No preview available
HomeMy WebLinkAboutJUNE 7, 2016 MINUTES Oii,, ltlOK i. It U; '4 .,^fly 4:14-'e °a4, oy� a0 L°'`. . �o VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 7, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the Hampton Roads Sanitation District(HRSD) in the City Council Conference Room, Tuesday, June7, 2016, 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 2 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 3:30P.M. Mayor Sessoms welcomed Ted Henifin, General Manager—Hampton Roads Sanitation District (HRSD). Mr. Henifin expressed his appreciation to City Council for their continued support: •J= Sustainable Water Recycling An integrated solution to the water issues challenging Hampton Roads and the Commonwealth of Virginia Mr. Henifin advised the water issues challenging Virginia and Hampton Roads are provided below: Water Issues Challenging Virginia and Hampton Roads • Restoration of the Chesapeake Bay - Harmful Algal Blooms - Localized bacteria impairments - Urban stormwater retrofits(cost and complexity) • Adaptation to sea level rise - Recurrent flooding • Depletion of groundwater resources - Including protection from saltwater contamination • Wet weather sewer overflows - Compliance with Federal enforcement action June 7, 2016 3 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) The current state of the wastewater in Hampton Roads is provided in the graph below: Current state of wastewater in Hampton Roads HrZS� SURFACE WATER 80% y HRSD costs are rising to treat water to higher standards. Treated water GROUND WATER 2014 currently discharged to area AQINE waterways — no beneficial use. There is a tremendous amount of regulatory uncertainty regarding wastewater: Regulatory uncertainty • Wastewater permits have 5 year terms • New regulations can require extensive investment in new treatment processes • Always concerned about the next issue on the horizon — Viruses — Pharmaceutical products — Further nutrient reductions • Technology to detect advancing much faster than technology to remove June 7, 2016 4 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Below are the Nutrient reductions HRSD has had to incur at their treatment plants: Nutrient reductions Nensemond Jaes River 7.000.000 Completed Comynpleted 8.000.000 Army Base 8,000.000 lbs TN 2011 WLA Completed VIP 5,000,000 Completed t ` 2lbs TN 2017017 WLAWLA 0-4.000.000 3.400,000 lbs TN 2022 WIA i 3000.000 Chesapeake- �• Elizabeth Offline I 2,000,000 1,600,000 lbs TN ,.__. .......-... _ .. ....._.. EPA Backstop 1 000,000. 0 2011 2012 2013 2014 2015 2016 2017 2018 2010 2020 2021 2022 2023 James River Baan Tolal!Orogen-2011 WlA-2017 WLA-Pretested 2022 WLA EPA Backstop James River Basin—TN u WLA—Nutrient Waste Load Allocation in lbs/yr !FA . M0 Below is the proposed cycle of sustainable water recycling: Proposed cycle of sustainable water recycling • HRSD's concept - Awn d replenish the aquifer wi • Treatnwet clean water to: — Provide regulatory stability for wastewater treatment — Reduce nutrient discharges I to the Bay — Reduce the rate of land POWER subsidence — Provide a sustainable supply of groundwater — Protect the groundwater from saltwater contamination June 7, 2016 5 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Chesapeake uses Aquifer Replenishment to produce drinking water: Advanced water treatment to produce DRINKING WATER Advanvod WM • Advanced treatment used TQM throughout world, many =J locations in USA and even in Virginia to produce water that exceeds drinking water standards — Upper Occoquan Service t Authority/Fairfax Water ACllRtER — Loudoun Water • Aquifer replenishment also done in many places including Virginia — City of Chesapeake Aquifer Storage and Recovery system—over 2.8 billion gallons pumped to date Water Issues Challenging Virginia and Hampton Roads • Restoration of the Chesapeake Bay — Harmful Algal Blooms — Localized bacteria impairments — Urban stormwater retrofits (cost and complexity) June 7, 2016 6 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Below is the impact on nutrient reductions: Impact on nutrient reductions Nanaemond James River 000,000 Completed Completed °'000 000 Army Base 6,000,000 lbs TN Completed VIP 2011 WLA Completed 5.000,000 4,400.000 lbs TN 2 2017 WLA 4.000000 p 3,400000 lbs TN 2022 WLA i 3.000,000 r Chaaapeake- Elizabeth Offline 2,000,000 ... .. ... _ ... _.:_ _...... EPA BackstsTN EPA Back¢bp 1.000,000 SWR Projected TN 0 2011 2012 2013 2014 2015 2018 2017 2018 2010 2020 2021 2022 2023 James River Basin Total Nitrogen-2011 WLA —2017 WLA —Projected 2022 WLA EPA Backstop SWR Projected James River Basin—TN Similar results with TP and TSS and in other river basins. WLA—Nutrient Waste Load Allocation in lbs/yr 1 1 Below is the potential to offset stormwater reductions: Potential to offset stormwater reductions HRSD HRSD Post Available for Stormwater Bay TMDL SWRI Loads other needs Reduction Allocations (2030) Needs' Nitrogen James 3,400,000 500,000 2,900,000 63,039 York 275,927 25,000 250,927 19,114 Phosphorus James 300,009 50,000 250,009 13,088 York 18,395 2,000 16,395 3,887 Sediment James 14,000,000 700,000 13,300,000 5,269,142 York 1,400,000 98,000 1,302,000 1,413,762 *DEO Regulated Sloinlwate,w/o tedelal lands to June 7, 2016 7 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Water Issues Challenging Virginia and Hampton Roads • Adaptation to sea level rise — Recurrent flooding 50%of Sea Level Rise is due to land sinking: Land subsidence—we are sinking • According to USGS — Up to 50%of sea-level rise may be due to land subsidence •� '.'� Up to 50%of land • ,, subsidence may be w due to aquifer ()„•, ''r`m compaction / HAMPTON W .. _ LARGEST ROADS PThTO CUB AIPoSA June 7, 2016 8 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Evidence of groundwater impacts on subsidence is identified below: Evidence of groundwater impacts on subsidence 2002 USGS found ground level rose 32 mm between 2002 and 2015 coinciding with reduced groundwater withdrawal by Franklin paper mill. 2015 :ter 0, Z.USGS13 Water Issues Challenging Virginia and Hampton Roads • Depletion of groundwater resources — Including protection from saltwater contamination June 7, 2016 9 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) The groundwater depletion has been rapid. In about 100 years, the Artesian Well noted below went from 31 feet above Sea Level to over 200 feet below Sea Level: Groundwater depletion has been rapid I'ygQ¢{{, ,c 1927 1 7 1932 $� 1933 +.{ •. .. r 1939 V 0,44 1935 1 Artesian wells in early 1900s— 937 • groundwater _ wells required valves not pumps' • In about 100 years have gone from water levels at 31 feet above sea level to 200±feet below Unsustainable Aquifer Withdrawals • Over-allocated permitted c tea ,, 2014 R•poMd UN Condltlon• withdrawal , - Water levels falling several feet/yr *.c • 177 permits = 147.3 MGD - Currently withdrawing approximately 115 mgd • 200,000 unpermitted -=- "domestic°wells - Estimated to be withdrawing " approx. 40 mgd growing at 1 - mgd per year June 7, 2016 10 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Potomac Aquifer water levels before and after SWRI Simulated Potentiom•trk Contours 1 Simulated Potentkmaric Contours Potomac Aquifer Potomac Aquifer 60 Year Term-BASEUNE Year Ter 60m-All In Walk 3 —�� 1.. rte' a 44 V--.1.-- - ' iffit; - —4.— ,, - ,.., * p. e .,s.. ,3` tea..... • :::: 3rd '' _ r 17 Water Issues Challenging Virginia and Hampton Roads • Wet weather sewer overflows — Compliance with Federal enforcement action June 7, 2016 11 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) HRSD took over responsibility of Wet Weather Flows: Sewer Overflows 180 11 1 I : 100• . / 2000 2005 2010 • Consent Decree • HRSD responsible for regional wet weather flows • Region loses less than 0.015% in a bad Hr�S� HRSD is on the hook from Federal Government Standards to reduce sewer overflows: Sewer Overflows • No chronic locations • No data to support episodic SSOs contribute to local water bacteria impairment • Recent success with more focused efforts — Wet weather and dry weather monitoring — Source tracking"hot spots' — Coordinating field work with locality • Overflows not eliminated with Regional Wet Weather Plan when weather event generates flows above designed service level 1 Hr—'i5� June 7, 2016 12 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Below are the significant benefits of Surface Water Routing: Conclusion-SWRI Summary of Benefits • Regulatory stability for treatment processes • Significantly reduced discharge into the Chesapeake Bay(only during wet weather) — 90%reduction of HRSD discharges into James,York and Elizabeth Rivers — Creates source of nutrient allocation to support other needs(STORMWATER) • Potential reduction in the rate of land subsidence • Sustainable source for groundwater replenishment • Protection of groundwater from saltwater contamination 21 Below is the cost summary of the project: Cost Summary • Total project in the $1 billion range (120 mgd) — For 7 plants(not Ches-Liz or Atlantic) • Annual operating costs $21 -$43 M • Can only be achieved if EPA allows enough flexibility to integrate into wet weather work — Cannot afford to add SWRI into existing plan without significant rate increases and potential downgrade — Approximately 50%of HRSD$4.4B CIP will be dedicated to wet weather • Not most important water quality issue • Plan would be to accomplish critical wet weather issues and SWRI in early years and delay remaining wet weather work 22 11-1D? June 7, 2016 13 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Below are the reasons HRSD is recommending this project: Why now? • Consent Decree requires plan submittal with schedule to EPA October 2017 — Lose financial ability to pursue water recycling project until 2037 at earliest • Bay TMDL deadline is 2025 — Will require more significant investments in nutrient and sediment removal without water recycling project — HRSD is backstop if Agriculture and Stormwater come up short • Groundwater scarcity will continue to get worse — Will force development of additional water supplies by local governments — Chills development in eastern Virginia — Potential loss of water dependent industries • Next regulation(viruses,emerging contaminants,???) will require plant upgrades 23 Below is the timeline for the project: Timeline • Complete next phase of study with consultant by end of 2016 • Room scale pilot projects—operating in June 2016 • 2018 trG — Demonstration pilot(2 year study) • 2020 — EPA/DEQ/VDH formally approves ,'. Certificate to Construct for SWR • 2020 to 2030 — Construction through phased implementation • 2030 Fully operational — 120 MGD of clean water put into the aquifer 22 June 7, 2016 14 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Key actions in 2017 • 2017 — Public outreach — Endorsement from Hampton Roads localities — Endorsement from DEQ/VDH to move forward — Groundwater Committee recommends recharge project — EPA agrees to integrated plan to meet Consent Decree requirements — Phase 3 WIP includes this project to achieve TMDL goals In the news --- pilot R /�11 i ;I I 1 Can your sinks and toilets light ' - 1 sea-level rise? J -; f , ro . I ` ■wig! ..":i"*" _ .... June 7, 2016 15 CITY COUNCIL'S BRIEFING HAMPTON ROADS SANITATION DISTRICT(HRSD) GROUNDWATER INJECTOR PROPOSAL ITEM#66005 (Continued) Questions? Future generations will inherit clean waterways and be able to keep them clean. thenifin@hrsd.corn http://www.hrsd.com/SWR.shtml 2! HRS Mayor Sessoms thanked Mr. Henifin for this informative presentation. June 7, 2016 16 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 3:52 P.M. Mayor Sessoms welcomed John Fowler, Public Works. Mr. Fowler expressed his appreciation to City Council for their continued support: \4rrginia Beach Water Quality RegulatoryrPrograms and Our Citywide EPA / DEQ Stormwater Permit Public Works ngineering City ounoii Briefing - ; June 7,2016 The City implemented the Virginia Stormwater Management Program last year; however, the Stormwater Permitting has greater implications than the Stormwater Management Program. This permit requires the City to know, track and manage every possible source of surface water pollution in the City: Briefing Topics • Introduction: Regulatory Overview • Elements of the MS4 Program Plan • Preliminary Cost Estimate of the MS4 Program • Summary 2 June 7, 2016 17 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) Regulat `., Overview t i T at,* n •- s;; .4 . $tater� } f • T4to?' abet soup of - ron si e' nth therogra = ., •' ' „44 {as I+ 1A14;*: '• 6 r ,a, Below are the important points in understanding and managing the regulations: Regulatory Overview • Understanding & Managing the Regulations —What are they trying to accomplish? • Reduce pollution in stormwater • Improve and preserve the water quality of our lakes,streams,and estuaries —What do they require? • Varies from regulation to regulation • From technical requirements to land use practices So full programs —Who do they regulate? • Those Undertaking land developmenticonsVaohon projects • The City ltseif -,44;,, : 4 June 7, 2016 18 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) Virginia Erosion and Sediment Control(E&S) is one of the most well-known programs regulating land development projects: Regulatory Overview 9VAC25-840 • 1w. 41, VityOnidt trasion and SedimentfiControl (E&S) • Prevent sediment silting In our ' Cions.d 3 d} rant a* ter•, during S.Y £ t rOjede Virginia Stormwater Management Program (VSMP) Regulations control the Stormwater Management facilities that must be built and left in place for land development: • Regulatory Overview 9VAC25-870 6 .1 .1 : 4-7:of Virginia Stormwater Management Program Regulations(VSkolP)...: rr • Reduce stormwater associated with diaelopment • Technical req ':. �4 -to control. • ; lily and quantity • Fav to projects • 6 June 7, 2016 19 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The Chesapeake Bay Preservation Act (CBPA) establishes buffer areas adjacent to the shorelines and tributaries to the Bay: Reg ula o' ,., 1!)!‘f A 9VAC25-830 §62.1-44.15:67-79 of A •• r= ' -Bay Preservati A A. � L.,,,,,,..2,..,„.„•,.... r , , :ra. .Q ;;� Protect the ata,r ,'I, cif the . •,•„,•,,,,-1,,,, -K ay and it's tr • LaR a f,4-',1,414' ..Td+� t fs t.....- 4: - y .. 5 ¢ Y A - � ,3'-'4,';'-!:,.. , .. '' .r.M' tet r8a ]. Regulatory Overview ini i rosionMand 4v. Virginia S rr watei a Ce Bay m Ma` ent Pro >: Pr Act ( , �l)k, I,',, . dations(VSMP) Aj .,„, r� 1' „,..„.. ,4, . , , . ... .,::. , I',, . .0. ; '''''. sI .., t`''t }om ,.i F { s$� t '. " y " r � r ..,..:-:;4-4::,.., Hr i June 7, 2016 20 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The Total Maximum Daily Load (TMDL) is a `pollution diet" that identifies the maximum amount of a pollutant a waterway can receive and still meet applicable water quality standards. A TMDL is the sum of waste load allocations for point sources, load allocations for nonpoint sources and a margin of safety to account for uncertainty: #' Regulatoryoverview T° Ma' -4 e ''''• *action , ad:Wa Act?-.W y 4, impaired I e �• �{{ p�t .i ants based on use igh < and r T - pollYiltn diet for arifpollutant calm t ,,° '. $ 'I• cifies the actions • 4t e , f . !,,.,*'.,,,,,;1.:.1. ',,,:r I - ,,,-- ' 4/1 1,. .1. , • i r �, a,mmvw.v,.,w— -, -m Y '-,1* � • The City has eighteen (18) impaired waterways and seven (7) TMDLs approved by EPA: Regulatory Overview TMDLs for Local Waters 4 • 18 Impaired local V '\ ` waterways in Virginia - t. lipt a"nb..G.n.:OC " Beach • 7 TMDLs have been issued • Action Plans for all are required within 2 years \, i `w • City is responsible _ .mnw«.w.w.n.a h. lQ June 7, 2016 21 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The EPA developed the Chesapeake Bay TMDL. Virginia has developed both the Phase I and Phase II Watershed Implementation Plans: Regulatory Overview Cheeike, ay TMDL CN,wwntry wrwe A'„ • US EPA itself developed the Bay TMDL • Pollution reductions of phosphorus, nitrogen,and sediment required • Each of the six Bay stated has a Watershed ImplementationPlan(WIP) f, • Each jurisdiction in Virginia is a part of the state WIP • City is required to mpleiihent its part of the WIP flfirougty developed Action ran 11 When regulations are put together, this is a very comprehensive regulatory overview program addressing surfacewater: Regulatory Overview • ESS -VSMP -CBPA — Pertain primarily to public and private land developmenticonstruction activities — Primary focus is on Stormwater Management(E&$swirl VSMP) and resource preservation(CBPA) • Local TMDLs and Chesapeake Bay TMDL — Directly regulate the City independent of construction activities — Primary focus is the quality of state and federal water bodies r 12 June 7, 2016 22 CITYMANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) Section 402 of the Clean Water Act is also a part of the regulatory program: Regulat %Qvervre�w ,,.„--, -;‘,„0,„4,14_ .::,.:v.,..,: .,,,, , .. But On -...''..':',....:-,711.,..7-7.1.a.:,.' There's .e 49Z f the Cle` n at ct . , , . .„:„.:.,,-, rp � i ion i Mutant Discharge it .. ' ;.'..1* *P „„ r p m , USED ST T f A . ' s tofAil �^ '� !+y tegulatory.,.„--,.' 4-,i,',1•7;,:\\,44-tt' ;. ''4.'z;;;,-- '..,:-::.47:!°', ..,,-'::/,i.‘'="...,:;',.,...:',"'C''''''' -; F, * 1972 ,• ; OES Permit P gram . 4 =J gilt�eal f ork�x h " s E [!bons Jom Earth Day Observances Across the Nation m 'iii! t"r i ,-,,,7;..,:,-'','7., M `er fi 'mv e.i�e m n rnne�vrc,e z < x :1,,,;,-..7.,.".... June 7, 2016 23 R' I WATER QUALITYCITYMANAGEREG#U6LS RYEFINGSRAMSPROG ITEM#66006BR (Continued) The EPA and DEQ are active partners in the administration and enforcement of the National Pollutant Discharge Elimination System (NPDES) Permit. This Permit requires the City to know, track and manage every possible source of surface water pollution in the City: Regulatory Overview. DEQ Administerl:a• Virginia w h EPA overs ( R , � '�--- e r , " , - in phes .of negotig •k a '- . 4 r ', - , x °'' expanded re e �,' ▪ • • �� r '.....,;'441-.)',,,, r ▪ 'fir " P •11 x.r t . �a .xx+ Y $ •.Ak'Y Mr. Fowler introduced Melanie Coffey and advised she will provide information for the remainder of the presentation: Starmwater Regulatory Overview VPDES MS4 Permit ry�Yr 4 1� r: Virginia Stormwater Water Quality Management Program TMDLs s" itiz„:t .„ ani Erosion& 4 Chesapeake Bay Sediment Control Preservation Act 1VP,', :.,,,,, ^ ,, Law f / , "4,', June 7, 2016 24 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The EPA and DEQ conduct an audit to measure the City's program performance. The fines can be up to $32,500 per day per occurrence. Below are some recent audit examples and resulting penalties in Virginia: Cost of Non-Compliance Examples of MS4 Violations VDOT • Felled to Identify known outfalls and no system map update • Felled to send Illicit discharg.ropetta • hgpected 11 active construstion'sites that all had violatia • No record of EMAP inspections • Good housekespi nO at 94haintenance yards t • $fit! m r $36,000 In penalty,and prep,and Implement a Newport News • fabled to monitor and controlstormwater discharges from facilities and midetemalca yards • Failed to reduce aolkdant didelaryes from t$4 system • $115,000 penalty and Consent Order Chesterfield Cgurilty • Felled to kaplerM nt and maingfn BMPs , ' • Felled to operate in aotordipa with the County's Emden and,adhianSCQntrol Ordnance • $131,000 panelpf and Consent Order !u. Heroico County,;_. • PAW to nunsp efy : kA • Filled i • $164,300 penalty and n DEQ has included this statement in the City's Permit: MS4 Program ra pliance The faire'ipro ad . = .ran 4. `f indin9, t equipment ,i .. ance Shall „t acceptable exp; na ion for fere tp meet prfnit conditia , 1 ..kiot. r R 't ' .