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DECEMBER 8, 2015 MINUTES
I 1LS w E ;t^ �Fa�r3� C11_4?:- ? kq,.. Ot 21Avz,>i r,tiY'V' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 8, 2015 Mayor William D. Sessoms, Jr., called to order the City Council's Briefings in the City Council Conference Room, Tuesday, December 8, 2015, at 3:30 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None ' II 2 CITY COUNCIL'S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM#65502 3:30 P.M. Mayor Sessoms welcomed Father James Parke, Director— Office of Volunteer Resources. Father Parke expressed his appreciation to City Council for their continued support of the Volunteer Program: CITY OF VIRGINIA BEACH OFFICE OF VOLUNTEER RESOURCES ; Putting Gommuntty in Government Annual Report to City Council ; Below is the Mission of the Office of Volunteer Resources: The Office of Volunteer Resources exists to support and guide City of Virginia Beach departmental volunteer programs in connecting citizens with government through diverse volunteer opportunities. =ti !' 2 December 8, 2015 3 CITY COUNCIL'S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM#65502 (Continued) Below is the overall Volunteer performance data. Overall, the figures are a great tribute to the Volunteers and Staff who work daily to do more with less: Volunteer Count 17,754 Value of Volunteerism $29,101,863.05 Hours of Service 1,261,459.17 Full Time Equivalency 606.47 Avoided Real Estate Tax Rate _5.63 C tl it I The Volunteers help provide quality services, recreational/cultural experiences and educational opportunities not matched by any other City: V©p W@J an c T©0°u 'b c P a[rh®n Parks and Recreation 9,020 Virginia Aquarium 1,461 Agriculture 1,238 Emergency Medical Services 1,106, Libraries 975 ' Sheriff 959 Public Health 667' Police 649 Fire 303 Human Services 247 • December 8, 2015 4 CITY COUNCIL'S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM#65502 (Continued) For years, three (3) Departments have been shining examples of how citizens are welcomed and allowed to work side-by-side with City Staff, which in turn makes the City of Virginia Beach the "Greatest City in the World". The Departments are Emergency Medical Services, the Sheriff's Office and Parks and Recreation. Each of the Departments bring a unique but vital service to the City: purr Emergency Medical Services $10,027,532.38 434,656.80 Sheriff $8,592,641.82 372,459.55 Parks and Recreation $2,757519.94 119519.72 Virginia Aquarium $1,793,968.88 77,761.98 Police $1,294,645.72 56,118:15 Libraries $840,632.04 36;438.32 Agriculture $803,366.61 34,823.00 Fire $674,849.41 29,252.25 Human Services $668,153.80 28,962.02 Cultural Affairs $505536.73 21,91750 5 Below are the Departments that had the most growth this past Fiscal Year: 'Top ©crony h yo uni;gar©ounft 1. Housing and Neighborhood Preservation 2. Economic Development 3. City Attorney 4. Budget and Management Services 5. History Museums 6. Emergency Communications and Citizen Services 7. City'Auditor 8. Sheriff 9. Public Works 10. Agriculture 4� 4 .g December 8, 2015 5 CITY COUNCIL'S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM#65502 (Continued) Much of the hours of service growth came from departments creating new Volunteer and Internship Programs: r© C5- co h ori Hcou 4,[ is Dy. liAptegamGnq 1. City Attorney 2. Economic Development 3. City Auditor 4. Emergency Communications&Citizen Services 5. Planning 6. Housing and Neighborhood Preservation 7. Budget and Management Services 8. :Sheriff 9. Cultural Affairs 10. Communications and Information Technology The City's Neighborhoods are tremendously engaged and are talking online now more than ever: -Asqgfl,br ( cg]p1ng Hcgrigfb© Neighbors are... Date Neighborhoods Members. • Organized •'Aware of City Volunteer Programs Nov 2012 25 497 • Sociable Nov.2013 199 5,918 • Apt to Report Crime • Engaged in Community Volunteer Efforts Nov 2014 278 17,653 • Likely to Assist in the Event of an Nov 2015 349 30,207 Emergency • Helping Neighbors in Need! ilr Nextdoor ..'! December 8, 2015 6 CITY COUNCIL'S BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM#65502 (Continued) Father Parke presented Mayor Sessoms a check representing the value of Volunteers in FY2014-2015 at $29.1-MILLION: "Fr,Ti, ,---; --447-,, . -.1. •` _,p, AnAnil �. t , - '''r .}, is= to y, ',. iiii wie t T f.e. ;',., ja, '.‘', ,A -_ '-.7- '24 z -' - -< -- Mayor Sessoms expressed his appreciation to Father Parke and all of the outstanding City Volunteers. • December 8, 2015 ' II 7 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 3:42 P.M. Mayor Sessoms welcomed Patti Phillips, Director — Finance. Ms. Phillips advised the Finance Department officially closed the City's financial accounting records for Fiscal Year ending June 30, 2014. This presentation will reflect the City Council's goal of"creating a financially sustainable City by providing excellent services to provide transparent and understandable financial information": • Audite4 December 8, 2015 1VBVirginia Beach Ms. Phillips introduced Krista Edoff with Cherry Bekaert. Ms. Edoff expressed her appreciation to City Council and the Finance Department for their assistance. Below is the Agenda for today's presentation: • Cherry Bekaert Comments • FY 2015 Audited Financial Statements • Entity Wide Statements- GASB 34 • General Fund • School Operating Fund • Water&Sewer Fund • Storm Water Fund • Waste Management Fund TIP Fund • Debt - June 30, 2015 a Fiscal Year 2016 - Through November 30, 2015 December 8, 2015 1 II 8 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) i i�� iii ---.= µSi' (i; s opip i.t.i..tvoizr, i i.i i:iiiii';;*';:iVi...". 'ilik- viri:77,N ii:..11;t4i;.7i ii.:iiiii' ; ii At,,,1+ Cherry Bekaert Below the Engagement Summary provides an overview of duties: Engagement Summary ► You have engaged us to provide the following: Audit of the City's, School Board's and Economic Development Authority's FY 2015 financial statements Audit of the City's major federal programs required by OMB Circular A-133 Audit of the City's compliance with the laws, regulations,grants and other agreements,including the City's compliance with the Auditor of Public Accounts'Specifications for Audits ofn Counties, Cities and Towns ,''�Cherry E eK,:=r::. mar a 4, , ,..: mi . p „cb. _ w , " December 8, 2015 I III I 9 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Below is the overall Audit Results: Overall Audit Results ► Our opinion on the 2015 financial statements was unmodified or "clean"opinion ► Testing of material balances and transactions ► Internal controls assessed for planning purposes only ► Comparability of financial statements to FY14: ► Implementation of New Standards ► Reclassification of the Waste Management Fund Cherry Pit: r=rt OrSW IVA Overall Audit Results ► Our opinions on compliance were unmodified or"clean"opinion ► Internal control deficiencies over financial reporting and compliance ► None reported ► Compliance with grants,agreements,laws and regulations: ► One instance detailed in the Schedule of Findings and Questioned Costs „►Cherry EN3 rt wso x Ss sssYWSa,. . .: ' —nsP7WISSZIA, s December 8, 2015 10 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Auditor's Required Communications ► Accounting Policies • Adoption of new accounting policies effective July 1,2014 • GASB Stmt No.68—Accounting and Financial Reporting for Pensions—an amendment of GASB Stmt No. 27 • GASB Statement No.71 —Pension Transition for Contributions Made Subsequent to Measurement Date—an amendment of GASB Stmt No. 68 • Change in accounting policies • The application of existing policies was not changed during 2014 i.• Cherry vek:er. , % _ .I Hyyyk r No audit adjustments, uncorrected misstatements and no disagreements with management were found: Auditor's Required Communications ► Management Judgment and Accounting Estimates • Allowance for Doubtful Accounts and Taxes Receivable • Depreciation Expense • Actuarially-computed Liabilities ► Disagreements with Management • There were no disagreements with management regarding accounting or auditing issues ► Consultation with Other Accountants • We are not aware of any y�Cherrye-.a.::" ,a: ,Be lieu .,,, ,� �4�G",A �... «tt.dN tta'm..=_._. �°7�Wys" R��'P" Mair.'.. ....,.�,I y� December 8, 2015 11 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Auditor's Required Communications° ,,.,R, ► Audit Adjustments and Uncorrected Misstatements • None ► Difficulties Encountered in Performing the Audit ▪ We encountered no difficulties in preforming the audit ► Material Client Communications • Representation letter ► Independence • We are not aware of any relationship that we believe, based on current authoritative guidance,would impair our independence „, Cherry +»5 i"Mae flr Below is an overview of new accounting and reporting changes. Two of the most important changes that affect the City are the Amendments to GASB Statement No. 72 and No. 77.• "i New Accounting and Reporting Changes GASB statements effective for FY 2016: ► GASB Statement No. 72-Fair Value Measurement and Application • Significantly changes fair value measurement and disclosures • Use valuation techniques that are appropriate in the circumstances and for which sufficient data are available to measure fair value • Established a hierarchy for measurement of assets or liabilities — Level 1—Quoted prices in active markets — Level 2—Direct or indirect observations other than quoted prices — Level 3—Unobservable inputs ► GASB Statement No. 77-Tax Abatement Disclosures • The new standard will require detailed disclosure related to taxes that were abated during the year,including type of-tax being abated,a description of abatements,amount of abatements,eligibility criteria, and provisions for recapturing abated taxes Cherry Eiek;rat.r.. „'"', ': w' 9 December 8, 2015 12 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) New Accounting and Reporting Changes GASB statements effective for FY 2017: ► GASB Statement No.74—Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans • Covers reporting by OPEB plans that administer benefits on, behalf of governments GASB statements effective for FY 2018: ► GASB Statement No.75—Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions ▪ Requires governments to report a liability on the face of the financial statements for OPEB obligations v;'t Cherry Ee K),..rt r r 7 Pr .rmt T' " Contact Information Krista Edoff Laura Harden 757.228.7058 757.228.7065 Cherryekaert. pn w? G �t 7 7th runlC nhh ,!rO ..,q 9 Mayor Sessoms thanked Ms. Edoff, Ms. Phillips and the entire team for their work. December 8, 2015 13 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Ms. Phillips advised today's presentation is to provide information regarding the items listed below: • Cherry Bekaert Comments • FY 2015 Audited Financial Statements • Entity Wide Statements- GASB 34 • General Fund s School Operating Fund • Water&Sewer Fund • Storm Water Fund • Waste Management Fund • TIP Fund • Debt - June 30, 2015 • Fiscal Year 2016 - Through November 30, 2015 13 The City's total "Net Position"is just over$3.28-Billion: City Schools CDC Total Assets $ 5,411.1 $ 650.1 $ 32.9 $ 6,094.1 Deferred Outflows of Resources 54.9 59.6 0.0 114.5 City Liabilities (1,604.9) (118.0) (16.6) (1,739.5) GASB68 Pension Liabilties (333.8) (634.8) 0.0 (968.6) Deferred Inflows of Resources (101.2) (117.7) 0.0 (218.9) Net Position: Net Investment in Capital Assets 3,011.1 501.2 10.9 3,523.2 Restricted 556.1 29.9 0.0 586.0 Unrestricted (141.1) (692.0) 5.4 (827.7) Total Net Position $ 3,426.1 $(160.9) $ 16.3 $ 3,281.5 CAFR Exhibit 1 LL December 8, 2015 � JI 14 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Ba is r c.rn Net Pension Liability 2 Addition of Net Pension Liability due to GASB68 effective FY15 • City Net Pension Liability of $333.8M distributed amongst the entity-wide and enterprise funds • The Net Pension Liability reduces the Net Position (equity) of these funds Waste Management Enterprise Fund • Full accrual 15 City Council adopted a Policy of maintaining a General Fund Balance of 8-12% of the subsequent year's revenues; and, in line with that policy, the Unassigned General Fund Balance at June 30, 2015, is $97- Million, or 9.3%of FY2016 Revenue: %of BUDGET ACTUAL VARIANCE Budget LOCAL $ 849.5 $ 849.8 $ 0.3 0.0% STATE 150.7 147.8 (2.9) -1.9% FEDERAL 19.1 19.4 0.3 1.6% TOTAL REVENUES $ 1,019.3 $ 1,017.0 $ (2.3) -0.2% CITY $ 661.2 $ 626.5 $ 34.7 5.2% SCHOOLS 410.9 398.6 12.3 1.6% TOTAL EXPENDITURES $ 1,072.1 $ 1,025.1 $ 47.0 4.4% REVENUES OVER(UNDER) $ (52.8) $ (8.1) $ 44.7 FUND BALANCE-JULY 1 171.9 LESS:RESERVATIONS (66.8)* UNASSIGNED FUND BALANCE-JUNE 30 $ 97.0 Fund Balance as a percent of F1'2016 Revenues is 93° CAFR Exhibit 5 *Reflects encumbrances of$10.5 million 15 December 8, 2015 15 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) State Revenues are down from FY2014 due to the reduction in State Public Assistance Grants and under Budget Recordation fees: $175 _..... ___. .......... ___ 159.3 156.1 149.3 150.7 $150 143.5 140.7 143.8 144.1 145.4 143.4 145.9 147.8 $125I r � fa : o E$100 w al $75 $25 - I 1%4 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 ®Budge[ DActuel 17 Below is the history of Unassigned General Fund Balance: $200 ............. ____. 16.0% 12.8% 11.9% $150 11.0%._.____... - 12.0% 10.1a/o 10.1%.:. 10.7% 10.4% • • 9.5% 9.3% m 4 $ $100 , v ru 8.0% o: X103 %. i cl $50 :�'�* �..... 1 a,. —4.0% soo.0% 2006 2007 2008 2009 2010µ 2011 2012 2013 2014 2015 ®Unassigned dF Balance -q%of Budgeted OF Revenue Policy=8-12%of Revenues 18 December 8, 2015 i II 16 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Total Reversion to the City from the School's Operating Fund for FY2015 was$12.3-Million: Fo 1,h L? , c l F ,l Ca n - t"i illSi)i1s Budget Actual Variance REVENUES: City $ 390.2 $ 390.2 $ - Local 2.7 3.5 0.8 School's Reserve&Other Funds 19.2 19.1 (0.1) State Share of Sales Tax 70.1 70.4 0.3 Commonwealth 252.6 250.2 (2.4) Federal Government 16.0 14.3 (1.7) Total Revenues $ 750.8 $ 747.7 $ (3.1) EXPENDITURES $(756.8) $(741.4) * $ 15.4 Total Reversion to City $ 12.3 *Reflects encumbrances of$9.3 million ig The Water and Sewer Enterprise Fund Net Change in Position is$21.3-Million: Budget Actual Diff Charges for Services $ 70.1 $ 75.7 $ 5.6 Sale of Water 45.9 45.3 (0.6) Other 4.3 7.2 2.9 Total Revenues $ 120.2 $ 128.2 $ 8.0 Water Services Contract $ 25.0 $ 23.8 $ 1.2 Operating Expenses 63.2 54.4 8.8 Debt Service 24.4 15.0 9.4 Transfers to CIP 13.8 13.8 0.0 Total Expenditures $ 126.4 $ 107.0 $ 19.4 Net Change in Position $ 21.3 December 8, 2015 II 17 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Bu et to cit.a at June 0. Budget Actual Diff Charges for Services $ 38.9 $ 39.1 $ 0.2 Other 0.5 0.9 0.4 Total Revenues $ 39.4 $ 40.0 $ 0.6 Operating Expenses $ 19.0 $ 17.5 $ 1.5 Debt Service 2.8 1.6 1.2 Transfers to CIP 9.5 9.5 0.0 Total Expenditures $ 31.3 $ 28.6 $ 2.7 Net Change in Position $ 11.4 2, The Waste Management Special Revenue Fund became an Enterprise Fund in FY2015: mU o lsj Budget Actual Diff Charges for Services $ 33.8 $ 34.6 $ 0.8 SPSA Rebate 8.0 8.0 0.0 Other 1.0 0.9 (0.1) Total Revenues $ 42.8 $ 43.5 $ 0.7 Program Support $ 1.1 $ 0.5 $ 0.6 Waste Disposal 18.9 18.2 0.7 Waste Collection 12.0 11.3 0.7 Yard Debris/Hazardous Waste 2.2 1.9 0.3 Recycling 5.0 4.7 0.3 Transfers to Water&Sewer 0.5 0.5 0.0 Transfers to General Fund 2.1 2.1 0.0 Total Expenditures $ 41.8 $ 39.2 $ 2.6 Net Change in Position $ 4.3 22 December 8, 2015 18 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) w"s ki3) Ster :ti' o Actua a. ne 3aµ' w . ({n 3alii D.flS) Budget Actual Diff Hotel Room Tax $ 15.3 $ 15.8 $ 0.5 Restaurant Meal Tax 11.5 11.5 (0.0) Amusement Tax 5.8 5.9 0.1 Cigarette Tax 0.9 1.0 0.1 Other 1.5 1.3 (0.2) Total Revenues $ 35.0 $ 35.5 $ 0.5 Debt Service $ 24.2 $ 24.1 $ 0.1 SGA Special Events 3.3 3.1 0.2 Operating Expenses 2.4 2.2 0.2 Transfer to Sandbridge SSD 2.3 2.5 (0.2) Transfer to CIP 2.8 2.8 0.0 Transfer to General Fund 2.1 2.1 0.0 Total Expenditures $ 37.1 $ 36.8 $ 0.3 Net Change in Fund Balance $ (1.3) 23 Below is the City's Long Term Debt with specifics regarding funds allocated: Total Debt-$1.305B Agriculture Reserve Program 3.2% General Government - a 54.1"/0 � Storm Water , Water and Sewer VILi 14.8% Schools 24.3% 24 December 8, 2015 19 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Fund Balance within Policy, lower than 2014 - (9.3% FY15 vs 9.5% FY14) Reservations for FY16 operating budget include: SPSA-$5.2M - FY16 CIP Budget-$16.0M School Reversion&Revenue Sharing-$12.9M • Actual revenues were 0.2% under budget • Actual expenditures were 4.4% under budget a Entity-wide statements represent the municipal corporation Pension liabilities total$968.6M,which includes $333.8M for the City and$634.8M for the Schools • Next GASB75 - OPEB Liabilities z, ;a. FY2016 Through November December 8, 2015 ' I 20 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) Y y 2 u-ten al g-?.tind even e "sail n urea orn .r ti k • €;eget Tar o : ,_ r `' . 201 :5 (tn ¢1"7,["cions) Annual YTD Butgel Actual Variance Revenues Local (83.5%of budget) $ 871.6 $ 287.3 $(584.3) State (14.6%of budget) 151.8 37.9 (113.9) Federal (1.9%of budget) 19.6 6.0 (13.6) Total Revenues $1,043.0 $331.2 $(711.8) Expenditures City Operations $ 667.3 $ 285.5 $ 381.8 School Operations 407.5 169.8 237.7_ Total Expenditures $1,074.8 $455.3 $ 619.5 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/15 $ 10.6 City and School Capital Projects 16.0 SPSA 5.2 Adjusted Expenditures $1,043.0 27 Departments are spending below the trend line: .1 100% _. _._____-- -----...- 1-0.0% ACTUAL REVENUES=$331.2M Ali'7,Y ACTUAL EXPENDITURES=$455.3M 83..8% 80% 75.63 77.1% 6E3A`Y,' !0 440% 42A°io 3 31.8' c 28_&"•,tea 94.9% 3;..2 fig u 17.6% 1 20.0% 12.60. 0% 4.1015 7.4% Iul Aug Sep OM Nov Dec Ian Feb Mar Apr May lun -®-Rev Trend t%of FY16 Rev Budget ^.-Expenditure Trend -1'.