in London Bridge Creek to the City of Virginia Beach; and, GRANT permission to 2798 DEAN, LLC to encroach into a portion of London Bridge Creek BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE acceptance of any interest the Development Authority may have in London Bridge Creek to the City of Virginia Beach; and, GRANT permission to 2798 DEAN, LLC to encroach into a portion of London Bridge Creek (GPIN 1497732994) The following conditions shall be required: Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. Providing, however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood that the City may demand immediate removal of the Temporary Encroachment upon notice to the City by the Army Corps of Engineers that the Temporary Encroachment is not in conformity with the 1985 Coordination Agreement for Canal No. 2 and any amendments thereto or that the Temporary Encroachment has a detrimental impact upon the Flood Control Project within Canal No. 2. August 18, 2015 Item -V-J.4 ORDINANCES/RESOLUTIONS -46 - ITEM #65119 (Continued) It is further expressly understood and agreed that the Temporary Encroachment shall be subject to the Grantee applying for and obtaining the approvals of the Wetlands Board, Chesapeake Bay Preservation Board and the Army Corps of Engineers and complying with any conditions set forth by those agencies. 8. It is further expressly understood and agreed that the Temporary Encroachment shall be subject to the Grantee submitting and obtaining approval of a Joint Permit Application and complying with any conditions of its approval. 9. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 10. It is further expressly understood and agreed that the Grantee shall establish and maintain a variable width Riparian "Buffer" totaling approximately 3,600 square feet in area as a condition of meeting the proposed Site Plan and Chesapeake Bay Preservation Area Board approvals for this project. Per established City Council Directive, all City encroachments encompassing shorelines shall either establish or make equivalent payment for a Buffer, which shall be a minimum of fifteen) 15feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants. The Buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Environment and Sustainability Office of the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 11. It is further expressly understood and agreed that the Grantee shall make a $2,358.00 payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required (fteen) 15 -foot -wide Buffer if the Buffer is not established on the property of the Grantee; said compensation is a standard condition of the City for shoreline encroachments where the Buffer cannot be totally established on the property of the Grantee. Said payment is equal to partial cost of plant material which will be used to restore Riparian Buffer areas on other City - owned property. 12. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500, 000. 00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 13. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. August 18, 2015 Item -V-J.4 ORDINANCESIRESOL UTIONS -47 - ITEM #65119 (Continued) 14. It is further expressly understood and agreed that landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. 15. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 16. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day ofAugust, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye.- M. ye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE (1) THE 4 ACCEPTANCE OF THE DEDICATION OF 5 ANY INTEREST THE CITY OF VIRGINIA 6 BEACH DEVELOPMENT AUTHORITY MAY 7 HAVE IN LONDON BRIDGE CREEK TO THE 8 CITY OF VIRGINIA BEACH AND (2) 9 TEMPORARY ENCROACHMENTS INTO A 10 PORTION OF THE CITY'S 150' PUBLIC 11 DRAINAGE EASEMENT AND A PORTION OF 12 LONDON BRIDGE CREEK (GPIN: 1497-73- 13 2994) LOCATED ADJACENT TO 2798 DEAN 14 DRIVE, FOR 2798 DEAN, LLC. 15 16 WHEREAS, 2798 Dean, LLC, a Virginia limited liability company, (the 17 "Applicant") has requested permission to encroach into a portion of the City's 150' 18 drainage easement and into a portion of London Bridge Creek, along the eastern 19 branch of the Lynnhaven River, located adjacent to its property at 2798 Dean Drive. The 20 purpose of this encroachment is to allow (A) an existing retaining wall, landscaping, 21 display area and rip rap to remain and be maintained and (B) the construction of a new 22 retaining wall, block and column walls, permeable paver drive aisle, paver walkway, 23 gravel parking and buffer planting; 24 25 WHEREAS, as a condition of this encroachment, it will be necessary for, the City 26 of Virginia Beach Development Authority (the "Authority) to quitclaim any interest it may 27 have in London Bridge Creek to the City of Virginia Beach and the Applicant must 28 provide written confirmation from the Army Corps of Engineers that the encroachment is 29 outside of the limits of the Canal #2 Project or is not contrary to the provisions of the 30 1985 Canal #2 Coordination Agreement; 31 32 WHEREAS, the Authority authorized the quitclaim of its interest on July 21, 2015, 33 subject to City Council's acceptance of the interest; 34 35 WHEREAS, the City's acceptance of the dedication of the Authority's interests 36 would clear a title issue and promote the City's goals to facilitate public drainage and for 37 other public purposes; and 38 39 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 40 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 41 City's public drainage easements subject to such terms and conditions as Council may 42 prescribe. 43 44 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 47 2009 and 15.2-2107, Code of Virginia, 1950, as amended and provided all of the 48 requirements of this ordinance have been satisfied, the Applicant, its assigns and 49 successors in title are authorized to (A) maintain an existing retaining wall, landscaping, 5o display area and rip rap and (B) to construct a new retaining wall, block and column 51 walls, permeable paver drive aisle, paver walkway, gravel parking and buffer planting 52 within the City's 150' public drainage easement and a portion of London Bridge Creek 53 as shown on the map entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL'S 54 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH 55 INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, 56 VIRGINIA," Scale: 1" = 80', dated 06/10/2015, a copy of which is attached hereto as 57 Exhibit A, and on file in the Department of Public Works and to which reference is made 58 for a more particular description. 59 60 BE IT FURTHER ORDAINED that the City Manager or his designee is further 61 authorized to execute any and all documents necessary or appropriate to complete 62 acceptance of the dedication of the Authority's interest in London Bridge Creek. 63 64 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 65 subject to those terms, conditions and criteria contained in the Agreement between the 66 City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of 67 which has been presented to the Council in its agenda, and subsequent to execution 68 will be recorded among the records of the Clerk's Office of the Circuit Court of the City 69 of Virginia Beach; and 70 71 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 72 hereby authorized to execute the Agreement only after the occurrence of the following 73 conditions: (a) the quitclaim deed from the Authority has been recorded among the 74 records of the Clerk's Office of the Circuit Court; (b) the U.S. Army Corps of Engineers 75 provides, in writing, a statement that the proposed encroachments are not contrary to 76 the requirements of the 1985 Canal #2 Coordination Agreement, and any amendments 77 thereto; and (c) the Applicant is in compliance with any of the project requirements of 78 the Local Wetlands Board, the Army Corps of Engineers, and the Chesapeake Bay 79 Preservation Area Board. 