- 0 so June 7, 2016 25 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) Permit Compliance is the#1 goal. This will protect the environment and water quality protects the City: Program Goals Permit Compliance#1 Goal • Promote a Quality Physical . Environment by improving water quality • Sustainability Goal 15: We will achieve and maintain high water quality to ensure public health, protection and propagation Of aquatic life, r t tir r and recreation in and on the water. • Envision 2040:Unique Environment xra} 19 Stormwater Permitting • Regulatory Overview • Elements of the MS4 Program • Preliminary Cost Estimate of the MS4 Program • Summary 20 June 7, 2016 26 CITYMANAGER' BRIEFINGS WATER QUALITYREGULATORYPROGRAMSS ITEM#66006 (Continued) Below are the five (5)elements of the MS4 Program: 4 ,Elements of the MS4 Program k " Program .', Administration t. and Reporting °�• Stormwater Operational Pollution Requirements Reduction MS4 . !::'11.7%:1!,,,,::1,::.,,,'‘i Program .4404 1 . '111'. ,V Infrastructure Public .a Data Outreach and V . V • d Management Education }w �� It is important to keep in mind this is not just a Public Works Permit but is actually a Citywide Permit. This involves many departments and divisions to support compliance. Public Works will be the lead agency for compliance coordination and implementation: Elem Departentsofmentthe InvolvementMS4 Program 2 3 9oO C A C yiC o ` R E 2FmEl = c £ 3E15 -m 'Department rn. °a m : 11 o?d `a c a owaQ oCOU) Pubftc Works ✓ ✓ ` . 1if OfPublic Utilities Vi 1 Planning I ✓ Parks& Recreation ✓ ✓ ✓ ✓ Schools ./ 1 Fire City Morn" si Com IT of I 22 June 7, 2016 27 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) There are many components to the Program administration and reporting. This includes coordination items related to the implementation of the Program, reporting, training and management of City property: Program Administration and Reporting II VSMP Program Compliance S Po .o 0 ogram AdministraPrtion A and Reporting Existing Program Element 44,1,, 23 The City has formed an implementation team to engage all the supporting departments in the development of the MS4 Program Plan. The Permit requires that reliance for implementation be documented as part of the Program Plan and roles and responsibilities be clearly defined. The Program Plan will be developed over the next year and approved by DEQ. The City's Training Program will be the foundation for a strong Compliance Program: Program Administration.and Reporting • Develop MS4 Progra . 4� • Memorandums ot,Agreement'Will betip between_ q s to c define rote and reso' es • Appr d blit EQ t Dev$lo a TrainingProgram Plan Il 4ticharges Goad Housekeeping ' se e Ii . for olk n� - i June 7, 2016 28 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The Permit requires extensive annual reporting and coordination between departments and divisions. Some of the data is managed in existing databases while other data is not currently being collected or tracked. The City will be working together over the next year to evaluate the existing data and develop a Data Management Plan: Program Administration and Reporting Extensive Annual Reporting • sto m atter Management: • City Faciliti :, - F,gso,Plawag - Good Hos +, - Vte, di - Hid,P y�� el+ - Ro.dway wnM 9ustltymab.ant Fadab. '•. - P.otldd.Herbicide,adP8n4terApptlauon data Industrial PrmlMng and SWPPP Phperallon) - bbgrabdPaatlarapehimiPlarlsWa • Public Educatioft'and Pareclpation: • Micit Discharge and ImproperDisposal: - List ofPubddc O*and,$nd IM.. M - Sanitary Sewer 4806008 data - Summery of V.bmtaryRtl pdnala WoP•rtY - FloetaWPlgler sdu4ar lsogrsm Aute - Summary of VotuntrySEA*ate'Management - Household waste dapoael program data T.dmquse 7 - py"II"'.. • • and monlbnng . Staff Training: - aPa Pwwsntlona811 bm wads - "°° SGood MouarrF.egag y - bbonT on Plan Trolling for - IndnMdo led tW%,1,4loweedon end MANAIbaIFaalNye� - IIIldtpschamal diMira:a. • Stortnwatx kfi7e' W* 01188t teat Aswdw tnlw:. dildra.aA►�, _ 1Mrib r ,•d to vraro atwemt aeelreotlm aM 18.888 dm8a .s� Tx, an c.oo.*ol mcslbNgdata 25 .,;ec DEQ requires the City to know the operational activities occurring at each facility and to develop a City Facility Management Program. This program will ensure the City is in compliance with any stormwater permit requirements, ensure operations are managed to prevent pollutants from entering the stormwater system to identify and provide the appropriate staff training. Program Administration and Reporting City Facility-M: - ..ement • City has about 300 fiallkict4 that need to evaluated iegar erations i Good Hou • c on'�nt:Washing ve es" • ata y .'ity♦ rge to the stormwater , system` out , et, talent and a permit is ' # prohibited • High Pie it uniVip I F cigiestr High. otential of dischat9 ' ' t t ' • c thatace dassiifiedas'hip, — u# C e " PPP e ` +� " ' 111 ,r,":'14;;%, 7,4:, „ r :-- It'',,.' ,,,...;,,,.;;;;.7,4,,.„,,:„.„:, Ao June 7, 2016 29 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The next element is Stormwater Pollution Reduction. These are all new permit components to include the City's TMDL action planning and stormwater retrofit projects. This part of the program is focused on the development that occurred prior to those regulations going into effect: ''' Stormwater Pollution Reduction , -nts 4004 ' =r, ,. ,h' #1410.._...oi 1 a r br 3 § aata ' y .: •,3 a Managem: and • „ " Ex�shng Program Element ducation ' *,34 `r • .,,AWA The Chesapeake Bay TMDL is a major component of the City's Permit. This TMDL was established in 2010 and is commonly referred to as a `pollution diet"for the Bay. This TMDL basically requires the City to construct projects to reduce the pollutants of concern: Stormwater Pollution Reduction Chesapeake Bay TMDL Action Planning • • On December 29,2010,US EPA established the Chesapeake Bay TMI71 • The TMDL is a"Pollution Diet"to restore clean water in the Chesapeake Bay • Pollutants of Concern(POCs):nitrogen(N), phosphorus(P),and sedhnent(T$S) Permit Process: Develop and Implement improvements over 3 permit terms or 3 Phases of Action • Phase I•Achieve 5%of the total required reductions • Phase II=Achieve 56%of the total required reductions • Phase Ill=Achieve 80%0 the total regtiftud, ,:.... 28 June 7, 2016 30 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORYPROGRAMS IT (ConEMtinued)#66006 Below is an overview of the Stormwater Pollution Reduction regarding the Chesapeake Bay TMDL Action Planning: • water Pollution Redtuctior Ch " 'peaky °"�° ranntg 4601i f • as r m ", ent f, toads for the PACs ?- ngei •, '4-20%) ; e h;tv � ars 4,..d . ;� Plam Level �' Estimated Total Reductions V at '44124111* • Planning Level p-6000 lbs ' '"44 ,Tk 4 CO St N=30000 lbs ` r i TSS 2,500000lbs 441 S ‘i% 16r/f4iif tormwater Pollution Local TMDLs by WatershedReduction Develop Local TMDL Action Planswlthhi 2Yon -411' Tail city has 18!Waked ' with Theta siLk '1ADLs for Bacteria and Pmt .191 �� DEQs Nonpoint Source Pollution Management Program includes: • Perform water quality monitoring • Assess water qualitystaedards for swimming and fishing ...�.� • Identify streams that are knpairedI • Developbtalmaximum lyttr«ds'er 30 June 7, 2016 31 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The Permit requires the City construct at least five (5) retrofit projects. The City's strategy is to leverage projects that meet multiple objectives, especially with Chesapeake Bay TMDL compliance goals. Several retrofit projects have already been completed that can be used towards compliance with the Chesapeake Bay TMDL: Stormwater Pollution Reduction Stormwater Management and Retrofit Projects • Complete 5 retrofit projects within w ; the first permit term. • Plan projects to multiple objectives to add Mr ! bodies with luued lMbLs • Completed retrofit projects: - Alanton Elementary(2.4 bs P) Mp Dem Cl�ek Strum Retanllon-* # - Lynnhaven Md)le(3.5las P) - Bow creairEtwaft'exparieion (39 lbs P) .` - Theta Creel r t . . s . P) eionstention Mu Haan t itW 4 _ t�.»r. 31 Rrrlotafion(8o��-�� .1 Ilt The City is required to identify potential planned projects within the first year of the Permit. The City's strategy is to identify projects with the largest phosphorus removal and with the lowest cost per pound of phosphorus removal: Stormwater Pollution Reduction Stormwater Management and Retrofit Projects • Identify Potential Planned Projects within first year c - • Strategy:Identify projects with 1/hugest and lowesper pound of 7 •*removal phosphorus removal . rl - (t Kemps Lake Retrofit - Chatham Hee Pond Retrofit (75 lb!P) - Pembroke Lakes Retrofit (4 30 tbs P) 32 June 7, 2016 32 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The Operational Requirements of the Permit are the most extensive including both inspections and monitoring components: Operational Requirements Program .,�ar Administration nd Reporting Stormwatei 1- Intrash ucfure Maintenance / ' Program Spill Prevention Inspections1( Monitoring and 1 Respo Progranmse d ,,.. ... 0 Sancta Sewer Inspection ProgPublic rata Outreach an. nagement �* Education Existing Program Element `tl A 33 The Permit requires that the City perform inspections of all City owned or maintained Stormwater Management Facilities (SWMF) every year and perform any needed maintenance. The City must also inspect at least 15%of the collection system each year and perform any needed maintenance: Operational Requirements - Inspections Stormwater Infraotructu,,z ni pection and . r All City etp, ei and,o at4tiwMPs / 1n inspected Ily frf ' Adequately maintain e';=ry City Owned and operated SWMF • aspect no less than 15% term �'.S � s t sewer system ann 44t s. ' it tes outfall 1 x ,t..* YF . 6fir,= x l'''''''";t?"" June 7, 2016 33 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) In addition to the public assets, the City must inspect private SWMFs once every 5 years. The City will have to evaluate all of the SWMF assets and determine which of those have and do not have maintenance agreements. We will also need to develop programs to enforce the needed maintenance is performed for the privately owned SWMFs. The program has been expanded to include residential lot SWMFs and will require additional records management for SWMFs, coupled with the increased complexity of the types of SWMFs and additional enforcement coordination efforts. To say the least, the effort to manage the private SWMF program will be significant: Operational Requirements Inspections : Priv* ,- nspection eta6 e, . II o gram . -,-/. :': -4," --:'2,..: ', ., 8 .,... o i *wept pn Fv y5 ,P. M• R 'm ensure private , e enah reement re maint. 'Al arts to ens 'Xprivately , . , `til -a without • 8 u • • r 3 G The Illicit Discharge and Improper Disposal Program is one of the core minimum control measures to reduce pollution. This program has doubled the amount of required inspections: Operational Requirements - Inspections Illicit Discharges and Improper Disposal Program Dry Weather Screening • Inspection of 50 stations each year for illicit discharges • Perform sampling and testing if illicit discharges are detected and locate the source Related Programs e;� • Sanitary Sewer Inspection Program r '�'• ..s • Promote programs to collect used motor vehicle fluids ..-- •- Y and household hazardous waste materials • Prohibit dumping or disposal of used motor vehicle fluids, household hazardous wastes,sanksry se , mss clippings,leaf litter and a iir a MF34 as June 7, 2016 34 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The monitoring component of the Operational Elements: there are about 35 industrial stormwater permits in the city. The permit will require the City to implement a program to locate the outfalls, inspect them, review their discharge monitoring reports, perform additional monitoring, maintain a list of other high risk dischargers, report facilities that do not have a permit that should get one and refer any non- compliance issues to DEQ. Essentially, with this Permit, the City is an extension ofDEQ's staff Operational Requirements — Monitoring VPDES Industrial Stormwater Program Oversight • Requires the City to obtain a list all VPDES industMgl stormwater permits—,35 estimated ~ . • Requires inspection of all permitted outfalls • Review Discharge Monitoring Reports(DMRs) • Perform additional monitoring as necessary downstream of outfalls • Maintain list of all known industrial and high risk stormwater dischargers that are NOT regulated(repair shops,body(hops,auto detailers,tire cepa lr shops,and service stations) • Report any n �S permitted industrial facilities v ti significant pant discharge to Del • Provide a list of referrals of non-c u-to DEQ annually , �- ��¢ �1 37 r Additionally, the Floatable Litter Reduction Program is another new monitoring program: Operational Requirements — Monitoring Floatable Litter Reduction Program 0 • Develop and Impinent a Program —Selection of monitoring sites —Monitoring and measurement of • floatables —Procedures to reduce floatables —Procedures to determine floatable reduction pgram effectiveness saxes www.cessapalkaDaynot 38 June 7, 2016 35 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) There is also a new Water Quality Monitoring Program. This new program requirement is really acknowledging what we do not know yet about local water quality and how effective the BMPs are. The In-System Monitoring component will address long term data needs to determine pollutant loadings with certain types of land uses and future trend analysis: Operational Requirements - Monitoring Water Quality Monitoring Program • in-System Monitoring:Characterize storf►twat3er and identify pollutants • pMP Monk ::a Collect data to measure tt effectiveness various BMPs • Compliance Monitoring and Tracking — Federal standards for data — Annual reporting and record keeping requirements 1, i,,..t. 39 The fourth element is Infrastructure Data Management. This component is essentially asset management and may not be the most exciting; but, it is the most important since it is used as the basis for many decisions related to pollutant load reductions, the effort to inspect and maintain the stormwater system, and stormwater management planning. The City has managed to develop a useful stormwater asset database, however, it is incomplete. This permit requires that we have a complete inventory in this permit term: Infrastructure Data Management Ca, Inventory 0 Infrastructure Maintenance eill Data of the Management Roadway System Infra ,+,, i Land Use 4,bhc Data Data treach and Managem Management ducation Existing Program Element (Impervious &Pervious) 40 June 7, 2016 36 CITYMANAGER'S BRIEFINGS WATER QUALITYREGULATORYPROGRAMS ITEM#66006 (Continued) The City must identify, map, inspect and maintain all stormwater system: <.. 73Yd A lass!acture . .^Management Inventorya Maint. 4 �'rmwater System Identify it.. 48,000 { . s r Ma it.. ' ` .�'` Inspect it... ,z ;' # wII h a Mai:a's:: it...d, "4 "'E41",-;'"'4"4-'1 i ' ' : '' \ i,c--r— q»t � ;� t fl y+$»r r ',NI l..i _ >,.... 'a i ,� 'Az-,..74,:,,,-',,,,i4.4W ,°'' '''\ „ , Mapping the City's drainage areas is another important step to manage pollutants and to support the Chesapeake Bay TMDL Action Planning. As part of this process, the City will need to analyze land cover conditions, areas treated by BMPs and separately analyze roadways treated by BMPs. This data will be used in calculating the required pollutant load reductions, evaluating retrofit opportunities and SWMF project planning: Infrastructure Data Mana ement Drama! . - "A ' V) .Large-scale GIS Effort •' inIL s of impervious, ,- �, s, and : t it act serve i,:y the M-4 " • Det - s of i rvious /.1 , ,, O * , treated by '` > e $ dand fin - '+ a June 7, 2016 37 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) Lastly is the Public Outreach and Education program element. The goal of this program is to increase citizen knowledge of stormwater and effect a change in their behavior to result in pollutant reductions: Public Outreach and Education 1 w S• r 41Public Household Outreach Waste and diPsposal Edu cation rogram Infrraasi,';'-ur-s '''�lic 4# Data' 0each and Manageme duration Existing Program Element 43 a . Public Outreach and Education " additional public education tough City programa C•-^ ontinue I Water Quality �� -tea t -mpton Roads Planni Des Commission • I , 'dual A aential SWMF Program l ' n track newtary # 1 4 t s a iggjps' ,i,. oi• e e' ,each Pr ram program for -1' June 7, 2016 38 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) The program is going to have expanded activity reporting to track the number of individuals reached with each activity and to track the effectiveness of each program: Public Outreach and Education Expanded Reporting • Expanded Activity Report ng — Document all public outreach and education and the estimated number of individuals reached at�each — Evaluate program effectiveness with recommended modifications annually s • New Voluntary Projects — Summarize 01 voluntary retrofits completed on pnvate property asell to demonstrate pollutant reduc lon requirements(muatbe tracked and reported) — Su mmarii I voluntary etOrrriWattiKingtnag at techniques on private*Per* • Expanded Web w" " Outreach 45 While budget decisions are not being requested from the City today, it is important that City Council have this preliminary overview of the effort to develop program costs. The good news is that the program is covered for the first year of the permit with the existing resources: . , Stormwater Permitting RegulatoOverview k • ekr g pf Oiee MS4 Progra ' , • limina Cost Estimate of he', I.MS .Program ..0 r11-' rx June 7, 2016 39 CITY MANAGER'S BRIEFINGS WATER QUALITYREGULATORYPROGRAMS ITEM#66006 (Continued) Below is the preliminary cost estimate of the MS4 Program Preliminary Cost Estimate of the MS4 Program N, ; , Water Quality ,.... .� '' �,'.1 w Quality ,:(„ . ..1� ' 11• Op_,atibn &a P M.mte Fe: f ,.rf. ' i, � " It' Y 7,. =I ' • .t d roes a r k r ! iia• ? i an4 - `�i ' , Preliminary Estimate of the MS4 Program Ballpark Planning Lev $IM=$1.5CostP4 Estimate SSM-$'�2M Program Administration and Reporting Stormwater Operational Pollution Requirements Reduction MS4 SPA Program `$5 r Infrastructure Public Data Outreach and Management Education $0.5M-$'1 M $0.5M-$1M 'e June 7, 2016 39 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) Below is the preliminary cost estimate of the MS4 Program Preliminary Cost Estimate of the MS4 Program Water Quality ,' Mood Control Operations& Maintenance Cost Estimate Development FY17 • Develop,prog am ,, b plan and roles and r+ep ilities • Schedule •mplanc a plan • Develop to l' propo 'for '"lig �' .r ^ ';.sk 47 Preliminary Cost Estimate of the MS4 Program u.ark Planning Level r $1M-$1.5M Proram ' : - 12M 9 Administration � �� � """ , ,/ v4e and Reporting iil Stormwater ‘;r, t Operational Pollution Requirements Reduction ..' MS4 ,„k., , t:4 t 4--e ic,' " 1 k , ,‘ Program $5. ,-,,,,,,.., -,. ill: ii,,,, -'kV I,t ,..,' -,k h Infrastructure Public Data Outreach and • , i' Management Education 12 ., • $0.5M-$1M *ISM-Si June 7, 2016 40 CITY MANAGER'S BRIEFINGS WATER QUALITY REGULATORY PROGRAMS ITEM#66006 (Continued) Summary • The MS4 permit Is federally under the CWA administered by DEQ and closely monitored by EPA • It is the most compre pensive of the various strnnwaier and surface water regulatory programs • Compliance with the other stormwater and surface water regulatory programs is a condition of compliance under the MS4 permit • The analysts'estimate the costs for compliance are Ongoing and will be addressed in future budgets • Virginia Eek 46i audited by EPA/DEQ 4' • Our City 49 Dis9jssion s # , } y..ti { DEQ ,„„,,1'L1 1M 1.1R1 N1.