-%of FY16 Exp Bodget 24 December 8, 2015 ' II 21 CITY MANAGER'S BRIEFINGS ANNUAL AUDIT/COMPREHENSIVE ANNUAL FINANICAL REPORT(CAFR)/INTERIM FINANCIAL REPORT ITEM#65503 (Continued) December Interim - 6 months Jan 26, 2016 FY17 Budget Proposal Mar 22, 2016 FY17 Budget Adoption May 10, 2016 23 Mayor Sessoms thanked Ms. Phillips and her entire Team for their work. December 8, 2015 22 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 4:09 P.M" Mayor Sessoms welcomed Barry Frankenfield, Acting Director—Planning. M . Frankenfield expressed his appreciation to City Council for their continued support. In an attempt to meet the schedule set forth by City Council, each Chapter of the Comprehensive Plan was assigned to one or two Members of the Planning Commission for review and input. He expressed appreciation to the Planning Commission for their work: R COMPFEHENSNE Major Phroj Future: A Choice Draft Compreensiveect PlanBrief Update *: ��� "its Our City City ° ° �• DecemCouncilber 8,2015Workshop V rgida Bea h Below is the Project Purpose: Project Purpose • State-mandated 5 Year Review of Comprehensive Plan(Dec. 2009) • 3 elments: e Policy Docum - mguiding City's long-range physical growth and development,agenentsda for future action a Technical Report-existing conditions,supporting data and maps Reference Handbook-reference material(guidelines,plans adopted by reference) • Planning Commission prepares update with public input and recommends to City Council Vguinin Beach December 8, 2015 23 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Below are the Goals of the Project: Project Goals • Acknowledge plan implementation accomplishments,build on successes • Forward focus-planning horizon of 25 years-align with Envision VB 2040 and Sustainability Plan,other local and regional plans • Broad public engagement • Responsive to citizens,City staff/City Manager,Planning Commission,and City Council direction • Responsive to emerging trends and issues(local,regional,national) • Responsive to state planning mandates: • Master Transportation Plan • Affordable housing • Transportation/transit needs for special needs populations(i.e.,seniors, disabled) • State preference and technical guidance for"living shorelines" • Adaptation strategies for recurrent flooding and sea level rise v��sm;•ee•rn ; Below are the Major Themes from both stakeholders and employees: Major Themes • A Choice City: We have made • Parks/open space planning and strategic choices to offer various protection lifestyle choices and have become a • Rural Area protection and city of choice! agricultural vitality Transportation-choices, 7 Affordable housing improvements,and traffic • Aging neighborhoods and congestion commercial centers • Community connectivity-- Aging and accessibility pedestrian,bikeways,trails,and issues/Millenials communications • r. Environmental stewardship and Changing demographics resiliency planning--stormwater Infrastructure planning and management,floodplain maintenance management,adaptation planning for rising waters,recurrent flooding and coastal storms • Southern Rivers Watershed Area special drainage considerations TTIB December 8, 2015 I it 24 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Jeryl Phillips, Comprehensive Planning Coordinator,provided the Chapters of the Policy Document: Policy Document Chapters Preface City-Wide Elements • Wh}to we plan? • Master 1 anspr rtation Plan • What is a Comprehensive Plan? • Environmental Stewardship Framework • Executive Summary • Ilousing&Neighborhoods • Economic Vitality • Planning Areas&Planned Land Use Spend Et��,ttti,��Gru tS lawn Map • Urban,Areas Plan Implementation&Agenda for s rareglr Gro..,"r5 Araas Future Action • Suburban Area Susurrus Foc+.tr Areas • Princess Anne Commons& "i ransition Area • Rural Area • Military Installations&Support \113 Below are the contents of the Policy Documents: Policy Document Contents • Preface -- City-Wide Elements • Why do we plan? • Master Transportation Plan • What is a Comprehensive Plan? • Environmental Stewardship Framework - Executive Summary • Housing&Neighborhoods • Economic Vitality = Planning Areas&Planned Land Use su.-r a Frou•ms cr<wth Area Map • Urban Areas • Plan Implementation&Agenda for • Strategic Gro,":th Arta,, Future Action • Suburban Area Srbw9,„,�,e'ocus aar s Appendices • Princess Anne Commons& • Technical Report Transition Area • Reference Handbook • Rural Area • Military Installations&Support 113 December 8, 2015 25 CITYMANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Chapter 1 serves as the Executive Summary for the Policy Document: Policy Document Highlights Chapter 1— Executive Summary Stand-alone Comprehensive Plan overview and outline of document Key points considered during plan update preparation Encourages reader to read on for details The City has five(5)Planning Areas as identified below: Policy Document Highlights Planning Areas & Planned Land Use Map 5 Planning Areas: i.Urban Areas 8 Strategic Growth Areas(SGAs) 2.Suburban Area 8 Suburban Focus Areas(SFAs) 3.Princess Anne Commons&Transition Area Areas below the"Green Line" 4.Rural Area - Area below the"Green Line" 5.Military Installations Y` = 4 Strategic Economic Growth Areas(SEGAs) December 8, 2015 26 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Chapter 2 addresses the Urban Areas to include the SGAs. This document will shift from "Planning" to "Implementation": Policy Document Highlights Chapter 2 — Urban Areas (SGAs) • Master planning for all SGAs is complete-focus is now on implementation and investement partnerships for transformation a Interim uses are recognized as part of the gradual transformation process until zoning code changes and market forces bring about SGA long-term visions Plan update objective is to achieve quality urban site design and building form with flexible building types that will enable transition into recommended uses over time New policy:Uses deemed consistent,but acceptable as interim uses,should be granted for a limited period of time. Time periods may be extended on an annual basis if markets not yet aligned. y Policy Document Highlights Chapter 2 -- Urban Areas (SGAs) t Development incentives and tools have been incorporated noting resource links for more info t Plan identifies need to priority CIPs for each SGA and to further key SGA initiatives,noting supporting plan recommendations,implementation strategies, recommended actions,and current programmed and funded CIPs for each SGA t Recommended action plans for Newtown and Pembroke SGAs to acknowledge City Council's support for light rail transit extension from Norfolk(seek'transit-oriented development'implementation strategy vetted through public process) December 8, 2015 27 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 2 — Urban Areas (SGAs) Plan's guiding principles for SGAs have been expanded to include or strengthen language and policies regarding: • Transit-oriented development • Diversifying housing stock and introducing workforce housing • Providing accessible parks,open spaces,and recreation facilities • Expanding sustainable green infrastructure • Cultivating arts and cultural venues and events • Preserving designated historic resources • Planning for sea level rise and recurrent flooding in affected SGAs Chapter 3 addresses the Suburban Area and is the defining quality as the City has evolved: Policy Document Highlights Chapter 3 — Suburban Area e `Suburban'development and lifestyle defining quality of Virginia Beach as city evolved • Land remains available for this development pattern but extremely limited now • Portions of Suburban Area have begun to transform to urban forms of development in or near SGAs along VA Beach Blvd.corridor • Development has been of various forms and types,offering new lifestyle choices and greater housing affordability of certain types December 8, 2015 i I i 28 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) This Chapter recommends three (3) "Guiding Planning Principles": Policy Document Highlights Chapter 3 - Suburban Area Plan update understands this transformation to be part of the maturing of the City. To address issues that come with maturing city,Suburban Chapter recommends 3 Guiding Planning Principles: • Create and maintain neighborhood stability and sustainability-create"Great Neighborhoods" • Protect and enhance nature open spaces and places and buildings of cultural and historical significance,incorporate them into development as appropriate • Create and maintain a transportation system that provides connectively and enhances mobility regardless of mode V This Chapter continues the emphasis on the unique Suburban Area that requires additional planning guidance, known as the Suburban Focus Areas (SFA): Policy Document Highlights Chapter 3 — Suburban Area Plan update continues emphasis on places within the Suburban Area that are of such a unique type or have unique issues that require additional planning guidance- 'Suburban Focus Areas' • SFA 1-Shore Drive Corridor • SFA 2-North Courthouse/South Holland(NEW!) • SFA 3-Historic Kempsville Area • SFA 4-Virginia Aquarium&Owls Creek Area • SFA 5-First Colonial Medical Corridor • SFA 6-Sandbridge • SFA'7-North Beach Area(North End) no • SFA 8-Military Highway Corridor December 8, 2015 29 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 3 — Suburban Area Planning recommendations for the`Strategic Economic Growth Areas(SEGAs)'moved to new plan Chapter 10-`Economic Vitality' Chapter 4 addresses the Princess Anne Commons and the Transition Area which are situated below the "Green Line": Policy Document Highlights Chapter 4— Princess Anne Commons & Transition Area • Section on SEGA 4-Princess Anne Commons designation and related policies moved to Chapter io,Economic Vitality to be placed with other recommendations for SEGAs • Removed areas located north of the'Green Line'and designated them as part of Suburban Planning Area as new 'Suburban Focus Area 2-North Courthouse/South Holland' • Added section on significance of areas that are part of the Southern Rivers Watershed Area and are included in new Green Sea Blueway and Greenway Management Plan Vi3 It December 8, 2015 30 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 4— Princess Anne Commons Transition Area O New policy: Preliminary cummulative impact drainage studies required for all discretionary development in Southern Rivers Watershed Management Area New policy: All development in Transition Area should be considered relative to its impact on current and planned infrastructure. Connections to existing public utilities infrastructure should be required for all discretionary development Policy Document Highlights Chapter 4-- Princess Anne Commons Transition Area t Recommendation: Evaluate fiscal feasibility of Transition Area for inclusion in Agricultural Reserve Program(ARP) t Recommendation:Remaining undeveloped area,primarily along New Bridge and Indian River Roads located at headwaters of Back Bay,should be planned in a responsible manner • Recommendation:Princess Anne Commons Design Guidelines should be updated • Recommendation:Relocation feasibility study on public facility yards located between Rosemont Road and Princess Anne Road V December 8, 2015 31 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 4-- Ponoess Anne Commons Transition Area 4. Recommendation:Update the ITA&Vicinity Master Plan through a public process to reflect changes that have occurred since plan adoption in zou,paying particular attention to infrastructure planning and design to support desired land uses Chapter 5 provides a new emphasis on the Rural Area's activity as an economic engine for the City: Policy Document Highlights Chapter 5 — Rural Area • New emphasis an Rural Area's agricultural activity as economic engine for the City and need for preservation as a way of life • Recognition of unique natural resource features,natural landscape,"Pungo Ridge"soils and drainage dynamics, rising waters,and limited drainage infrastructure and maintenance as development constraints • New`Rural Village'designations for Pungo,Back Bay, Creeks,and Blackwater Y December 8, 2015 32 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 5 — Rural Area Maintains Rural Area development density calculations despite state law requiring local approval of development when Health Department has approved Alternative On-Site Septic System(AOSS) • Pungo Rural Village recommendations streamlined to remove all references to ULI Pungo Crossing Study recommendations(never adopted by City Council) Policy Document Highlights Chapter 5— Rural Area • New policy: No alternative centralized sewer system recommended for Pungo Rural Village south of Indian River Road(2009 Comp Plan recommended this) • New policy: Preliminary cumulative impact drainage studies required for all discretionary development in Southern Rivers Watershed Management Area M3 December 8, 2015 II 33 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 5 Rera Area Recommendation: Use GIS analysis to assess future residential development buildout potential based on floodplains,conserved lands,and AOSS regulations ▪ Recommendation: Delineate Pungo Rural Village boundaries through stakeholder consensus-building to assist with below recommendation ▪ Recommendation: Conduct study of existing septeic system conditions in Pungo Rural Village(Health Dept. and Dept.of Public Utilities) i Chapter 6 addresses the Military Installations and Support by acknowledging each location and emphasis on the City support of the Military Installations: Policy Document Highlights Chapter 6-- Military installations & Support • Acknowledges location and mission of each military installation • Emphasizes City's support for military presence and defense- related industries as part of City's 3-legged economy,yet acknowledges need for future economic diversification { References all adopted plans and zoning for compatible land uses surrounding installations ▪ Acknowledges mutual cooperation during development review processes to ensure compatible local land use development and residential density maintenance or reduction • References description of Strategic Economic Growth Areas (SEGAs)in Chapter io,Economic Vitality 3 December 8, 2015 34 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Chapter 7 is the Master Transportation Plan and continues the multi-model approach to the City's transportation network planning: Policy Document Highlights Chapter 7 — Master Transportation Plan Continues a multi-modal approach to City's transportation network planning • Highlights trends related to changing demographics and consumer mobility needs and preferences,changing physical environment,and new transportation technologies t Addresses new state planning mandates for accessability of transportation network and modes for disabled persons and seniors • Lists city-wide transportation policies in all adopted City plans. • New focus on City's`Complete Streets'policy and administrative directive Y t � Policy Document Highlights Chapter 7— Master Transportation Plan • Primary Roadway Network modeled and validated for first time in 35- years,resulting in some changes to planned roadway improvements r Only 6 roadway segments had future"lane call"adjustments r Southeastern Parkway&Greenbelt modeling post-Corny Plan update may yield additional changes that could be considered in the future • Plan update furthers City Council's recommendation to continue with further study and design of The Tide light rail extension from Norfolk to Town Center and develop a station at Town Center than an easily accommodate future extensions east,north,and south and stimulate economic development Transit model used to estimate ridership along future planned extensions for high capacity transit,including Bus Rapid Transit,Light Rail,Maglev or other technology 1/13 December 8, 2015 � I 35 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter — Master Transportation Plan • Plan update more fully integrates'Active Transportation' into the City's Master Transportation Plan network, particularly through`Complete Streets'directive • Acknowledges support of and active participation in planning of various regional transportation facilities(e.g. airport,port,freight distribution system,passenger rail, and waterways) g Expands implementation recommendations relating to reducing demand for single-occupant motor vehicles t Promotes more efficient and effective technologies to improve transportation and parking systems(e.g. Intelligent Transportation Systems(ITS),etc.) Policy Document Highlights Chapter 8 — Environmental Stewardship Framework Framework components: • Sustainability Plan • Water Resources Protection and Management • Parks and Conserved Lands • Green Infrastructure • Living Resources and Ecosystems Protection Management • Urban Forestry • Living Shorelines —i • Unique Plant and Animal Habitats December 8, 2015 36 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 8— Environmental Stewardship Framework Framework components(coned): • Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Land Development and Stormwater Managemetn • Energy Resources Management and Alternative Energy Development • Solid Waste Management • Noise,Light,and Air Pollution Management „ - Policy Document Highlights Chapter 8 Environmental stewardship Framework Preservation,protection,and stewardship of our natural resources and biodiveristy Restoration and protection of our portion ofthBaeynation's most productive natural estuary-the Chesapeake and tributaries, • Addresses 2 new state planning mandates for LivingShorelines and adaption planning for sea level rise and recurrent * Expansion of public access to waterways as recreational demands increase by citizens and visitors-recreational and tourism opportunities ▪ Becoming more proactive in educating citizens,businesses, visitors,and others to become better stewards A/13 December 8, 2015 37 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 8— Environmental Stewardship Framework 0 Greater use of innovative and new technologies to minimize,store,and manage stormwater runoff Developing comprehensive strategies and programs to protect most vulnerable populations from natural and manmade hazards and assist with their recovery Becoming more proactive in education, understanding,and planning for emerging phenomenon of sea level rise and recurrent flooding and projected consequences Policy Document Highlights Chapter 8— Environmental Stewardship Framework 4 Developing greater energy resources management goals and policies for all public and private development to reduce energy consumption 0 Developing progressive educational programs to reduce solid waste management to promote greater use of recycling by residents and businesses December 8, 2015 38 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 8 — Environmental Stewardship Framework • New policy: Planning for 1.5 foot of projected sea level rise for short term(0-30 years)and 3 feet of projected rise for long-term(30-50 years)to be used as basis for making long-term decisions such as public infrastructure design and replacement 1 Chapter 9 for the Housing and Neighborhoods provides updates for seamless connections with related issues within other chapters of this Policy: Policy Document Highlights Chapter 9 — Housing & Neighborhoods • Plan update provides seamless connections with related issues on other chapters Vision is aligned with Sustainability Plan and Envision Virginia Beach 2040 • Trends and conditions in City's housing and neighborhoods • Acknowledges aging housing stock and 30-year mark for major reinvestment needs by property owners \f»' December 8, 2015 39 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Policy Document Highlights Chapter 9 — Housing & Neighborhoods e Emphasizes need for continuing support of housing rehabilitation assistance programs e Multi-family housing development now outpacing single family detached residential development reflecting market trends and new housing preferences as demographics change Acknowledges housing affordability gap is increasing Policy Document Highlights Chapter 9 — Housing & Neighborhoods O Safe housing and neighborhoods with awareness of hazard mitigation needs • Affordability and equal opportunity in housing O Design in quality and efficiency 0 Housing with a range of affordability options in SGAs • Adequate infrastructure and transportation connectivity choices for residents December 8, 2015 40 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Chapter 10 acknowledges recent economic trends and future needs: Policy Document Highlights Chapter 10-- Economic Vitality g Acknowledges recent economic trends and future needs Alignment with Envision Virginia Beach`Thriving Economy'desired outcomes • Presents City's Economic Vitality Strategy from City's Strategic Plan(in general terms, no specifics) r = ry Policy Document Highlights Chapter 10— Economic Vitality • Focus on economic diversification,new target markets,school