40, 81 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 82 time as the Applicant and the City Manager, or his authorized designee, execute the 83 Agreement. 84 85 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day 86 of August , 2015. CA13435 R-2 PREPARED: 07/21/15 \\vbgov.com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d030\p018\00227713.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT: �7 CONOMIC DEVELOPMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATT E PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this "I -M— day of AowSj , 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and 2798 DEAN, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 'J' 1.900 ACRES"; as shown on that certain plat entitled: "SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated July 1969, prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 83, at page 11, and being further designated, known, and described as 2798 Dean Drive, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to request that the City allow an existing retaining wall, landscaping, display area and rip rap to remain and be maintained and the construction of a new retaining wall, block and column walls, permeable paver drive aisle, paver walkway, gravel parking and buffer planting, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary GPIN: 1497-74-0071 (2798 Dean Drive) 1497-73-2994 (City Property) that the Grantee encroach into a portion of an existing City 150' drainage easement and into London Bridge Creek, on the Eastern Branch of the Lynnhaven River, located directly adjacent to the property of the Grantee, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat consisting of six (6) sheets entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL 'J', 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood that the City may demand immediate removal of the Temporary Encroachment upon notice to the City by the Army Corps of Engineers that the Temporary Encroachment is not in conformity with the 1985 Coordination Agreement for Canal #2 and any amendments thereto or that the Temporary Encroachment has a detrimental impact upon the Flood Control Project within Canal #2. It is further expressly understood and agreed that the Temporary Encroachment shall be subject to the Grantee applying for and obtaining the approvals 3 of the Wetlands Board, Chesapeake Bay Preservation Board and the Army Corps of Engineers and complying with any conditions set forth by those agencies. It is further expressly understood and agreed that the Temporary Encroachment shall be subject to the Grantee submitting of and obtaining approval of a Joint Permit Application and complying with any conditions of its approval. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a variable width riparian buffer ("Buffer") totaling approximately 3,600 square feet in area as a condition of meeting the proposed site plan and Chesapeake Bay Preservation Area Board approvals for this project. Per established City Council directive, all City encroachments encompassing shorelines shall either establish or make equivalent payment for a Buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Environment and Sustainability Office of the Department of Planning when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall make a $2,358.00 payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 -foot -wide Buffer if the Buffer is not established on the property of the Grantee; said compensation is a standard condition rd of the City for shoreline encroachments where the Buffer cannot be totally established on the property of the Grantee. Said payment is equal to partial cost of plant material which will be used to restore riparian buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required 5 by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said 2798 DEAN, LLC, a Virginia limited liability company, has caused this Agreement to be executed by TIMOTHY J. COSTEN, Managing Member of 2798 DEAN, LLC, a Virginia limited liability company, with due authority to bind said 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 and its seal be hereunto affixed and attested by its City Clerk. [Remainder of page intentionally left blank.] I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2015, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: 7 Notary Public (SEAL) 2798 DEAN, LLC, a Virginia limited liability company By 1 (SEAL) TIMOTHY J. COSTEN, Managing Member STATE OF CITY/COUNTY OFU/A6/�IA , to -wit: The foregoing instrument was acknowledged before me this . U_ day of Aur2Lt:5-T 2015, by TIMOTHY J. COSTEN, Managing Member of 2798 DEAN, LLC, a Virginia limited liability company. Notary Registration Number: l My Commission Expires: ./46 APPROVED AS TO CONTENTS a/7 /s DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION �t CHRISTOPHER B CAHOON Notary Public Commonwealth of Virginia 193676 IMY Commission Expires March 31, 2019 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,NA1:rH RMEYER, NIOR CITY ATTORNEY 00 N rn tD 00 R I c0 LLJ a to am LAJ z O d " rn o a m Z Z � z 0.25' MILES TO LYNNHAVEN PKWY (CITY OF VA BCH GIS) #2798 EX 1 -STY BLOCK EX-\ "ANCHOR" RETAINING WALL SYSTEM EX CONC CURB N/F CITY OF VIRGINIA BEACH S 36'16'57" W GPIN: 1467-13-1924 (IN. 20100924001007570) 47.40' FORMERLY NORFOLK SOUTHERN RAILWAY COMPANY 66' .� EX SWALE S 8 '26'00" E 453.96 W EX COMPACTED GRAVEL + /O �EX MARSH- O �V S 54'16 00 W 126.18 PARCEL Jy .•:�LL �'A �� • G 'P� 1.900 ACRES `���A"`F 1�� � S 70 25'00" W �2F 204.4 1 ' 150' EASEMENT DEDICATED TO THE CITY OF VIRGINIA BEACH, T VIRGINIA FOR DRAINAGE PURPOSES BY �o THE CITY OF VIRGINIA BEACH ',Pon INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) c�yoo GPIN: 1497-73-2994 S 66'41 '00" W 23.81�TH EX TOP OF SLOPE AT TIME OF SURVEY (12/30/2014) -EX 72"CLF -S 37'34'00" W 33.14' EX RIPRAP (BROKEN CONCRETE) I wN 82'26'00" W -----__ 34.64' EX EDGE OF WATER AT TIME OF SURVEY DEAN DRI VE (12/30/2014) / (60' R/W) (M. B. 83, PG. 11) Landscape Architecture Land Surveying Civil Engineering Mlsite.com 757.431.1041 IUSTANG TRAM SIE 8 MW 01% VA 23452 ERICpJM• ARNER Lie. W. 2904 ,e 06/15/2075P ' mvf Sup. -ii SCALE: 1"=80' SHEET 1 OF 6 SHEET 1 OF 6 (EXISTING SURVEY) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL •J', 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINA BEACH, VIRGIMA date: 06/10/2015 f.b./pg. 1028/27 proj. no.: 214-0503 file: 214-0503_ench exhibit.dwg platref.: 1-176 CAD/chk: WJW/eag a, rn. � 00 = I J d 10 rn CL m �Le) Q #2798 EX 1 -STORY BLOCK PERMEABLE PROPOSED GROVEL PARKING -,-. PAVER (57 STONE) PROPOSED DRIVE AISLE PROPOSED -\"PARCEL v�v PAVER BUFFER LANIING1.900 ACRES WALK P PROPOSED CONCRETE BORDER PROPOSED--\ BLOCK COLUMNS & WALLS 66'41 '00' W 123.81 ' PERMEABLE PAVER DRIVE /I PROPOSED BUFFEk -i -i i �I 4LAA Y_ J I r,., I - \ 150' EASEMENT DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR DRAINAGE PURPOSES THE CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHOR (M.B. 83, PG. 11) <o GPIN: 1497-73-2994 oma'% 100 -y �ZoZF 0 / EX TOP OF SLOPE min �AT TIME OF SURVEY (12/30/2014) RETAINING WALL INCLUDES A MINIMUM 2' WIDE GROVEL INFTLTROTION TRENCH ALONG THE LANDWARD PERIMETER OF WALL w/ 4" PVC PIPE EX "ANCHOR" RETAINING WALL SYSTEM i PROPOSED BUFFER PLAN7ING EX RIPRAP (BROKEN CONCRETE) S 3734'00" W .33.14' EX EDGE OF WATER AT TIME OF SURVEY (12/30/2014) O N 82126100" W 34.64' PROPOSED BUFFER PLANTING O `O0G, ) 6��, DEAN DRI VE G� / (60' R/W) (M.B. 83, PG. 11) Landscape Architecture Land Surveying Civil Engineering wpplsitexam 757.431.1041 242 MUSTANG IM SIE 8 OW BDZK VA 1.3452 0i RIC ARNER Lie. W. 2904 ,e 0611512015 SUR SHEET 2 OF 6 (IMPROVEMENT PLM) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL •J•, 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT (M.B. 83, PG. 11) VRMA BEACH, VIRGINIA SCALE: 1 "=50' SHEET 2 OF 6 AUTHORITY date: 06/10/2015 1 f.b./pg. 1028/27 1 proj. no.: 214-0503 file: 214-0503_ench exhibit.dwg I plat ref.: 1-176 CAD/chk: WJW/eag / Im� 0 END OF ENCROACHMENT ® N 256.1 -LF FROM POINT A o W / £X WALL HEIGH7=2.9' 2.3' / W EX WALL H£IGHT=2.4' W 7.1' W ` W 19.6' ; I ` W EX WALL HEIGHT=2.4' 17.6' RETAINING WALL WH GRAVEL INRL7R A77ON ' TRENCH ALONG THE LANDWARD PERIMETER OF WALL w/ 4" PVA' PIPE q �\` DISPLAY PADS (3 PADS ® 15.0'x8.0' EACH) (360 SQ. FT. 70TAL) '• EX "ANCHOR" RETAINING WALL SYSTEM (304—LF) PROPOSED BUFFER PLANTING (3,945 SO. FT. OR 0.091 ACRES) EX WALL HEIGHT=1.7' 4'-r-LOTHO*oNpt��. 