\1 �, � Lsrnxz�m v 1 QI nl n i ` ' e 41 S�-• �,„wi„ .......1, 11hijoi, 'fin;7'7)7 ''''':1� x�, Mayor Sessoms expressed his appreciation to Stafffor their continued work on this project. June 7, 2016 41 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 4:47 P.M. Mayor Sessoms welcomed Tom Leahy, Deputy City Manager. Mr. Leahy expressed his appreciation to City Council for their continued support and advised City Attorney, Mark Stiles, will provide background information. Mr. Stiles advised the City, in cooperation with the Army Corps of Engineers, has replenished Sandbridge Beach since the 1990's. This has been a great benefit to City; however, sand usually does not stay put and migrates west towards Sandfiddler Road. Homeowners along the beach have a legitimate need to move the sand off of their property back on the beach from which it came: Sandbridge Civic League Resolution —Sand Management City Council Meeting June 7,2016 Below is an overview of the Coastal Dune and Beach Laws : Coastal Dune and Beach Laws • Coastal Primary Sand Dune and Beaches Act(Va. Code Ann. §§28.2-1400 et seq.) • Coastal Primary Sand Dune Zoning Ordinance (City Zoning Ord. §§1600 et.seq.) • Require a permit from the Wetlands Board to alter a sand dune or beach • Certain activities are exempt from the permit requirement: "activities pursuant to an emergency declaration by the City Council of the City of Virginia Beach . . .for purposes of protecting the public health and safety." June 7, 2016 42 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) Sandbridge Civic League passed a Resolution on May 21, 2016, requesting: Sandbridge Civic League Resolution May 21, 2016 •The Civic League petitioned City Council to issue an emergency declaration concluding that the accumulation of sand adjacent to multiple oceanfront properties in Sandbridge constituted a hazard by: •Reducing the effective height of fence enclosures surrounding swimming pools •Exposing the rusty and jagged edges of old bulkhead sheet piles to foot traffic Sand bridge Civic League Resolution May 21, 2016 •The Civic League contends that the sand and deteriorating sheet piles require immediate action but that the permit process in place is too slow and unwieldy • No allegation that the Wetlands Board has denied any reasonable permit application to remove and relocate the intruding sand •The Wetlands Board has recently fined some homeowners who moved sand without first applying for and obtaining a permit June 7, 2016 43 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) City Staff including Mark Stiles- City Attorney, Tom Leahy - Deputy City Manager, Mark Johnson and Dan Adams met after receiving the Sandbridge Civic League Resolution. They went out and conducted a field inspection on two dozen of the identified properties: Field Inspection • The Civic League and two realty companies provided a list of 37 addresses they believed were experiencing one or both safety issues • On May 26, 2016,City staff visited about two dozen of the identified properties—and some others • Many of the properties were—or had been—affected by the build-up of sand • On some properties,the sand had already been relocated • On some properties,the sand had totally defeated the purpose of the protective fence—others just partially to varying degrees • A smaller number of properties had exposed and deteriorating bulkhead sheeting Below are some examples of this threat to health and safety: Threat to Health and Safety? • In some cases,yes. But not for all properties • Some properties had already removed and relocated the sand • Impacts from accumulated sand ranged from significant to marginal • There are other hazards not related to the buildup of sand against pool fences,or bulkhead piling • Open gates,improper fence construction,abandoned dune fencing debris,abandoned fence gates... • Conditions have developed over a period of time— months, perhaps even years June 7, 2016 44 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) Mr. Leahy advised the Civic League provided a list of thirty-seven (37) addresses adversely effected by the sand: Some Properties Have Already Relocated the Sand According to Google maps, the property below has had a fence missing for several years: Some Properties are Severely Impacted June 7, 2016 45 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) Some Properties Have Selectively Managed the Sand • Dunes and Bulkheads Providing Pathway to Swimming Pool • io June 7, 2016 46 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) Sand Overtopping Combination Fence/Bench System j .-..,:iitiiiii:.,;... .-. — f ,,,..*4,.., ,,,t.i.:.*..., :!1 „-. _ ..i':, �� �"�. #.. s Below is galvanized railing some type of walkway that is covered almost entirely by sand. Sand Dune Overtaking Abandoned Infrastructure ',,,„,,,.,,,,,,:;,,,4,-;"1_,•,-*--:',$ 3t.> ans`x J' t. June 7, 2016 47 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) There is exposed, corroded,jagged bulkhead sheet piling covered by sand: Exposed, Corroded, Jagged Bulkhead Sheet Piling Atvr- There is a tremendous amount of dune fence debris: Abandoned Dune Fence Debris June 7, 2016 48 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) Below is the top of an abandoned picket fence: Abandoned Picket Fence Below is an example of property owners relocating sand into small piles: Relocated Sand :4 ; 16 June 7, 2016 49 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) Sand Management and Exposed Deteriorating Bulkhead Sheet Piling fik @ gT Sand Partially Defeating Protective Swimming Pool Fence June 7, 2016 50 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) But Using The Open Gate is Easier AIN Mr. Stiles advised this is a bit of a difficult problem and Staff has spent a tremendous amount of time discussing this issue and have come up with a "three-tiered" approach for properties with emergencies for City Council to consider: Properties with Emergencies • Property owners seeking an emergency declaration: • submit a written request,with photos depicting the hazard(s)by Monday June 13 • Staff prepares declaration for City Council consideration on Tuesday June 21 • If adopted,the property owners included in the resolution would not need a Wetlands Board permit but would apply for an administrative permit from the City. • No signed/sealed plan required,but permit would be subject to general conditions to protect neighbors,the beach,the dunes, and the environment • Work to be completed within 30 days 20 June 7, 2016 51 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) Below is a picture of the Sand Management and Placement Profile: Sandbridge Beach—Sand Management and Placement Profile Bulkhead/Beach Easement Line Dune Top of Bulkhead 3' Max.4 MHW 15' 100'Mm. Max. Sand placement/ Sand Removal Spreading Zone Zone 21 Below are the recommendations for non-emergency properties: Non-Emergency Properties • Coastal Primary Sand Dune Ordinance will still apply • Planning Director will waive requirement for signed/sealed plans if appropriate • City will supply general conditions to protect beach, dunes, neighbors,and the environment • Wetlands Board may authorize permit for one year with a simple renewal for two one-year periods • City Council may reduce the application fee and eliminate the requirement to post the property • City Council may pass resolution requesting the Wetlands Board to expedite sand management permits June 7, 2016 52 CITY MANAGER'S BRIEFINGS SANDBRIDGE DUNE ENCROACHMENT ITEM#66007 (Continued) Below are the next steps: Next Steps • If Council agrees,staff will work through the Civic League and realty companies to contact the property owners and provide them with advance notification • Staff will review submittals from the property owners,and prepare an appropriate resolution,with recommendations, for the June 21,2016 City Council Meeting • Public Works and Planning will assemble a package with instructions,general conditions,and other guidance for the property owners • At Council's direction,staff will prepare an ordinance modifying the application fee and sign posting requirement for sand management applications to the Wetlands Board • At Council's direction,staff will also prepare an item for inclusion in next year's Community Legislative Agenda Questions/Discussion v 24 Mayor Sessoms expressed his appreciation to the Stafffor their work on this project. June 7, 2016 53 CITY COUNCIL LIAISON REPORTS ITEM#66008 5:17P.M. None June 7, 2016 54 CITY COUNCIL COMMENTS ITEM#66009 5:18 P.M. Councilman Davenport visited the USS Eisenhower while underway on Thursday and had an overnight embark. He expressed appreciation to the Commander as well as the men and women serving on the USS Eisenhower for their hospitality and sacrifices in protecting the Country. June 7, 2016 55 CITY COUNCIL COMMENTS ITEM#66010 Councilman Moss feels the Council does not spend enough time with each decision made by City Council discussing and understanding the fiscal impacts on households within the City. The Federal Reserve Board published the "Report on the Economic Well-Being of U.S. Households in 2015" in May 2016 and this provides a comprehensive overview. According to the Report, less than 31% of households have retirement savings and 42% of families would meet the "hardship requirement" with an increase of just $400 in their monthly liabilities. The Report also indicates the biggest fiscal burden for families "below the average median income" are the payments to local governments and not the federal government. Councilman Moss provided the Report to the City Manager and suggested the City begin using some of the same type of questions in the next "Citizen Survey". June 7, 2016 56 CITY COUNCIL COMMENTS ITEM#66011 Councilman Uhrin expressed appreciation to everyone working to make the Patriotic Festival and Warrior Week such a huge success. He requested some time on an upcoming Agenda for the USO to provide an update of this year's event. June 7, 2016 57 CITY COUNCIL COMMENTS ITEM#66012 Council Lady Kane advised she and Councilman Dyer welcomed the Human Rights Commission State Conference this past Saturday. Council Lady Kane expressed appreciation to Council Lady Ross- Hammond for her participation in the Conference. The event was well attended and a success. June 7, 2016 58 AGENDA REVIEW SESSION ITEM#66013 5:21 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re Indian River Road and Providence Road Intersection Improvements by agreement or condemnation 2. Ordinance to GRANT a Franchise Agreement with J&A Racing Foundation, Inc. re 5K Race Series on the Boardwalk 3. Resolution to ESTABLISH an Ad Hoc Committee re assist residents with Paying City Services Bills 3. Ordinance to ACCEPT and APPROPRIATE$15,000 resulting from the Ninth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception: a. Children's Hospital of the King's Daughters Health Center and Urgent Care b. The Entrepreneurship and Business Academy at Kempsville High School c. The Sister Cities Association of Virginia Beach 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Agreement between the City and Kempsville Borough Boys Baseball, Inc., re repairs to the Sculpture 6. Ordinance to MODIFY and EXTEND the date for satisfying conditions re the closing a portion of an unimproved right-of-way, known as Circle Lane 7. Ordinance to ESTABLISH a Capital Project, "Correction Center Generator Replacement Grant" and ACCEPT, APPROPRIATE and TRANSFER the Grant re replacement of a generator at the Correction Center 8. Ordinance re Sheriffs Office: a. RANSFER$988,125 re additional medical contract expenses and annual and sick leave payouts b AUTHORIZE a part-time position re assist in workload management 9. Ordinance re Department of Housing and Neighborhood Preservation: a. TRANFER$172,697 within the FY2016-2017 Operating Budget b. AUTHORIZE full time equivalent positions MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 COUNCIL LADY WILSON FILED DISCLOSURE ON ITEM#2 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#8b COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#9a/b June 7, 2016 59 AGENDA REVIEW SESSION ITEM#66013 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. DACOR,LLC for a Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations re subdividing lot at Ferry Point Road and West of Indian River Road DISTRICT 1—CENTERVILLE 2. OCEAN RENTAL PROPERTIES,LLC for a Special Exemption for Alternative Compliance to the Oceanfront Resort District Form-Based Code re row houses and a detached house at 514 and 528 21" Street DISTRICT 6—BEACH 3. BEACH BOROUGH DEVELOPMENT,LLC for a Modification to a Nonconforming Use re change a four-unit building to three units within two buildings at 403 33rd Street DISTRICT 6—BEACH 4. KING FARMS,LLC/PAMELA and STEVEN GRAY for a Modification of Proffers of a Conditional Change of Zoning(approved March 3, 2015) re adjustments of the front yard setbacks at 2852 and 2876 West Neck Road DISTRICT 7-PRINCESS ANNE 5. PHIL BONIFANT for a Modification of Conditions to a Conditional Use Permit re a "Country Inn"(approved December 9, 2003)and an assembly use at 2244 and 2252 Indian River Road DISTRICT 7—PRINCESS ANNE 6. DIRECT INDEPENDENCE GROUP,LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District at 449, 457 and 465 Independence Boulevard DISTRICT 2-KEMPSVILLE 7. FARMHOUSE,LLC: a. Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business b. Conditional Use Permits re craft brewery, assembly use and open air market at 1805 Kempsville Road DISTRICT 2—KEMPSVILLE 8. VIRGINIA BEACH TRAVEL SOCCER/COLONIAL SELF-STORAGE,LP re Buckner Boulevard and Holland Road: a. Conditional Use Permit re indoor recreation b. Floodplain Variance DISTRICT 3—ROSE HALL 9. LEONARD ALUMINUM BUILDINGS,INC./FAYE W. FORBES,ET AL.for a Conditional Use Permit re vehicle sales, rental and bulk storage yard at 980 South Military Highway DISTRICT 1—CENTERVILLE 10. JOSEPH J.ARZILLO for a Conditional Use Permit re auto repair garage at 3476 Chandler Creek Road DISTRICT 3-ROSE HALL 11. BRENTON RODGERS/ACT B PARTNERS for a Conditional Use Permit re tattoo parlor at 2973 Shore Drive DISTRICT 5—LYNNHAVEN June 7, 2016 60 AGENDA REVIEW SESSION ITEM#66013 (Continued) 12. CITY OF VIRGINIA BEACH: a. Ordinance to AMEND Section 1.5 of the Site Plan Ordinance(Appendix C) re definition of a Dwelling Unit b. Ordinance to AMEND Sections 203(b)(5)and 204(d) of the City Zoning Ordinance (CZO)re illumination onto adjacent parcels MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#4 ITEM#6 WILL BE DEFFERED TO JULY 12,2016 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 MAYOR SESSOMS WILL ABSTAIN ON ITEM#8a/b COUNCIL LADY WILSON FILED DISCLOSURE ON ITEM#9 MAYOR SESSOMS WILL ABSTAIN ON ITEM#11 COUNCILMAN WOOD FILED DISCLOSURE ON ITEM#11 ITEM#12a WILL BE DEFERRED FOR THIRTY(30)DAYS June 7, 2016 61 ITEM#66014 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose, or of the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Beach District PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees • Evaluation of Council Appointees June 7, 2016 62 ITEM#66014 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 5:30 P.M. Voting: 11-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Closed Session 5:30 P.M. - 6:00 P.M. June 7, 2016 63 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 7,2016 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, June 7, 2016, 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: Father John Manuel Saint Nichols Greek Orthodox 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 identifyany 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. June 7, 2016 64 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. June 7, 2016 65 Item—VII-E CERTIFICATION ITEM#66015 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 r.v4A.B C Q � S is 2 U Ak tom_ !: 5 J 02 OU..,:,,:os :,,os 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#66014 Page 62 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard,discussed or considered by Virginia Beach City Council. th Hodges Fraser,MMC City Clerk June 7,2016 66 Item -VH-F MINUTES ITEM#66016 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 17,2016. 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 67 ADOPT AGENDA FOR FORMAL SESSION ITEM#66017 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 7, 2016 68 Item- VII-H.1 MAYOR'S PRESENTATIONS ITEM#66018 RESOLUTION:Alzheimer's and Brain Awareness Month Gino Colombara, President—Alzheimer's Association of Southeastern Virginia Mayor Sessoms introduced and welcomed Mr. Colombara, President — Alzheimer's Association of Southeastern Virginia, and presented a Resolution declaring June 2016 "ALZHEIMER'S AND BRAIN AWARENESS MONTH". Mayor Sessoms encouraged all citizens recognize the importance of Alzheimer's patients receive early diagnoses and have access to affordable care to ensure that further research of the disease continues. Mayor Sessoms encouraged all citizens to join him in observing June 2016 as Alzheimer's and Brain Awareness Month. Mr. Colombara expressed his appreciation to City Council for their continued support of the research efforts being made to understand this disease. June 7, 2016 0N1A'BP.,4 2 6y .... • i e rc` B O,OUR NOW° RESOLUTION ' WHEREAS, the health and safety of all Citizens of Virginia Beach is important to the happiness,prosperity,and well-being of our City's families,communities,and,economy; W1YEREAS, Alzheimer's Disease is a progressive brain disorder that slowly deteriorates brain cells, affecting one's reasoning skills and abilities to perform simple tasks, ultimately leading to memory loss; WHEREAS, Alzheimer's cases in Virginia are expected to increase 35.7 percent from 110,000 in 2010 to about 190,000 in 2025; WHEREAS, During the month of June, people across the Commonwealth take part in The Longest Day - tielongestday.alz.org- to raise awareness and support research and care for Alzheimer's patients; WHEREAS, Further research of Alzheimer's Disease is critical as it is the only cause of death among the top ten causes in the United States that currently cannot be prevented, cured,or even slowed; WHEREAS, Caregivers and family members are crucial in maintaining a healthy quality of life for those battling Alzheimer's;and WHEREAS, It is imperative that Alzheimer's patients receive early diagnoses and have access to qualify,affordable care to ensure that further research of this disease continues; NOW THE,REFIOR&I, William D. Sessoms,Mayor of the City of Vagina Beach do hereby call upon our Citizens to join me and Members of City Council in observing June 2016 as AIZ,FIF,7/tiIF,R'SAND BRA INAWARENESS MONTH 4,e,,.... Xit,404--- C:.i. 'n Ben Davenport Councilman .6 .io6'Dyer Council-Lady Barhara.9fenfey fi Council'Lady Shannon ne ncifman Sohn D. ass Council Lady Dr.Amelia W.Wats- gram C fman Jahn E."(Aril: Council-Lady Rase `Wilson Court,a >,L.Wood Tice.,, . I I. b Mayor Louis Jones Mayor'iW1iam D. "'Wif"Sessoms,Sr 69 Item - VII-I.1 PUBLIC HEARINGS ITEM#66019 Mayor Sessoms DECLARED A PUBLIC HEARING: 1. Indian River Road and Providence Road Intersection Improvements There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 7, 2016 70 Item - VII-L2 PUBLIC HEARINGS ITEM#66020 Mayor Sessoms DECLARED A PUBLIC HEARING: 2. Franchise Agreement re 5K Race Series on the Boardwalk There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. June 7, 2016 71 Item - VII-J ORDINANCES/RESOLUTIONS ITEM#66021 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Agenda Items 1, 2(MAYOR SESSOMS ABSTAIN), 3, 4a/b/c, 5, 6, 7, 8a/b(MOSS VERBAL NAY ON"b") and 9a/b(MOSS VERBAL NAY). 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 72 Item-VII-J.1 ORDINANCES/RESOLUTIONS ITEM#66022 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re Indian River Road and Providence Road Intersection Improvements by agreement or condemnation 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE INDIAN RIVER 4 RD. / PROVIDENCE RD. INTERSECTION 5 IMPROVEMENTS PROJECT, CIP 2-042, AND 6 THE ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the upgrading and relocation of aging traffic signals to enhance 12 safety to improve transportation within the City and for other related public purposes for the 13 preservation of the safety, health, peace, good order, comfort, convenience, and for the 14 welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 22 fee simple, including temporary and permanent easements, within the limitations and 23 conditions of Section 33.2-1007 of the Code of Virginia of 1950, as amended (the 24 "Property"), as shown on the plans entitled "INDIAN RIVER RD INTERSECTION 25 IMPROVEMENTS CIP NO. 2-042" (the "Project") and more specifically described on the 26 acquisition plats for the Project (plats and plans collectively referred to as the"Plans"),the 27 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 28 Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to initiate, prosecute, and settle or resolve 34 proceedings to condemn said Property. 