and higher educational institution partnerships in`STEAM'careers and workforce development • Transitioning of military veterans into private sector employment • Strategic Economic Growth Areas(SEGAs) incorporated into this chapter(moved from Chapter 3, Suburban Area) ;x December 8, 2015 � II 41 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Chapter 11 identifies key plan implementation strategies and future recommendations: Policy Document Highlights -hater 11-- Plan implementation & Agenda for Future Action Recommendations • Identifies key plan implementation strategies • Plan familiarity by City organization and customers • Plan implementation tools(CIP,development ordinances) • Monitoring and reporting on plan effectiveness and implementation status,making mid-course adjustments as needed • Summary of Agenda for Future Action Recommendations • By Chapter • Lead Responsible Party(s) • Estimated Time Frame for Completion 1V Document Highlights Acknowledgments • Citizens of Virginia Beach • Former Planning Commissioners&Planning Director • Community Stakeholder Groups * Boards,Commissions&Committees • City Staff Project Team(Comprehensive Planning Division/SGA Office&ComIT-CGIS Division) • Interdepartmental"Core Teams"for Primary Content Development/Peer Review • All City Departmental Involvement(19 Departments) December 8, 2015 / 42 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) Next Steps: Public Review & Comment Period January 2016 ✓ Communications&Public Involvement Strategy(Julie Hill, Director of Communications) Next Steps: Public Hearings and Plan Adoption • February 2016: • Incorporate all public feedback into final public hearing draft • Legal Advertisement: Descriptive Summary of Draft Plan 2 weeks prior to Planning Commission public hearing) • March 2016: • City Council Brief on Final Draft • Planning Commission public hearing • City Council public hearing • April 2016: City Council adoption December 8, 2015 43 CITY MANAGER'S BRIEFINGS DRAFT COMPREHENSIVE PLAN UPDATE ITEM#65504 (Continued) "Make no little plans; they have no magic to stir men's blood and probably themselves will not be realized." -Daniel Burnham :;tea Questions & Comments? Project Website: _ Project Contacts: J.Barry Frankenfield,FALSA,AICP,Interim Planning Director Jeryl R.Phillips,AICP Comprehensive Planning Coordinator Comprehensive Planning Division Department of Planning&Community Development (� 385-8594 i.7 Mayor Sessoms thanked Ms. Phillips and the entire Staff for all of their work on this Project. December 8, 2015 44 CITY COUNCIL'S COMMENTS ITEM#65505 5:17P.M. Councilman Uhrin advised the 25m Street Parking Garage has been a huge success and he is happy to report that since it opened in late June over 20,000 cars have been parked in the garage. December 8, 2015 45 CITY COUNCIL'S COMMENTS ITEM#65506 (Continued) Council Lady Ross-Hammond advised she and Delegate Ron Villanueva hosted a free family event Friday, December 4, 2015, at Kempes Landing Park to celebrate the Holidays. Last year just over 40 people attended and this year there were approximately 120. December 8, 2015 11 46 • AGENDA REVIEW SESSION ITEM#65507 5:19 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Resolution to REPEAL RES-03437 re Offshore Oil and Gas Exploration (February 23, 2010) 2. Resolution to RE-ADOPT the City Council's Policy re evaluation of Economic Development Investment Partnerships(EDIP) 3. Ordinance to DESIGNATE Zeiders American Dream Theater as EXEMPT from local property taxation 4. Resolutions re the Arena Project a. AUTHORIZE the execution of documents and TRANSFER of land to the Development Authority b. DECLARE City Council's intent that no General Fund dollars are to be used c. REAFFIRM strong and continuing support of the Tidewater Veterans Memorial and Park 5. Ordinance to ADOPT the Virginia Beach Arts Plan 2030 6. Ordinance to APPROVE the sale of School Board property for Witchduck Road Phase II and ALLOW the School Board to retain all sale proceeds 7. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Pike Inlet, re a boat lift at 332 Tuna Lane DISTRICT 7—PRINCESS ANNE 8. Resolution to AUTHORIZE re the Old Beach Village, LLC Apartments a. A non-binding Term Sheet b. The Development Authority's Incentive Agreement c. Development of supplemental documents 9. Ordinance to PROVIDE$790,000 to the Development Authority re the Bio-Medical Initiative 10. Ordinance re the Fire Department Marine Team a. ACCEPT and APPROPRIATE$192,525 in 2015 Port Security Grant funds from the United States Department of Homeland Security b. TRANSFER $64,175 from the Grants Consolidated Fund for the required local match ITEM#1 WILL BE CONSIDERED SEPARATELY AS COUNCILMAN MOSS PRESENTED AN ALTERNATE VERSION TO BE CONSIDERED COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#2 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE DEFERRED INDEFINATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#8 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#9 December 8, 2015 47 AGENDA REVIEW SESSION ITEM#65507 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. DONALD L. KESSEL, for a Subdivision Variance to legally establish a lot at 5001 Blackwater Road DISTRICT 7—PRINCESS ANNE 2. LINA MERCER and 1408 MILL DAM ROAD,LLC,for a Subdivision Variance re a deficiency at1408 Mill Dam Road DISTRICT 5—LYNNHAVEN 3. REED ENTERPRISES,INC.for a Modification of Proffers to a Conditional Rezoning re stormwater(approved by City Council on 10/8/2013), at Holland and Dam Neck Roads DISTRICT 7—PRINCESS ANNE 4. PRINCESS ANNE MEADOWS,LLC and FIVE MILE STRETCH ASSOCIATES,LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C. ARLAR and E.S.G. ENTERPRISES,INC.,for a Conditional Change of Zoning from AG- 1 and AG-2 to Conditional R-10 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7—PRINCESS ANNE [This item was deferred from November 17, 2015.] 5. MGP RETAIL CONSULTING, LLC and MARK IV INVESTMENTS, INC., for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business at 1136, 1203, 1205 Edison Road DISTRICT 7—PRINCESS ANNE 6. RICHARD W. BOUCHER T/A EXCELLENCE PROFESSIONAL PAINT SERVICE and GHS II,LLC,for a Conditional Use Permit re: auto repair at 3413 Chandler Creek Road, Suites 120 and 121 DISTRICT 3—ROSE HALL 7. KEVIN JAMISON and MISSION ENTERPRISES,LLC,for a Conditional Use Permit re:eating and drinking establishment at 501 Virginia Beach Boulevard DISTRICT 6— BEACH 8. RADMAN RADIOLOGICAL CORP. and JOHN MOLLER, for a Conditional Use Permit re: home occupation at 2353 Fenwick Way DISTRICT 7—PRINCESS ANNE 9. RNR OF VIRGINIA and RANDOLPHA. RAU TRUST,fora Conditional Use Permit re: auto repair at 623 First Colonial Road DISTRICT 6—BEACH ITEM#4 WILL BE DEFERRED TO JANUARY 5, 2016 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 December 8, 2015 48 ITEM#65508 Mayor William D. Sessoms, Jr., advised the City Council does not have adequate time to RECESS INTO CLOSED SESSION as this was Mr. Spore's last meeting with City Council. Dinner was held honoring the City Manager in his retirement after twenty-four(24)years. (Break 5:27 P.M. - 6:00 P.M.) December 8, 2015 49 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 8,2015 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 8, 2015, at 6:00 P.M Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Ralph Rowley, Senior Pastor Virginia Beach United Methodist 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 identify 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. December 8, 2015 50 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 a part of the record. Mayor Sessoms recognized and welcomed those in attendance from Boy Scout Pack 471. December 8, 2015 51 ADD-ON RESOLUTION JIM SPORE ITEM#65509 RESOLUTION James K.Spore Retirement Mayor Sessoms presented City Manager Spore with a Resolution recognizing his achievements that resulted from the City's ability to collaboratively set goals and develop effective partnerships between the government, the non-profit community and the private sector. The City Council expressed their appreciation to City Manager Spore for his outstanding contributions to the City and extended congratulations on the occasion of his retirement from government services. Mayor Sessoms also presented a Certificate acknowledging his service of over twenty-four (24) years, along with his Retirement Pin. City Manager Spore expressed his appreciation to the City Council for the Resolution. He is shocked at how quickly the last twenty-four (24)years have passed. He advised many of his career's "high-lights" were achieved in the City and that is due to the outstanding leadership the City has always been so fortunate to have. Every accomplishment has involved so many Staff Members. Tonight is the 1,152 meeting. He reflected on five (5) Members of City Council that hired him who are no longer with us: John Baum, Bob Clyburn, Robert Fentress,former Mayors Herold Heischober and Meyera Oberndorf. City Manager Spore advised he carried The Athenian Oath with him every single day for the past twenty- four years and then read the Oath aloud. "We will never bring disgrace on this our City by an act of dishonesty or cowardice. We will fight for the ideals and Sacred Things of the City both alone and with many. We will revere and obey the City's laws, and will do our best to incite a like reverence and respect in those above us who are prone to annul them or set them at naught. We will strive increasingly to quicken the public's sense of civic duty. Thus in all these ways we will transmit this City, not only not less, but greater and more beautiful than it was transmitted to us!" December 8, 2015 Y tJ 4e44:274-iik. U J f›- '�r 1Y 9ks t 0�ci OF ouR 8004' RESOLUTION WHEREAS: James K.Spore was named City Manager of Virginia Beach in November of 1991 and has served in that capacity for twenty-four of his fifty years in public service; WHEREAS: He earned a Master of Public Administration from the University of Colorado and both a Bachelor and Master of Urban Planning from the University of Illinois Champaign-Urbana. He worked with the Department of Defense as a research analyst; WHEREAS: He entered public service as Director of Community Development for Lakewood, Colorado,then Elgin,Illinois; served as City Manager of Garland, Texas,and Burnsville,Minnesota; WHEREAS: In 2010, he received the International City Manager's Association Award for Career Excellence in Honor of Mark E. Keane, which recognizes an "outstanding chief local government administrator who has fostered representative democracy by enhancing the effectiveness of local elected officials and by consistently initiating creative and successful programs" WHEREAS: Jim is a member of the American Institute of Certified Planners (AICP),the American Planning Association (APA), the American Society for Public Administration(ABPA), the Alliance for Innovation and the International City Management Association(ICMA); WHEREAS: Jim ascribes our community's success during his tenure to three things: a well-educated and forward looking citizenry; a City Council that has had the courage to create a vision with specific goals for the community;a highly professional staff and volunteer workforce that are aligned with the City Council's vision and dedicated to its achievement; WHEREAS: All of the accolades accumulated during his service can be attributed to his commitment to devoting his talents and energy to assist this community in improving the quality of life for all of our citizens and his dedication to public service; WHEREAS:: Jim supports and encourages regionalism, serving on the Executive Boards of the Hampton Roads Planning District Commission; the Hampton Roads Partnership,and Reinvent Hampton Roads; WHEREAS: Under Jim's leadership, economic development has soared and tourism has flourished,providing revenue that keeps the tax burden one of the lowest in the nation for our citizens. In addition,the City's Striving for Excellence program saves millions in tax dollars annually through quality and productivity efforts, and as a result, Virginia Beach has the lowest tax burden among the major cities in Hampton Roads. Jim's support of Sister Cities has truly encouraged international relationships with world democracy in peace and understanding; WHEREAS: ' Our partnership with Jim has produced significant quantifiable results such as the Lake Gaston water supply project; redevelopment of the resort area, including the new Boardwalk, the Big-Beach hurricane protection project, the 31st Street hotel, public parking and park, and the Laskin Gateway; Town Center, including the Sandler Center,-Princess Anne Commons, including the Hampton Roads Soccer Complex, ODC/.'USC Higher Education Center, Sportsplex, relocated Princess Anne Park and ball fields, the Amphitheater, health care complex, Advanced Technology Center, Health Professions Building, Science Building student activities renter and Joint Use Library on the TCC campus, Life Net. Operation Smile Headquarters, Virginia Beach Fieldhouse, VB National Golf Course, 117CA/Tides Swimming Complex, and Children's Hospital of the Kin�.s Daughters; Triple"A"bond rating from all three financial rating agencies;dozens of roadway projects including the replacement of the Lesner Bridge; numerous school renovations/replacements; Public Safety improvements including seven Fire and EMS stations, two Police precincts and the Emergency Communications Center;I-Fly mixed use and public parking structure; an expanded Virginia Aquarium and the Museum of Contemporary Art (MOCA); the decision to extend light-rail transit to Town Center; creation of a system of first-class libraries,recreation centers and parks;and the restoration of the iconic Cavalier Hotel; WHEREAS: These achievements resulted from our ability to collaboratively set goals and. develop effective partnerships between the government, the non-profit community and the private sector. These and many other achievements have been recognized by too mans'organizations and rating methodologies to mention here;and WHEREAS: On this day, we honor a man who deserves our deepest gratitude, respect and friendship for all that he has done for each of us and for the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to JAMES K. SPORE for his outstanding contributions to our City and extends its congratulations on the occasion of his retirement from government service. yam~"" 461"14-441 Co ndfm Daven..rt Co;nci „n Rq6 rt '"Bo Dyer Counci Lady Bar6araHenley Council f Shia on kane �I. citman John D.Moss Cou ady Dr whit N.R9ss- ff '' d �/ 7fa mon f /& i.�../, .--- ' Heil an John E."(Ann Council Lady r[Zgse ry'WiYson Coun itm James L.Wool 11 ( ki,44/ x02 'Cice layorLou V Jones rKayor'Wit[iam D. "Wdr Sessoms,Jr -..:: :A.C.;' F c am? M7„ Y 52 Item—VI-E CERTIFICATION ITEM#65510 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 FOR INTERVIEW SESSIONS held on DECEMBER 2,DECEMBER 4 and DECEMBER 7, 2015 Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 0.141a•B.e4c � f ,i;2 i Qrs...,-..!-4-•___,. eE s 00 OUR NA1'ON 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#65510 Page 52, 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. .—"" . ���" December 2,2015 th Hodges Fraser,MMC December 4,2015 City Clerk December 7,2015 II 53 Item -VI-F MINUTES ITEM#65511 Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 1, 2015. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 54 ADOPT AGENDA FOR FORMAL SESSION ITEM#65512 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 8, 2015 55 ADD-ON RESOLUTION DOUG SMITH ITEM#65513 INTERIM CITY MANAGER Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED the request to ADD to the Consent Agenda: Resolution appointing Douglas Smith as Interim City Manager effective January 1, 2016, with a salary increase of ten (10)percent for the period of time that he serves as Acting City Manager Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 56 ADD-ON RESOLUTION JIM SPORE ITEM#65514 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council APPROVED the request to ADD to the Consent Agenda: Resolution recognizing City Manager Jim Spore's retirement after 24 years Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None December 8, 2015 I 57 Item -VI-H-1 PUBLIC HEARING ITEM#65515 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED EXEMPTION FROM LOCAL PROPERTY TAXATION BY DESIGNATION— ZEIDERS AMERICAN DREAM THEATER There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 8, 2015 58 Item #VI-I ORDINANCES/RESOLUTIONS ITEM#65516 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Agenda Items 2, 3, 5, 6, 7, 8a/b/c(DEFFERD INDEFINATELY), 9, 10a/b, 11(ADDED) and 12(ADDED). Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 i I II 59 Item -VI-L1 ORDINANCES/RESOLUTIONS ITEM#65517 The following individuals registered to speak: Marjorie Parker, 2061 Lyndora Road, Phone: 581-6365, a member of the Sierra Club, spoke in OPPOSITION. She advised dozens of governments located along the East Coast have voted against Offshore Drilling as it is not "if" but "when" an oil spill will occur. Very little has been done to make Offshore Drilling safer since the 2010 BP disaster in the Gulf. Congress has not passed any new legislation to make Offshore Drilling safer and has only recently enacted one of numerous regulations recommended by the Gulf Spill Commission. An oil spill will be devastating to coast-line economies and communities that rely on clean beaches and healthy ocean waters. Ms. Parker read a list of local organizations that are opposed to Offshore Drilling. Robert Gomez, 2524 Las Corrales Court, Phone: 913-461-8179, the Chair of the Virginia Beach Chapter of the Surfrider Foundation, stated the organization has taken a very strong stance in OPPOSITION to Offshore Drilling. The economic interest must be weighed against the environmental concern and, being a coastal city, we rely on tourism to be a main driver in the economy. An oil spill will have a devastating effect on the City's economy and he does not feel it is a risk the City can afford to take. Richard Dyer, 312 Ruddy Crescent, Phone: 721-3454, a member of the Sandbridge Civic League spoke in OPPOSITION He advised the Civic League recently sent a letter to both the state and federal government opposing Offshore Drilling. An oil spill and everyday pollution from drilling would have a negative and long-lasting effect on Sandbridge. Eileen Levandoski, 1205 Whilestone Way, Phone: 277-8537, a member of the Sierra Club, spoke in OPPOSITION. She stated the area's clean beaches are the "backbone"of the City's sustainable coastal economy by generating Billions of Dollars in Revenue from tourism, recreation and commercial fishing. All stand at risk if Virginia's coast should be open to Offshore Drilling. Oil and gas exploration and production continues to be a dirty and dangerous activity that threatens coastal beaches, beach communities and estuaries. Stephen Taylor Proffitt, 3101 Winchester Lane, Phone: 409-4689, a member of the surfing and restaurant community, spoke in OPPOSITION. He advised for all the reasons already stated, he requested City Council vote NO to Offshore Drilling. Frank Papcin, 4008 Rumford Lane, spoke in OPPOSITION He stated his opposition is not the same as the others speaking prior to him. He does not feel the City will benefit financially from Offshore Drilling and only the oil companies will reap any benefit. Catherine Kilduff, 537 Pembroke Avenue, Phone: 202-780-8862, spoke in OPPOSITON. She advised Offshore Drilling would be detrimental to the City and the entire East Coast. She does not believe you can put a price on the health of the ocean and the various wildlife that will be affected with an oil spill. Gary Medlin, 1028 Hillview Boulevard, Phone: 361-5826, spoke in OPPOSITION He does not feel the City can afford to take the risk and allow Offshore Drilling. • December 8, 2015 60 Item -VI-I.1 ORDINANCES/RESOLUTIONS ITEM#65517 (Continued) Vice Mayor Jones, made a Motion to ADOPT a Resolution to REPEAL RES-03437 re Offshore Oil and Gas Exploration (February 23, 2010) which was seconded by Councilman Wood Councilman Moss then made a SUBSTITUTE Motion to REPEAL Resolution RES-03437 re Offshore Oil and Gas Exploration and specifically for City Council to take a "neutral position" which was seconded by Council Lady Wilson The Substitute Motion FAILED Voting: 4-7(failed as lost to a negative vote) Council Members Voting Aye: Robert M. Dyer, Shannon DS Kane, John D. Moss and Rosemary Wilson Council Members Voting Nay: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: None December 8, 2015 I III i 61 Item-VI-I.1 ORDINANCES/RESOLUTIONS ITEM#65517 (Continued) Upon the main motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED a Resolution to REPEAL RES-03437 re Offshore Oil and Gas Exploration (February 23, 2010) Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer Council Members Absent: None December 8, 2015 i I REQUESTED BY COUNCILMEMBER UHRIN A RESOLUTION TO REPEAL RES-03437 PERTAINING TO OFFSHORE OIL AND GAS EXPLORATION 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 2 BEACH: 3 4 That Resolution RES-03437, entitled "A Resolution Supporting Offshore Oil and 5 Gas Exploration with Royalty Payments to Atlantic Coast States," is hereby repealed. Adopted by the Council of the City of Virginia Beach this 8th day of December , 2015. APPROVED AS TO LEGAL SUFFICIENCY: /7eGV4- t,-4 City Attorney's Office CA 13528 R-1 November 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 18 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, VIRGINIA THAT: 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 ' I III 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 oco day of V2tru.ckyv - , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 11384 R-1 February 12, 2010 11 62 Item -VI-I.2 ORDINANCES/RESOLUTIONS ITEM#65518 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to RE-ADOPT the City Council's Policy re: evaluation of Economic Development Investment Partnerships (EDIP) Voting: 10-1 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None December 8, 2015 1 A RESOLUTION TO RE-ADOPT A CITY COUNCIL 2 POLICY REGARDING EVALUATION OF 3 INVESTMENT PARTNERSHIPS FOR ECONOMIC 4 DEVELOPMENT 5 6 WHEREAS, the City Council Policy, "Guidelines for Evaluation of Investment 7 Partnerships for Economic Development," was adopted by City Council in 2001 and re- 8 adopted January 14, 2014 (the "Policy"); and 9 10 WHEREAS, the City staff recommends an update to the Policy to clarify two 11 issues: (i) The Policy is not intended to be an entitlement to the business/development 12 community; and (ii) The Policy should provide guidance as to the treatment of 13 Negotiation Documents and Confidential Proprietary Records, as those terms are 14 defined by the Policy. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That City Council hereby adopts an update to the policy "Guidelines for Evaluation of 20 Investment Partnerships for Economic Development," a copy of which is attached 21 hereto as Exhibit A. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 2015. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT Xtra -• c rowth Area Office Department of Fi n e APPROVED AS TO LEGAL SUFFICIENCY: gt t ney's Office CA13527 R-1 November 30, 2015 i l Exhibit A `1 5 1,1'x` 44('')tpwarmoso - Cys Re V • 1 ,, r t' Uf'`{✓ � -�-� City Council Policy Title: Guidelines for Evaluation of Investment Partnerships for Index Number: Economic Development Re-adoption Date: Jan. 14,2014 Date of Revision: Page 1 of 6 1.0 Purpose and Need On March 13, 2001, City Council originally adopted this policy, and it was subsequently re-adopted January 14, 2014. The City of Virginia Beach has spent the last several years developing unique development plans that will shape the future of each of the City's eight Strategic Growth Areas (SGA's) and four Special Economic Growth Areas (SEGA's). This revision seeks to update the 2001 policy by focusing upon those partnerships that are consistent with the SGA's and SEGA's. 2.0 Policy Statement City Council may consider investment partnerships that meet the desirability and feasibility criteria set forth in this policy. This policy is not an entitlement to City funds for any project even if the proiect meets the desirability and feasibility criteria set forth herein. City Accordingly, staff is directed to follow the process described in Section 6.0 to review and evaluate potential partnerships. The ultimate decision to approve or not approve a partnership is made by the City Council. 3.0 Criteria: Desirable and Feasible Project A desirable project will have many, but not necessarily all, of the following characteristics: 3.1 Compliance with City Council goals. City Council has identified a diverse local economy and living choices as key for the City's future. Investment partnerships should be based upon the project's ability to meet Council's goals. Other City Council goals and objectives may be identified in the SGA Plans, the Comprehensive Plan and the Envision 2040 Plan. City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 2 3.2 The project is located within a SGA or SEGA. 3.3 The private sector investment is a minimum of $30 million and acts as a building block for future beneficial development. 3.4 The project aligns with SGA/SEGA design principles. 3.5 Proximity to light rail stations. Most SGAs are within 1/2 mile of proposed light rail stations, and proximity to such stations should encourage successful development. 3.6 Historical financial and construction development integrity. A partner should have the financial capacity and experience that suggests the ability to complete the project. 3.7 Generates jobs and supports target industry development. The Economic Development Department has identified professional, scientific, technical, information, high performance manufacturing, and headquarter and regional businesses as targeted industries. 3.8 Projects support pedestrian and bicycle connectivity. Walkable streets and bicycle amenities support the SGA goal of walkable, safe, and connected communities. 3.9 Offers housing stock variety. If housing is included in the project, the City has a goal of providing high-quality and affordable housing to a diverse range of households. The project must also be financially feasible for the City and the private partner: 3.10 Fiscal, economic, and/or social benefits will be greater because of a public investment partnership based on a due diligence evaluation. 3.11 A fair and reasonable return (fiscal, economic, and/or social) is provided to both the private and public sector partners. 3.12 The project will not proceed, or will not proceed at a desired quality level, "but/for" a public sector investment partnership. 3.13 Partner is willing to enter into a Development Agreement that allocates responsibilities and risk. I City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 3 4.0 Investment Partnership Incentives Investment partnerships may take a variety of forms and require the mixing and matching of incentives. The following is a list of typical incentives that may be considered in these partnerships. 4.1 Annual revenue and/or fee incentive grants 4.2 Density bonuses 4.3 Establishment of a special service district (SSD) 4.4 Economic Development Incentive Program (EDIP) grants 4.5 Land swaps, grants, and transfers 4.6 Lease of City-owned or Development Authority-owned property 4.7 Assisted Plan Review 4.8 Public infrastructure, parking, and amenities 4.9 Sustainability and/or rehabilitation tax relief 4.10 Other incentives that may be available or considered for the partnerships 5.0 Definitions 5.1 Investment partnerships are agreements between the City or the Development Authority, and a private entity, usually a developer. To leverage large scale development, generate public benefit, or increase tax revenues, the City makes a partnership with a developer enabling SGA and SEGA plan compliance, maximizing development potential, and accomplishing a project otherwise not achievable. 5.2 Strategic Growth Areas, as defined in the 2009 Virginia Beach Comprehensive Plan, are designed to concentrate growth in a strategic and sustainable way, developing centers of employment, living, commerce, shopping, and arts and culture. The SGAs, almost all of which are located along the City's primary transportation corridor, emphasize a `smarter' type of growth. I City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 4 5.3 Special Economic Growth Areas, as defined in the 2009 Virginia Beach Comprehensive Plan, are four predominantly nonresidential areas, located adjacent to NAS Oceana and in the Interfacility Traffic Area targeting land uses compatible with the military. 5.4 Project Team is the group of City Staff described in Section 6.1 plus the City Council liaisons described in Section 6.3. 5.5 Negotiation Documents are generated by City Staff or contracted professionals and used for the deliberative process and negotiation by the City's project team. These documents may include an economic impact analysis, a negotiation analysis, and a sketch of potential deal terms. 5.6 Confidential Proprietary Records are nonpublic records, which are the property of a private party, relating to any one of the following: (i) the return on investment of private equity; (ii) structure of private financing; or (iii) analysis of whether a private enterprise can be profitable, such as a proforma or private lease term details. 6.0 Process 6.1 The private partner makes a formal request of the City to engage in an investment partnership. In response to this request or application, the City Manager, Deputy City Manager(s), the City Attorney, the Director of Finance, and the Directors of Economic Development, Planning, Finance and Management Services, SGA Office as needed, have a preliminary meeting (or a series of meetings) with the prospective partner. The purpose of this meeting and review is to determine if the project is a desirable project. 6.2 If the project meets the desirability characteristics, then the prospective partner may be directed to submit, additional information to enable the City to evaluate, among other things, the qualifications of the developer and the significance of the economic and fiscal impacts. 6.3 The City Manager will brief City Council and request the appointment of Council liaisons for the project. 6.4 The City Manager (or the City Manager designee) will assign a Project Manager. If not previously completed, the City will complete a study of the City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 5 economic, fiscal and social impacts of the project, including, without limitation, the number of jobs, type of jobs, salaries paid, as well as economic, community, and other impacts. 6.5 A Term Sheet may be developed, in concert with the City Attorney, and presented to City Council for concurrence. 6.6 The Project Manager will undertake stakeholder input that is appropriate based upon the size and scope of the project. 6.7 A Development Agreement is prepared with the developer/partner. Any such agreement is prepared under the direction and supervision of the City Attorney. 6.8 The Development Agreement is brought before the City Council and/or Development Authority for formal approval. 7.0 Document Controls 7.1 Outlines of possible expenditures of City funds prepared by City Staff are to be provided to individual members of City Council when requested. During the pendency of any negotiations, such documents should be held by the individual members in confidence because the disclosure of such documents could harm the City's bargaining position. 7.2 Because the disclosure of Negotiation Documents prior to a decision to award or not award a contract may adversely affect the City's bargaining position or negotiation strategy, the Project Team shall take all necessary steps to protect such documents prior to the City Council's decision whether to approve such contract. The Negotiation Documents may be shared with members of the City Council, individually, upon request, or in executive session of the Council, when required to describe a project or gauge the Council's willingness to initiate or proceed with negotiations, but the Negotiation Documents are to be collected after any such meeting and retained by the Project Team. Upon the decision to award or not award a contract (usually a Development Agreement), these documents are releasable to the public pursuant to the Virginia Freedom of Information Act. 7.3 The completion of the study required by Section 6.4 may require the City to obtain certain Confidential Proprietary Records from the investment i I City Council Policy Guidelines for Evaluation of Investment Partnerships for Economic Development Page 6 partner. The City Council authorizes staff to make a promise of confidentiality in order to obtain voluntary disclosure of the private party's Confidential Proprietary Records. While in the possession of the City, the documents may only be shared by those City Staff or contracted professionals with the specific expertise to evaluate such documents. Confidential Proprietary Records may be shared with individual members of the City Council, upon request, but the records are to be collected after any such meeting and retained by the member(s) of City Staff in possession of such documents. These documents are to be returned to the private party after the required study is completed. 7.4 City Staff is directed to make these limitations upon the confidentiality of documents set forth in this Policy known to any potential Investment Partner prior to the submission of any document for which the Partner seeks protection. Approved as J to Content: (A ' %./f i fall 5 Director of Finance Date Approved as _ k to Content: T _ Director of Strat:gic Growth Area ate Approved as to Legal Sufficiency: 1 1 City Attorney Date Reviewed by: a.. _ , 1 a ) +1S De:u ity Mana•'-r Date Reviewed by: �� ��� • 1 21 /2ai Manager �/ APPROVED BY CITY COUNCIL: Li /L -g- 2 0i/v Mayor Date I 63 Item -VI-I.3 ORDINANCES/RESOLUTIONS ITEM#65519 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DESIGNATE Zeiders American Dream Theater as EXEMPT from local property taxation Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None December 8, 2015 I 1 AN ORDINANCE TO DESIGNATE ZEIDERS AMERICAN 2 DREAM THEATER AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY 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 Zeiders American Dream Theater; 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 Zeiders 13 American Dream Theater as a charitable organization within the context of§6(a)(6)of Article X 14 of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Zeiders American Dream Theater located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Zeiders American Dream Theater for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Zeiders American Dream Theater shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Zeiders American Dream 31 Theater shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that Zeiders American Dream Theater cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with the 36 terms of this 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 8th day of December 2015. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • A Commissioner o t evenue Ate neys Office CA13523/R-1/November 4, 2015 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Zeiders American Dream Theater(ZADT) 4573 Bank Street Virginia Beach,VA 23462 Website: http://americandreamtheater.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Zeiders American Dream Theater is going to provide a forum to introduce new and exceptionally gifted artists, composers,and creative writers and is going to create opportunities that encourage and support the arts and aspiring artists of all types. They believes that creativity and creative experiences are fundamental to an individuals and community's growth and development. Their goal is to become an integral part of the community using the arts to encourage individuals to embrace their dreams and to achieve their full potential. ZADT is working with the City of Virginia Beach and Armada Hoffler to find a location to build a 300 seat theater. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $80,640.00 Tax: $3,225.60 Personal Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—December 10, 2013 DISCLOSURE STATEMENT FORM 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: aLikfpx aadaL0 ifi SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any Item Is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of /rAt your tax return avec; l 1.C, Financial Services(include ���-f � E 0 lending/banking institutions and current mortgage holders as applicable) 0 Legal Services 1aitCDw a .5Au it s�C Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 41( - e6_ alerts /0 OS AP CA S ICNATURE PRINT NAME DATE • t 4:4",740---.7 ,7573.(%A',az40 Original Proposal r- • <<♦. City Coundi Policy Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need • Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground-purposes. However,as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax rear during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from grantingtax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: ' I I . Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 i Dates of Revisions: May 6,2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (induding but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)stams must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605,each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive I Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City CIerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. III Tide: City Council Policy Regarding Applications for Tax Exemption by Design::tion Date of Adoption: February 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information i:hat the applicant wishes to present to the City Council #e N Q1 U CO CO O.) Q ' all N Q . '::t. O dA CO COU 1It C L Z fr. ,itQ ra fC N )141:1's ' '' —, 4—a V •N Q O L a"' 2 to Q €. O V N � W CO +a atr,� ,, .. C co -C O f0 C N CUC 1.... +' "Ji. L ccCO Q GCU # • < • N • .. 1. s "a Q s•eiM "'r asN nye y LE z s N t m <' ,n xa. t - X ,. W 4.9 //�� , ,€*.. 1: ,1 ..c-. yPb M34 4 k Q CU sin. a ++ VI 3T Y..-a€�za..tr -»fit 0 (C X 3 Sfl CM3Bd LU •p CD d O O Q ° N p CiS . r a m ' O Vf #t. CO z N CO J Q Y f0 a C II !; CD 2 ' n. a d • • • . I 64 Item -VI-I.4a ORDINANCES/RESOLUTIONS ITEM#65520 The following individuals registered to speak: Josie M. Snowden, 548 Mango Drive, Phone: 679-7930, spoke in OPPOSITION. George Minns, 236 Shipps Lane, Phone: 575-8109, spoke in OPPOSITION Stephen Ballard, 1612 Arnold Circle, Phone: 647-5555, spoke in SUPPORT. Reverend Jason Knight, 310 N. Birdneck Road, spoke in OPPOSITION. Chris Stone, 115 53rd Street, spoke in SUPPORT. Shawn Hines, 220 Sykes Avenue, Phone: 965-6940, spoke in SUPPORT. Frank Papcin, 4008 Rumford Lane, spoke in OPPOSITION. Marlayne Castelluzzo, Chair— Virginia Beach Taxpayers Alliance spoke in OPPOSITION. Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED, Resolution re the Arena Project: a. AUTHORIZE the execution of documents and TRANSFER of land to the Development Authority Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None December 8, 2015 I I' 1 RESOLUTION APPROVING (1) THE 2 EXECUTION OF THE DOCUMENTS 3 NECESSARY FOR THE ARENA PROJECT 4 AND (2) AUTHORIZING THE TRANSFER OF 5 THE ARENA LAND TO THE CITY OF 6 VIRGINIA BEACH DEVELOPMENT 7 AUTHORITY 8 9 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 10 and City staff have engaged in extensive negotiations with representatives of United 11 States Management, LLC, and its affiliates (collectively "USM"), regarding the 12 development of an arena on City-owned land adjacent to the Virginia Beach Convention 13 Center (the "Arena"); 14 15 WHEREAS, the General Assembly has authorized the City to "enter into 16 contracts for the construction, development, maintenance, or operation of, and regulate 17 the use and operation of facilities developed under the provisions of [Chapter 59.1 of 18 Title 15.2 of the Code of Virginia]," and an arena is explicitly defined as a "Facility" in § 19 15.2-5921 of the Code; 20 21 WHEREAS, on December 9, 2014, the City Council of the City of Virginia Beach 22 (the "City Council") approved a non-binding term sheet dated November 25, 2014 (the 23 "Arena Term Sheet"); 24 25 WHEREAS, the Arena Term Sheet reflected the understanding of the City 26 Council and USM of the terms and conditions for the development of the Arena and 27 served as a basis for the definitive, binding documents between the parties; 28 29 WHEREAS, the parties have reached agreement on the terms and conditions for 30 the development of the Arena and have drafted the necessary documents reflecting 31 those agreements (collectively, the "Arena Documents"), which Arena Documents are 32 attached hereto and incorporated herein as Exhibit A; 33 34 WHEREAS, the Arena Documents include a Development Agreement between 35 the City and USM setting forth the responsibilities of the parties prior to the 36 commencement of construction of the Arena; and the approved forms of all the other 37 Arena Documents are attached to the Development Agreement as exhibits thereto; 38 39 WHEREAS, the Arena Documents also include a lease of real property to USM, 40 and, to accommodate the term required by USM, the City desires to transfer 41 approximately five and eight tenths (5.8) acres of City-owned property as shown on 42 Exhibit B (the "Arena Land") to the City of Virginia Beach Development Authority (the 43 "Authority"); 44 45 WHEREAS, the transfer of the Arena Land to the Authority shall be conditional 46 on the execution of the Arena Documents; 1-1341766.6 i I 47 WHEREAS, the City Council desires to (1) approve the Arena Documents and 48 authorize the City Manager to execute those documents subject to the conditions set 49 forth below and (2) approve the transfer of the Arena Land to the Authority subject to 50 the conditions set forth below. 51 52 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 53 OF VIRGINIA BEACH, VIRGINIA: 54 55 1. That the City Council finds the forgoing actions and approvals related to 56 the Arena promote the trade, commerce, and industry of the City and its residents, give 57 publicity to the City's resources and advantages, and further the City's efforts to 58 reinvigorate a portion of the City designated by Council as a recovery zone in December 59 2009. 60 61 2. That the City Council approves the Development Agreement attached to 62 this Resolution as Exhibit A and made a part hereof and the documents attached as 63 Exhibits E — J to said Development Agreement (collectively, the "Arena Documents"), 64 subject only to technical modifications that may be acceptable to the City Manager and 65 in a form deemed satisfactory by the City Attorney. 66 67 3. That the City Manager is hereby authorized to execute the Development 68 Agreement after the occurrence of the following condition (the "Development Agreement 69 Condition"): the City of Virginia Beach Development Authority has adopted a resolution 70 (i) accepting the Arena Land; (ii) authorizing the execution of the Deed of Lease 71 attached to the Development Agreement as one of the Arena Documents (the "Lease"); 72 and (iii) approving the re-conveyance of the Arena Land to the City, subject to the 73 Lease, within thirty (30) days following execution of the Lease by the Authority and 74 USM. 75 76 4. That, provided the Development Agreement remains in full force and 77 effect and no event of default exists thereunder on behalf of USM, the City Manager is 78 further authorized to execute the remaining Arena Documents at such time as all City 79 Conditions to the Construction Loan Closing under the Development Agreement 80 (collectively, the "Loan Closing Conditions") have been satisfied. 81 82 5. That title to the property shown on Exhibit B as the Arena Land is hereby 83 authorized to be transferred to the City of Virginia Beach Development Authority at such 84 time as all City Conditions to the Construction Loan Closing under the Development 85 Agreement have been satisfied. The final legal description of the Arena Land will be 86 approved by the City Manager and City Attorney. 87 88 6. That, if the Development Agreement Condition has not been satisfied by 89 the "Outside Loan Commitment Date" (September 9, 2016) under Section 4.3.1 of the 90 Development Agreement, subject to extension as provided in Section 4.3.1 of the 91 Development Agreement, or the Loan Closing Conditions have not been satisfied by the 92 "Outside Loan Closing Date" (May 9, 2017) under Section 5.4 of the Development 93 Agreement, subject to extension as provided in Section 5.4 of the Development 1-1341766.6 94 Agreement, the City Manager's authorization to execute the Arena Documents shall 95 expire and this Resolution shall be of no further force or effect. 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day 98 of December , 2015. Requires an affirmative vote of three-fourths of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS EGA L SUFFICIENCY: trategic G • h Area 1fficeilp City Attorney APPROVED AS TO CONTENT: fit4,1, 4)Department of Finance CA13189 R-1 July 20, 2015 1-1341766 6 I USM United States Management December 1, 2015 Attachments United States Management, LLC (USM) Virginia Beach Arena Disclosure Statement Form 1. Applicant Disclosure A. USM Manager, LLC (100%) Key USM Officers: a. Edward S. Garcia, Chairman * b. Andrea M. Kilmer, President and CEO c. Michael F. Gelardi, Vice President of Construction Operations d. Joseph E. Gelardi,Vice President and Program Director e. Joshua D. Kellam,Vice President f. Valerie L. Wilkinson, CFO g. Brittany M. Williams, Assistant Secretary and Treasurer *Denotes controlling member 2. Services Disclosure The Virginia Beach Arena Project Team composition is as listed below as previously disclosed in USM's response to the City's Arena Solicitation No. CITY-14-0016 submitted on February 14, 2014. In this regard, no individual contracts have been finalized, as these contracts are contingent upon the final terms and conditions within the Development Agreement with the City. This list is by no means comprehensive, as USM intends to make reasonable efforts to utilize SWAM and minority businesses in support of City of Virginia Beach goals and any such contracts may not be negotiated until the final development agreement has been approved. a. Architect & Engineers: Clark Nexsen AECOM b. Procurement Specialist: Page 1 of 2 United States Management, LLC • 3333-24 Virginia Beach Blvd. •Virginia Beach,Virginia 23452 • USM United States Management China Machinery Engineering Corporation (CMEC) c. Construction Firm(s): M. A. Mortenson Company SB Ballard Construction Company d. Attorney/Legal Services Greenberg Traurig, LLP Wilks, Alper& Harwood, P.C. McGuireWoods Kaufman & Canoles e. Source of financing: China EXIM Bank Page 2 of 2 United States Management, LLC • 3333-24 Virginia Beach Blvd. •Virginia Beach,Virginia 23452 ��4�t1J1A•B A t City of Virginia I beach Op OUR Rtao VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 CCiUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM Refer to File No. 0056766 December 8, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the resolution approving (1) the execution of the documents necessary for the arena project and (2) authorizing the transfer of the arena land to the City of Virginia Beach Development Authority. 2. This disclosure supplements the disclosure I made in December 2014 regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 3. The arena project could increase demand for hotel rooms in the Resort Area, and the project agreement also contemplates a temporary increase in the hotel tax. 4. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the Resort Area. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 I II i i Mrs. Ruth Hodges Smith -2- December 8, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. I am a member of a business, profession or occupation, namely Resort Area hoteliers. To the extent the approval of this transaction may affect the business of hotels in the Resort Area, all members of this profession may be affected by the transaction. 6. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Burlage Management Corporation is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. -re • E. Uhrin 'ouncilmember JEU/RRI I 1 (444"/ .>' City of Virginia Scach o .ItB '. i t.-...... ..._:_ �. t- c. X. c �' �c r e S OF 0UR.NxiolV VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 Refer to File No. 0056764 December 8, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the resolution approving (1) the execution of the documents necessary for the arena project and (2) authorizing the transfer of the arena land to the City of Virginia Beach Development Authority. 2. This disclosure supplements the disclosure I made in December 2014 regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 3. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact real estate service providers, including Berkshire Hathaway HomeServices Towne Realty ("Berkshire Hathaway"). 4. I am a real estate agent affiliated with Berkshire Hathaway, and I have a personal interest in the company because I receive commissions from the company. The 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Smith -2- December 8, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) only income I receive from Berkshire Hathaway is my own commissions from my own sales. 5. I personally have no current real estate listings in the immediate vicinity of the proposed arena project. Likewise, I am not aware of, and am not currently pursuing, any potential future listing in the immediate vicinity of the proposed arena project. 6. I am a member of a business, profession or occupation, namely real estate service providers, the members of which may currently or at some point in the future be involved in the marketing and sale of property in the vicinity of the arena. To the extent the approval of this transaction may affect property values in the immediate vicinity of the arena project and therefore affect sales commissions, all members of this profession may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Berkshire Hathaway is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/RRI 1 cp4iik.13E4 u amity of Vir iriia Beach r 8 Op OUR Ngoe's VBgov.com JAMES L.WOOD PHONE: (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 'Wood @ vbgov.com Refer to File No. 0056765 December 8, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the resolution approving (1) the execution of the documents necessary for the arena project and (2) authorizing the transfer of the arena land to the City of Virginia Beach Development Authority. 2. This disclosure supplements the disclosure I made in December 2014 regarding City Council's discussion and vote on a resolution approving a non-binding term sheet for the development of an arena and authorizing the development of definitive project documents. 3. The arena project could affect nearby property and could impact the marketability and value of such properties, which could potentially impact the value of real estate in the vicinity of the arena. 4. I have an ownership interest in 603/605 22nd Street, L.L.C. and 609/607 22nd Street L.C. The principal office address for both companies is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452 1 Mrs. Ruth Hodges Smith -2- December 8, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. 603/605 22nd Street, L.L.C. owns property located at 603 and 605 22nd Street; 609/607 22nd Street L.C. owns property located at 607 and 609 22nd Street. All of this real property is located approximately three blocks from the proposed arena site. 6. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the arena project (either via direct ownership or via ownership of a company that owns the land). To the extent the approval of this transaction may affect the value of land in the vicinity of the arena project, all members of this group may be affected by the transaction. 7. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to 603/605 22nd Street, L.L.C. or 609/607 22nd Street L.C. is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincer. ly, glik, 110 s . Wood ncilmember JLW/RRI III 65 Item-VI-L4b ORDINANCES/RESOLUTIONS ITEM#65521 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED, Resolution re the Arena Project: b. DECLARE City Council's intent that no General Fund dollars are to be used Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None December 8, 2015 1 A RESOLUTION TO DECLARE CITY COUNCIL'S 2 INTENT THAT NO GENERAL FUND DOLLARS ARE 3 TO BE USED IN THE ARENA PROJECT 4 5 WHEREAS, the City Council established the Tourism Investment Program ("TIP") 6 to provide dedicated funding for tourism related capital project and initiatives such as 7 the Virginia Beach Convention Center and the Sandler Center for Performing Arts; and 8 9 WHEREAS, the TIP is funded by the Admissions Tax and portions of the 10 Transient Occupancy Tax (5% of 8%), the Meals Tax (1.06% of 5.5%), and Cigarette 11 Tax (5 cents of 75 cents); and 12 13 WHEREAS, as described in the Arena Fund Agreement, the City's direct 14 financial participation in the Arena Project relies upon the new taxes generated on the 15 premises of the Arena and a portion of the Citywide Hotel Tax; and 16 17 WHEREAS, the plan of financing the City's obligations (on-site and off-site 18 infrastructure and increased public services, such as Public Safety) utilizes the funding 19 streams dedicated to the TIP; 20 21 WHEREAS, there is no need for the utilization of existing General Fund revenues 22 to provide the City's direct financial participation in the Arena Project or the City's 23 obligations; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the Arena Project does not require the utilization of any existing General 29 Fund revenues, and that no existing General Fund revenues are to be used for the 30 Arena Project. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 2015. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT / P .._ 1111partment1A. I"_. _ Budget a►'• M. agement Services Dtof Finance APPROVED AS TO LEGAL SUFFICIENCY: 1 City Attorney's Office CA13537 R-2 December 2, 2015 I III I 66 Item-VI-L4c ORDINANCES/RESOLUTIONS ITEM#65522 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council ADOPTED, Resolution re the Arena Project: c. REAFFIRM strong and continuing support of the Tidewater Veterans Memorial and Park Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M. Henley Council Members Absent: None December 8, 2015 A RESOLUTION REAFFIRMING THE CITY COUNCIL'S STRONG AND CONTINUING SUPPORT OF THE TIDEWATER VETERANS MEMORIAL 1 WHEREAS, on December 12, 1983, the City Council unanimously approved 2 construction of the Tidewater Veterans Memorial on a site in front of what was then the 3 Virginia Beach Pavilion, south of 19th Street, and agreed to assume the maintenance 4 and function of the memorial upon completion; 5 6 WHEREAS, the Virginia Beach Veterans Memorial Committee, Inc., completed 7 construction of the Tidewater Veterans Memorial at that site and dedicated all of its 8 rights, title and interest in the Memorial to the City of Virginia Beach, so that a lasting 9 tribute could be made to the many Tidewater veterans from all branches of the armed 10 services; 11 12 WHEREAS, on Memorial Day, May 30, 1988, the City accepted the dedication of 13 the Memorial to have and hold for the public use forever, and the City assumed the 14 caretaking functions of the Memorial from that day forward, and these commitments 15 were memorialized in a resolution adopted by the City Council that same year; 16 17 WHEREAS, the City Council is considering authorizing the construction by 18 developer United States Management ("USM") of an arena in the vicinity of the 19 Memorial, and the developer and City staff have consulted with the Mayor's Veterans 20 Committee regarding any potential impact to the Memorial or the adjacent William "Billy" 21 Myers, Sr. Veterans Memorial Park; and 22 23 WHEREAS, the City Council wishes to reaffirm its strong and continuing support 24 for the Memorial and Park. 25 26 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA THAT: 28 29 1. The City Council reaffirms the commitments made in its 1988 resolution, 30 guaranteeing that the Tidewater Veterans Memorial and the William "Billy" Myers, Sr. 31 Veterans Memorial Park are indivisible and will remain intact and in their present 32 location. 33 34 2. The City Council, the developer, and the Mayor's Veterans Committee 35 recognize that certain enhancements may be necessary to preserve the structural 36 integrity and enhance the aesthetic appearance of the Memorial and Park, but any 37 proposed changes will be presented to the Mayor's Veterans Committee in advance 38 and will be built only if approved by the committee. 39 40 3. The City Council will ensure that annual legacy events on Memorial Day 41 and Veterans Day at the Memorial will take place during arena construction with, if 42 necessary, only minor adjustments for staging and parking based on the status of that 43 construction. 44 45 4. By taking the above-referenced actions, the City Council is ensuring that 46 the veterans in whose honor and memory the Tidewater Veterans Memorial and the 47 William "Billy" Myers, Sr. Veterans Memorial Park were constructed will not be forgotten, 48 and the sanctity of those spaces will continue to provide our residents and visitors with a 49 constant reminder of the noble sacrifices made by our men and women in uniform. Adopted by the City Council of the City of Virginia Beach, Virginia, this 8th day of December , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA13538 R-1 December 2, 2105 67 Item -VI-I.5 ORDINANCES/RESOLUTIONS ITEM#65523 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to ACCEPT the Virginia Beach Arts Plan 2030 Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 1 1 AN ORDINANCE TO ACCEPT THE VIRGINIA 2 BEACH ARTS PLAN 2030, NOVEMBER 2015 3 4 WHEREAS, the Virginia Beach Arts Plan 2030, November 2015 has been 5 developed with extensive input from the community and stakeholders as to the direction 6 the City should take to support cultural development; and 7 8 WHEREAS, the Virginia Beach Arts Plan 2030, November 2015 is the 9 culmination of that year-long process; and 10 11 WHEREAS, the Virginia Beach Arts Plan 2030, November 2015 Plan should be 12 accepted for use by the City of Virginia Beach. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That the Virginia Beach Arts Plan 2030, November 2015 be, and hereby is, 18 accepted by the City Council of the City of Virginia. Such document is made a part 19 hereof, having been exhibited to the City Council and is on file in the Department of 20 Cultural Affairs. 21 22 COMMENT 23 24 The ordinance accepts the Virginia Beach Arts Plan 2030,November 2015. 25 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th 28 day of December , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN Y: 0 jaiL62);( iv) . , vi.., ,....4et, j % Cul ffairs City Attorney's Office CA13532 R-2 December 7, 2015 68 Item—VI-L 6 ORDINANCES/RESOLUTIONS ITEM#65524 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROVE the sale of School Board property for Witchduck Road Phase II and ALLOW the School Board to retain all sale proceeds Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY FOR THE 3 CITY'S WITCHDUCK ROAD PHASE II 4 PROJECT AND ALLOWING THE SCHOOL 5 BOARD TO RETAIN THE SALE PROCEEDS 6 7 8 WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from 9 the School Board of the City of Virginia Beach (the "School Board") certain real property 10 comprised of 17,560 sq. ft. for right-of-way and a 9,450 sq. ft. temporary construction 11 easement on a portion of GPIN 1467-74-7996 located at 5100 Cleveland Street (the 12 "Renaissance Academy") and 4,143 sq. ft. for right-of-way and a 4,118 sq. ft. temporary 13 construction easement on a portion of GPIN 1467-75-8675 located 273 N. Witchduck 14 Road, a vacant school site adjacent to Renaissance Academy (the right-of-way and 15 easements to be acquired from both parcels, collectively, the "Property"). The Property 16 shall be used for the City's Witchduck Road Phase II Project; 17 18 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for 19 which the school board has no future use and to retain the proceeds of such sale upon 20 approval of the local governing body, after the school board has held a public hearing on 21 such sale and retention of proceeds; 22 23 WHEREAS, the School Board held a public hearing on December 1, 2015 to take 24 public comment on the proposed sale of the Property to the City and retention of the 25 proceeds therefrom; and 26 27 WHEREAS, the School Board adopted a Resolution on December 1, 2015 finding 28 no further use for the Property, determining that the Property may be sold, agreeing to sell 29 the Property to the City, and intending to retain the proceeds of the sale. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the sale of the Property as shown on Exhibit A, attached hereto and 35 made a part hereof, from the School Board to the City is hereby approved; and 36 37 2. That the School Board may retain all of the proceeds of the sale, in 38 accordance with the provisions of Virginia Code §22.1-129. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day 41 of December , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • ' ' • • 4-1i)1A6an oauy Cut/(1 Public Works / ` City Attorney CA13459 R-1 November 23, 2015 1 II / * PEN Nr J v>`' "'.:"C; ' : I Ill °I tl. ''I:: ' 1 : —:. 11 * --+- ,,:, f ,/ I, *, 0 g "0 ca itt , 65 I. , — m Y 0 } ► 4 . ,` 4T tiit 4707 _ �¢ �; 3 1 `si .... ZOM +i oAo g t 1. GMOO MYA3SU3? , E, a El 4„,, .5 O N 7 `p € eta i " ;,,.14� m c ;' V ° �O - :t0 `c5 ro III .4. _ • ... _, , , () cos § 4 r `'" eQort} ` WW " r{, a i , , -4,-.. , •- .. . . ji E m) ts it, , w � '�TOM i I.. 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W g a v► P. 7 "Ee " e II i School Board of the City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS Daniel D.Edwards,District 2—Kempsville,Chair Beverly M.Anderson,At-Large,Vice Chair Sharon R.Felton,District 6—Beach School Administration Building#6,Municipal Center Dorothy M.Holtz,At large 2512 George Mason Dr. P.0.Box 6038 Joel A.McDonald,District 3—Rose Hall Virginia Beach,VA 23456 Ashley K.McLeod,At-large (757)263-1000 Kimberly A.Melnyk,District 7—Princess Anne MISSION STATEMENT Carolyn T.Rye,District 5—Lynnhaven Elizabeth E.Taylor,At-Large The Virginia Beach City Public Schools,in partnership with the entire community,will empower every student to become a life-long learner Leonard C.Tengco,District 1 Centerville who is a responsible,productive and engaged citizen within the global Carolyn D.Weems,District 4—Bayside community. Aaron C.Spence,Ed.D.,Superintendent RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY FOR THE CITY'S WITCHDUCK ROAD PHASE II PROJECT WHEREAS,the City of Virginia Beach("City")has identified the need to purchase certain School Board property located on the Renaissance Academy site and identified as portions of parcels GPIN 1467-75-8675 and GPIN 1467-74-7996("School Board Property"),for the City's Witchduck Road Phase II Project, CIP 2-025(the"Project"); WHEREAS,the Project will provide a six-lane divided roadway on a 143-foot to 165-foot variable right-of-way from 1-264 to Virginia Beach Boulevard,a distance of approximately 2,600 feet; WHEREAS,the City has proposed purchasing the School Board Property in order to complete the Project,which will further include aesthetic improvements such as a wide outside lane for cyclists and 16-foot wide benches comprised of brick pavers and sidewalk; WHEREAS,the City's acquisition of the School Board property will enable the City to enhance this roadway corridor, increase property values, and provide an overall benefit to the citizens of Virginia Beach; WHEREAS,Virginia Code§22.1-129 allows the School Board to sell real property that it determines it has no future use for and the School Board has held a public hearing on December 1,2015 to take public comment on the proposed sale of property to the City and retention of the proceeds therefrom;and WHEREAS,due to the de minimis impact the conveyance of the School Board property will have on the Renaissance Academy site, and the expected benefits that will be derived from this Project for the citizens of Virginia Beach,the School Board is of the opinion that sale of the School Board property would be a benefit to all parties. NOW THEREFORE BE IT RESOLVED that: 1. In accordance with Virginia Code§22.1-129,the School Board finds that,due to the strategic location of the parcels identified as GPIN 1467-75-8675 and SPIN 1467-74-7996,and the fact that the benefits of this conveyance are greater than the detriment to the remainder of the School Board property,the School Board finds that it does not have further use for such real property and determines that it may be sold. 2. The School Board agrees to sell a 17,560 sq.ft. portion of SPIN 1467-74-7996,located at 5100 Cleveland St.,and grant a temporary construction easement of 9,450 sq.ft. thereon to the City for the appraised value of$298,276.00. 3. The School Board agrees to sell a 4,143 sq. ft. portion of SPIN 1467-75-8675, located at 273 N.Witchduck Road,and grant a temporary construction easement of 4,118 sq.ft.thereon to the City for the appraised value of$64,541.00. 4. Total amount of all compensation to be paid to School Board by City for these acquisitions and easements is$362,817.00. 5. Additionally,the School Board authorizes the Chairman or his designee to execute any and all documents desired and necessary to complete the above-referenced transactions. Adopted by the School Board of the City of Vir.' is Beach this 10 day of December 2015 SEAL Daniel 0,Etwards, Chairman 7 ' Attest' Dianne P.Alexander,Clerk of the Board i I i 69 Item -VI-I.7 ORDINANCES/RESOLUTIONS ITEM#65525 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Pike Inlet, re a boat lift at 332 Tuna Lane DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Pike Inlet, re a boat lift at 332 Tuna Lane DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. Nothing within the Agreement shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity. Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice'), and that within one hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one hundred eighty (180) day period, the City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. 3. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the construction, location or existence of the Temporary Encroachments. 4. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein; provided, however, in the event of a casualty, damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty, damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for City Council approval of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Area. 5. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. December 8, 2015 70 Item -VI-L7 ORDINANCES/RESOLUTIONS ITEM#65525 • (Continued) 6. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a Traffic Control Plan before commencing any work in the Encroachment Area. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area. 8. It is further expressly understood and agreed that prior to issuance of a right-of- way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their Engineer's cost estimate, to the Office of Planning to guard against damage to City property or facilities during any construction. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and General Liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. 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 such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachments. 10. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "as built"plans of the Temporary Encroachments sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day the Temporary Encroachments are allowed to continue thereafter; and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. December 8, 2015 I 71 Item-VI-I.7 ORDINANCES/RESOLUTIONS ITEM#65525 (Continued) 12. The Association executes this Agreement for the purpose of acknowledging its requirements and to the extent it has or may have any obligations hereunder pursuant to the Condominium Instruments accepting responsibility for same. 13. The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee's leasehold interest in the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee's leasehold interest in the Grantee Property; and, the transferor of the Grantee's leasehold interest in the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee's leasehold interest in the Grantee's Property. 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 Eighth day of December, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None December 8, 2015 � I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS PIKE INLET, 7 LOCATED AT THE REAR OF 332 8 TUNA LANE 9 10 11 WHEREAS, William Paulette and Carolyn Paulette desire to construct and 12 maintain a proposed covered boat lift (20' L x 9.7' to 11.7' W), 4 Piles, into a portion of 13 the City property located at the rear of 332 Tuna Lane, in the City of Virginia Beach, 14 Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, William Paulette and Carolyn 25 Paulette, their heirs, assigns and successors in title are authorized to construct and 26 maintain temporary encroachments for a proposed covered boat lift (20'L x 9.7' to 27 11.7'W), 4 Piles, into a portion of City's property known as Pike Inlet as shown on the 28 map entitled: "EXHIBIT A, PROPOSED ENCROACHMENT OF COVERED BOAT LIFT 29 IN PIKE INLET," a copy of which is attached hereto as Exhibit A, on file in the 30 Department of Public Works and to which reference is made for a more particular 31 description; and 32 33 BE IT FURTHER ORDAINED that the temporary encroachment is 34 expressly subject to those terms, conditions and criteria contained in the Agreement 35 between the City of Virginia Beach and William Paulette and Carolyn Paulette (the 36 "Agreement"), an unexecuted copy of which has been presented to the Council in its 37 agenda, and subsequent to execution will be recorded among the records of the Clerk's 38 Office of the Circuit Court of the City of Virginia Beach; and 39 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 44 time as William Paulette and Carolyn Paulette and the City Manager or his authorized 45 designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 t hday 48 of December , 2015. CA 13340 R-1 PREPARED: 11/23/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d004\p018\00202970.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM • SIGNATURE DA k. A '. A' YER, ASSO ATE CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION ' I 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 18th day of November, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and William PAULETTE and Carolyn PAULETTE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 154 " as shown on that certain plat entitled: "Sandbridge Shores Section 1B North Princess Anne Borough, Virginia Beach, VA.," Scale: 1"=100' , which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 332 Tuna Lane, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed covered boat lift (20' L x 9.7' W to 11.7' W), 4 Piles and Roof, (the "Temporary Encroachment"), in the City of Virginia Beach, Virginia; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Pike Inlet, the "Encroachment Area"; and GPIN: (CITY PROPERTY— 2433-16-9348) Adjacent to 2433-26-1318 (332 Tuna Lane) 111 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A, PROPOSED ENCROACHMENT OF COVERED BOAT LIFT IN PIKE INLET", dated June 25, 2015, prepared by Marine Engineering, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 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. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian 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"). The Grantee shall consult with the Environment and Sustainability Office of the Department of Planning and Community Development on the composition of plants for the Buffer prior to its installation to confirm plant suitability and acceptance. 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 3 and Sustainability Office of the Department of Planning and Community Development 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 must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, combined single limits if such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 � l 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, William Paulette and Carolyn Paulette, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: By William Paulette, Owner /) Y` ` I ✓ 0_, /11 Carolyn 7aul-tte, Owner STATE OF CITY/COUNTY OF IN H , to-wit: The foregoing instrument was acknowledged before me this Way of Nu-e. r , 2015, by William Paulette. (SEAL) N 6fuvu_dry Public Notary Registration Number: 30-1 say `- JOANNE i� K BERRY Notary Public My Commission Expires: I A,3 i lq Commonwealth of Virginia 304820 4 M Commission Ex Ires Dec.31,2018 6 I STATE OF CITY/COUNTY OF VA 6H , to-wit: The foregoing instrument was acknowledged before me this / S 'lay of ewe t'Y 9e ( , 2015, by Carolyn Paulette. ikt,ttAl A1 J SEAL) ry Public Notary Registration Number: 30( sat) My Commission Expires: I E"1 JOANNE K BERRY Notary Public Commonwealth of Virginia 304820 My Commission Expires Dec.31,2018 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM { SIGNATURE DA . H OCIATE CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 8 I III SANDBRIDGE SHORES NORTH SEC 1-B LOT 66 SANDBRIDGE SHORES NORTH SEC 1-B LOT 65 BUFFER REQUIREMENTS N/F HUGH C BARTON JR WF CHARLES E CARLSON JR 317 TEAL CRES 313 TEAL CRES 1606.9 SF OF BUFFER RESTORATION (308 BACK BAY CRES) GPIN:24332605390000 RESULTS FROM A 15 WIDE STRIP. GPIN:24331695430000 DB 2749 PG 571 THE VDCR GUIDANCE MANUAL DOC#200407200110659 MB 103 PG 24 REQUIREMENT PER APPENDIX D, MB 103 PG 24 TABLE A: PROPOSED COVERED BOAT LIFT /� (5)CANOPY TREES (4 PILES&ROOF ENCROACHMENT) / �/ @t.5'-2'CALIPER OR LARGE EVERGREEN @6' (10)UNDERSTORY TREES SANDBRIDGE SHORES NORTH SEC 1.8 LOT 67 @3/4'•1.5"CALIPER NT MARGARET HICKEY FRENCH OR EVERGREEN @4' 321 TEAL CRES ' (15)SMALL SHRUBS (114 WOLFE ST ALEXANDRIA VA 22314852) /". OR WOODY GROUND COVER GPIN:24331684610000 / 33' @15'-18" DB4541 PG 1131 PIKE INLET / MB 103 PG 24 (CITY OF VIRGINIA BEACH) / 132 / / 9.7' / 20.0' ik, / / / � / 1�, 15.0' CANAL /. PROPERTY LINE , / CENTER LINE / INSTALL 7 UFFER 15 STRIP / / AS REQUI-• 4XISTINGWAR PROPOSEDWHARF EXTENSION DOES NOT ENCROACH / 9� (NOT SHOWN) SANDBRIDGE SHORES NORTH SEC 1-8 LOT 155 / o�' / S328 TUNISTOPHER G BURNS 328 TUNA LANE / GPIN:24332614860000 / F �'1o DOC#20060420000600760 / BULKHEAD 8 RA.• `7• MB 103 PG 24 MHW AT BU (HEAD .4r /. . , 33.3' .// • • , . MLW PROPERTY LINE / ' / J�� �� PIN(F) '' S c:RIDGESHORES Ni'THSEC IBLOT 154 N' WILLIAMPAULETTE 332PROPERTY LINE ,, GP A 613 ft G r,%? 613182020 /9y" ��LTH OF �� " . ,J 04 . . Dj ' S 4/ ° �' N. f �' PSP _ DAVID KLEDZIK _ SANDBRIDGE SHORES NORTH SEC 1-B LOT 153 N/F RICHARD M KLEIN No. 336 TUNA LANE Lie. 034674 GPIN:24332603320000 11/2015 DOC#20090202000096360 10' 0' 10' 20' 30' IL E/ ,Q MB 103PG24 s `ORAL PIN(F) SCALE:1"=30' / EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT WILLIAM PAULETTE OF VIRGINIA BEACH, VA 23455 332 TUNA LANE COVERED BOAT LIFT SHEET 1 OF 1 VIRGINIA BEACH, VA 23456 IN PIKE INLET DATE: JUNE 25, 2015 I SANDBRIDGE SHORES NORTH SEC 1-B LOT 66 SANDBRIDGE SHORES NORTH SEC 143 LOT 65 BUFFER REQUIREMENTS NIP HUGH C BARTON JR NIP CHARLES E CARLSON JR 317 TEAL CRES 313 TEAL CRES 1606.9 SF OF BUFFER RESTORATION (308 BACK BAY ORES) GPIN:24332605390000 RESULTS FROM A 15 WIDE STRIP. GPIN:24331695430000 DB 2749 PG 571 THE VDCR GUIDANCE MANUAL DOC#200407200110659 MB 103 PG 24 REQUIREMENT PER APPENDIX D, MB 103 PG 24 TABLE A: PROPOSED COVERED BOAT LIFT J V/� (5)CANOPY TREES / O (4 PILES 8 ROOF ENCROACHMENT) OR 1.5LARGE'•R'CALIPER EVERGREEN @6' (10)UNDERSTORY TREES SANDBRIDGE SHORES NORTH SEC 1-B LOT 67 X3/4'•1.5'CALIPER OR EVERGREEN @4' N/F MARGARET HICKEY FRENCH i (15)SMALL SHRUBS 321 TEAL ORES / OR WOODY GROUND COVER (114 WOLFE ST ALEXANDRIA VA 22314-3852) % @15.-18" DB / 33' % DB4541 PG 1131 PIKE INLET 13.2 i MB 103 PG 24 (CITY OF VIRGINIA BEACH) / / • / /' 9.7' / 20.0' / . 15.0' CANAL PROPERTY LINE , / CENTER LINE / / % INSTALL 7UFFER 15 STRIP / 4TINGWF ASREQUI••a / .z, PROPOSED WHARF EXTENSION ,,IP DOES NOT ENCROACH / �edp (NOT SHOWN) SANDBRIDGE SHORES NORTH SEC 1 B LOT 155 N/F CHRISTOPHER GBURNS / GPI328 :243 LANE / s?. DOC#20060420000600760 332614860000 / R �s� MB 103 PG 24 �� BULKHEAD8RA �'• MHW AT BUL EAD 33.3' _' , • MLW PROPERTY LINE ° J ,'. ,, PIN(F) •/ SA ,.:RIDGESHORES .'THSEC 1•BLOT 154 N WILLIAM PAULETTE 332 A LANE . QPROPERTY LINE ,, GP',)3,,613180000 4:C) /� � 154 �, G24 ,� ti90 ,I :.% ����0 9aC��t,LTH ply, .04s Fi 4Sk J�P "c) DAVID KI.EDZIK SANDBRIDGE NORTH SEC 1-B LOT 153 RICHARD M KLEIN 6 336 TUNA LANE •,V(:. N o. 034674 GPIN:24332603320000 (Qj+ DOC#20090202000096360 . 10' 0' 10' 20' 30' O 8�11�2015 �, MB 103 PG 24 sk-vONAL #6 PIN(F) SCALE:r=30' / EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT 4212MARINE DOUGHERTYNGINEERING CT WILLIAM PAULETTE OF VIRGINIA BEACH, VA 23455 332 TUNA LANE COVERED BOAT LIFT SHEET 1 OF 1 VIRGINIA BEACH, VA 23456 IN PIKE INLET DATE: JUNE 25, 2015 ' I ....-:,•„:-.:;:",—.1,-�' � � b` TM ` 4ff (.' „b i'.'..'.;.1.1.,„„..0:. �� a d 9 P,✓'° .'' " ,30 {h Stireet ,,.‘ *. ...,,.:l.