10.1' QN'tEX WALL HE/GHT-0.7' O DEAN DR/VE l� l (60' R/W) (M. B. 83, PG. 11) Landscape Architecture Land Surveying Civil Engineering 2422Isite.com 757.431.1041 1W,,G 11W S18 WW BL4K VA 23M RIC ARNER ►-4 Lie. 2904 06/15/2075 ,� q� o SURF -M: SCALE: 1 "=50' SHEET 3 OF 6 SHEET 3 OF 6 (DIMENSION PLAN) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL •J•, 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRMA BEACH, VIRGINIA date: 06/10/2015 1 f.b./pg. 1028/27 proj. no.: 214-0503 file: 214-0503_ench exhibit.dwg Iplat ref.: 1-176 CAD/chk: WJW/eag FINISHED GRADE #8 OPEN GRADED GRANITE AGGREGATE BETWEEN PAVERS SF RIMA PERMEABLE PAVERS 31/16' THICKNESS PAVERS SHALL MEET OR EXCEED ASTM C 936, TYPE F (8000 P.S.I.).1/2' SPACING (APERATURE) BETWEEN PAVERS. #8 OPEN GRADED GRANITE AGGREGATE, 4 y 1' TO 11/2' DEEP #57 OPEN GRADED GRANITE AGGREGATE, \/\\/ \ \ \\ \ , 31/4' TO 3 3/4' DEEP #2 OPEN GRADED GRANITE AGGREGATE, 3 3/4' DEEP COMPACTED SUBGRADE NON -WOVEN GEOTEXTILE CONTINUOUS, TURN UP AT ALL ENDS PERMEABLE PAVEMENT W/ GRAVEL INFILTRATION SCALE.- NTS Landscape Architecture Land Surveying Civil Engineering wlsite.com 757.431.1041 1W WMAK IM S1E 8 "M BEACH, VA 23452 SCALE: NTS SHEET 4 OF 6 SHEET 4 OF 6 (NOTES & DETAILS) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL •J', 1.900 ACRES SUBDIVISION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VIRGINIA BEACH, VIRGINIA date: 06/10/2015 f.b./pg. 1028/27 proj. no.: 214-0503 file: 214-0503_ench exhibit.dwg plat ref.: 1-176 CAD/chk: WJW/eag Diamond Pro' 6 Diamond Pro Stone Cut" Block ¢30 DEGREE •IL SRW Accessories . iO a used Wwhiss! ms sbnW ergtrawrg, ftfinal aaurmi a lion of the suhabity of the conMepi use, and as manner of use, are the sole responsD�Tity of the user. and aW use eapmssy raleeaW es HTS. 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VARIES) 6" MINIMUM COMPACTED - GRANULAR -BASE LEVELING PAD AnchorTM Diamond Pro® _ TYPICAL GRAVITY WALL (SCALE: NTS) Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 WSTM 11K SIE 8 WM ff^ VA 23452 w *GRAVEL INFILTRATION TRENCH 24 INCHES OF (57 STONE) FREE - DRAINING AGGREGATE SCALE: NTS SHEET 5 OF 6 SHEET 5 OF 6 (NOTES h DETAILS) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL 'J•, 1.900 ACRES SUBDMSION OF PROPERTY FOR CITY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.6. 83, PG. 11) VRONA BEACH, VROM date: 06/10/2015 1 f.b./pg. 1028/27 1 proj. no.: 214-0503 file: 214-0503-ench exhibit.dwg r9=atref.: I-176 CAD/chk: WJW/nog Consulting' Enaineer Mr. Tin Costen Chesapeake Lawn & Garden Inc. 1504 Duke of Windsor Drive Virginia Beach, VA 23454 RE: 2798 Dean Drive Virginia Beach, VA HTS No. VA0000002 Gentlemen: P.O. Box 94529 North Little Rock AR 72190 January 28, 2015 I have reviewed the documentation, soil sample and wall geometry supplied by Chesapeake Lawn & Garden Inc. dated January 21, 2015 for the referenced project sent to my office. Based on this information, the maximum exposed wall height of 5.5 feet (plus cap) and total wall height of 6.66 feet should be constructed with the geogrid layout for a 30° soil, Case A of the "Standardized Engineering & Construction for 8 Feet and Under Retaining Walls" by HTS Hardscape Technical Services. Anchor Diamond Pro block with SRW 3 Series geogrid must be used as shown on the table. These tables must be followed for the gcogrid placement, lengths and elevations. The retaining wall must also be built in accordance with the installation construction shown in Section 3 of the Guide and other items in the Guide including any fences behind the walls. I appreciate this opportunity to be of service to you. Should you have any questions regarding this design, placement or construction of any materials, please do not hesitate to contact me at your convenience. Sincerely, Stt A. "Sam" Miller, PE Principal SAM/sym Enclosure: Case A, 30° Soils Landscape Architecture Land Surveying Civil Engineering wplsite.com 757.431.1041 242 MUSTANG VAS Sit 8 WM Bf.AGI, VA 230 c� SCOTT z U A. MILLER 19127 SCALE: NTS SHEET 6 OF 6 SHEET 6 OF 6 (NOTES do DETAILS) EXHIBIT 'A' ENCROACHMENT EXHIBIT PARCEL OX, 1.900 ACRES SUBDIVISION OF PROPERTY FOR CRY OF VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY (M.B. 83, PG. 11) VRMA BEACH, VROM date: 06/10/2015 f.b./pg. 1028/27 proj. no.: 214-0503 file: 214-0503_ench exhibit.dwg I plat ref.: 1-176 CAD/chk: WJW/eag N 3 cr i w E a t M v m O O 00 v 01 � n W N 'I N 3 cr GJ � dJ � E s � u m 0 00 u 01 C � W N 'i N 3 cr 0) I= = L E M m 0 00 V Q: W N El a-1 H GJ 3 cr CJ I �> L E M V m 0 00 V W N El N 3 cr �> L E _ M V � m 0 00 V D1 W N aI H 3 cr d! � = L E VQj m in 0 00 v 01 C W N ZiaL4 W", �\�\ \\\ /�� � § \�}°\/�,\'/ Item -V-J.5 ORDINANCES/RESOLUTIONS -48 - ITEM #65120 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE revisions to the Housing Choice Voucher Administrative Plan re persons with intellectual and developmental disabilities and Homeless assistance; and, the City Manager to submit the Plan to the United States Department of Housing and Urban Development (HUD) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 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 AN ORDINANCE TO ADOPT REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN (INCLUDING A REVISED ADMINISTRATIVE PLAN) AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AND SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally -funded Housing Choice Voucher program ("HCV program"); and WHEREAS, the purpose of the Administrative Plan is to describe in detail the operational procedures of the HCV program in DHNP; and WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to update its administrative plan to reflect changes in its waiting list preferences; and WHEREAS, the Administrative Plan revision is attached hereto, and a copy of all plan revisions are on file with the City Clerk. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council approves the revisions to the Housing Choice Voucher Program Administrative Plan as described in more particularity in the attached Exhibit A, which is incorporated herein, and the City Manager is hereby authorized and directed to execute an updated plan to HUD in conformity with such revisions. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of August , 2015. APPROVED AS TO CONTENT: D artment of Housing & Neighborhood Preservation CA13409 R-2 August 7, 2015 APPROVED AS TO LEGAL SUFFICIENCY: rte. ._.C' orn 's Office EXHIBIT A City of Virginia Beach Department of Housing and Neighborhood Preservation Housing Choice Voucher Program Summary of Administrative Plan changes for 2015 — July, 2015 Location Topic Change/Issue Reason Page 4-2 Establishing Add language to establish the A waiver or exception is required Preferences distinction of due to regulatory restrictions Policy intellectual/development disabled limiting the identification and as a waiver approved disability service of a specific disability as preference. a preference for housing. The established preference allows DHNP to pursue the expansion of housing opportunities for a targeted population associated with the Virginia Olmstead Agreement. Page 19- Project Based Add language to establish local To support the initiative to "End 28,29 Vouchers preferences and point matrix for Veteran Homelessness", Policy project based voucher units with establishing local preferences for designated supportive service designated project based components (SRO supported properties allow DHNP to projects). prioritize vouchers for veterans and the most vulnerable. Item-V-J.6a/b ORDINANCES/RESOLUTIONS -49- ITEM #65121 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE EMS Permits re private ambulance service: a. Delta Medical Transport, Inc. b. Heart Song Care Transport, Inc. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent.- Shannon bsent: Shannon DS Kane August 18, 2015 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 DELTA MEDICAL TRANSPORT, INC. AND HEART SONG 3 CARE TRANSPORT, INC. IN VIRGINIA BEACH AND TO 4 APPROVE ANNUAL EMS PERMITS FOR PROVIDING 5 PRIVATE AMBULANCE SERVICES 6 7 WHEREAS, in accordance with Code of Virginia § 15.2-955, City Council must 8 approve the establishment of an emergency medical service organization in the City of 9 Virginia Beach; and 10 11 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 12 10.5-2 , any individual or organization that desires to operate an emergency medical 13 services agency or emergency medical services vehicles in Virginia Beach for emergency 14 transport or non -emergency transport purposes must apply for a permit; and 15 16 WHEREAS, a request for establishment and an application for a permit has been 17 received each from Delta Medical Transport, Inc. and Heart Song Care Transport 18 Incorporated.; and 19 20 WHEREAS, the requests and applications have been recommended for approval by 21 the Virginia Beach Department of Emergency Medical Services; and 22 23 WHEREAS, City Council finds the approval of these requests and applications are 24 in the best interests of the citizens of Virginia Beach as it will assure continued and 25 adequate emergency services and will preserve, protect and promote the public health, 26 safety and general welfare of the citizens. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the requests of Delta Medical Transport, Inc. and Heart Song Care Transport 32 Incorporated for the establishment of their emergency medical service in the City of Virginia 33 Beach, and their application for an annual EMS permit for providing private EMS 34 ambulance services in the City of Virginia Beach are hereby approved and granted, 35 effective immediately and until June 30, 2016. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 Jay of 38 August , 2015. APPROVED AS TO CONTENT: /merg-ency Me ical Services CA13410 R-1 August 6, 2015 APPROVED AS TO LEGAL SUFFICIENCY: , Aw� City Attorney's Office Item -V-J.7 ORDINANCES/RESOLUTIONS -50 - ITEM #65122 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to APPOINT Jennifer Farr -Brewer as Deputy City Clerk II, effective August 22, 2015 Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 1 2 3 4 5 6 7 8 A RESOLUTION APPOINTING JENNIFER FARR-BREWER TO THE POSITION OF DEPUTY CITY CLERK II BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-77 of the City Code, Jennifer Farr -Brewer is hereby appointed to the position of Deputy City Clerk II, effective August 22, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18thday of August , 2015. APPROVED AS TO CONTENT: ei t / erkI� ��1�� CA 13417 R-2 August 12, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic Item-V-J.8a ORDINANCESIRESOL UTIONS -51- ITEM #65123 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $2,600, 000 to purchase 2272 Old Pungo Ferry Road from Pitsilides Land Trust, re open space preservation Voting: 9-1 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, 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 MembersAbsent: Shannon DS Kane August 18, 2015 1 AN ORDINANCE (1) TO AUTHORIZE THE 2 ACQUISITION OF APPROXIMATELY 22.54 3 ACRES OF PROPERTY COMPRISED OF 4 2272 OLD PUNGO FERRY ROAD AND A 5 VACANT PARCEL FRONTING OLD PUNGO 6 FERRY ROAD (GPINS: 2309-23-6398 AND 7 2309-33-6649) FROM THE PITSILIDES LAND s TRUST AND (2) TO APPROPRIATE 9 $1,100,000 FROM THE FUND BALANCE OF 10 THE AGRICULTURAL RESERVE PROGRAM 11 SPECIAL REVENUE FUND TO CIP 4-308, 12 "OPEN SPACE PROGRAM SITE 13 ACQUISITION III," FOR THE PURCHASE. 14 15 WHEREAS, the Pitsilides Land Trust ("Pitsilides") owns two parcels of land 16 totaling approximately 22.54 acres comprised of 2272 Old Pungo Ferry Road and a 17 vacant parcel fronting Old Pungo Ferry Road used as a drain field (collectively, the 18 "Property"), as further described on Exhibit A, attached hereto and incorporated herein; 19 20 WHEREAS, Pitsilides has agreed to convey the Property to the City for 21 $2,600,000, subject to Council approval and in accordance with the Summary of Terms 22 attached hereto as Exhibit B and incorporated herein; 23 24 WHEREAS, $1,500,000 of the funding for this acquisition and any associated 25 expenses are available in CIP 4-308, "Open Space Program Site Acquisition III;" and 26 27 WHEREAS, the remaining funds of $1,100,000 are not needed in the immediate 28 fiscal year for the Agricultural Reserve Program Special Revenue Fund and will be 29 appropriated to CIP 4-308 to be used for the acquisition of the Property. 30 31 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 32 VIRGINIA: 33 34 1. That the City Council authorizes the purchase of the Property, which 35 Property is generally identified as GPINs: 2309-23-6398 and 2309-33-6649 and further 36 described on Exhibit A. 37 38 2. That the City Manager or his designee is further authorized to execute all 39 documents that may be necessary or appropriate in connection with the purchase of the 40 Property, so long as such documents are in accordance with the Summary of Terms 41 attached hereto as Exhibit B and made a part hereof and containing such other terms 42 and conditions deemed necessary and sufficient by the City Manager and in a form 43 deemed satisfactory by the City Attorney. 44 45 46 47 48 49 50 3. The City Council hereby appropriates $1,100,000 from the fund balance of the Agricultural Reserve Program Special Revenue Fund to CIP 4-308 for the purchase of the Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of August , 2015. Requires an affirmative vote by a majority of all of the members of City Council. CA13224 R-1 PREPARED: 8/6/15 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d004\p018\00228632.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT AND RECREATION APPROVED AS TO CONTENT MANAG E T SERVICES APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,0 -x -)- CITY A TORNEY EXHIBIT "A" Lecial Description of 2272 Old Punao Ferry Road, Virainia Beach, VA 23457 GPINS: 2309-23-6398 and 2309-33-6649 GPIN: 2309-23-6398 PARCEL ONE: ALL THAT certain lot, piece or parcel of land situated in Pungo Borough in the City of Virginia Beach in the State of Virginia, on the East bank of the North Landing River near the East end of Pungo Ferry Road Bridge and designated "B" on the plat hereinafter referred to and more particularly bounded and described as follows: to -wit: BEGINNING at a pin at the northeast corner of Parcel A as shown on plat entitled "Subdivision of Property of John J. Miller, located near Creeds, Pungo Borough, Virginia Beach, VA for Delbert R. James dated March, 1966, made by C. A. Bamforth, C.L.S." recorded in Map Book 69, at page 21, which said pin is a distance of 160 feet North 6 degrees 55 minutes East from the North side of Pungo Ferry Road (State Route 1726) and running thence North 6 degrees 55 minutes East 1093.28 feet along other land of the first parties herein, designated John J. Miller on said plat, to a pipe on the South bank of Ackiss Canal; thence South 83 degrees 57 minutes West 610.4 feet along said bank of said canal to the bulkhead line of said North Landing River, also a part of the Intercoastal Canal, thence South 5 degrees, 03 minutes East 368 feet along said bulkhead line to a point; thence South 01 degree 46 minutes 30 seconds West along said bulkhead line 198.16 feet to a point at the Northwest corner of land of said second party