35 36 June dopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of 37 , 2016. CA13483 PREPARED: 5/27/16 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d028\p022\00262070.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Wc PUBLIC WORKS/REAL EST 51(;),71)(p CI Y O NEY ',....,.- 1.1.4 1 ik.7".'44-it,,,,,,,,w:;.>-•. ,':'..'.:i'.lii.: .- •i''''...,e-i 1:* '' -•''• •-•_,..f.-•-• , , ..• - ,,,,, . To on i• iT) -0 Al •--, ' . -_-''' -, ,,,, .., • •." ,,,•,-; : ,•,,• . .- .- .. . 4:..,:;-,* - „. i/ ,-- ,. — • ,/ .' ,.. . ..,.._ i ,,,, , : , , i .. ' ' ' ' .,',Pt - •,' ,/,' ''' ` . AI, —1 f 'c'. ›'R' .. . '•:. •' 'en .Y'' -' ,,, • 4t11:fr ' t ..,- • ---,:i 1 , , .,. . .• ..,;.7i.;-`,,': 1 ' - •5. .•-, -- _ _.,,,,,_ C,,. ' . 1-, T....- '1--,477'-?I''': - • .-.5,,Z.;,...-7-49w--„:1 .„. , ,•,,,„,, .- .•._, ., — 116'-1 '4.-1.4•/#- /•'1• .., ',:.4 17- 1 Ez ct: C • f' _ N- • Ch • ...• ot ' 141 on• •' '-il3 ',.--.1 •-•4 - u* C7 V, F. , .. ....• - .,.• E s. §I .E.,.., ,.. ---,-., . c6 ,,,,---4..yry. , „. , ,,„,, -. ,...; t •F: ..,-- - t . • ,..) §-,4 ‘-• E ,...:..ti ... : .., , 121,4:' a. 0 0 'C 55 0:or ' ' .3, _. t ''. - --wpill .;. Mitt, - g4 '.''. '-' ,It . . f 11' `° . * l'. 'ty: ,,:-,],-,,, • - .-''''. ,, • , ,. . ............. ...-,. ' ' ::• 1 t. '-'*' 'Trt ,,i,..•.,.3. '-' n%., - , -- ,, . ....,..-A 7r, '...:.lit '' 0 ' ,1111i•-•:' • .1 I ''' •,,, •., ,..i. ''',•• I1 '::i- "5- . ".... ' ' ..-..:4' , ' V --. .. . . , '• , .i '.',,..*•,-.'.'"-li .to 1 If;-. • :.,.. , •,•• i ,-,':- •''.- ..,'-`,,':,;. ., ,,'',-'14----:•--'''''11'', rsa 0 , '•, , : - -' 2 . ''''.1", L'.floo.. .....: ;" '.!! ,... riftlit '12.:'S'It,—'4.- '•'! - ''.'•1,'''":\ , " ' ';'••*- 7,-:7-,--,;..-1''':.' ci.' N-,-. :,', •/,'. ,jr,) ,•!;',-iiii.4,4 s'-';,,. ,•/:- ...,., .,! ..,,4:2,ti,:c, :,';-•'---",it'''''?:L-.! ' . * ', -i". 'c41.-.44.4''' ' .1-:: ••-'. 1X5-i'•-#''• ''' , Z ti-l- V.,.. ..', 7 i, i - ,—<#, . 17#.--.7 ,,, * z• -'", ''':7''11 ; .-..,. „•c•••• ,-.--...k -.:• .1,-1-..,..,- ' --40; , ... .7, ' 'F' ---4,41-4 - , .., ---;47: ..,,,:.-iiiill . , t,1, ;7;-'.----°,446 ',..") .;,4:44.''''4--..' .. .L..,..,7.,..7.:..,.,..„. ''..:4..,5,,,-..,.•.. ',..,,,... .i-..,:,,-. \ .>-,-,. , , _.....,t:,,,,,.,:, -,-., . ....,...A.:' •' -- • . . i(,....-s..-, • :-._ .f-.:4. .. ,, it ...,::-:,,,'., ;:-.,-4---•,-.,-z:'..,••:z.ff,-! . .21: „ , , ,.. .,,,-,..k r•"1.-',..,..-,,t'. ,&,- • .§ . ,.,,,,, -••• .. 'ix 17; 7_ (,:,,,,,, ...,..,.. Q. Cl) cc - 1 . I— 8 "I lil H - ' wo-0 rjSTOCK-.RD - 3 I, 0 0 Lu2 0 or co v 1 .'l , ( ,___, _ __ _ , , , \u, ,,. c.„ ,__::,__„1-1:,11115 1. 1 '0 --T --,_ \•••"" . ----' ' ____. _____ _______ __ -- , `47.,17-77 't, 1 , --- -----,,, _Th!l,j ,_. \) ' ----REON PR------n ,:,.,, _ /,,\,:41i' 1017: 711: 61j:z °zi 0.464 Zzi). -'77 ; , -- 9 \,,\ ' ___ ,,\, (11 I/ i , '- < cc 0 5 < i , , , ' . ' Li 1 2/ - '-' '-'-'-:. 0 Z 5 — 0 0 i1 L .. \\\, , , + c / , 1— 0 LIJ j i \ o a o 0 CNJ 0 — ) `--------------,, Li 4 _i , ! ci____ ________ / / zilw .. (' _i LI7 1 -1 H 1 II VI 110 1 i (L--[ op [___, ommii_Jr,---/..:,,,: ../ //„,,,,,/,, .-_,:', ' , J cc w z it 0 o ce '] ._ LI [ ,_._i / --. 0 --1 i, 1 , .._. ,.... 111 r-1- -1- EEN.-B-1--V° ---./ .' LI/ / ,,,A ---LEV"---:H_t, ., , , Atrx, • i / =-J ti zi , v, lillsouter [- " / - in n Q-J4r i i, i i i// Ei-- - - ___,(3 z:,.: r---1 44* / milli 1,; e. ! 1dIVIOr-Tnli- r, rj '[. --, ., ,,,_,, 1,_ ) ainomm(i / -_?, vii. ., 41,11.. i,i :ow/ ow „.‘,... \ r,,,,,, ,, , . . , : • 4_ ro _ „: , ,, . '\ \ /, ,, , I------, ,----i ,----- -- la ROV3MNOLNINO0'- , , ..., ,.[ , L , --;.---",--- 4010.....2 NOW* , it , it,i__,j kiii_j , , ' ',,„ \ A ".,,,,/.1 -amitttritilim= lilififf if 114 411111.11111111111/ -, . ,, ' '---- ----- . /4/rIll, "/ ror•vp4ri .11..gr.:11,5 p .•, pliri-1--," , L, .---,\ it'7I,CI gi - `:=77-- -- iirTilimi 1111711 mit IMIliii MILLI ----II I ition oi___(Aipii:618:18,Niallitre:: -17-0 01117-, ,mrir---------_------. - I ))111g -----:z7:w -, - ( I LT-------- i Nil [7 i ! -- Q-312/Si • ''''' i---1 L---------- ------/ .: '',„, ', ,.., - AA/Nrk, litit, „ -,., • . -- -.----' '- - • -----imiiih.- -1' c,. , ..--,... • a, ..._, ..,„_. . , ,_ .,-,,0y . of , . . ...) , _ u, . ,,,,,,,G . ., , , , . , > c ., 0 ,....._ . ,.:„,,, , , , ,,_-____ ____, "0 0 . - 4 '-'111.1- liffinft, -I -!..; z'- - •r I I be X CL 0°1 . , , s \ ,----7- - ---\\ - CD E 21 t 13 0 --...w CU (1) c •>-- W 0 42 CI) I 'C 4.- 40 V CD V 6 • " CD CD CO I-1-1 0 5 Cr ^ , 1 • - \ ' 0 \,, " ., .. S AH ANV.1.111,. 4- 0 & IN I I I --c7 %) a • -''' 0. .A,-' 1 N'ST : • 1 ra,1#t-V4., ‘ -AV • T ', , .1 ' . 4 cn ox at 4 w . . ,o, 44 --I a_ , . 73 Item -VII-J.2 ORDINANCES/RESOLUTIONS ITEM#66023 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise Agreement with J&A Racing Foundation, Inc. re 5K Race Series on the Boardwalk 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 Member Abstaining: William D. Sessoms,Jr. Council Members Absent: None June 7, 2016 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT TO ALLOW A 5K RACE SERIES 3 ON THE BOARDWALK IN THE RESORT AREA 4 5 WHEREAS, the City received a request for a franchise agreement to conduct a 6 series of 5K race events on the Boardwalk once a week during the summer months 7 ("Race Events"); and 8 9 WHEREAS, J&A Racing Foundation, Inc. ("J&A Racing") is proposing to conduct 10 the Race Events on each Wednesday of the month, beginning on June 22, 2016 and 11 ending on August 10, 2016, between 8:00 am and 10:00 am; and 12 13 WHEREAS, the Race Events will take place entirely on the Boardwalk; and 14 15 WHEREAS, the Boardwalk will remain open to the public during the Race 16 Events; and 17 18 WHEREAS, the Race Events will begin on the Boardwalk at 31st Street and will 19 continue south to 14th Street, and will then return along the Boardwalk to 31st Street; 20 and 21 22 WHEREAS, J&A Racing estimates that each Race Event will attract about 100 23 participants; and 24 25 WHEREAS, the Race Events will be promoted to resort guests and visitors 26 seeking physical activity during their vacation and will also be used to promote other 27 races sponsored by J&A Racing; and 28 29 WHEREAS, the Race Events will provide an additional amenity to visitors with an 30 active lifestyle; and 31 32 WHEREAS, the Strategic Growth Area Office recommends that J&A Racing be 33 granted a franchise agreement for the term of June 22, 2016 through August 10, 2016, 34 to operate the Race Events. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH: 38 39 That the City Council hereby grants a franchise agreement to J&A Racing 40 Foundation, Inc. for the period of June 22, 2016 through August 10, 2016 to conduct a 41 series of 5K races on the Boardwalk on each Wednesday of the month from 8:00 am 42 until 10:00 am, subject to the terms and conditions of-the franchise agreement and all 43 applicable ordinances, resolutions and regulations and such other terms and conditions 44 deemed necessary and sufficient by the City Manager and in a form approved by the 45 City Attorney. 46 7th June Adopted by the City Council of Virginia Beach, Virginia on this day of 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney's Office CA13749 R-2 May 25, 2016 Summary of Terms Franchise Agreements for 5K Race Series on the Boardwalk in the Resort Area Franchisee: J&A Racing Foundation, Inc. ("J&A Racing") Nature of Franchise: Operate 5K Race Series on the Boardwalk in Resort Area("Race Events") Location: On the Boardwalk between 31st Street and 14th Street("Premises") Term: Every Wednesday from 8:00 a.m. until 10:00 a.m, June 22, 2016 through August 10, 2016 Franchise Fee: $1500 for the term Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates: a. Grantee shall not block pedestrian traffic on the Premises during the Race Event. b. The Premises(Boardwalk) shall remain open to the public during the Race Events. c. Grantee shall not place tents or sell products on the Premises during the Race Events. d. Grantee shall submit a race operational, security and inclement weather plan to the City for review and approval prior to June 15, 2016 ("Operational Plan"). e. Grantee shall adhere to the Operational Plan approved by the City. f. Grantee shall provide one portable ADA restroom facility g. Grantee shall install a minimum of 3 waste disposal containers and 3 recycling containers on the Premises. h. Grantee shall remove all temporary structures, including waste disposal containers and recycle containers, and clean all City property by 10:00 am on each day of the Race Event. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits. Termination: City may terminate agreements with or without cause. \4-1/4? L rm;M 0 City of Vir iriia I beach i 54- Op OUR NA�1�N VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 In Reply Refer to 0058074 wsessoms©vbgov.corn June 7, 2016 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 an ordinance granting a franchise agreement to allow a 5K race series on the Boardwalk in the Resort Area. 2. J&A Racing Foundation, Inc. is seeking the franchise and has disclosed that TowneBank is one of its services providers. 3. I have a personal interest in TowneBank, which is located at 600 22"d Street in Virginia Beach, 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. Sincerely, William D. Sessoms Mayor WDS/RRI 74 Item -VII-13 ORDINANCES/RESOLUTIONS ITEM#66024 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to ESTABLISH an Ad Hoc Committee re assist residents with Paying City Services Bills 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 REQUESTED BY COUNCILMEMBER KANE 1 A RESOLUTION ESTABLISHING AN AD HOC 2 COMMITTEE TO ASSIST RESIDENTS WITH PAYING 3 THEIR CITY SERVICES BILL 4 5 WHEREAS, the City's Public Utilities and Public Works departments provide 6 storm water, solid waste collection, water supply, and sanitary sewer service to City 7 residents and send residents a consolidated bill ("City Services Bill") with charges for 8 those services; 9 10 WHEREAS, the City Services Bill is currently sent on a bimonthly basis, and 11 because it is a consolidated bill for multiple types of services, many low-income, 12 unemployed and underemployed residents struggle to pay the bill on time; 13 14 WHEREAS, failure to pay the bill in a timely manner results in a late fee, and 15 failure to pay by the delinquent notice due date results in an additional delinquent fee 16 and the loss of water service until the bill is paid; 17 18 WHEREAS, the City Council would like to identify and implement measures to 19 assist residents who struggle to pay the City Services Bill. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby establishes the City Services Bill Affordability 25 Ad Hoc Committee. 26 27 2. That the committee shall serve in an advisory capacity to City Council, 28 and City Council shall appoint its members. 29 30 3. That the committee shall consist of: 31 32 • A chairperson appointed by City Council; 33 • A Virginia Beach resident with accounting or financial expertise; 34 • A representative of a nonprofit that provides assistance to Virginia 35 Beach residents in need; 36 • An individual with experience in assisting lower income individuals 37 with financial planning and budgeting; 38 • A representative of the Human Rights Commission; 39 • A representative of the Mayor's Commission on Aging; 40 • The deputy city manager who oversees the departments of Public 41 Utilities, Public Works and Budget and Management Services; 42 • Up to three additional Virginia Beach residents; and 43 • One City Council liaison. 44 45 4. That although the City Council will appoint the chairperson, the committee 46 may elect any additional officers they conclude would assist them in carrying out their 47 work, and in the event of a vacancy in the office of chairperson, the committee may 48 elect a new chairperson. 49 50 5. That the City Attorney shall assign an attorney to advise the committee, 51 and the City Manager shall ensure that the committee receives adequate staff support, 52 to include a representative of the Management Services Department and a staff 53 member to take minutes and provide logistical support. 54 55 6. That the goal of the committee shall be to make recommendations to City 56 Council to assist residents who struggle to pay the City Services Bill by identifying 57 public- and private-sector resources, as well as potential changes to the billing process 58 and the calculation of certain fees. 59 60 7. That the committee shall report back to City Council with its findings and 61 recommendations no later than the last City Council meeting in December. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of June , 2016. APPROVED AS TO LEGAL SUFFICIENCY: oz City Attorney's Offic CA13747 R-2 May 27, 2016 75 Item -VII-J.4a/b/c ORDINANCES/RESOLUTIONS ITEM#66025 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $15,000 resulting from the Ninth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception: a. Children's Hospital of the King's Daughters Health Center and Urgent Care b. The Entrepreneurship and Business Academy at Kempsville High School c. The Sister Cities Association of Virginia Beach 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 RESULTING FROM THE NINTH ANNUAL VIRGINIA 3 BEACH BUSINESS APPRECIATION CHARITY GOLF 4 CLASSIC AND NETWORKING RECEPTION AND TO 5 AUTHORIZE THREE DONATIONS 6 7 WHEREAS, on May 10, 2016 , the Virginia Beach Development Authority and the 8 Department of Economic Development hosted the ninth annual Virginia Beach Business 9 Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach 10 National Golf Club, which generated $15,000 that can be donated to local charitable 11 programs. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. $15,000 is hereby accepted and appropriated from the proceeds generated by 17 the ninth annual Virginia Beach Business Appreciation Charity Golf Classic and 18 Networking Reception held on May 10, 2016 at Virginia Beach National Golf Club to the 19 FY 2015-16 Operating Budget of the Department of Economic Development, with 20 estimated revenues increased accordingly, for purposes of donation to three local 21 charitable programs; and 22 23 2. $15,000 will be donated in the amount of $5,000 each, to the following three 24 organizations: The Children's Hospital of the King's Daughters Health Center and 25 Urgent Care, The Entrepreneurship and Business Academy at Kempsville High School, 26 and The Sister Cities Association of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of June , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attor 's Office CA13750 R-1 May 23, 2016 76 Item -VII-J.5 ORDINANCES/RESOLUTIONS ITEM#66026 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Agreement between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc., re repairs to the Sculpture 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT TO 3 THE AGREEMENT BETWEEN THE CITY OF 4 VIRGINIA BEACH AND KEMPSVILLE BOROUGH 5 BOYS BASEBALL, INC. 6 7 WHEREAS, on April 22, 2014, by Ordinance ORD-3345F, City Council accepted 8 the donation of a life-size bronze sculpture of a young baseball player entitled "Good 9 Game" (the "Sculpture"), and authorized the City Manager to execute an Agreement 10 between the City of Virginia Beach (the "City") and Kempsville Borough Boys Baseball, 11 Inc. (a/k/a Kempsville Pony Baseball) ("KPB") relating to the acceptance, maintenance 12 and repair of the Sculpture and related elements; 13 14 WHEREAS, the Agreement required KPB to maintain, clean and repair the 15 Sculpture and all related elements, including pavers and lighting; 16 17 WHEREAS, KPB has requested an amendment to the Agreement, wherein the 18 City would make necessary repairs to the Sculpture within a reasonable period of time; 19 20 WHEREAS, KPB would continue to be responsible for all maintenance and 21 cleaning of the Sculpture, and would be responsible for maintenance and repair to all 22 related elements, including pavers and lighting; 23 24 WHEREAS, the City would continue to have the right to relocate the Sculpture or 25 remove the Sculpture if it becomes unsuitable for display on public property; and 26 27 WHEREAS, City staff has reviewed the proposed amendment to the Agreement 28 and recommends that the City accept responsibility for repairs to the Sculpture, subject 29 to appropriation of funds. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the City Manager or his designee is authorized to execute an 35 amendment to the Kempsville Pony Baseball Artwork Maintenance Agreement, in 36 accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part 37 hereof, and such other terms, conditions or modifications as may be acceptable to the 38 City Manager and in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day 41 of June , 2016. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM leehAte )(17)iae yeeLL 41jit) City Attorney Office of Cu u al Affairs CA13596 \\vbgov.com\DFS 1\Applications\CitylawProd\cycom32\Wpdocs\D001\P0l 8\00278057.doc R-1 April 21, 2016 EXHIBIT A SUMMARY OF TERMS Amendment to Kempsville Pony Baseball Artwork Maintenance Agreement Parties: City of Virginia Beach ("City") Kempsville Borough Boys Baseball, Inc. a/k/a Kempsville Pony Baseball ("KPB") Purpose: Amend the terms of the Agreement regarding repairs to the "Good Game" Sculpture located at the Kempes Landing Park • Current Terms: o KPB, at its sole cost and expense, is responsible for any and all routine maintenance to be performed on the Sculpture per the artist's recommendation, as well as all cleaning, repairs or replacement as necessary, in perpetuity. o In the event any portion of the Sculpture requires repair or replacement, and KPB (i) fails to make necessary repairs and/or replace the Sculpture within a reasonable period of time, or (ii) fails to maintain the Sculpture so that the Sculpture is no longer suitable for display on public property, the City reserves the right to remove the Sculpture. In the event of such removal, the City agrees to return the Sculpture to KPB or dispose of the Sculpture if KPB refuses to take possession of the Sculpture. • Amended Terms: o KPB shall remain responsible for any and all routine maintenance and cleaning to be performed on the Sculpture per the artist's recommendation, including waxing (at least on a yearly basis) and conservation work as needed. o In the event any portion of the Sculpture requires repair beyond the routine maintenance performed by KPB, the City agrees to make the necessary repairs within a reasonable period of time, subject to appropriation of funds. If KPB fails to maintain the Sculpture in a condition acceptable to the City, in its sole discretion, the City reserves the right to remove the Sculpture and return it to KPB, or dispose of the Sculpture if KPB refuses to take possession. • All other terms and conditions set forth in the Agreement are unchanged and remain in full force and effect. 1 "GOOD GAME" — Bronze Sculpture cia 4* , " . 4= a , , =''.!=41r44-''' 1 -h' #i #, a•5- C ^ri ?r- ,us.., *, *1' , b-. M ."* t,P, " + $xclt:e y f;t •r �'rk fi PAC:, e: , r* 3 u -p .. 1G' f * J. _•_ .. # * r i .w.eaxw-..... ...i { hi.v 5 04.+ k v. ` , Vi '' : � , . 