„.„.,...;?..,"),?'t'2.,,, :.4:1'.5' '...,. 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N Q Q w {--c: M� \ C V N 2 ' a O i- 0 464; O m Z C W \ K2 I ( ( \ \ 72 Item-VI-L8a/b/c ORDINANCES/RESOLUTIONS ITEM#65526 Jeff Ainslie, 389 Edwin Drive, Phone: 434-7700 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINATELY, BY CONSENT, Resolution to AUTHORIZE re the Old Beach Village, LLC Apartments: a. A non-binding Term Sheet b. The Development Authority's Incentive Agreement c. Development of supplemental documents Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None December 8, 2015 III I I G0A$EAC$'. E City of 'Vir iriia t beach 994-9 °F OUR NAOFA ��ON5 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms C@ vbgov.com In Reply Refer to 0056788 December 9, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on a Resolution Approving a Non-Binding Term Sheet for the Old Beach Village, LLC Apartments Project, Requesting Approval by the City of Virginia Beach Development Authority and Authorizing the Development of Supplemental Project Documents. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. TowneBank provided financing with respect to property that is the subject of this resolution, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- December 9, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, //)/(////1/4 , William D. Sessoms Mayor WDS/RRI III I i 73 Item -VI-L9 ORDINANCES/RESOLUTIONS ITEM#65527 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to PROVIDE $790,000 to the Development Authority re the Bio-Medical Initiative Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None December 8, 2015 I 111 I I 1 AN ORDINANCE PROVIDING $790,000 TO CITY OF 2 VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR THE 3 BIO-MEDICAL INITIATIVE 4 5 WHEREAS, in the FY2015-16 Operating Budget, the City Council appropriated 6 $1,000,000 to the Department of Economic Development to create a bio-medical 7 industry business development program (the "Bio-Medical Initiative"); and 8 9 WHEREAS, the City of Virginia Beach Development Authority has identified 10 proposed uses of such funds including establishment of a Bio Accelerator and detailed 11 designs of a Bio Park; 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA, THAT: 15 16 The City Council hereby authorizes and directs the Department of Economic 17 Development to provide $790,000 to the City of Virginia Beach Development Authority 18 in furtherance of the Bio-Medical Initiative and the focus areas identified by the Bio- 19 Medical Task Force. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servi -s Ci y A •rney's Office CA13534 R-1 November 25, 2015 74 Item -VI-L.10a/b ORDINANCES/RESOLUTIONS ITEM#65528 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re the Fire Department Marine Team: a. ACCEPT and APPROPRIATE$192,525 in 2015 Port Security Grant funds from the United States Department of Homeland Security b. TRANSFER$64,175 from the Grants Consolidated Fund for the required local match Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS FOR THE FIRE 3 DEPARTMENT MARINE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $192,525 in grant funding from the United States Department of 9 Homeland Security 2015 Port Security Grant is hereby accepted and appropriated, with 10 estimated federal revenue increased accordingly, to the Fire Department to purchase 11 maritime equipment and repower Fireboat 30 for the Marine Team; and 12 13 2. $64,175 is hereby transferred to the Fire Department from funding in the 14 Grants Consolidated Fund (2014 Aid to Localities) to provide the required local match. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of December , 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 V` Z,„4,195 ---- Budget and Management Services y Attorney's Office CA13535 R-1 November 25, 2015 75 Item-VI-L11(ADD ON) ORDINANCES/RESOLUTIONS ITEM#65529 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution appointing Douglas Smith as Interim City Manager, effective January 1, 2016, with a salary increase of ten (10)percent for the period of time that he serves as Acting City Manager Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 i I i REQUESTED BY CITY COUNCIL 1 A RESOLUTION APPOINTING DOUGLAS L. SMITH AS 2 ACTING CITY MANAGER 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 1. That pursuant to § 4.01 of the City Charter, Douglas L. Smith is hereby 7 appointed as the Acting City Manager, effective January 1, 2016. He shall serve in that 8 capacity until such time as a candidate appointed by City Council to serve as City Manager 9 begins his or her term of office. 10 11 2. Mr. Smith's salary shall be increased by 10% for the period of time that he 12 serves as Acting City Manager. 13 14 Dece Abdooted by the Council of the City of Virginia Beach, Virginia, on the 8th day of 15 , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA 13540 R-3 December 8, 2015 I II 76 Item-VI-L12(ADD ON) ORDINANCES/RESOLUTIONS ITEM#65530 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT,Resolution recognizing City Manager Jim Spore's retirement after 24 years Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None • December 8, 2015 c.,...„.„.ed../ 411 i IrF�p OUN N�1\OM RESOLUTION WHEREAS: James K Spore was named City Manager of Virginia Beach in November of 1991 and has served in that capacity for twenty-four of his fifty years in public service; WHEREAS: He earned a Master of Public Administration from the University of Colorado and both a Bachelor and Master of Urban Planning from the University of Illinois Champaign-Urbana. He worked with the Department of Defense as a research analyst; WHEREAS: He entered public service as Director of Community Development for Lakewood, Colorado, then Elgin,Illinois; served as City Manager of Garland, Texas,and Burnsville,Minnesota; WHEREAS: In 2010, he received the International City Manager's Association Award for Career Excellence in Honor of Mark E. Keane, which recognizes an "outstanding chief local government administrator who has fostered representative democracy by enhancing the effectiveness of local elected officials and by consistently initiating creative and successful programs"; WHEREAS: Jim is a member of the American Institute of Certified Planners (AICP),the American Planning Association (APA), the American Society for Public Administration(ASPA), the Alliance for Innovation and the International City Management Association(ICMA); WHEREAS;; Jim ascribes our community's success during his tenure to three things: a well-educated and forward looking citizenry; a City Council that has had the courage to create a vision with specific goals for the community;a highly professional staff and volunteer workforce that are aligned with the City Council's vision and dedicated to its achievement; WHEREAS:: All of the accolades accumulated during his service can be attributed to his commitment to devoting his talents and energy to assist this community in improving the quality of life for all of our citizens and his dedication to public service; WHEREAS: Jim supports and encourages regionalism, serving on the Executive Boards of the Hampton Roads Planning District Commission; the Hampton Roads Partnership,and Reinvent Hampton Roads; WHEREAS: Under Jim's leadership, economic development has soared and tourism has flourished,providing revenue that keeps the tax burden one of the lowest in the nation for our citizens. In addition,the City's Striving for Excellence program saves millions in tax dollars annually through quality and productivity efforts, and as a result, Virginia Beach has the lowest tax burden among the major cities in Hampton Roads. Jim's support of Sister Cities has truly encouraged international relationships with world democracy in peace and understanding; WHEREAS: Our partnership with Jim has produced significant quantifiable results such as the Lake Gaston water supply project; redevelopment of the resort area, including the new Boardwalk, the Big-Beach hurricane protection project, the 3P Street hotel, public parking and park, and the Laskin Gateway; Town Center, including the II i i Sandler Center;Princess Anne Commons, including the Hampton Roads Soccer Complex, OD!/IVSU Higher Education Center, Sportsplex, relocated Princess Anne Park and ball f ekls, the Amphitheater, health care complex, Advanced Technology Center, Health Professions Building, Science Building, student activities center and Joint Use Library on the TCC campus, Life Net, Operation Smile Headquarters, Virginia Beach Fieldhouse VB National Golf Course, YMCA/Tides Swimming Complex, and Children's Hospital of the Kings Daughters; Triple"A"bond rating from all three financial rating agencies;dozens of roadway projects including the replacement of the Lesner Bridge; numerous school renovations/replacements; Public Safety improvements including seven Fire and EMS stations, two Police precincts and the Emergency Communications Center;I-Fly mixed use and public parking structure; an expanded Virginia Aquarium and the Museum of Contemporary Art (MOCA); the decision to extend light-rail transit to Town Center; creation of system of first-class libraries,recreation centers and parks;and the restoration of the iconic Cavalier Hotel; WHEREAS: These achievements resulted from our ability to collaboratively set goals and develop effective partnerships between the government, the non-profit community and the private sector. These and many other achievements have been recognized by too many organizations and rating methodologies to mention here;and, WHEREAS: On this day, we honor a man who deserves our deepest gratitude, respect and friendship for all that he has done for each of us and for the City of Virginia Beach, NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to JAMES K. SPORE for his outstanding contributions to our City and extends its congratulations on the occasion of his retirement from government service. 1� AP . 1 ' ! - Co norm •(Daven..rt Co,nci ..ntjgh•rt Bo. (Dyer Counci LadyBarharaOen fey I : / tea/ Council Loe1 Sha on ane citman John O.tMoss Cou ady'Dr •me!>a N.W ss- AA/'r ��// 9fa mon, /4°44 i I.V not an John E.Vhrin CouncitLady Rosemary Wilson Coun Tm.n James L.'Wood keel( Vice ayor Lour Jones SKayort ltham D. "'1'TC'Sessoms,Jr 77 Item—VI-J PLANNING ITEM#65531 1. DONALD L.KESSEL SUBDIVSION VARIANCE 2. LINA MERCER and 1408 MILL SUBDIVSION VARIANCE DAM ROAD,LLC 3. REED ENTERPRISES,INC. MODIFICATION TO PROFFERS 4. PRINCESS ANNE MEADOWS,LLC and CONDITIONAL CHANGE OF FIVE MILE STRETCH ASSOCIATES,LLC ZONING 5. MPG RETAIL CONSULTING,LLC and CONDITIONAL CHANGE OF MARK IV INVESTMENTS,INC ZONING 6. RICHARD W.BOUCHER T/A EXCELLENCE CONDITIONAL USE PERMIT PROFESSIONAL PAINT SERVICE and GSH II, LLC 7. KEVIN JAMISON and MISSION CONDITIONAL USE PERMIT ENTERPRISES,LLC 8. RADMAN RADIOLOGICAL CORP. and CONDITIONAL USE PERMIT JOHN MOLLER STREET CLOSURE 9. RNR OF VIRGINIA and RANDOLPH A. CONDITIONAL USE PERMIT RAU TRUST ITEM#4 WILL BE DEFERRED TO JANUARY 5, 2016 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 December 8, 2015 78 Item -VI-J PLANNING ITEM#65532 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1, 2, 3, 4(DEFER TO JANUARY 5, 2016), 5, 6(MAYOR ABSTAIN), 7, 8 and 9 of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 79 Item-VI-11 PLANNING ITEM#65533 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of DONALD L. KESSEL,for a Subdivision Variance to legally establish a lot at 5001 Blackwater Road DISTRICT 7-PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DONALD L. KESSEL,for a Subdivision Variance to legally establish a lot at 5001 Blackwater Road (GPIN 1389888246) DISTRICT 7-PRINCESS ANNE The following conditions shall be required: 1. The site shall be substantially as shown on the submitted plat entitled "SUBDIVISION PLAT OF PROPERTY OF DONALD L. KESSEL INSTRUMENT NUMBER 20141008000957060 VIRGINIA BEACH, VIRGINIA", dated May 12, 2015, and prepared by Own &Jordal. 2. The above referenced Subdivision Plat, must be submitted to the Planning Department, Development Services Center for review and recordation. 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 Eighth day of December, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None December 8, 2015 80 Item—VI-J.2 PLANNING ITEM#65534 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED,BY CONSENT:Application of LINA MERCER and 1408 MILL DAM ROAD,LLC, fbr a Subdivision Variance re a deficiency at1408 Mill Dam Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LINA MERCER and 1408 MILL DAM ROAD, LLC, for a Subdivision Variance re a deficiency atl408 Mill Dam Road (GPIN 2408396466) DISTRICT 5 — LYNNHAVEN, subject to: The following conditions shall be required: L When the property is subdivided into four (4) parcels, it shall be in substantial compliance with the exhibit entitled, "Mercer Cove, " prepared by American Engineering, dated September 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A row of evergreen shrubs, subject to a species and location approved by the Development Services Center Landscape Architect, shall be installed along the entire length of the driveway that will serve proposed Lot 3 in order to provide a buffer between the existing adjacent dwelling located at the Northeast corner of Mill Dam Road, Palmetto Avenue and the proposed development. 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 Eighth day of December, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 81 Item—VI-J.3 PLANNING ITEM#65535 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED as PROFFERED and CONDITIONED, BY CONSENT:Application of REED ENTERPRISES, INC for a Modification of Proffers to a Conditional Rezoning re storm water (approved by City Council on 10/8/2013) at Holland and Dam Neck Roads DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of REED ENTERPRISES, INC for a Modification of Proffers to a Conditional Rezoning re storm water (approved by City Council on 10/8/2013), at Holland and Dam Neck Roads (GPIN 1495138628)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. I. All conditions attached to the Conditional Use Permit approved on this site on October 8. 2013, are deleted and replaced with the conditions below: 2. All motor vehicle repairs shall take place inside the building. 3. No outside storage of equipment,parts or materials shall he permitted unless located within the fenced bulk storage yard. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted unless located within the fenced bulk storage yard. 5. If the existing plant material around the storage yard does not meet the intent of Category VI Screening as reviewed by the Planning Department's Landscape Architect, the storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening and Buffering Specifications and Standards for the City of Virginia Beach. 6. No tires, merchandise or parts 'for sale"shall be displayed outside. 7. Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height offifteen (15)feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 8. A Photometric Plan shall be submitted at the time offinal Site Plan review. 9. A Landscape Plan shall be submitted at the time offinal Site Plan review. 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 Eighth day of December, Two Thousand Fifteen. December 8, 2015 82 Item—VI-J.3 PLANNING ITEM#65535 (Continued) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 4.0 JtiPt� fyLill / i CITY OF VIRGINIA BEACH u l k; INTER-OFFICE CORRESPONDENCE ' u� Z:;„"',-4 In Reply Refer To Our File No. DF-9495 DATE: November 24, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso frThDEPT: City Attorney RE: Conditional Zoning Application; Reed Enterprises, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 8, 2015. I have reviewed the subject proffer agreement, dated August 31, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen REED ENTERPRISES, INC., a Maryland corporation III FIRST AMENDMENT TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 31st day of August, 2015, by and between REED ENTERPRISES, INC., a Maryland corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: of a parcel of located in the Princess WHEREAS, the Grantor is the ownerproperty Anne District of the City of Virginia Beach, containing approximately 3.014 acres as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 3, 2013 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 20131015001228540 (hereinafter "2013 Proffers") to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that proffer #1 in the 2013 Proffers be deleted and replaced as set forth herein and that the remaining proffers be ratified and affirmed; and • WHEREAS, the Grantee's policy is to provide only for the orderly development of ' land for various purposes through zoning and other land development legislation; and PREPARED BY. SOILS BOIRUON, GPIN: 1495-13-8628 AIIERN& Prepared by: R.Edward Bourdon,Jr.,Esquire(VSB#22160) Sykes,Bourdon,Ahern&levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's modification of condition to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or q id pro c�uo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer #1 in the 2013 Proffers is deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "SITE PLAN OF DAM NECK CAR CARE CENTER EXPANSION FOR REED ENTERPRISES", prepared by Land Design and Development, Inc., dated 07/24/15, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PREPARED DR SYKES. P01'121)0N. All ERN&IiNY P.C. 2 2. Except as expressly modified herein, the remaining proffered Covenants, Restrictions and Conditions contained in the 2013 Proffers are hereby re-adopted, ratified and affirmed. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or PREPARED BYaM ' tiYU .Bot,111)Ox, other appropriate action, suit, or proceeding; MI ThERV&IJVV.Ii(. 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (g) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY le SUR:. R0M)0N. UM'&[IVY.ItC. 4 WITNESS the following signature and seal: Grantor: Reed Enterprises, Inc., a Maryland corporation By:Y4/1/ (SEAL) i Neal Reed, resident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day of September, 2015,by Neal Reed, President of Reed Enterprises, Inc., a Maryland corporation, Grantor. I jv ll� — 7,1011/507 Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 � •. Ye PREPARED BY. SYkki. I ( 'RI)(1N. F MN All ERN&LLYP.Ri 5 EXHIBIT "A" All that certain tract, piece or parcel of land with the improvements thereon and appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough in the City of Virginia Beach,Virginia, and being designated and shown as Lots 28, 29 and 3o on a plat entitled, `Subdivision for W. W. Sawyer and Edwin J. Smith of a Tract of Land near Land Town in Princess Anne County, etc.", which plat is dated May, 1913 and made by J. E. Old Surveyor, and duly of record in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, in Map Book 6, at Page 81; said lots fronting on the southwestern side of Holland Road and taken as a whole containing four (4) acres, more or less; reference to said plat is hereby made for a more particular description of said property fronting on Holland Road. SAVE AND EXCEPT that portion thereof heretofore conveyed for the widening of the existing Holland Road. GPIN: 1495-13-8628 H:AAM\Mod of Proffers\Reed Enterprises\Holland Road\1st Amendment to Proffers.doc PREPARED BY: SYA6S.BOUPDON. ati AIIERN&LEVI P.C. 6 Z im" N.