herein, Delbert R. James; thence along the northern boundary of said Delbert R. James, North 85 degrees 05 minutes East 409.9 feet to a point; thence South 06 degrees 55 minutes West along said land of Delbert R. James 492.1 feet to a pin in the Northwest corner of said Parcel A; thence South 88 degrees 18 minutes East along the Northern boundary of said Parcel A to the point of beginning, the property hereby conveyed consisting of 8.4 acres. PARCEL TWO: ALL THAT certain tract, piece or parcel of land with the improvements thereon and the appurtenances thereto, lying, situate and being in Pungo Borough, City of Virginia Beach, Virginia, being a part of what was formerly known as the Dudley Farm, and more particularly bounded and described as follows: BEGINNING at a pin in the Pungo Ferry Road, which pin is the dividing line between this property and the property of John J. Miller, and running thence North 6 degrees 55 minutes East 657.7 feet to a pin in the centerline of a ditch; thence turning and running along the said ditch South 85 degrees 05 minutes West 409.88 feet to the Eastern side of the Intercoastal Canal; thence turning and running in a Southerly directions along the Eastern side of the Intercoastal Canal until the same intersects the Northern side of Pungo Ferry Road (State Route 190); thence turning and running along the Northern side of Pungo Ferry Road 345.2 feet to the point of beginning. Said parcel of land being shown on a certain plat entitled "Property of Lelia S. Dudley located near Creeds in Princess Anne County, VA" dated October 6, 1959, and made by W.B. Gallup, County Surveyor, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 49, at page 9 and designated on said plat as 5.52 acres reserved by Lelia S. Dudley. PARCEL THREE: ALL THAT certain tract, piece or parcel of land situate, lying and being in the Pungo Borough of the City of Virginia Beach, Virginia and being more particularly designated as Parcel 1, 6.881 acres on that certain plat entitled "Subdivision of Property of John J. Miller, Pungo Borough, Virginia Beach, Virginia," which plat is dated May 1969, was made by Frank D. Tarrall, Jr. & Associates, Surveyors and Engineers", and which plat is recorded in Map Book 80, at page 43 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; reference to said plat being hereby made for a more particular description and location of the aforementioned property. PARCEL FOUR: ALL THAT lot, piece or parcel of land situate on the North side of Pungo Ferry Road in Pungo Borough in the City of Virginia Beach, Virginia, designated "A" on a plat entitled "Subdivision of Property of John J. Miller located near Creeds, Pungo Borough, Virginia Beach, Virginia for Delbert R. James dated March, 1966, made by C. A. Bamforth C.L.S." to the duly recorded with a deed of even date herewith from the grantors herein to Delbert R. James reference being hereby expressly made to said plat, said land being more particularly bounded and described as follows: to -wit: BEGINNING at a pin in the Northern boundary of Pungo Ferry Road distant 447.1 feet South 88 degrees, 18 minutes East from the highway monument in said Northern boundary of said road near the East Bank of the North Landing River and eastern terminus of the Pungo Ferry Bridge and running thence North 6 degrees 55 minutes East 160 feet along other land of the first parties herein to another pin; thence North 88 degrees 18 minutes West a distance of 100 feet along the Southern line of Parcel B on said plat to a pin; thence South 6 degrees 55 minutes West 150 feet along the Eastern boundary of land of Delbert R. James to a pin in said Northern boundary of Pungo Ferry Road; thence South 88 degrees 18 minutes east along said road to the beginning. LESS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach by Deed recorded in Deed Book 2821, at page 1752. GPIN: 2309-33-6649 (Drain Field Site) ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 17, as shown on a plat entitled "Property of D.R. & Zora Belle James, Pungo Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 126, at page 26. Together with all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described properties, including, without limitation, all that certain sewer easement created by and between Robert L. Sowder, II, and Paula M. Sowder, and G. & J. Land Company, dated November 21, 1986 and recorded in the aforesaid Clerk's Office in Deed Book 2572, at page 58 EXHIBIT "B" SUMMARY OF TERMS SELLER: The Pitsilides Land Trust BUYER: City of Virginia Beach, VA PROPERTY: 2272 Old Pungo Ferry Road and related drain field site connected by a sewer easement (GPINs: 2309-23-6398 & 2309-33-6649) as further described in Exhibit A CONSIDERATION: $2,600,000.00 SOURCE OF FUNDS: Open Space CIP 4-308.003 ($1,500,000) and Agricultural Reserve Program Special Revenue Fund ($1,100,000 to be transferred to Open Space CIP) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon Seller executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale, pending Council approval. • Seller shall pay its own attorney's fees and costs, if any. 0 City shall bear the costs of preparation of closing documents and recording fees. X LL co z uj A cc Z LL 0 0 O C) < Z m U') CD n m b� —j — C) :) C4 co Z C4 C) 0 U') M 1,6 C? a! u:-D__o 0 LU CDZ -J 0 0 Cq Co N lu w 0 :Z3 0 C4 MN C* M U- N C* cv0 wocn 1:1 --- — —S UL ------ MEL C4 CZ) Z CLCL OQ ol D I I0, ❑tI w LL 0 Z M al PRINCESS Il w IL 0 �U-1 Item -V-J. 8b ORDINANCES/RESOLUTIONS -52 - ITEM #65124 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $192,100 in donations to VB HomeNow Foundation through Housing and Neighborhood Preservation re: the Housing Resource Center Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 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 AN ORDINANCE TO ACCEPT AND APPROPRIATE DONATIONS TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION AND TO AUTHORIZE A DONATION TO A FOUNDATION SUPPORTING THE HOUSING RESOURCE CENTER WHEREAS, the City has received $192,100 in donations from Beach Fellowship ($130,000), Wave Church ($50,000), Christian Broadcasting Network ($5,000), Virginia Dealer Services Inc. ($5,000), Waller Todd and Sadler Architects ($1,000), James Walrod ($500), Vansant & Gusler, Inc. ($500), and Black and White Cabs of Virginia Beach ($100); and WHEREAS, VB HomeNow Foundation is a local non-profit that has a pending application with the State Corporation Commission, and its purpose is to raise funds to support the mission of the Housing Resource Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $192,100 is hereby accepted and appropriated, with estimated revenues increased accordingly, to the FY 2015-16 Department of Housing and Neighborhood Preservation; and 2. The Council authorizes a donation of $192,100 to VB HomeNow Foundation conditioned upon: (a) VB HomeNow Foundation completing any registration requirements by the State Corporation Commission; (b) the Foundation establishing a banking account to receive such funds; and (c) the donated funds shall to be used in furtherance of services for the residents of the City to include supporting the mission of the Housing Resource Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18tlday of August , 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: J udget &6d Management Services Ci ttorney's Office CA 13414 R-1 August 4, 2015 Item -V-J 8c ORDINANCES/RESOLUTIONS -53 - ITEM #65125 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: C. $65, 000 from Virginia Criminal Justice Services to Police re internet crimes against children Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John, D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS TO THE FY 2015-16 OPERATING BUDGET OF THE POLICE DEPARTMENT FOR EFFORTS TO ADDRESS INTERNET CRIMES AGAINST CHILDREN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: $65,000 is hereby accepted from the Virginia Department of Criminal Justice Services via the Bedford County Sheriff's Office and appropriated, with estimated state revenues increased accordingly, to the FY 2015-16 Operating Budget of the Police Department to provide equipment, overtime pay, and specialized training and related travel to the Police Department, which will enhance efforts to address Internet crimes against children. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day Of August 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: C udget and Management Services Ci s Z5ffice CA13411 R-2 August 7, 2015 Item -V-J 8d ORDINANCES/RESOLUTIONS -54 - ITEM #65126 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: d. $400 from the Fire Gift Fund re to Fire Station Nine Voting: 10-0 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FIRE DEPARTMENT'S GIFT FUND TO THE FIRE DEPARTMENT OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $400 in donations from the Avis Budget Group is hereby appropriated, with estimated revenue increased accordingly, to the FY 2015-16 Fire Department Operating Budget to purchase a television for Station 09. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of August , 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: Budget an Ma agement Services Ci or y's Office CA13415 R-1 August 5, 2015 Item —V -K PLANNING 1. VICTORIA PARK HOMEOWNERS ASSOCIATION, INC. 2. STUDIO EVOLVE, LLC & MT. TRASHMORE OFFICE, LC 3. 2798 DEANLLC 4. FUN SPOT AMUSEMENTS, LLC 5. LARAE TUCKER and KRISH ENTERPRISES, LLC 6. PF HILL TIOP and REGENCY HILLTOP ASSOCIATES, LLP 7. MARK & KENNY SAMTANI a. 1602 Atlantic Avenue b. 2904 Atlantic Avenue 8. AMEND CITY ZONING ORDINANCE -55 - ITEM #65127 ITEM #1 WILL BE CONSIDERED SEPARATELY ITEM #4 WILL BE CONSIDERED FOR APPROVAL CLOSURE OF RIGHT-OF-WAY MODIFICATION OF CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT SPECIAL EXCEPTIONS August 18, 2015 Item -V-K PLANNING -56 - ITEM #65128 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT. Items 2, 3, 4, 5, 6, 7a/b and 8 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -57 - Item —V -K.1 PLANNING ITEM #65129 Larry King, 2704 Bending Birch Trail, Phone: 468-5459, advised Victoria Park Neighborhood was a good partner with the City and Schools during the construction of Kellam High School. The School is adjacent to the neighborhood, separated by a fence -line. The neighborhood is small with only one access point in and out of the neighborhood. As a member of the Board, he was asked to come speak tonight regarding a piece of common area on the property. Prior to the construction of Kellam High School, the property was given to the City in order to construct a "street" between the School and the neighborhood. The neighborhood maintains the property with their current landscaping contract although it is the City's property. The reason for the request is people from outside the neighborhood are loitering in the common area and the neighborhood has no recourse. The loitering is affecting the safety and security of the neighborhood. Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council DENIED: Application of VICTORIA PARK HOMEOWNERS ASSOCIATION, INC for Closure of the right-of- way, known as Guernsey Way, re open space DISTRICT 7 — PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-K2 PLANNING -58 - ITEM #65130 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of STUDIO EVOLVE, LLC & MT. TRASHMORE OFFICE, LC for Modification of Conditions of a Conditional Use Permit re expansion of a Tattoo Parlor (approved May 11, 2010) at 512 South Independence Blvd DISTRICT 3 — ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STUDIO EVOLVE, LLC & MT. TRASHMORE OFFICE, LC for Modification of Conditions of a Conditional Use Permit re expansion of a Tattoo Parlor (approved May 11, 2010) at 512 South Independence Blvd (GPIN 1476688794) DISTRICT 3 —ROSE HALL The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on May 11, 2010, are deleted and replaced with the conditions listed below: 2. The Tattoo Studio shall adhere to all applicable provisions of Chapter 23 of the City Code. 3. A Certificate of Occupancy shall not be issued until all applicable requirements of the Health Department are met. 4. Any on-site signage for the office complex and the Tattoo Studio shall meet the requirements of the Zoning Ordinance, and there shall be no signs, including neon or LED accents, installed on any wall area of the exterior of the building, windows or doors. 5. The Conditional Use Permit for the Tattoo Studio is approved for a period of one (1) year from the date of City Council approval, after which, per Section 221(k) of the Zoning Ordinance, the Conditional Use Permit may be authorized to continue by the Planning Director. 6. The actual Tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment or from the adjacent public property known as Mount Trashmore Park. 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 Eighteenth day of August, Two Thousand Fifteen. August 18, 2015 Item -V-K.2 PLANNING Voting: 10-0 -59 - ITEM #65130 (Continued) Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-K.3 PLANNING m ITEM #65131 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of 2798 DEAN LLC, for a Conditional Use Permit re bulk storage at 2798 Dean Drive DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 2798 DEAN LLC, for a Conditional Use Permit re bulk storage at 2798 Dean Drive (GPIN 1497740071) DISTRICT 6 — BEACH The following conditions shall be required: Except as modified by any changes or conditions required by any environmental agencies on the parcel, including but not limited to the Chesapeake Bay Preservation Area Board, Virginia Department of Environmental Quality and the Army Corp of Engineers, the site shall be developed substantially in conformance with submitted Site Plan entitled: "CONCEPTUAL DEVELOPMENT PLAN PARCEL "J", 1.900 ACRES, 2798 DEAN, LLC, IMPROVEMENT PLAN", dated 0313112015 and prepared by WPL. Said Site Plan was displayed to the Virginia Beach City Council and is on file with the Planning Department. 2. This Conditional Use Permit for Bulk Storage shall expire ten (10) years from the date of City Council approval. To continue the use of the site as a bulk storage facility after such expiration, the applicant shall request approval of a Modification of Conditions through the submission of the proper application in affect at that time. 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 Eighteenth day of August, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-K4 PLANNING -61 - ITEM #65132 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of FUN SPOT AMUSEMENTS, LLC, for a Conditional Use Permit re inflatable outdoor recreation at 304, 306 and 308 22nd Street DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FUN SPOT AMUSEMENTS, LLC, for a Conditional Use Permit re inflatable outdoor recreation at 304, 306 and 308 22nd Street (GPINs 2427180616; 2427089655, and 252 7089604) DISTRICT 6 —BEACH The following conditions shall be required: The inflated amusements, fencing, and Kiosk shall be located on the eastern side of the Site substantially as shown on the submitted proposed site layout. 2. The use shall only operate March through December. The hours of operation shall be limited to Monday through Friday 10:00 AM — 7:00 PM and Saturday through Sunday 12: 00 NOON— 7: 00 PM. 3. The inflated amusements are to be deflated and stored within an enclosed area nightly. This area shall be screened by privacy fencing and landscaping following the standards for screening bulk storage. Said enclosed area shall be located in the southern portion of the site. 4. Prior to Site Plan approval, a written agreement confirming the availability of restrooms within 500 feet of the subject Site shall be submitted by the applicant. 