77 Item -VII-J.6 ORDINANCES/RESOLUTIONS ITEM#66027 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to MODIFY and EXTEND the date for satisfying conditions re the closing a portion of an unimproved right-of-way, known as Circle Lane 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 1 AN ORDINANCE 1) MODIFYING A 2 CONDITION AND 2) EXTENDING THE DATE 3 FOR SATISFYING THE CONDITIONS IN THE 4 MATTER OF CLOSING A 5,573 SQ. FT. 5 PORTION OF AN UNIMPROVED RIGHT-OF- 6 WAY KNOWN AS CIRCLE LANE 7 8 WHEREAS, on December 9, 2014, the Council of the City of Virginia Beach 9 acted upon the application of Thomas C. McKee and Lisa D. McKee (collectively, the 10 "Applicant"), for the closure of an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle 11 Lane between Cedar Point Road and Hill Road; 12 13 WHEREAS, City Council adopted an Ordinance ORD-3387D to close the 14 aforesaid right-of-way, subject to certain conditions being met on or before December 8, 15 2015; 16 17 WHEREAS, on November 5, 2015, the Applicant requested an extension of time 18 to satisfy the conditions to the aforesaid street closure action and, by Ordinance ORD- 19 3433F, City Council approved the extension until June 8, 2016; 20 21 WHEREAS, while satisfying the conditions, a question arose as to the necessity 22 of a 20' wide drainage easement required in Condition 2 by Ordinance ORD-3387D; 23 24 WHEREAS, staff determined that Condition 2 should be modified to omit the 25 stated width of the drainage easement; 26 27 WHEREAS, on May 25, 2016, the Applicant requested an additional extension of 28 time to satisfy the conditions of the aforesaid street closure, including modified 29 Condition 2 as stated herein; 30 31 WHEREAS, staff recommends that an additional six (6) month extension be 32 approved. 33 34 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 35 Beach, Virginia: 36 37 1. That Condition 2 is hereby deleted and replaced with the following: 38 39 "2. The Applicant shall resubdivide the property and vacate internal 40 lot lines to incorporate the closed area into the adjoining parcels. Said 41 subdivision plat shall substantially conform to Exhibit A attached to the 42 Ordinance, and must include the dedication of a 20 foot wide (or less, if a 43 lesser width is deemed sufficient by the Department of Public Works) 44 drainage easement within the right-of-way closure area, subject to the 45 approval of the Department of Public Works and the City Attorney's Office, 46 which easement shall include a reasonable right of ingress and egress. 47 The plat must be submitted and approved for recordation prior to final 48 street closure approval." 49 2. That the date for meeting Conditions 1, 3, 4 and 5 of the street 50 closure, as stated in the Ordinance adopted on December 9, 2014 (ORD-3387D), 51 and modified Condition 2, as stated herein, is extended to December 8, 2016. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on this 7th day 54 of .Tune , 2016. 55 56 GPIN: Right-of-way/ No GPIN assigned 57 Adjacent to GPINs: 2418-67-2070 and 2418-67-2141 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: G11 1-kms 410 -.. `. "1 City Attorney . ning Depa m- t 11, CA13608 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\DO12\P016\00060960.DOC R-1 May 31, 2016 2 2 . en - 78 Item -VII-J.7 ORDINANCES/RESOLUTIONS ITEM#66028 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH a Capital Project, "Correction Center Generator Replacement Grant"and ACCEPT,APPROPRIATE and TRANSFER the Grant re replacement of a generator at the Correction Center 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 3- 2 210, "CORRECTION CENTER GENERATOR 3 REPLACEMENT GRANT," TO ACCEPT AND 4 APPROPRIATE GRANT FUNDS AND TO TRANSFER 5 FUNDS FOR THE REPLACEMENT OF A GENERATOR AT 6 THE CORRECTION CENTER 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 The FY 2015-16 Capital Improvement Program is hereby amended as follows: 12 13 1. CIP 3-120 "Correction Center Generator Replacement Grant" is hereby 14 created; 15 16 2. $398,744 from the Federal Emergency Management Agency is hereby 17 accepted and appropriated, with estimated federal revenue increased 18 accordingly, to CIP 3-120; and 19 20 3. $132,615 is hereby transferred from CIP 3-056 "Public Safety Equipment 21 Replacement Project" to CIP 3-120. 22 7th 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day 24 of June , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0 Budget and Management Services Ci y A ey' . ,ice CA13748 R-1 May 20, 2016 79 Item-VII-J.8a/b ORDINANCES/RESOLUTIONS ITEM#66029 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re Sheriffs Office: a. APPROPRIATE and TRANSFER$988,125 re additional medical contract expenses and annual and sick leave payouts ** b. AUTHORIZE a part-time position re assist in workload management 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None **COUNCILMAN MOSS VOTED VERBAL NAY ON ITEM 8b June 7, 2016 1 AN ORDINANCE TO TRANSFER ADDITIONAL 2 FUNDS TO THE SHERIFF'S OFFICE FY 2015-16 3 OPERATING BUDGET AND TO AUTHORIZE A 4 PARTIAL FULL-TIME EQUIVALENT POSITION 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 1. That $988,125 is hereby transferred to the FY 2015-16 Operating Budget of the 10 Sheriff's Office to fund additional medical contract expenses and annual and sick 11 leave payouts from the sources listed below: 12 13 a. $517,203 from Reserve for Contingencies within the Sheriff's Department 14 Special Revenue Fund. 15 16 b. $470,922 from the General Fund Reserve for Contingencies to the 17 Sheriff's Department Special Revenue Fund. 18 19 2. That a Part-time 0.60 FTE position is established to assist in workload 20 management. Adopted by the Council of the City of Virginia Beach, Virginia on the 7thday of June , 2016 Approved as to Content: Approved as to Legal Sufficiency: c79 CC (DCC Budget and Management Servic-s City +• ey's Office CA13753 R-2 May 27, 2016 80 Item-VII-J.9a/b ORDINANCES/RESOLUTIONS ITEM#66030 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance re Department of Housing and Neighborhood Preservation: a. APPROPRIATE and TRANFER$172,697 within the FY2016-2017 Operating Budget b. AUTHORIZE full time equivalent positions 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None June 7, 2016 REVISED VERSION 1 AN ORDINANCE TO TRANSFER FUNDS AND TO 2 AUTHORIZE THREE FULL-TIME POSITIONS FOR FY 2016- 3 17 IN THE DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) That $172,697 is hereby transferred within the Department of Housing and 10 Neighborhood Preservation's FY 2016-17 Operating Budget; 11 12 2) That three full time equivalent positions are hereby established in the 13 Department of Housing and Neighborhood Preservation's FY 2016-17 14 Operating Budget; and 15 16 3) This ordinance shall be effective July 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of June 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: U.A/L, LA 6/v.9j Budget and Management Service Cif.- rney's Office CA13754 R-2 June1, 2016 81 Item—VII-K PLANNING ITEM#66031 1. DACOR,LLC SUBDIVISON VARIANCE 2. OCEAN RENTAL PROPERTIES,LLC ALTERNATIVE COMPLIANCE 3. BEACH BOROUGH DEVELOPMENT,LLC MODIFICATION OF A NONCONFORMING USE 4.KING FARMS,LLC MODIFICATION OF PROFFERS 5. PHIL BONIFANT MODIFICATION OF CONDITIONS and CONDITIONAL USE PERMIT 6.DIRECT INDEPENDENCE GROUP,LLC CONDITIONAL CHANGE OF ZONING 7. FARMHOUSE,LLC CONDITIONAL CHANGE OF ZONING and CONDITIONAL USE PERMITS 8. VIRGINIA BEACH TRAVEL SOCCER CONDITIONAL USE PERMIT and FLOODPLAIN VARIANCE 9.LEONARD ALUMINUM BUIDLINGS,INC. CONDITIONAL USE PERMIT 10. JOSPEH J.ARZILLO CONDITONAL USE PERMIT 11.BRENTON RODGERS CONDITIONAL USE PERMIT 12. CITY OF VIRGINIA BEACH AMEND SITE PLAN ORDINANCE AMEND CITY ZONING ORDINANCE MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#4 ITEM#6 WILL BE DEFERRED TO JULY 12,2016 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 ITEM#8a/b WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#8 MAYOR SESSOMS WILL ABSTAIN ON ITEM#11 ITEM#12a WILL BE DEFERRED FOR 30 DAYS June 7, 2016 82 Item-VII-K PLANNING ITEM#66032 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Item 1, 2, 3(MAYOR SESSOMS ABSTAIN), 4(DAVENPORT ABSTAIN), 5, 6(DEFER TO JULY 12, 2016 and MAYOR SESSOMS ABSTAIN), 7a/b, 9, 10, 11 (MAYOR SESSOMS ABSTAIN)and 12a(DEFER 30 DAYS)/b 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 June 7, 2016 83 Item—VII-K.1 PLANNING ITEM#66033 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, DACOR, LLC for a Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations re subdividing a lot at Ferry Point Road and West of Indian River Road DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DACOR,LLC for a Subdivision Variance to Section 4.4(b)of the Subdivision Regulations re subdividing a lot at Ferry Point Road and West of Indian River Road(GPIN 1456097091) DISTRICT 1—CENTERVILLE The following conditions shall be required: 1. The property shall be subdivided and developed in substantial compliance with the submitted Subdivision Plan. 2. To provide visual and physical separation, a minimum of Category 1 Landscaping Screening shall be planted on Lot 6A-1, adjacent to and for the width of the front lots of Parcels 6B and 6C. 3. Fencing on Lot 6C shall not extend beyond the front façade of the proposed single- family dwelling. Fencing on Lot 6A-1 shall not extend eastward beyond the rear lot line of Lot 6C. 4. To provide visual separation between lot 6A-1 and the lot to the north, the driveway shall be set back a minimum of five (5) feet from the northern lot line. Medium canopy trees shall be planted in this setback for no less than the first 120 feet of the lot. 5. Address placards for the duplex dwelling units proposed on Lot 6A-1 shall be located no further than twenty (20)feet from the improved surface of Ferry Point Road. Said placards shall be mounted on sturdy residential materials and be visible from the public right-of-way at all times. 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 Seventh day of June, Two Thousand Sixteen. June 7, 2016 84 Item—VII-K 1 PLANNING ITEM#66033 (Continued) 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 June 7, 2016 , , , . .1,,,, , ' \ 0/ _.,,, c.,/: \ - , ,,_ 4, „ , t A., , . -, ' L-,....j ''''''''). I ' , ,,,/ ------/ ::..' /-----..,,,, i - '1, ------ _ , ,..... ,,,,, ..' , '....'-' '. / ,,':' •:4-1 ' ,../------/, ,, r 0' ..4-'.„2,,..... '' i....., , . / , :' / 441 •464%—‘" ''' „,„‘o.„''',.' ,. . ,' ***•%, - ,,.44', ifit**t ii, -- . , /,f, ..., %1; / / : :7'11' / .' ...` ,.,"..„, 0 .. i . r , . /, , ' , / , , , , , , , , ' .. , , /•, -,,,, , ... /., I .._ , --.. , 0' , A = ,...._ , ( ? / - , , 4 ',.. ,. ' ''`4'45! .. -.. C:1 / / 2:r,,,,,,, r..,, I 1.1 11'' i , . . .. /.. ' 1, t' ,, r I / '`- "4 I''''' f' ittrAA 1 )-- .. .4.' 1 4 / ' / . ,, , ' , ', -.. _ .,... ,..... , „..,40..c , ... , / , ,„.. , / 1 / I t . / ). ,/ / i',eirIk. 1._____,,.. , i / ;1.,„,..,_ , ,' -,:e* 1 -. 1 , , -...... / , '''' // , 1 _ lz,„„- b ,..„. „,,,,r,.' „, .>,-..,. .....1-::,-- ... , , .,,,.. , r / / f.„....4r I ,. *:,,..-44 '41:444.11,0,,,,,.0.",,,'•>,....., , ,, ,....,,..*..7_,7- , / .:,.....,..„.„,.„...„.... ..„.. / .,,.... , -4 ,,,..7.. ,.... / , , / ., „ . .„, /. „...„..„...,....,..„,..., , , / , ce 1/ / 1 , , /' /---,,, , , I. 85 Item—VII-K.2 PLANNING ITEM#66034 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, OCEAN RENTAL PROPERTIES, LLC for a Special Exemption for Alternative Compliance to the Oceanfront Resort District Form-Based Code re row houses and a detached house at 514 and 528 2151 Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OCEAN RENTAL PROPERTIES, LLC for a Special Exemption for Alternative Compliance to the Oceanfront Resort District Form-Based Code re row houses and a detached house at 514 and 528 21st Street (GPINs 2417988073; 2417977929) DISTRICT 6—BEACH The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown for lot 26A on the Exhibit titled, "PLANTING LAYOUT, 21ST DEVELOPMENT" dated 04/05/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawings titled "21st Street Towns Duplex," dated 2/8/2016, and "LPS-1387" dated 9/4/2014, as drawn by J Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation and at any time of maintenance or replacement, the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT, 21ST DEVELOPMENT " dated 04/05/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 4. A Subdivision Plat shall be submitted to the Planning Department /Development Services Center as part of Site Plan review. Said Plat shall show the removal of any interior lot lines, private pedestrian access easements, and the dedication of two (2) feet along the southern lot line to the City of Virginia Beach. 5. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 20`h-1/2 Street as further required by Public Works Traffic Engineering, Landscape Management, the Strategic Growth Areas Office and the Development Services Center as part of Development Site Plan review. 6. Any existing curb-cut/driveway access located on 21st Street shall be removed. 7. The patios of the row house units and the driveway of the rear unit shall be constructed of permeable pavers. The driveway runners may be paved. June 7, 2016 86 Item—VII-K.2 PLANNING ITEM#66034 (Continued) 8. All landscaping must be maintained in good health. All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the Plans referenced by Condition 1. All replacement landscaping shall be approved by the City Landscape Architect for consistency with the Conditioned Plan. 9. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 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 Seventh day of June, Two Thousand Sixteen. 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 June 7, 2016 II ti g 1 \ ' ii 1 4 , i. I 4 !1 41 li 1 __� 1I _Ia l .c II.------ \ ‘ t k _____--- I !,i1 11 — I !_. '! I! �4 — 4 5_____.— ----- i 4 !4 Im�—.-- �4g 41. • 1' �E 4!4i 4 ,,__ — ,,, 11 4 1 II II iii'l4I4' 4i — 4 1\14 7,,_,.. 0 TO 4 I 1�—_ _] 1y l ! i r _ \ 11 4 � ,,. g 4 it �—"ti �^ , li ,ice 4 � _ c4 4 ■ ,,,r„.,,, xis _0 ,4 1. _-- 44 4 s r �� 41 44 k; < ------ I mf'r _ 4 4 �" 4 -VS 4-------- ___—.' ,* t, '.,,-.--4,-,P,A.,-,,f4.1-..-----14v,-,3,.4'-',1','-' 4-'4.'",'/,'-'.',-,,, \ ....— - ro * �£ ""' .,-341-,,,,-,!, mss '* k,' 1 #moi y, �� 4 ,:..t,...02'3',:04-i'7,1:"-.- .gyy ,.y....--1 a ��t - * a°r k '' h. r , -$ • x "ti*1• � :`*n^ `' Lam' t— w u £ �� *4� �4� 4 4" � "° 1�'1a t Ci------ � 141 '` '4 � _� � *� 4 t -'x' �€. -. ___-N„-,— �- 1110 ' a� � ) II mss „ -,s� '' , 41,-,,,,,,,,.. ' 87 Item—VII-K.3 PLANNING ITEM#66035 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of BEACH BOROUGH DEVELOPMENT, LLC for a Modification to a Nonconforming Use re change a four-unit building to three units within two buildings at 403 33'd Street DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BEACH BOROUGH DEVELOPMENT, LLC for a Modification to a Nonconforming Use re change a four-unit building to three units within two buildings at 403 33'd Street (GPIN 2418924767)DISTRICT 6—BEACH The following conditions shall be required: 1. No more than three units shall be permitted on the site. 2. The site shall be redeveloped in accordance with the submitted drawing entitled, "Non-Conforming Use Exhibit For Beach Borough, LLC, " prepared by Pinnacle Group Engineering, Inc., and dated 04/21/2016, which has been exhibited to the City Council and is on file in the Planning Department, with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10)feet. 3. When the structures are constructed, the Architectural Design shall be as depicted on the elevations entitled, "33rd Street Duplex," and "33rd Street Cottage,"prepared by J. Bengston, dated 04/27/2016 and 11/20/2015 respectively, which have been exhibited to the City Council and are on file in the Planning Department, with the exception that the duplex units shall have one and one-half car garages. 4. Improvements to the 33rd 1/2 Street Alley, as required by the Department of Public Works, shall be installed and may include, but are not limited to,pavement widening, installation of curb and gutter and drainage improvements. 5. A Landscape Plan shall be submitted during final Site Plan review that strategically places plant material to aid in reducing the scale and mass of the project. Said Planting Plan and species shall be subject to approval of the Development Services Center Landscape Architect. 6. As a means of reducing impervious surfaces, the driveway for Unit B of the duplex shall be either constructed with a permeable pavement system or constructed with driveway runners (two strips that lead to the 18 foot x 18 foot parking pad). 7. No mechanical equipment shall be located between the front façade of the duplex and 33rd Street. Said equipment shall be screened with plant material so as not to be visible from 33rd Street. 8. Setbacks shall be as depicted on the exhibit referenced in Condition#2 above, with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10)feet. June 7, 2016 88 Item—VII-K.3 PLANNING ITEM#66035 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of June, Two Thousand Sixteen. 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 June 7, 2016 I '1 I 1. 1 i I'i .III III I1 1 I i� 111 III 111 I 1.\\,, I 1 1 it I 1! XI �I �I �II II I 1 II i I I II 1 4 II I11I III 1 II .III �� I it l II it '''-',,-1-''' \ 1 i 4y til s w.� ay v3i 3 2 .1-— ..+».'" {.2\° fie# y 0\ 0 +U' 0 n •� IIII ��,,,x e^ till x r,P r &, a �4 em' . iii2:::•;'ii::;-'::-";3.fi:::":1:1,.:;;,":, 4 y ',,,,,,,--7„,,,,,,4,-;,,,574,,,.., .. ','71,,,,i - --- opil 1.i.;,,,,i- -_...4i3i-k14V44.;:tr,% _,.. ...-,41,-fi'.:--4A, C --0.: , 'ce s n. a :. a"rhi ti n SIG 'Y- .,',` - . % 'gra GAtAIA'$FAc 4 City of Virginia 1 beach 1.14. 19,r 445' of OUR NAZ10N VBgov.corn 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 @ vbgov.com In Reply Refer to 0058079 June 7, 2016 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 Beach Borough Development, LLC for a modification to a nonconforming use (change of a four-unit building to three units within two buildings: one duplex and one single-family dwelling) for property located at 403 33`d Street. 2. The applicant has disclosed that TowneBank provides financial services with respect to this development. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, 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- June 7, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, 11/11//%1#%—.--- illiam D. Sessoms Mayor WDS/RRI 89 Item—VII-K.4 PLANNING ITEM#66036 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED as PROFFERED and CONDITIONED, BY CONSENT, Application of KING FARMS, LLC/PAMELA and STEVEN GRAY for a Modification of Proffers of a Conditional Change of Zoning(approved March 3, 2015) re adjustments of the front yard setbacks at 2852 and 2876 West Neck Road DISTRICT 7— PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KING FARMS, LLC/ PAMELA and STEVEN GRAY for a Modification of Proffers of a Conditional Change of Zoning (approved March 3, 2015) re adjustments of the front yard setbacks at 2852 and 2876 West Neck Road (GPINs 1493969675; 2403056472; 1493959189; 1493966386; 2403048740) DISTRICT 7— PRINCESS ANNE The following condition shall be required: An Agreement encompassing Amended Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of June, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: 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 Abstaining: M. Benjamin Davenport Council Members Absent: None June 7, 2016 109.1.7.1"w" 4 • A V V .44, ir,\00 ,iaz 4tv., ih, dr Xe, 4"4444FAVAt''We .......... .....,,, 4' 41:10 Vola„ ,044k 4lik 6 ) c9' Iv w ,.*lir ir• Alt 4,r,A4: ----, , Z____/- f IX ir t ' ° , lairpo A . e.4- 4:4111,V1,..! e. 0 , . 1pIl v,i.,,....i.,... „, ,„,,,,,„ .....2.,„ 0 . , ---, .... ,..47:7 yr 0 it cli A ;i7r,ZI a . 9 • \N\ C4 I 44 0, Nnli '4' 0 1 CNI 1 • a. NOV —I . • Z tr- . 0 ci 0 ed C,D. „- m'V 111(• coot. Q l.) wQ. r., 1111( vi- ...Ai 1;"! — 14 *,.J.4 , v1r4rAr", 4:11:7* ski;14', i ,...... • - vt L- ii. •.6%. -..„, ogre ,-.4. 4\VA/1;A of ( . N 4 '.1te *-.4 0:v am, AL'' -'i lb /IC 'N1S0040061., - , All 1,44.,, 'Th•wr 4411• 7, it't 411. 