\ :E: 01 Z (1) vi• W IJJ \ 8 0 , ...... / c it Z 4:0 -s- o 4..., LLI b o c Ci LLI + ell CC ouNi Ni000:00/1-1 9--', -70 o W < _ ---- Ili - SI 0 \\N / / N / El 4 0 , ILAj / ict , Z 9'*40A, in • E2 -vt, N 83 Item—VI-J.4 PLANNING ITEM#65536 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED to JANUARY 5, 2016, BY CONSENT: PRINCESS ANNE MEADOWS, LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C. ARLAR and E.S.G.ENTERPRISES,INC.,fora Conditional Change ofZoninefrom AG-1 andAG-2 to Conditional R-l0 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7—PRINCESS ANNE[This item was deferredfrom November 17, 2015.1 Voting: 11-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Ses.soms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 84 Item—VI-J.5 PLANNING ITEM#65537 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED AS PROFFERED, BY CONSENT: Application of MGP RETAIL CONSULTING, LLC and MARK IV INVESTMENTS, INC.,for a Conditional Change ofZoningfrom AG-2 Agricultural to Conditional B-2 Community Business at 1136 1203, 1205 Edison Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MGP RETAIL CONSULTING, LLC and MARK IV INVESTMENTS, INC., for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business at 1136, 1203, 1205 Edison Road (GPINs 2415422767, 2415423963, 2415422630, 2415423445, 2415425501, 2415422384) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of December, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 S 4 CITY OF VIRGINIA BEACH u b._ _. . INTER-OFFICE CORRESPONDENCE o` er %;, In Reply Refer To Our File No. OF-9494 DATE: November 24, 2015 TO: Mark D. Stiles \ DEPT: City Attorney FROM: B. Kay Wilso 3v DEPT: City Attorney RE: Conditional Zoning Application; MGP Retail Consulting, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 8, 2015. I have reviewed the subject proffer agreement, dated August 17, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen MGP Retail Consulting, LLC, a Virginia corporation Mark IV Investments, Inc., a Virginia corporation Lloyd Tyrone Hines, an individual TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 17th day of August, 2015, by and between MGP RETAIL CONSULTING, LLC, a Virginia corporation, party of the first part, Grantor; MARK IV INVESTMENTS, INC., a Virginia corporation, party of the second part, Grantor; LLOYD TYRONE HINES, an individual of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 4.029 acres, which parcels designated Parcel 1, Parcel 2, Parcel 3, Parcel 4 and Parcel 5 in Exhibit "A" attached hereto and incorporated herein by this reference, along with the other parcels described in Exhibit "A" are hereinafter referred to as the"Property"; and WHEREAS, the individual of the third part is the owner of that parcel of property located in the Princess Anne District of the City of Virginia Beach, containing a total of approximately 0.747 acres, which parcel designated Parcel 6 in Exhibit "A" attached hereto and incorporated herein by this reference, along with the other parcels described in Exhibit "A" are hereinafter referred to as the "Property": and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from AG2 Agricultural District to Conditional B2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPIN: 24154227670000 24154236930000 24154226300000 24154234450000 24154255010000 Prepared by: Mark D. Williamson, Partner VSB #24171 McGuireWoods LLP World Trade Center 101 West Main Street, Suite 9000 Norfolk, VA 23510-1655 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, the exterior of the grocery store shown on the Concept Plan shall substantially adhere in appearance and materials to the six (6) exhibit entitled "East Elevation," "South Elevation," "West Elevation," "North Elevation," Untitled and Untitled dated October 24, 2014, prepared by Little and Associates, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. 2. As depicted on the Site Plan, entitled "Property Rezoning," dated June 24, 2015, prepared by Kimley-Horn, when the Property is developed, landscaping including berming shall be constructed along the street frontage. Included in the landscaping area shall be bioretention systems. 3. As depicted on the Concept Plan, when the Property is developed, right of way dedications shall be provided to extend Edison Road. Further, standard roadway improvements shall be installed within the new Edison Road right of way in accordance with the standards for public streets. 4. Storage of construction materials and staging areas used during construction shall be located on the site such that the line of sight to the adjacent business and signage is not obstructed from traffic travelling northbound on General Booth Boulevard. 5. An entrance shall be provided at the rear of the parcel (GPIN 24154248580000) at 1784 General Booth Boulevard to the north of the site to connect the existing outparcel service road for the shopping center parcel (GPIN 24155410780000) at 1650 General Booth Boulevard which is due north of the site, to tie into the extension of Edison Drive being constructed with this project, if the appropriate easements and other permissions necessary for construction are obtained. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG2 and B2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signature and seal: Grantor: Mark IV Invest, ts, Inc., a Virginia corporation By: - ) Stua ones .01 State of Virginia City of Virginia Beach, to-wit: rt The foregoing instrument was acknowledged before me this Zf0 day of Odohey , 2015, by Stuart Jones, of Mark IV Investments, Inc., a Virginia corporation, Grantor. Nota , Public MyCommission Expires: �ENNIF �',,, a �J 31 'l9 , ' , e Notary Registration Number: n1795Z75" :ko7ARyq. .o o: 96.6,0?p/pN0.• : S :� OF V1K'" , WITNESS the following signature and seal: Grantor: Lloyd Tyrone Hines, an individual By� _-SC _ (SEAL) Lloyd Tyrone Hines State of Virginia City of Virginia Beach, to-wit: The foregoing instrument was acknowledged before me this Li day of UC '• 2015, by Lloyd Tyrone Hines, an individual. My Commission Expires: /‘---3i - Zai% (/ t Notary Registration Number: 337 3 i`-( j III'}k� € ` , iii IINIIIIIII EXHIBIT"A" Tract 1: Parcel 1: All That certain lot, piece or parcel of land, situate, lying and being in Seaboard Magisterial District of Princess Anne County, Virginia, (now City of Virginia Beach), and more particularly described as follows; Beginning at a point wherein a pin is located on the dividing line of the property herein conveyed and the property of Johnny Land, distance 283.4 feet on a course S. 21 degrees 30'W. from the pin on the Southern line of a 20 foot road, and thence N. 65 degrees 34' W. to a pin; thence S. 62 degrees 30' W. 148.4 feet to a pin; thence S. 67 degrees 45' E. 224.4 feet (erroneously referenced as 224 feet in prior deed) to a pin; thence N. 21 degrees 30' E. 108.4 feet to a pin, the point of beginning, designated Plat being known as "A. Chester Reeves", and is incorporated in a Deed of Bargain and Sale recorded in the Clerk's Office in Deed Book 2628, page 1560. Parcel 2: All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "1.26289 AC.", as shown on that certain plat entitled "Plat of Property of Andre Evans, Trustee", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2459, Page 1961. Being a part of the same property conveyed to Mark IV Investments, Inc. a Virginia Corporation by Deed from Andre Evans, Trustee and Lawyers Title Realty Services, Inc., Substitution Trustee dated September 18, 1995, recorded December 14, 1995 in Deed Book 3567, page 2088 in the Clerk's Office of the Circuit Court of Virginia Beach City, Virginia. Tract 2: Parcel 1: All that certain lot, piece or parcel of land, with any improvements thereon, lying, situate and being In the City of Virginia Beach, Virginia, and bounded and described as follows: Beginning at a point on the southern side of a twenty (20)foot road, known as Edison Lane, and running thence s 21 degrees, 30' W, 511.3 feet; thence N 68 degrees, 30' W, 75.2 feet to a down beat; thence N 68 degrees, 30'W, 53.1 feet; thence N 21 degrees, 30' E, 500.5 feet to the southern side of the twenty (20) foot road; thence running along the southern side of the twenty (20)foot road S 68 degrees, 30' E, 127 8 feet to the point of beginning; and containing 1.5 acres more or less as shown on the plat of Gresham Village, made by W. B. Gallup, County Surveyor, dated September 20, 1941, and duly recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Va., in Map Book 22, at page 70. Parcel 2: All that certain lot, piece or parcel of land, with any improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known and designated as "Parcel 'C Area = 0 .348 Acre' on that certain plat entitled "Survey of Leroy R Widgeon Property(Map Book 88, Page 17) for Cannon Properties Princess Anne Borough-Virginia Beach Virginia' dated April 1978, made by Marsh and Basgier, Inc., P.C., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Va. In Map Book 126, at Page 43; but excluding that portion of Edison Lane designated "Area = 0. 130 Acre." Being the same property conveyed to Mark IV Investments, Inc. a Virginia Corporation by Deed from Dam Neck Properties LLLP dated August 23, 2012, recorded August 29, 2012 in Instrument No. 20120829000988890 in the Clerk's Office of the Circuit Court of Virginia Beach City, Virginia. Tract 3: All that certain lot, piece or parcel of land situated and lying in Gresham Village, Seaboard Magisterial District, Princess Anne County, Virginia (now Virginia Beach) and bounded and described as follows: BEGINNING at a pipe in oak stump in the southwest corner of land hereby described, in the line of the property formerly Dennis Woodhouse and running thence along the Woodhouse line N 62 30E 323.4 feet to a gum; thence N 22 E 219.12 feet to an Axle; thence N 47 E 64 feet to a gum on a 20 foot road; thence S 68 30 E 97.58 feet to the property Johnny Land; thence N 21 30 E 500.5 feet along said Johnny Land's line to the property of Etheridge; thence N 66 W 213.4 feet to an axle in a gum stump; thence N 70 30 W 136 feet to the point of beginning as shown on the plat entitled "Gresham Village" located in Darn Neck-Princess Anne County, Virginia, recorded in Map Book 22, at Page 70. LESS AND EXCEPT: That portion of the above described property conveyed to Chester Reeves et ux by Deed dated September 2, 1954 and duly recorded in Deed Book 3 79, at Page 102. AND That portion of the above described property conveyed to Bennie Ward et ux by Deed dated October 13, 1959 and duly recorded in Deed Book 606, page 422. Being the same property conveyed to Mark IV Investments, Inc. a Virginia Corporation by Deed from Best Investments, Inc. dated March 17, 2014, recorded March 30, 2014 in Instrument No. 20140320000235890 in the Clerk's Office of the Circuit Court of Virginia Beach City, Virginia. All that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying and being in the Seaboard Magisterial District of Princess Anne County, now the City of Virginia Beach, Virginia, and being known, numbered and designated as Site 'B', as shown on that certain plat July 29, 1953, and entitled "Property of Russell Ward located near Dam Neck in Princess Anne County, Virginia," which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, Deed Book 379 at Page 104. Being the same property conveyed to Lloyd Tyrone Hines by Deed from Bennie Ward dated June 9, 2007, recorded June 9, 2010, in Instrument No. 20100609000565830 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. V T- N ti 4Qix _De o o •te 0 O(NJ Fera w 1 M .....-......".....A"."%ej"---""----.....v i 1 0 b.."...."'"...."""... b •••••-_ . Ai 4,, .1": • ‘:co 0 - • ! _�- _-- - 1� N CL co _ -N- - I • N —, �. • N % 4 i� Q CS ll� .` i . ‘ pae,�a F- (.9 U oNq TiO /eia4 T o a 110;'N o -- ci To k,''' , 1" (4-7., ‘ 'c''' 5 ^ qt N co CL. �f 4 N - -_ N Of 1 M 0 fo V Q ` M ,o1 . \ I ) 4 Z• /\ �3a Na Z / �-� r 0 ' — - W o z 'NS'b. A CL -- 85 Item—VI-J.6 PLANNING ITEM#65538 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of RICHARD W. BOUCHER TM EXCELLENCE PROFESSIONAL PAINT SERVICE and GHS II, LLC,for a Conditional Use Permit re: auto repair at 3413 Chandler Creek Road, Suites 120 and 121 DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RICHARD W. BOUCHER T/A EXCELLENCE PROFESSIONAL PAINT SERVICE and GHS II, LLC,for a Conditional Use Permit re: auto repair at 3413 Chandler Creek Road, Suites 120 and 121 (GPIN 1495047961) DISTRICT 3 — ROSE HALL The following conditions shall be required: 1. No tires, merchandise or parts for sale"shall be displayed outside. 2. All auto repairs must take place inside the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. The outside storage of equipment, tires,parts or materials shall be prohibited. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping on the side, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 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 Eighth day of December. Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert Al. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. • Council Members Absent: Nmre December 8, 2015 axQ h City of Vii- inia I ;each i : s S kCrtistIrsew p4 °F- OUR NPlla'% .Co111 WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9006 (757)6654561 FAX 1757)365-5699 wsessoms©vbgov corn In Reply Refer to 0056778 December 8,2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Richard W. Boucher t/a Excellence Professional Paint Service for a conditional use permit for property owned by GHS II, Inc. and located at 3413 Chandler Creek Road. Suites 120 and 121. 2. I have a personal interest in TowneBank, which is located at 600 22iid Street in Virginia Beach. 3. The property owner has identified TowneBank as a financial services provider with respect to the subject property, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- December 8,2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely. WvN( 1 William DDD Sessoms Mayor WDS/RRI 86 Item—VI-J.7 PLANNING ITEM#65539 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of KEVIN JAMISON and MISSION ENTERPRISES, LLC, for a Conditional Use Permit re: eating and drinking establishment at 501 Virginia Beach Boulevard DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KEVIN JAMISON and MISSION ENTERPRISES, LLC, for a Conditional Use Permit re: eating and drinking establishment at 501 Virginia Beach Boulevard (GPIN 2427063654)DISTRICT 6—BEACH The following conditions shall he required: 1. This Conditional Use Permit shall apply to the unit located in the Northeast corner of the existing building. 2. Operation of the eating and drinking establishment shall not take place between 12:00 A.M. (midnight) and 7:OOA.M 3. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. This Ordinance shall be effective in accordance with Section 10709 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of December, Two Thousand Fifteen. Voting: 1I-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer; Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 87 Item—VI-J.8 PLANNING ITEM#65540 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of RADMAN RADIOLOGICAL CORP. and JOHN MOLLER, for a Conditional Use Permit re: home occupation at 2353 Fenwick Way DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BADMAN RADIOLOGICAL CORP. and JOHN MOLLER, for a Conditional Use Permit re: home occupation at 2353 Fenwick Way (GPIN 2404140680) DISTRICT 7 — PRINCESS ANNE The following conditions shall he required: I. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (I) square foot in area, shall not be internally illuminated and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than twenty (20)percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of the activity. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. Deliveries and shipments related to the home occupation shall be limited to only those that do not require the use of a tractor-trailer. 5. The home occupation shall be conducted on the premises which is the bona fide residence of the principal practitioner. 6. There shall be no sales to the general public of products or merchandise from the home. 7. No more than one (1)person other than a member of the immediate family occupying the home shall be employed and working out of the home. This Ordinance shall be effective in accordance with Section 107(/)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of December, Two Thousand Fifteen. December 8, 2015 88 Item—VI-J.8 PLANNING ITEM#65540 (Continued) Voting: 11-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 89 Item—VI-J.9 PLANNING ITEM#65541 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of RNR OF VIRGINIA and RANDOLPH A. RAU TRUST,for a Conditional Use Permit re: auto repair at 623 First Colonial Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RNR OF VIRGINIA and RANDOLPH A. RAU TRUST,for a Conditional Use Permit re: auto repair at 623 First Colonial Road(GPIN 240778 7385)DISTRICT 6—BEACH The following conditions shall be required: 1. This Use Permit is temporary and shall be valid for no more than ten (10)consecutive years following the date of City Council approval. After said duration of time, per Section 221(k), the Zoning Administrator may extend the Conditional Use Permit administratively. 2. The site shall be improved substantially as shown on the submitted Site Plan titled, "RNR TIRE EXPRESS, CONCEPT LAYOUT PLAN 02." as prepared by American Engineering and dated, September 2, 2015. Said site improvements shall be made at the time the right-of-way improvements associated with CIP 2-030 and CIP 2-156 are made to First Colonial Road. Should First Colonial Road improvement be delayed, prior to extending this Conditional Use Permit beyond the duration of ten (10)years, the parking between the front building facade and First Colonial Road shall he removed. 3. Per Section 224 of the City Zoning Ordinance, all storage of parts and repair work are to be conducted within the automobile repair garage structure. There shall be no outside storage of parts or outside repair permitted. 4. Per Section 224 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 5. The existing vegetation to the North of the building shall remain or he replaced with Category I landscaping. The site shall be improved to meet the minimum foundation landscaping requirements. 6 All signage shall conform to the applicable current standards of the City Zoning Ordinance. 7. The applicant shall work with the adjacent church to the South to retain the existing shared access aisle as long as possible. Accordingly, the shared access aisle shall not be removed prior to the aforementioned right-of-way improvements planned for First Colonial Road. 8. Tires shall not be installed between the hours of 9:00 A.M. and 1:00 P.M on Sundays. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighth day of December, Two Thousand Fifteen. December 8, 2015 90 Item—111-1.9 PLANNING ITEM#65541 (Continued) Voting: 11-0 Council Members Voting Aye: AL Benjamin Davenport, Robert Al Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 91 ITEM VI-K APPOINTMENTS ITEM#65542 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD-CSB HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert Al. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None December 8, 2015 92 Item -VI-N ADJOURNMENT ITEM#65543 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 7:44 P.M. Amanda Finley-Barnes, CML' Chief Deputy City Clerk R Hodges Fraser,MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia December 8, 2015