5. All blowers shall be insulated by a noise insulation box during all times of use. 6. Operation of the inflatables shall not commence prior to the completion of all the improvements required by these conditions and those required through Site Plan review. 7. Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirement of the Site Plan Ordinance, specifically as they relate to canopy coverage. 8. Landscaping located within the most northern twenty-eight (28) feet of the Site shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. This Site Plan was submitted as part of the previous request for a Commercial Parking Lot. 9. A modified Category IV Landscaped Buffer shall be provided along the western lot line. Said landscaping shall be allotted a minimum of eight (8) feet of depth from the face of curb to the western lot line for planting and fencing. The plantings of this Buffer shall be substantially as shown on the "SITE AND PLANTING PLAN EXHIBIT" dated August 12, 2014, as prepared by WPL. August 18, 2015 -62 - Item -V-K.4 PLANNING ITEM #65132 (Continued) 10. The applicant shall provide a six (6) foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the West. Said fencing shall begin at the most northern point of the existing fencing and extend North along the property line until it is even with the front fagade of the dwelling located on the adjacent lot. At that point, said fence shall taper to be four (4) feet tall and extend to the back of the curb of the most northern proposed paved parking area. Said fencing shall be substantially of the same design and material of the existing fencing. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 11. A four (4) foot tall ornamental aluminum maintenance free fence, no less than 50% transparent, shall be provided along the eastern side lot line and southern lot line. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair. 12. This Conditional Use Permit does not include, or allow, use of the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" as a vehicular point of ingress or egress. This connection shall be continuously landscaped and allow only for pedestrian ingress and egress. 13. The applicant shall be required to submit an application for a Modification of Conditions when the "FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING" is proposed for immediate use. Said application shall be accompanied by a Site Plan which includes the parcels identified as GPINs 2427- 18-0543 and 2427-18-0409. 14. The exterior of the attendant Kiosk shall be made of maintenance free materials. 15. An attendant shall be on site at all times during operation. 16. All outdoor lighting shall be shielded to direct light and glare onto the premises and said lighting and glare shall be deflected, shaded and focused away from adjoining property. 17. The gate proposed on 22nd Street shall consist of materials that are generally recognized as maintenance free. A detail of the gate shall be submitted with the final Site Plan for approval. 18. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review. 19. This Conditional Use Permit is approved for a maximum of two (2) years from the date of the City Council approval. After said time limit, per Section 221(k), the Conditional Use Permit may be authorized to continue by the Planning Director. 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 Eighteenth day of August, Two Thousand Fifteen. August 18, 2015 Item -V-K4 PLANNING Voting: 10-0 Council Members Voting Aye. -63 - ITEM #65132 (Continued) M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-K.5 PLANNING -64 - ITEM #65133 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of LARAE TUCKER and KRISH ENTERPRISES, LLC, for a Conditional Use Permit re a convenience store and fuel sales at 300 South Rosemont Road DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LARAE TUCKER and KRISH ENTERPRISES, LLC, for a Conditional Use Permit re a convenience store and fuel sales at 300 South Rosemont Road (GPIN 1487607775) DISTRICT 6 — BEACH The following conditions shall be required: 1. The Site shall be developed in substantial conformance with the submitted Plan entitled "ROSEMONT PRELIMINARY CUP PLAN, 300 S ROSEMONT RD, VIRGINIA BEACH, VA ", dated 04/30/2015, and revised on 05/22/2015, and prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on file in the Virginia Beach Planning Department. 2. The buildings shall be developed in substantial conformance with the submitted elevation drawing entitled: "7 -ELEVEN STORE 300 S ROSEMONT RD, VIRGINIA BEACH, VA 23452", dated 09/10/2014, and prepared by K2M Design. Said elevation has been exhibited to the City Council and is on file in the Virginia Beach Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition 4(c) below, the fuel canopy shall be constructed in substantial conformance with the elevation drawing entitled: "3x3 CABINET / CANOPY STRIPES", dated 06/08/2015, and prepared by Cummings. The fuel canopy supports shall be wrapped in the exterior materials that match the building, as shown on the submitted elevation referenced in Condition No. 2, above. Said elevations have been exhibited to the City Council and are on file in the Virginia Beach Planning Department. 4. Signage for the Site shall be limited to: a. Directional Signs b. One (1) monument -style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. C. Striping on canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter (1/4) of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents, installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. August 18, 2015 Item -V-K.5 PLANNING -65 - ITEM #65133 (Continued) 5. The freestanding sign shall be monument style and constructed in substantial conformance with the elevation entitled: "M16 & L16 MONUMENT", dated 0410212015, and prepared by Cummings. Said elevation has been exhibited to City Council and is on file in the Virginia Beach Planning Department. 6. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City Development Ordinances and Standards, the plant materials shall be installed in substantial conformance with the Plan referenced in Condition No. I above. 7. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided as depicted on the Plan identified in Condition No. 1 above. 10. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non -business hours. 11. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 12. Pedestrian walkway(s) to the Convenience Store shall be provided as depicted on the Plan identified in Condition No. I above and from any required sidewalks in the public rights-of-way in accordance with Section 246 (d) of the Zoning Ordinance and shall be depicted on the final Site Plan. 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 Eighteenth day of August, Two Thousand Fifteen. August 18, 2015 Item -V-K.5 PLANNING Voting: 10-0 Council Members Voting Aye. ITEM #65133 (Continued) M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-K.6 PLANNING -67 - ITEM #65134 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of PF HILLTOP and REGENCY HILLTOP ASSOCIATES, LLP for a Conditional Use Permit re a gym and fitness center at 1944 Laskin Road DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PF HILLTOP and REGENCY HILLTOP ASSOCIATES, LLP for a Conditional Use Permit re a gym and fitness center at 1944 Laskin Road (GPIN 2407387103) DISTRICT 6 — BEACH The following condition shall be required: 1. Conditions may be required during Administrative Review. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of August, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-K. 7a PLANNING ITEM #65135 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of MARK and KENNY SAMTANI and MAHAKAAL 1600 LLC, for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form -Based Code re a commercial building at: a. 1602 Atlantic Avenue BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MARK and KENNY SAMTANI and MAHAKAAL 1600 LLC, forecial Exceptions for Alternative Compliance to the Oceanfront Resort Form -Based Code re a commercial building at: a. 1602 Atlantic Avenue (GPIN 242 7168884) DISTRICT 6 -BEACH The following conditions shall be required: 1. The Facades shall be substantially as shown on the submitted Elevations titled, "1600 Atlantic Avenue, Proposed Exterior Elevations, " as prepared by Sal Lemole, dated May 18, 2015. 