4111111.1* i3O ° 1p s- rAlpf Re— , ,, • w, ,Lr 41;ir , r ' I 1 ' 41 0 % < i a vow , 1 I 40 14r. Cs\SIA•BF 44; E-:::. CITY OF VIRGINIA BEACH ., ('Al `" p;a INTER-OFFICE CORRESPONDENCE • c __ vii Oy `F_S.FY- ,:- �l 4' `gy s% S OF SUR NPti�N In Reply Refer To Our File No. DF-9544 DATE: May 25, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: King Farms, LLC — Modification of Conditions The above-referenced modification to conditional zoning application is scheduled to be heard by the City Council on June 7, 2016. I have reviewed the subject proffer agreement, dated January 20, 2016 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. B KW/ks Enclosure cc: Nancy L. Bloom FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS KING FARMS, LLC, a Virginia limited liability company PAMELA K. GRAY and STEVEN A. GRAY, her husband TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of January, 2016, by and between KING FARMS, LLC, a Virginia limited liability company, party of the first part, Grantor; PAMELA K. GRAY and STEVEN A. GRAY, her husband, parties of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 151.70 acres which are designated as Parcels 1, 2, 3 and 5 and described in Exhibit"A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the second part is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 6.33 acres and designated Parcel 4 and described in Exhibit"A"hereto; and WHEREAS, the party of the first part as the contract purchaser and owner of the five (5) parcels described in Exhibit "A", which are hereunder referred to as the "Property", has requested Grantee to permit this modification of the previously proffered Covenants, GPIN: 1493-96-9675 2403-05-6472 1493-95-9189 1493-96-6386 2403-04-8740 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 Restrictions and Conditions dated September 30, 2014 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150305000186570 (hereinafter the "2014 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantors that with the exception of the modifications and amendments set forth herein, the remaining proffers as set forth in the 2014 Proffers are ratified and reaffirmed. 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 WHEREAS, the Grantors acknowledge that 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 Grantors' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have 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 Grantors, their 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 quid pro quo for zoning, rezoning, site plan,building permit, or subdivision approval, hereby make the following amendments to the declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which, along with the unchanged 2014 Proffers shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. Proffer numbered 9 as contained in the 2014 Proffers is hereby deleted and replaced with the following amended Proffer number 9: 9. The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 30 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 40 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 8o feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 8o feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front 3 yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback io feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 8o feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (1) minimum lot width 8o feet (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% 4 An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5') from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (50%) opaque and not greater than five feet (5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. 2. With the exception of Proffer numbered 9 as hereby amended, all of the proffered covenants, restrictions and conditions set forth in the 2014 Proffers are unchanged, ratified and affirmed. 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, 5 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. 6 WITNESS the following signature and seal: Grantor: King Farms,LLC,a Virginia limited liability company Byc4:TY / ' ` (SEAL) Pamela K.Gray,Managing ember STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 29th day of January, 2016, by Pamela K. Gray, Managing Member of King Farms, LLC, a Virginia limited liability company,Grantor. --)6(41),11 Notary Public Nf/� �. H• �lilc'•. My Commission Expires: August 31,2018 0 :15 Notary Registration Number: 192628 wile Vatsr Vit;;;Is 7 VVI TNESS the following signatures and seals: Grantors: GanALL,(- Ai4 (SEAL) Pamela K. Gray Al L(/ 1/ 00..'`'cf (SEAL) Steven A.Gray STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 29th day of January, 2016,by Pamela K.Gray and Steven A.Gray,her husband,Grantors. ../11n:thl /h ---Th ' ''( /7 r0 Notary Public My Commission Expires: August 31,2018 •. Notary Registration Number: 192628 +, r S•, Lim- lb,Pignistev : 04 .wine »mss 8 EXHIBIT "A" PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known and designated as "PARCEL B", as shown on that certain plat entitled "SUBDIVISION OF PROPERTY KING FARMS, LLC M.B. 1 P. 1 VIRGINIA BEACH, VIRGINIA", dated February 17, 2006 and revised April 26, 2007, made by Bonifant Land Surveys, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070605000761300. GPIN: 1493-96-9675 PARCEL 2: ALL THAT part and portion of a tract of land which lies and is on the South and East side of the division line made by E.E. Burroughs, County Surveyor,between the said Calvin C.Upton and the other party in interest and as shown on a plat of said land in red ink, which division line commences at a stake or post on a road in front of a tenant house on Reuben Fountain's land, formerly occupied by one Bartee Walke, which stake stands and is planted at a point North 67 degrees West 15 chains and 95 links from a station on said survey on said road, which said station is North 181/2 degrees West 190 from a line gum at said road in the line between said land and that of Reuben Fountain near a bridge across said road at Woodhouse Corner on said Road, and thence running from said stake or post North 401/2 degrees East 3450-across said farm and tract of land to the back line thereof, and containing 75 acres 3 roods and poles (75 A. 3R. and 5P) and being the Southern and Eastern portion of the tract of land which was divided between John T. Woodhouse and wife and Calvin C. Upton and wife by deed of partition dated February 28, 1900, and of record on Page 463 of Deed Book 69 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia; together with all the buildings and improvements on said property and the appurtenances thereunto belonging. Expressly excepting from the above described property one (1) acres, more or less, previously conveyed to F.E. King et ux, by deed dated May 25, 1856, and of record in the Clerk's Office of the City of Virginia Beach, Virginia, in Deed Book 456, at Page 527, and more particularly bounded and described as follows: Beginning at the northerly side of the West Neck Public Road at the dividing line of the property of F.E. King and the property herein conveyed; thence in an easterly direction along the northerly side of the West Neck Road one hundred seventy (170) feet to a stob; thence in a northerly direction three hundred fifty (350) feet to a stob; thence in a westerly direction seventy-one (71) feet to a stob in the easterly line of the property of F.E. King; thence in a southerly direction along King's line 368.5 feet to a stob in the northerly side of West Neck Road, the point of beginning, containing approximately one (1) acre. GPIN: 2403-05-6472 9 PARCEL 3: ALL THAT certain tract, piece or parcel of land situate, lying and being in Seaboard Magisterial District, Princess Anne County, Virginia, and more particularly described as follows: Beginning on the northerly side of the West Neck Public Road at the dividing line of the property of F.E. King and the property herein conveyed; thence in an easterly direction along the northerly side of the West Neck Road one hundred seventy (170) feet to a stob; thence in a northerly direction three hundred fifty (350) feet to a stob; thence in a westerly direction seventy-one (71) feet to a stob in the easterly line of the property of F.E. King; thence in a southerly direction along King's line 368.5 feet to a stob in the northerly side of West Neck Road, the point of beginning, containing approximately one(i) acre. GPIN: 1493-95-9i89 PARCEL 4: ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known and designated as "PARCEL A", as shown on that certain plat entitled "SUBDIVISION OF PROPERTY KING FARMS, LLC M.B. 1 P. 1 VIRGINIA BEACH, VIRGINIA", dated February 17, 2006 and revised April 26, 2007, made by Bonifant Land Surveys, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070605000761300. GPIN: 1493-96-6386 PARCEL 5: 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, designated and described as "RESIDUAL PROPERTY TO BE ACQUIRED (4,668 SQ. FT., 0.107 AC.)", also described as "RESIDUAL PROPERTY TO BE ACQUIRED 4,668 (SQ. FT.) 0.107 (AC.)", as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM EMMA SMITHSON FOUNTAIN BY CITY OF VIRGINIA BEACH FOR WEST NECK ROAD CIP 2- 502 PARCEL 017 VIRGINIA BEACH, VIRGINIA", Scale 1" = 40', dated June 23, 2011, prepared by WPL, said plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20120817000932930, to which reference is made for a more particular description. ALSO DESCRIBED AS: ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PROPERTY OF CITY OF VIRGINIA BEACH 2403-04-8740 (INST 20120822000954960) (INST 20120817000932930)" as shown on that certain plat entitled "PLAT SHOWING PROPERTY OF THE CITY OF VIRGINIA BEACH TO BE CONVEYED TO KING FARMS, 10 LLC VIRGINIA BEACH,VIRGINIA", Scale 1" = 40', dated March 27, 2013, prepared by WPL, said plat duly recorded in the aforesaid Clerk's Office as Instrument Number 20130612000677160, to which reference is made for a more particular description. SUBJECT to that permanent right and easement, designated and described as "VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT HEREBY ESTABLISHED (4,668 SQ. FT. 0.107 AC.)" and also described as "VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT HEREBY ESTABLISHED 4,668 (SQ. FT.) 0.107 (AC.)", said easement being established by and shown on the aforesaid plat. SUBJECT TO that temporary right and easement to use the additional area designated and described as "VAR WIDTH TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED (4,668 SQ. FT. 0.107 AC.)" and also described as "VAR. WIDTH TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED 4,668 (SQ. FT.) 0.107 (AC.)", said easement being established by and shown on the foresaid plat, and for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the City of Virginia Beach accepts the work as being completed. GPIN: 2403-04-8740 H:\AM\Mod of Proffers\King Farms\ist Amendment to Proffers.doc 11 J14Gi��'$EAc'S'L 'c r City of Virginia Beach 99+6, 5 0� Op OUR NASION VBgov.com M.BENJAMIN DAVENPORT COUNCILMAN PHONE: (757)425-6611 AT LARGE BDAVENPO@VBGOV.COM In Reply Refer to 0058111 June 8, 2016 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: I would like to make the following disclosure: 1. I am making this disclosure regarding City Council's discussion and vote on the application of King Farms, LLC for a modification of proffers to a conditional change of zoning approved by City Council on March 3, 2015 for property that is located at 2852 and 2876 West Neck Road and is owned by King Farms, LLC and Pamela and Steven Gray. 2. Davenport Management Company may at some point in the future have an interest in purchasing this property. 3. I have a personal interest in Davenport Management Company, which is located at 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451. 4. I wish to disclose this interest, and I abstained from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance. 1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- June 8, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, 11 M. Ben Davenport Councilmember MBD/RRI 90 Item—VII-K.5 PLANNING ITEM#66037 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED,BY CONSENT,Application of PHIL BONIFANT for a Modification of Conditions to a Conditional Use Permit re a "Country Inn" (approved December 9, 2003) and an assembly use at 2244 and 2252 Indian River Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PHIL BONIFANT for a Modification of Conditions to a Conditional Use Permit re a "Country Inn" (approved December 9, 2003) and an assembly use at 2244 and 2252 Indian River Road (GPINs 2403419483; 2403418534) DISTRICT 7-PRINCESS ANNE The following conditions shall be required: 1. The conditions of the Conditional Use Permit approved by the City Council on December 9, 2003, shall be replaced with the conditions below: a. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for the additional guest room and the additional Assembly Use on the site. b. All applicable permits shall be obtained from the Planning Department, Permits and Inspections Division,for the expansion of the open-air Pavilion (labeled "Pole Barn" on the submitted Site Plan referenced in Condition 6 below). c. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. d. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. e. The site shall be developed and operated in substantial adherence to the submitted Site Plan entitled "PHYSICAL SURVEY PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS, VIRGINIA BEACH, VIRGINIA," dated January 17, 2016, and prepared by Bonifant Land Surveys. Said Site Plan has been displayed to the City Council and is on file with the Planning Department. f The Country Inn shall be limited to three(3)guest rooms. g. Food and beverage service shall be full breakfast service, seven (7) days per week,plus complimentary snacks and beverages. Food and beverage service is limited to guests only; and, in no event shall seating capacity exceed twenty-five (25)persons, including lodging guests. h. There shall be a Parking Attendant provided at each wedding, party or similar gathering being held on site to direct guests where to park and to assist guests entering and exiting the site. All parking shall be on site. June 7, 2016 91 Item—VII-K.5 PLANNING ITEM#66037 (Continued) i. There shall be no additional signage permitted on the site. j. There shall be no weddings,parties, or other similar events between the hours of 10:00 PM and 12:00 PM(Noon). k. There shall be no amplified music permitted outside between the hours of 10:00 PM and 12:00 PM(Noon). 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 Seventh day of June, Two Thousand Sixteen. 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 June 7, 2016 , C4 , < It \ \\ N:,,,., . , I \ ILD ____,--------11 r-- 11 :,,,, 1 E J / r-1 L.- 1111 .3-1 ti,s If \ J 11 7:73 6 ,.---1 ''. ---- r LI I CS41 ;:l cosi IILD I 0 IOC VW ik 140 g ICC rii 7 Qs Li 0 Ci ir hi' fl a, Pi .it -''Joi oim a 0 Ej i ffP m .......,_,_,...._,.... ....4— 92 Item—VII-K.6 PLANNING ITEM#66038 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO JULY 12, 2016, BY CONSENT, Application of DIRECT INDEPENDENCE GROUP, LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District at 449, 457 and 465 Independence Boulevard DISTRICT 2-KEMPSVILLE 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 June 7, 2016 01A-BE.40 City of Vir iriia Beach y r Op OUR NAT10N5 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 In Reply Refer to 0058076 FAX(757)385-5699 wsessoms@vbgov.com June 7, 2016 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 Direct Independence Group, LLC for a conditional change of zoning from 0-2 Office District to Conditional B-2 Community Business District for property located at 449, 457, and 465 Independence Boulevard. 2. The applicant has disclosed that TowneBank is one of its services providers. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, 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. Sincerely, illiam D. Sessoms Mayor WDS/RRI 93 Item—VII-K 7a/b PLANNING ITEM#66039 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, as CONDITIONED and PROFFERED, BY CONSENT,Application of FARMHOUSE,LLC—DISTRICT 2 KEMPSVILLE a. Conditional Change ofZonin.from 0-2 Office District to Conditional B-2 Community Business b. Conditional Use Permits re craft brewery, assembly use and open air market at 1805 Kempsville Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of FARMHOUSE,LLC—(GPIN 1455922961)DISTRICT 2 KEMPSVILLE a. Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business b. Conditional Use Permits re craft brewery, assembly use and open air market at 1805 Kempsville Road The following conditions shall be required: Conditions for Craft Brewery: 1. No more than three(3) units shall be permitted on the site. 2. The site shall be redeveloped in accordance with the submitted drawing entitled, "Non-Conforming Use Exhibit For Beach Borough, LLC," prepared by Pinnacle Group Engineering, Inc., and dated 04/21/2016, which has been exhibited to the City Council and is on file in the Planning Department, with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10)feet. 3. When the structures are constructed, the Architectural Design shall be as depicted on the elevations entitled, "33rd Street Duplex," and "33rd Street Cottage, " prepared by J. Bengston, dated 04/27/2016, and 11/20/2015, respectively, which have been exhibited to the City Council and are on file in the Planning Department, with the exception that the duplex units shall have one and one half-car garages. 4. Improvements to the 33rd %z Street Alley, as required by the Department of Public Works, shall be installed and may include, but are not limited to,pavement widening, installation of curb and gutter and drainage improvements. 5. A Landscape Plan shall be submitted during final Site Plan review that strategically places plant material to aid in reducing the scale and mass of the project. Said Planting Plan and species shall be subject to approval of the Development Services Center Landscape Architect. 6. As a means of reducing impervious surfaces, the driveway for Unit B of the duplex shall be either constructed with a permeable pavement system or constructed with driveway runners (two strips that lead to the 18 foot x 18 foot parking pad). June 7, 2016 94 Item—Vu -K.7a/b PLANNING ITEM#66039 (Continued) 7. No mechanical equipment shall be located between the front façade of the duplex and 33rd Street. Said equipment shall be screened with plant material so as not to be visible from 33rd Street. 8. Setbacks shall be as depicted on the Exhibit referenced in Condition #2 above, with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10)feet. Conditions for Assembly Use: 1. Two weeks prior to any event held on the property exceeding an attendance of 120 guests, to include but not limited to weddings,parties, gatherings,fundraisers, etc., the applicant shall notes the following City agencies:Police Department, Fire Marshal Bureau, Commissioner of Revenue, the Current Planning and Zoning Divisions of the Planning Department, and the Health Department. 2. Occupancy for any event shall be determined by the Fire Prevention Bureau and the Building Official's Office. 3. There shall be no amplified music permitted outside between the hours of 9:00 PM and 12:00 PM(Noon), or for more than three (3) hours in any one day. 4. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. Conditions for Open Air Market: 1. The use shall not be in operation 10:00 PM to 8:00 AM 2. The Open-Air Market shall be limited to the areas depicted on the submitted site layout as "Market Area"and "Market Pavilion. " 3. There shall be no less than one (1) trash receptacle per one thousand(1,000)square feet of sales area. All trash receptacles shall be regularly emptied so as not to overflow. Litter and debris shall not be allowed to accumulate. 4. In accordance with the Building Code, all temporary structures and furniture will be appropriately dissembled or removed when winds equal to or greater than sixty(60) miles per hour are expected. 5. All applicable requirements of the Health Department shall be adhered to at all times. 6. Merchandise, stalls or other materials shall not be stored outdoors when the Open- Air Market is not open for business. 7. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the 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 Seventh day of June, Two Thousand Sixteen. June 7, 2016 95 Item—VII-K.7a/b PLANNING ITEM#66039 (Continued) 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 June 7, 2016 / • • • \ ' . .., '• . . ' [ / ,,,, • . , .. \ 'N . IP. • ':; 1'7 -. " . ... ..' ' k ' • ...... .::....,, . \ e / • • • '7:1,1:1.;.... r. 1'ti ' t• \ \ ...Z.., , / \ # • . . . ,, „- • s , , . .., / ..• 111111..., --....... 4..---' \\\.N\ \.,... ''-.,./''' CI ' / .,„ _.5. ''.'•-• 4 \mole '' •.** \ ...., "". • -s..-....,. - !----11*.,- „,---'' (' . 7---1 ' •---,, -'-,, s* ' '. . - • „. \ ..,... . 1 1 1 •---,•--,,,,s,fr , - ' -- . . . . .,.., .d----.' '-,-11) `..% l • ..1? r-''' •\,, -\-, '',.-.` ,-- .----rs. ; .... ' , • ..,,„ .., .. . . .,. _. ..... ..., ....,,..„„ • ...-. „.,, • ..... , ,...,. .:.\ ,-., ... , ,, ...-..\\„ I, .. . X.,..,..... ..'..., . e. ., a) , ,... . , ,,.. . -4*,,g..6---0--:7,,,,,. •-,„.../., .. \,-,-. '..--•,,,J,L - ' ,, ..,....--..-, ,. „..„.. , ..,. . ..„. s., ••_,. ,„„ _,• .„...., :Y.., . • . . ....:). , , , • { ' \\•,,,b./ . '4:,..:4:7401.•,,,t6„ ,., •,. , , NI .,. .. • ( A. ,, • ..,„ • - • ., .. , ..._ ..„„. . . ......„.„,„-, ..- .,,, - ,-,• . '.4 ,1,',,,d ' ..., _ . ..,.• , .. . . , 1 . ../ .:::. r ri . A'-' -.-r's>. • .4- L-. ot. „.... , ,s ,,...r ,. ... • ... LiL.„_„, 1,.._,r_ " 1 j 1 , 0 _ ,.., _ c- '., i \ in- / .." k..,,1 \.,-- .....--- ..„7-7, 7 m,--- r in '/'- ,-„, i-," iii) .,---- .„ \ .,..., •-,*,,,.., „...„ . ...„..„..,,,„4„,„4„,.,:. ,,,,, (...'--.., ,-,-, .L.-- ---- '' , _- .„- , --1 • •-, ': .„.,-7,,,,,g4.- ta I - AIBEIT' cill I ,.'4031* t-'.1'*N.''‘'''''7':'. -A 'S. \ .., tg, n'44:-.,:l'Allf-'''' '''',IV.ft: r .., -' „ -'LL1 c'-"71 it t•2 0 "gt'''''''-- ' h--- 1'-‘,.„1:„0-;-.--,: .' ',. -- \ , ••.''''''.1!, 5.''' ''*', ....."'''' il, ,, ....0. 'N 4, „,,P4,:lii, ',...k,_,!4",;''''71-• i.'..”: --4-/- A .9.-• .... ,,„....... ''' ' ''r.,..4--:70;•Z4°{,--:"...1k,'16' -..• , --- , ...7,7„ ,, , ..e._I ,,,-- ,.., - ..-- ..,,, b, „...--- , .... ... ,..„.. ..„,.... --- - ---- ,- .%,„, ..„. .- , . \---- P:.,;14.:,%-„,• .. . r',„ '5 ,-f-7•-.-.-..,;?4'-' -' ‘114194-t'..',,, *i -- -4-,4„,• -,.----' •.-,,...,4-4,. _....,.L \--r--- ,..-...t'...._,..„,„.... ,21 .s..t..2/_.---'1 -,.„--,-• 1, " k Is,, 7--:::)',,A-•,,,._..-.,-.j.- ..., 4GlNIA•B.EAc pec,4 z ii:. it,,% Ao ,„ .1 ��- CITY OF VIRGINIA BEACH w , o;ry . INTER—OFFICE CORRESPONDENCE *4'SO` —°est—t�S 6 OF OUR NPS'O In Reply Refer To Our File No. DF-9555 DATE: May 25, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay n '-WilsoDEPT: City Attorney RE: The Farmhouse, LLC — Conditional Change of Zoning The above-referenced modification to conditional zoning application is scheduled to be heard by the City Council on June 7, 2016. I have reviewed the subject proffer agreement, dated April 20, 2016 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/ks Enclosure cc: Nancy L. Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT HIS AGREEMENT (this "Agreement"), made this a0 day of '(t` , 2016, by and between THE FARMHOUSE, LLC, a Virginia limited li bility company ("Farmhouse", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS,the Farmhouse is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1455-92-2961-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Farmhouse has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from 0-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Farmhouse acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which Farmhouses's rezoning application gives rise; and WHEREAS, Farmhouse has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by Farmhouse and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the GPIN No. 1455-92-2961-0000 28250962v2 Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, Farmhouse, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Farmhouse, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "CONDITIONAL USE PERMIT EXHIBIT FARMHOUSE BREWERY, 1805 KEMPSVILLE ROAD, VIRGINIA BEACH, VIRGINIA", dated March 8, 2016, and prepared by WPL (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed, the area of the Concept Plan labeled as "Future Parcel for Lease" (the "Outparcel") shall be developed as an eating or drinking establishment or for retail uses, and the following uses shall be prohibited on the Outparcel: automobile service stations; bars or nightclubs; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards; car wash facilities; commercial parking lots, parking garages, parking structures and storage garages; dormitories for marine pilots; liquor stores; mini-warehouses; mobile home sales; motor vehicle sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations; satellite wagering facilities; storage garages; and tattoo parlors. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 28250962v2 2 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. Farmhouse covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and(ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, Farmhouse shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of Farmhouse and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 28250962v2 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: THE FARMHOUSE, LLC, a Virginia limited liability company: By: - 71 Title '6nua STATE/COMMONWEALTH OF V I`C !Ni CITY/COON OF V I RG iN it 4j ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 2S1 day of Drj�F2{� , 2016, by Cpv , -l&j) t ti'i rr` , on behalf of The Farmhouse, LLC. He/she is either personally known to me or has produced V;f/1J!A -,9g.t tJe 7 's L,/Gi.T+S(: as identification. Witness my hand and official stamp or seal this 7 day of A1'-FZi L-- , 2016. ,owiullino l� Notary Public (SEAL) \�p,N. M. v� 'N0TAq'F'9 ''• My Commission Expires: h i, Registration Number: /2iF<CPue Qty?1 28250962v2 4 EXHIBIT A Legal Description of the Property ALL THAT certain tract, piece or parcel of land, with the appurtenances thereto belonging, situate, lying and being in the Kempsville Borough of the City of Virginia Beach, Virginia, being more specifically bounded and described as follows, to-wit: BEGINNING at a pin on the northwest side of Kempsville Road in the dividing line of the property hereby conveyed and now or formerly owned by Gomez, and from said point of beginning running North 48 degrees 40' 50" West, 571 feet to a pin; thence turning and running North 40 degrees 06' 52" East, 15.50 feet to a pin; thence running North 38 degrees 55' 51" East, 660.04 feet to a pin; thence turning and running South 47 degrees 55' 33" East, 595.03 feet to a pin on the northwest side of Kempsville Road, thence running along the northwest side of Kempsville Road around a curve to the left with a radius of 1385.00 feet, an arc distance of 53.15 feet to a pin; thence continuing along the said northwest side or Kempsville Road South 40 degrees 51' 43" West, 614.64 feet to the point of beginning. 28250962v2 5 96 Item—VII-K.8a/b PLANNING ITEM#66040 Linda Russell, 1212 Skylark Drive, Phone: 427-6481, spoke in OPPOSITION. Ms. Russell expressed concern regarding the increase in traffic on Buckner Boulevard. She suggested the Applicant relocate to Holland Road where the road can accommodate the increase in traffic. Edward Bourdon, Attorney for the Applicant, advised the business will bring minimal traffic during non- peak hours to Buckner Boulevard. This will strictly be an indoor practice facility and will no way negatively impact the surrounding neighborhood. Upon motion by Council Lady Kane, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, Application of VIRGINIA BEACH TRAVEL SOCCER/COLONIAL SELF- STORAGE,LP re Buckner Boulevard and Holland Road:DISTRICT 3-ROSE HALL a. Conditional Use Permit re indoor recreation b. Floodplain Variance BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA BEACH TRAVEL SOCCER/COLONIAL SELF-STORAGE, LP re Buckner Boulevard and Holland Road: a. Conditional Use Permit re indoor recreation b. Floodplain Variance (GPIN 1495062871)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled, "BEACH FC — INDOOR YOUTH SOCCER TRAINING FACILITY, CONCEPTUAL SITE PLAN,"prepared by Timmons Group, dated April 13, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The exterior of the proposed building, depicted on the Concept Plan, shall substantially adhere in appearance and materials to the Exhibit, entitled "PRELIMINARY ELEVATIONS FOR BEACH FC,"prepared by C.L.P. Jr. & Co. General Contractors and dated April 14, 2016. 3. A Photometric Plan shall be submitted at the time of final Site Plan review ensuring that any lighting for the parking area shall be shielded and directed downward to limit the amount of overspill outside the property's boundary. 4. A Landscape Plan shall be submitted at the time of final Site Plan review reflective of the plant material depicted on the submitted Site Plan referenced in Condition 1. In addition, the Landscape Plan shall include the required Category IV screening along the western property line, required street frontage landscaping along the Buckner Boulevard right-of-way and the required landscaping around the dumpster facility as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. June 7, 2016 97 Item—VII-K.8a/b PLANNING ITEM#66040 (Continued) 5. The variable width drainage easement that exists along the western property line shall be replaced with a fifteen (15-)foot wide drainage easement along the western property line, or as otherwise required by the Department of Public Works, as depicted on the Conceptual Site Plan identified in Condition 1 above. 6. Prior to final Site approval, the Concept Plan referenced in Condition 1 shall be submitted and reviewed by Public Works Engineering — Water Resources for compliance with all applicable requirements pertaining to the existing drainage easement. Final Site Plan approval shall not be issued until said Concept Plan is deemed acceptable by Public Works Engineering— Water Resources. 7. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 8. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight(8)feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign, "but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. 9. The site layout shall conform to all applicable requirements of Section 203 of the City Zoning Ordinance for off-street parking. 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 Seventh day of June, Two Thousand Sixteen. Voting: 9-1 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining Mayor William D. Sessoms,Jr. Council Members Voting Nay: Barbara M Henley June 7, 2016 S Vq 11Il ' \ '-'''''"''' e•A\q ,� Ana J \ Z m13 4., 1) 5L " is 'R 'SA') Pe. c 1 " - ILO r Col , . z \, \ 7— aka'* .V,g,I,.\\,,,,,,' , 11411,1,Fr y ,; -. °..."..' r ' ''''' } 4 s ` 4':,-"'* .- \ , w` \ \ Za, E j \ '-,,-'•' \ w, \ 1,,, \V , -"\\cil i -- r---— . `.-0 r`r —�—" —,;ti y ` 11'44•7.' ' ;V. t ',--'-`.-'-L'' itt,' 1 '., ''' r r s a 4 a 7. .- 1\ -4,-- 3 �`, � 'a% .,.,.ter , { w X11-°1.11A. 11-° .IA'$PAc�$' City of Vir iIiia I leach r '1945,6046 5 S Op OUR NA0°1k 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@vbgov.com In Reply Refer to 0058077 June 7, 2016 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 Virginia Beach Travel Soccer, Inc. for a conditional use permit (indoor recreational facility) and floodplain variance to Section 4.10.B.2 of the Floodplain Ordinance for property located on the north side of Buckner Boulevard, west of Holland Road. 2. The applicant has disclosed that it is discussion with three financial institutions, including TowneBank, to provide financial services with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, 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- June 7, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, �'t illiam D. essoms Mayor WDS/RRI c IIA•BFA,,� O rt -{ city I leach 794 0, 8 Op OUR NA�1ON5 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 @ vbgov.com In Reply Refer to 0058077 June 13, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Clarification: Virginia Beach Travel Soccer, Inc. Dear Mrs. Fraser: Last Tuesday, June 7, 2016, I provided you with a signed abstention letter regarding the application of Virginia Beach Travel Soccer, Inc. for a conditional use permit (indoor recreational facility) and floodplain variance to Section 4.10.B.2 of the Floodplain Ordinance for property located on the north side of Buckner Boulevard, west of Holland Road. I advised the Vice Mayor that I would abstain, and during the agenda review portion of the informal meeting that afternoon, he noted that he had a list of agenda items for which I was abstaining. That list included this item. During agenda review, it appeared that this item would be part of City Council's consent agenda and that the Vice Mayor would announce my abstention as part of his readout of the consent agenda in accordance with our normal course of conduct. After the informal session and shortly before the start of the formal session, I learned that a speaker had requested an opportunity to speak on this item. Accordingly, the item was removed from the consent agenda, the speaker was given an opportunity to be heard, and a vote on this item was conducted, with councilmembers pressing a button to electronically record their votes. I inadvertently hit the "aye" button instead of the "abstain" button, and the Clerk announced that the vote was ten in favor and one against. Immediately after the meeting, I advised the Clerk that I had pressed the wrong button. The summary of votes her office released the following day correctly noted that I abstained from the vote and that the actual vote was nine in favor and one opposed, plus my abstention. Mrs. Ruth Hodges Fraser -2- June 13, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Please include this letter of clarification in the minutes of the June 7, 2016 meeting, along with a copy of the abstention letter I gave to you prior to the formal meeting on June 7th. My abstention letter sets forth the reasons why I abstained. Sincerely, William D. Sessoms Mayor WDS/RRI 98 Item—VII-K.9 PLANNING ITEM#66041 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED,BY CONSENT,Application of LEONARD ALUMINUM BUILDINGS,INC./FAYE W. FORBES,ET AL.for a Conditional Use Permit re vehicle sales, rental and bulk storage yard at 980 South Military Highway DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LEONARD ALUMINUM BUILDINGS, INC. / FAYE W. FORBES, ET AL. for a Conditional Use Permit re vehicle sales, rental and bulk storage yard at 980 South Military Highway (GPIN 1456132135) DISTRICT 1—CENTERVILLE The following conditions shall be required: 1. Except as modified by any of the conditions below, the site shall be developed substantially in conformance as shown on submitted site layout entitled, "CONDITIONAL USE EXHIBIT LEONARD BUILDINGS& TRUCK ACCESSORIES VIRGINIA BEACH, VIRGINIA, " prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, dated February 25, 2016. Said Plan has been exhibited to the Virginia Beach City Council and is on file at the Planning Department. 2. A Landscape Plan shall be submitted during the Site Plan review process reflective of the plant material depicted on submitted Site Layout Plan referenced in Condition 1 above. In addition, the Landscape Plan shall include the required Category IV and Category VI screening as depicted on the site layout, street frontage landscaping along South Military Highway and Providence Road, interior parking lot landscaping, and the required screening for the dumpster. Final Site Plan approval shall not be issued until said Landscape Plan is approved by the Planning Department. 3. A solid fence, no less than six (6)feet in height, shall enclose the perimeter of the "Bulk Storage Area. " A landscape buffer, no less than six (6)feet in width with Category VI plant material, shall be installed along the northern, eastern and southern boundaries of the "Bulk Storage Area. " 4. A solid fence, no less than six (6)feet in height, shall be installed around the existing dumpster. 5. The existing parking lot shall be restriped to clearly delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act (ADA) with regard to the size and marking. 6. Trailers shall only be displayed within the "Trailer Display Area,"as depicted on the Site Layout referenced in Condition 1 above. Trailers shall only be displayed in a single-file arrangement. No double-stacking of trailers shall occur. June 7, 2016 99 Item—VII-K.9 PLANNING ITEM#66041 (Continued) 7. Sheds shall only be displayed within the "Shed Display Area"as depicted on the Site Layout referenced in Condition 1 above. Sheds shall not be displayed within the 35- foot setback adjacent to Providence Road. A fifteen (15-)foot landscape buffer with Category IV plant material shall be installed on the property line adjacent to the "Shed Display Area"and the adjacent Apartment District, as depicted on the Plan. 8. The "Bulk Storage Area"shall be used only for the storage of equipment for sale. 9. Gravel or an all-weather surface, as approved by the Planning Department, shall be installed in the "Bulk Storage Area. " 10. All on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of all signage. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of June, Two Thousand Sixteen. 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 June 7, 2016 4::::: tf -... .., CNI ----„....... \---' 1 -...1 ,.- .. ?.... .. .. 4. , Of 4 i (11 ,. • . ,... ' ' ',0.• < 727 CC \s,\ _, , «T•, i ' \ 4 ,, - .. c,,,, ,1_,..,,j,"" •-.,7 CN1 01 0 000 ) --,,-..: j---) C\› ea ca iiii , Q „ ,• , ,4..,,,, ..4.z.. ..;44,,,,, X 'M '''..A 4 71:&,,,,:?W,1,14,',,,7, „,„,,,,,..„„,-,,-. , ;,-;,,.:-..,!:-::•;-...,,I.,;.„.„.t.,._,,,,,,, k , 4 -`r.".i.Z,...,:.,'''':,,b,,,,..*.,'1,-',-,..' , ' -''' „....:-..7..•,•40.4-4AN ,a. ''''' ' ' ' ''--.1* ) i• , , t, .w ' ',,,,,v,vita,A,- .„,„,..-„-,,,;-,,,-,-.- - • i . 0:(:)C. (:)(7 1 * Atiti 4i ) (:]ca .(Z . c ?1::::1 „ . 9 0 C\> % ‘ Si citz:7 \ 1 CE3° C.3 :3123 /3 0 \ LOODnD \ 'c) \ 41-4b1)M4e'll 44 i : fa 4, City of Virginia $tach t z V 7fr. ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 In Reply Refer to 0058075 June 7, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Fraser: 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 Leonard Aluminum Buildings, Inc. for a conditional use permit for motor vehicle sales and rental and bulk storage yard for property located at 980 South Military Highway. 2. The applicant has disclosed that Dixon Hughes Goodman is one of its services providers. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- June 7, 2016 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely,/6,2.4.74.,c_ex„3„-- J Clit 7,(/ .0-1.--moi Rosemary A. Wilson RAW/RRI 100 Item—VII-K10 PLANNING ITEM#66042 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of JOSEPH J. ARZILLO for a Conditional Use Permit re auto repair garage at 3476 Chandler Creek Road DISTRICT 3-ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JOSEPH J. ARZILLO for a Conditional Use Permit re auto repair garage at 3476 Chandler Creek Road(GPIN 1485933667)DISTRICT 3-ROSE HALL The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or by the existing recorded Proffers, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "PRELIMINARY SITE PLAN OF STOCK AND CUSTOM ROSEMONT COMMERCE PARK LOT 12 ROSE HALL," dated March 2016, and prepared by Hassell and Folkes, P.C. Engineers- Surveyors-Planners. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design and materials of the building shall be substantially in adherence, with the submitted exhibit entitled "STOCK OR MODIFIED BODY WORKS 3476 CHANDLER CREEK RD VIRGINIA BEACH, VIRGINIA EXTERIOR ELEVATIONS, "dated November 27, 2015, and prepared by Lemole Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. A Landscape Plan shall be submitted during Site Plan review process that reflects the requirements of the Proffers recorded on July 3, 2001, between Leon T. Carrington, Sr., Riganto, L.L.C and the City of Virginia Beach. Said Landscaping Plan shall also reflect the plant material depicted on submitted Site Layout Plan referenced in Condition One above. 4. A Photometric Plan shall be submitted during the Site Plan review process to ensure that all lighting in the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. 5. With the exception of any modifications required by any recorded Proffers, any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight(8)feet as measured from the ground to the top of the sign. 6. Any building signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No "box signs"shall be permitted on the building. 7. All vehicle repairs shall take place inside the building. 