2. The setback of the Facades and Columns facing Atlantic Avenue and 16`h Street shall be substantially as shown on the preliminary Site exhibit incorporated into this report by Staff and titled, "1600 Atlantic Avenue, Proposed Floor Plan" as prepared by Lemole Architects, dated May 18, 2015. 3. No foundation landscaping shall encroach into the right-of-way of Atlantic Avenue. Foundation landscaping shall be reviewed for approval by the City Landscape Architect of the Development Services Center. 4. As proposed, the space shown to the West of the building shall not be counted as Outdoor Amenity Space. Outdoor Amenity Space shall be provided between the proposed building and the right-of-way of Atlantic Avenue and 16`h Street. Street trees, proposed in the planting zone of 16"' Street and as approved by Virginia Beach Landscape Management, may count towards meeting the minimum 5% Outdoor Amenity Space. 5. With the exception of the improvements included in the conditions above, the Site shall be substantially as shown on the submitted conceptual Site exhibit titled, "Conceptual Layout Plan for 1600 Atlantic Avenue, " as prepared by MSA, P.C., dated May 26, 2015. 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 Eighteenth day of August, Two Thousand Fifteen. August 18, 2015 Item-V-K.7a PLANNING Voting: 10-0 Council Members Voting Aye: ITEM #65135 (Continued) M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-K 7b PLANNING -70 - ITEM #65136 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of MARK and KENNY SAMTANI and MAHAKAAL 1600 LLC, for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form -Based Code re a commercial building at: b. 2904 Atlantic Avenue BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MARK and KENNY SAMTANI and MAHAKAAL 1600 LLC, for Special Exceptions for Alternative Compliance to the Oceanfront Resort Form -Based Code re a commercial building at: b. 2904 Atlantic Avenue (GPIN 2428016690) DISTRICT 6 -BEACH The following conditions shall be required: The Facades shall be substantially as shown on the submitted elevations titled, "2904 Atlantic Avenue, Proposed Exterior Elevations, " as prepared by Sal Lemole, dated May 18, 2015. 2. No foundation landscaping shall encroach into the right-of-way of Atlantic Avenue. Foundation landscaping shall be reviewed for approval by the City Landscape Architect of the Development Services Center. 3. The space shown to the West of the proposed building shall not be counted as Outdoor Amenity Space. The minimum prescribed amount of Outdoor Amenity Space shall be provided between the proposed building and the right-of-way. 5. With the exception of the improvements included in the conditions above, the Site shall be substantially as shown on the submitted conceptual Site exhibit titled, "Conceptual Layout Plan for 2904 Atlantic Avenue, Staff Recommended Version " as prepared by MSA, P.0 dated May 26, 2015. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day ofAugust, Two Thousand Fifteen. August 18, 2015 Item -V-K 7b PLANNING Voting: 10-0 Council Members Voting Aye: -71 - ITEM #65136 (Continued) M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-K.8 PLANNING -72 - ITEM #65137 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT: Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) re Definition of Family Day -Care Home Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 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 AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION OF FAMILY DAY-CARE HOME Section Amended: § 111 of the City Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 111. Definitions. Family day-care home. Any private family home which, as a home occupation, provides care, protection and guidance to a group of children separated from their parents or guardians during a part of the twenty -four-hour day. This term shall apply only to homes in which more than five (&) four 4 children are received except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives, exceeds seven (7). COMMENT This amendment is necessitated by the adoption of revisions to Virginia Code §15.2-2292 governing family day homes by Senate Bill 1168, 2015 General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18thday of August , 2015. APPROVED AS TO CONTENT: �A Planning epartment CA13367 R-2 May 27, 2015 APPROVED AS TO LEGAL SUFFICIENCY: e, 1 City Attorney's Office -73 - ITEM V -L APPOINTMENTS ITEM #65138 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SER VICES BOARD — CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD TIDEWATER COMMUNITY COLLEGE WORKFORCE HOUSING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -74 - ITEM V -L APPOINTMENTS ITEM #65139 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DIANE F. HORSLEY Four-year term 1010112015 — 0913012019 AGRICULTURE ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -75 - ITEM V -L APPOINTMENTS ITEM #65140 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: BETH BAILEY ANNE L. MANNARINO KATHLEEN M. REED CHRISTINA M. TRAPANI Three-year term 0410112015 — 0313112018 CLEAN COMMUNITY COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -76 - ITEM V -L APPOINTMENTS ITEM #65141 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: GA VIN B. MOULTON Senior — Princess Anne High School One-year term 0910112015 — 0813012016 and REAGAN BRACKNELL Junior — Princess Anne Two-year term 0910112015 — 0813112017 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -77 - ITEM V -L APPOINTMENTS ITEM #65142 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ELIZABETH M. DIETZMAN Five-year term 0910112015 — 0212812020 MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -78 - ITEM V -L APPOINTMENTS ITEM #65143 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: LINDSEYMARIE TAYLOR Junior — Salem High School Two-year term 0910112015 — 0813112017 and HUGH TIERNEY Three-year term 0910112015 — 0813112018 PARKS and RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -79 - ITEM V -L APPOINTMENTS ITEM #65144 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: CLARICE PLATT Three-year term 0910112015 — 0813112018 and REAPPOINTED MARRILUP. ABL 0WICH MARYD. McGOVERN Three-year term — 0910112015 — 00813112018 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 un ITEM V -L APPOINTMENTS ITEM #65145 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: PHIL DAVENPORT, DIRECTOR OF PUBLIC WORKS ALTERNATE - Representing the City of Virginia Beach Four-year term 0811812015 —1213112019 SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -81 - ITEM V -L APPOINTMENTS ITEM #65146 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: AMELIA ROSS-HAMMOND One-year term 0410112015 — 0313112016 THE PLANNING COUNCIL Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent. Shannon DS Kane August 18, 2015 -82 - ITEM V -L APPOINTMENTS ITEM #65147 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: RICHARD BIEMILLER WANDA COOPER Four-year term 0910112015 —1213112019 VIRGINIA BEACH COMMUNITY COMMUNITY DEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: AI Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 -83 - ITEM V -L APPOINTMENTS ITEM #65148 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: CINDYAROCHO No term 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Shannon DS Kane August 18, 2015 Item -V-O ADJOURNMENT -84 - ITEM #65149 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:47P.M. 0 '/' Amanda Finley -Barnes, MC Chief Deputy City Clerk 4RH:io;;dZg-2es �Fras`erMM�C�� City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor August 18, 2015