8. No outside storage of equipment,parts or materials shall be permitted. June 7, 2016 101 Item—VII-K.10 PLANNING ITEM#66042 (Conditioned) 9. There shall be no outside storage or display of tires. 10. 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. 11. There shall be no storage containers outside the building or in parking spaces. 12. All painting shall be within a paint booth with the exterior doors of the building closed. A separate permit for the paint booth shall be obtained from the Building Official. 13. The dumpster shall be enclosed with a solid vinyl fence, not less than six(6)feet in height, and any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 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 Seventh day of June, Two Thousand Sixteen. 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 June 7, 2016 , -,, , :\,,,:. - -,I cr--------rd 'i , i.,,,_ ,.._„/ , , . , ., 8 ic, > m {'` '.1 0 Lo ,L-, P-,--f'";47-;;;4:''I '4''' ' ::: ' 111111110 I. r:,,,.,, ..:,,,, ,, Ft : ,,'''- .'*4. , Z> '4'''' ' „.-11:':i 4 mom 04471 .,7 -141kg:',*61 0 \ , \ fs\c 0 irm. 0 ," � J :.' 'E. 0 � . i 0. 0is . . ti ‘1:''',ik,,,,_(....,„:74,:,,,,,in co �4 N F .4. Ci 'I ` N . z fir. 3 102 Item—VII-K.11 PLANNING ITEM#66043 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of BRENTON RODGERS/ACT B PARTNERS for a Conditional Use Permit re tattoo parlor at 2973 Shore Drive DISTRICT S—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRENTON RODGERS/ACT B PARTNERS for a Conditional Use Permit re tattoo parlor at 2973 Shore Drive (GPIN 1499197796) DISTRICT 5— LYNNHAVEN The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the Tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign, " but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate Sign Permit shall be obtained from the Planning Department for the installation of any signage. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventh day of June, Two Thousand Sixteen. 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 June 7, 2016 ,�.✓' r \f `tom or taliC2 ol I. l In I-- -jj 11 i�� Lill, 0 0� "Jill 41 LJ 0 a cui] , \T. %x -i';,--...\ \ Iiti.i.,,,F,.,-.,--,. ...„.-.,,,,,-,-*-5N„-,,,,,,,--,.. .--,-. .5 „ , — t P 3 A ,,,:tiztiow,.,_ . Ilk c-‘13c:: . , ,.. ,.,„.„.., .. ,„ , ,:::e,,.,:i,ir,, , ,, . . LL. L .L .. .„„.. ,,,. . YN 0 t74,124-1., �a'-.i..'a di r....t?".,A 4 All:Nig-, Viiiit Ca H fik # ' ilt: ...';'' ' 'C \'' viit4_1:',.'1'.7. 4-':,,i;:tif;i'' 4S ..g.„,6A*-,---.-,4!..75' i.s."-- VI ate. P x O s7 am"y33`'` 7 . ' ,... G3 :,--:,:::::,.' IX P ar � '1:1'',,,..L,',.:,1,it,,,,ii:et:::::,,er __.. v , :iew, 77, r- - I:3,, ,... '\',',1:\ '',"1% '',.;,'-4'...tie vi."''..i, ''''' '7,1.1i1...t: U III \-_ -il ---.;":' fillt.....3,_„-----' Iit � , Op SOC 5 x \-1? ,,„„.„, \c.,'^ 0NtA.$FAc - y� City of Vir iia Beach OF OUR NAI% VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 In Reply Refer to 0058080 (757)365-5691 I>}� FAX(757)385-5699 wsessoms(@ vbgov.com June 7, 2016 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 Brenton Rodgers for a conditional use permit for a tattoo parlor for property owned by Act B Partners and located at 2973 Shore Drive, Suite 108. 2. The property owner has disclosed that TowneBank provides financial services with respect to the real property that is the subject of the application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, 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. Sincerely, te/////, William D. Sessoms Mayor WDS/RRI �G��IA•Bp4C4. U a` City of Vir irii i Beach OF OUR No�ON� VBgov.cor JAMES L.WOOD PHONE: (757)340-8411 COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082 jlwood @ vbgov.corn In Reply Refer to 0058098 June 7, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) 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 Brenton Rodgers for a conditional use permit for a tattoo parlor for property owned by Act B Partners and located at 2973 Shore Drive, Suite 108. 2. I have a personal interest in Shore-Urchin, LLC, and its principle office address is 208 Ash Avenue, Virginia Beach, VA 23452. 3. Shore-Urchin, LLC has an ownership interest in real property located at 2301 Urchin Drive. Although the property is not adjacent to the property that is the subject of this application, it is the vicinity of that property. 4. I am a member of a group of more than three persons, namely persons with ownership interests in land in the vicinity of the property that is subject of this application. To the extent the approval of this transaction may affect the value of nearby properties, 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 Shore-Urchin, LLC 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 208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452 Mrs. Ruth Hodges Fraser -2- June 7, 2016 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) 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(11). Please record this declaration in the official records of City Council. Thank you for your assistance. incerely, L./ am-. L. ood ouncilmember JLW/RRI 103 Item—VII-K.12a PLANNING ITEM#66044 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED FOR THIRTY DAYS,BY CONSENT,Application of CITY OF VIRGINIA BEACH: a. Ordinance to AMEND Section 1.5 of the Site Plan Ordinance (Appendix C)re definition of a Dwelling Unit 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 104 Item—VII-K.12b PLANNING ITEM#66045 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT,Application of CITY OF VIRGINIA BEACH: b. Ordinance to AMEND Sections 203(b)(5) and 204(d) of the City Zoning Ordinance (CZO)re illumination onto adjacent parcels 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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 1 AN ORDINANCE TO AMEND SECTION 203 2 (b) (5) and SECTION 204 (d) OF THE CITY 3 ZONING ORDINANCE PERTAINING TO 4 ILLUMINATION ONTO ADJACENT PARCELS 5 6 SECTIONS AMENDED: City Zoning Ordinance § 203 7 and 204 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 203 and 204 of the City Zoning Ordinance are hereby amended 16 and reordained to read as follows: 17 18 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 19 ALL DISTRICTS 20 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 21 PARKING, OFF-STREET LOADING, AND CERTAIN USES 22 Sec. 203. Off-street parking requirements. 23 . . . . 24 (b) General standards. The following requirements shall apply to all off-street 25 parking spaces: 26 . . . . 27 (5) Parking surfaces shall be constructed of concrete, asphalt or other 28 suitable material approved by the Planning Director. Where parking areas 29 are illuminated, all sources of illumination shall be so shielded as to 30 prevent any direct reflection toward adjacent premises in where the zoning 31 allows residential, apartment, or hotel districts use; 32 . . . . 33 34 Sec. 204. - Off-street loading requirements. 35 . . . . 36 (d) No loading space required under the provisions of this ordinance shall be 37 in any street or alley, but shall be provided within the building or on the lot. No less than 38 half of the required number of off-street loading spaces, but in all cases at least one (1) 39 space, shall have a vertical clearance of at least fourteen (14) feet, and the balance of 40 required spaces shall have a vertical clearance of at least ten (10) feet. Each loading 41 space shall have minimum horizontal dimensions of twelve (12) by thirty-five (35) feet. 42 Each space shall be unobstructed and shall be so arranged that any using vehicle may 43 be moved without moving another. Adequate maneuvering areas and access to a street 44 shall be provided and shall have a vertical clearance of at least fourteen (14) feet. All 45 spaces shall be provided and maintained with an all weather surface. Where loading 46 areas are illuminated, all sources of illumination shall be so shielded as to prevent any 47 direct reflection toward adjacent premises in where the zoning allows residential, 48 apartment or hotel districts use. In addition, loading spaces for three (3) or more 49 vehicles shall have individual spaces marked, and except within the B-3A Pembroke 50 Central Business Core District, spaces shall be so arranged that no maneuvering 51 directly incidental to entering or leaving a loading space shall be on any public street, 52 alley or walkway. 53 . . . . 54 55 COMMENT 56 57 These two revisions will clarify that illumination onto adjacent parcels must be shielded 58 onto any adjacent parcels where residential, apartment or hotel uses are allowed. Deleted is the 59 reference to shielding illumination only on adjacent residential, apartment or hotel zoning districts. 60 Adjacent property could have residential structures and need shielding without being in the 61 residential, apartment or hotel zoning districts. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day of JUNE , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r 1 Planni • sep.:rtment r City torn-ys •t e CA13709 R-2 March 17, 2016 2 105 ITEM VII-L APPOINTMENTS ITEM#66046 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BIEKWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION TOWING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 106 ITEM VII-L APPOINTMENTS ITEM#66047 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JERROLD L.MILLER Unexpired term thru 08/31/2016 plus four year term to 08/31/2020 DEVELOPMENT AUTHORITY Voting: 10-0 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 Abstaining: John D. Moss Council Members Absent: None Councilman Moss stated his Abstention is due to his not having an opportunity to review Mr.Miller's Statement of Economic Interests prior to this appointment. June 7, 2016 107 ITEM VII-L APPOINTMENTS ITEM#66048 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JOSEPH HYATT—Junior Salem High School Two year term 09/01/2016—08/31/2018 HUMAN RIGHTS COMMISSION 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 June 7, 2016 108 ITEM VII-L APPOINTMENTS ITEM#66049 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: MAURY HILL Three year term 06/07/2016—05/31/2019 OPEN SPACE ADVISORY COMMITTEE 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 June 7, 2016 109 ITEM VII-L APPOINTMENTS ITEM#66050 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: VICTORIA NILSSON—Senior at Princess Anne High School One year term 09/01/2016—08/31/2017 and BRAYDON BECKWITH—Junior at Tallwood High School Two year term 09/01/2016—08/31/2018 PARKS and RECREATION COMMISSION 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 June 7, 2016 110 ITEM VII-L APPOINTMENTS ITEM#66051 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JADA COPELAND—Senior at Bayside High School One year term 09/01/2016—08/31/2017 and CHARLOTTE DEL UMPAALEXANDER—Junior at Ocean Lakes High School Two year term 09/01/2016—08/31/2018 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 7, 2016 111 ITEM VII-L APPOINTMENTS ITEM#66052 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: CITY SERVICES BILL AFFORDABILITY AD HOC COMMITTEE No Term CHRISTOPHER W. CHOPE, CHAIR THOMAS DILLON,RESIDENT/ACCOUNTANT JENNIFER K VAUGHAN,REPRESENTATIVE FOR NON-PROFIT KAREN MUNDEN,REPRESENTATIVE FOR LOWER INCOME TERESA STANLEY,REPRESENTATIVE FOR HUMAN RIGHTS COMMISSION CRAIG COPE, CITIZEN LEO ORTIZ, CITIZEN HUGH TIERNEY, CITIZEN DEPUTY CITY MANAGER RE PUBLIC UTILITIES,PUBLIC WORKS AND MAINTENANCE REPRESENTATIVE OF MAYOR'S COMMISSION ON AGING SHANNON DS KANE, CITY COUNCIL LIAISON No Term 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 June 7, 2016 112 Item-VII-O ADJOURNMENT ITEM#66053 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:34 P.M. anda Fin ey-etA441/1,14/1' MC Chief Deputy City Clerk t g raser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia June 7, 2016 113 PUBLIC DIALOGUE Ceri Dublinski, 533 Kellam Road, Phone: 816-8310, expressed concern regarding the traffic and speeding cars on Kellam Road. In 2014, 3,300 cars traveled Kellam Road daily. In November 2015, the number of cars increased to 5,603 traveling Kellam Road every day. The speed limit is 25 MPH and approximately 75%of the cars are speeding. Ms. Dublinski advised she has waited for 15 or 16 cars to pass before she can back out of her driveway. Her car was hit and totaled while parked in her driveway as well the same thing happened at their next door neighbor. There was a high-speed chase involving the State Police that ended with a fatality at Kellam and Aragona—only five (5) houses from her home. This is a serious issue in her neighborhood. She requested the City help get this problem under control. William Dawson, Phone: 685-5454, advised the City has a coyote problem. Coyotes are to wildlife what Isis is to humans. Currently, seventeen (17) counties in the Commonwealth have bounties on coyotes. Mr. Dawson has reached out to the City Attorney, City Council, Animal Control, Game and Inland Fisheries and the Police Chief and they all agree there is a coyote problem in the City. Mr. Dawson has seen coyotes at the end of Oceana runway and he has shot two in his backyard. Mr. Dawson requested the City consider allowing a bounty on hunting coyotes to try and eradicate these predators. A bounty would help the Hunter pay for expenses. Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, expressed concern regarding the City's recently adopted Comprehensive Plan, specifically concerning Sandbridge. "The Sandbridge Community is a stable, low-density, single-family community." The City has now asked the Beaches and Waterways Commission to study the homes that are being built in Sandbridge and other coastal communities in the City. In Sandbridge, 10 and 12 bedroom, 10 and 12 bathroom, homes are being built and yet the Comprehensive Plan states Sandbridge is a "stable, low-density, single- family community" — Mr. Jones does not believe a house that size supports the Comprehensive Plan. Then there are only a couple of paragraphs on Sandbridge in the Comprehensive Plan closing with a series of recommendations, the first being "it is the policy of the City to retain the existing low-density neighborhood character of Sandbridge". Mr. Jones requested City Council remember this recommendation when considering the recommendations of Beaches and Waterways Commission. Joan Davis, 2216 Sandfiddler Road, Phone: 714-2304, President of the Sandbridge Beach Civic League requested the residents of Sandbridge in attendance stand and be acknowledged. Ms. Davis expressed appreciation to the City Manager, Deputy City Manager, Tom Leahy, and City Attorney, Mark Stiles for taking the lead and addressing the Sand Management Plan for Sandbridge. The residents asked for City Council's support on the Action Plan presented in the Informal Session and expressed their appreciation for consideration. June 7, 2016 114 PUBLIC DIALOGUE (Continued) James Lange, 222 Central Park Avenue, Phone: 502-7326, advised he is an Environmental Attorney with Pender and Coward. He represents the Sandbridge Management Group and was asked to speak on behalf of the Sandbridge Civic League. Sandbridge is very important from a revenue standpoint as an economic engine for the City, but it is also an area of great natural beauty, and the members of the Civic League are very strong on environmental stewardship. Sandbridge residents recall the times when Sandbridge was a small beach and there were houses falling in the Atlantic Ocean. The fact that we now have a big beach is the result of a very successful partnership between the City and the community. The project Cooperation Agreement is responsible for the big beach, signed in 2002 by then Colonel David Hansen. That is when the nourishments began and the beach got big. The reason the sand is up and in places where it does not belong, is because of a failure of "grooming" of the sand. And the need to groom the sand was recognized early, about the same time the City was entering into the Project Cooperation Agreement. It also chartered the Beaches and Waterways Commission to come up with a Beach Management Plan. Mr. Lange provided copies of the relevant pages to the Clerk. The Beach Management Plan recommends that routine beach grooming is limited to the Resort Beach and all non-Resort area beaches should be groomed at least weekly during the Summer months, immediately prior to Summer holidays, and so on. So, the reason the sand is in places it does not belong is it has not been groomed, and now the problem has reached critical mass. Sandbride residents appreciate the support from City Staff and their recommendations. The residents are looking for the ability to move their sand off the bulkheads without being prosecuted by the Wetlands Board. Bob Kerr, 1008 Old Virginia Beach Boulevard, Phone: 963-2008, expressed his appreciation to the City Staff for their recommendation regarding moving the sand. The residents would like for City Council to consider reducing the fee for the Wetlands permit as they are already incurring the costs of relocating the sand and moving it. They will be putting it back on the public beach for public benefit. Also, the residents requests the requirement for posting a notice at each of the residence locations be eliminated. They think this is somewhat of an ongoing maintenance activity and just do not know that it really rises to the need to have it posted. There is a requirement under the application process that adjacent property owners will be notified through the permit process. He understands the adjacent property owners will be notified anyway and feel the public notice on properties is a little redundant. June 7, 2016 115 PUBLIC DIALOGUE (Continued) Ken Chord did not respond. Dr. Mary Dooley, 2320 Great Neck Circle, Phone: 567-3230, advised she is a Dentist and has lived in the City since 1994. In January 2015 moved out of her office due to the Witchduck Road Project. Dr. Dooley had spent the previous two (2) years searching for similar property with no luck and chose the City's "buyout" offer. Dr. Dooley has referred patients to other Dentists to ensure her patient's needs were met and is now in a temporary, part-time location that ends on June 171h. She needs assistance so she can continue to live and work in the City. Lisa Hartman, 2737 Pleasant Acres Drive, Phone: 609-5679, expressed concern regarding the installation of the crumb rubber infill on the synthetic turf fields being put in at Princess Anne Athletic Complex. Three of the existing fields are being replaced with synthetic turf and then building an additional field using synthetic turf. The turf is not the problem. It is t h e crumb rubber infill. Essentially, it is ground up tires. There are no conclusive studies on crumb rubber infill that it is either safe or unsafe. All of the studies are inconclusive or not comprehensive and, as such, Mrs. Hartman has done a lot of research. There are many questions that prompted Congress to direct the comprehensive study. The EPA and the CDC are due to put out the results of that study later this year. The crumb rubber is inhaled, ingested, and also skin contact, which means if there are any open abrasions it can enter the body. OSHA has strict requirements for manufacturing and r e m o v al of tires. The turf industry advises protective equipment to install the fields. There are numerous carcinogens in the tires along with skin and respiratory inhalants. The respiratory inhalants can cause asthma. The carcinogens can cause blood cancer. Six months after one season of my son playing on turf fields, he was diagnosed with asthma. After a second season, he had Stage IV Hodgkin's Lymphoma when he met the Mayor. It was not just one exposure but the collective exposures from practices and games. Kids growing cells, as well as the elderly, are more susceptible due to growing cells and immunity, lack of immunity. It is also the crumb rubber is ingested and inhaled leaving the carcinogens in the body. $4.6-Million of tax payer's money is going to fund these fields. What additional costs are we going to have to remove the fields? Parks and Recreation had no answer to that question the two times she asked them. The Public Dialogue re Non-Agenda Items concluded at 7:01 P.M. June 7, 2016