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OCTOBER 18, 2016 MINUTES
-47;=#!AN - 5 ,'` , 46 `tiii � slk, aii r; 4'� �il era` �s ' OUR NA1%O VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 18, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the AUDIT:Department of Human Services in the City Council Chamber, Tuesday, October 18, 2016, at 4:00 P.M. Council Members Present.• 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 Absent: John D. Moss Out of town-Business 2 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 4:00 P.M. Mayor Sessoms welcomed Lyndon Remias, City Auditor. Mr. Remias expressed his appreciation to the City Council for their continued support: City of Virginia t)cuch 133 City Auditor Human Services' Client Funds Management and Payment Collection Procedures Presentation to City Council Tuesday,October 18,2016 Lyndon S.Remias,City Auditor Gretchen Hudome,Deputy City Auditor Tim Bell,Senior Auditor Tony Gonzalez,Senior Auditor This Audit is at the request of City Council and in compliance with their Resolution dated October 6, 2015, completed in two phases: Human Services'Client Funds Management and Payment Collection Procedures Background Through the City Council resolution dated October 6,2015,the Office of the City Auditor(OCA)was requested to review all Human Services Department (HSD)programs that include 1)the management of clients'personal funds; or 2)collect payments from clients. The resolution followed HSD's discovery of misappropriation of client funds by a staff member and the OCA's subsequent investigation into the matter. Our review was performed in two (2) phases that correspond to the resolution's requirements: . Phase 1:Client Funds ManagementI . Phase 2:Payment Collection Procedures 5 i lure 2 October 18, 2016 3 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) The Department of Human Services has four(4)programs that manage client funds: Phase 1:Client Funds Management Background HSD has four(4)programs that manage client funds. They are: 1. Developmental Services (DS) Supported Residential Services (SRS) Provides support for clients that live in their own residences. Program staff have direct access to client funds.This program has 79 total clients,40 of which receive funds management services. 2. DS Residential Services(RS) Provides support to individuals in a group home setting.Program staff have direct access to client funds.There are five(5)group homes serving 24 clients,namely: I London 1 Bayside 2 Cape Henry 3 Chelsea 4 Gladiola 5 Gresham 3 Phase 1:Client Funds Management Background(continued) 3. DS Intermediate Care Facilities(ICF)Provides services for persons with a diagnosis of physical and intellectual disability and chronic health issues in a nursing care facility that is staffed 24 hours daily. Program staff have direct access to client funds.There are four (4)group homes serving 42 clients: I I Location 1 Kentucky Ave wt 's 2 Indian River -—- • 3 West Neck 1 o .I 4 Colby Way 4.Mental Health Substance Abuse(MHSA)Supportive Residential Services(SRS) Provides skill building services including money management. Program staff do not have direct access to client funds.There were 27 clients receiving money management related services at the time of our review. 4 October 18, 2016 4 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Objective#1 -determine whether each program has documented policies and procedures related to the management and safeguarding of client funds: Phase 1:Client Funds Management Objective #1 To determine whether each program has documented policies and procedures related to the management and safeguarding of client funds. e5a.c•te5 Ro RAP 5 Below are the results of Objective#1: Phase 1:Client Funds Management Results We found that all four programs use or refer to the following HSD documented policies and procedures for managing client funds: • Policy#3.07- Handling of Funds for Individuals Receiving Services— Provides general information and procedures for the management of client funds. • Guidance#5.13 - Coordination of Payee Services— Provides detailed procedures for both HSD and representative payee staff for requesting funds on behalf of the client and monitoring the use of those funds. • Guidance #8.03 - Individual Funds Management and Ledger Instructions—Provides detailed procedures for completing, submitting, and supporting the funds ledger. • Supportive Residential Services Protocol for Handling of Client Funds— Provides guidance for providing funds management assistance and support to clients of MHSA Supportive Residential Services. s October 18, 2016 5 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Phase 1:Client Funds Management Results(continued) We identified 13 areas where revisions would enhance clarity, consistency,completeness, and/or organization. For purposes of our review,they are defined as: • Clarity — Conditions of a requirement should be stated clearly. • Consistency — Requirement should be documented uniformly in all applicable policies and forms. • Completeness — Requirement should be documented in applicable policies and forms. • Organization — Details of a requirement should be listed together in one area and in one policy. 7 Below is the recommendation regarding Objective#1: Phase 1:Client Funds Management Recommendation • Review and revise all policies and procedures related to managing client funds to ensure clarity, completeness,consistency,and organization. a October 18, 2016 6 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Objective#2- determine whether those policies and procedures have adequate internal controls for overseeing and/or managing client funds: Phase 1:Client Funds Management Objective#2 To determine whether those policies and procedures have adequate internal controls for overseeing and/or managing client funds. Results • We found that the established policies and procedures, with minor enhancements, have sufficiently addressed the areas of internal controls as identified in the City Council resolution. • Exceptions noted during our testing did not indicate weak internal controls, but rather present opportunities to enhance the policies and procedures. s Below are the recommendations regarding Objective#2: Phase 1: Client Funds Management Recommendations • Ensure monthly financial transaction packages are reviewed within established timeframes. — Evaluate the reasonableness of the current timeframes. — The purpose of reconciliations and reviews is to identify and address errors and issues in a timely manner. — In determining the definition of"timely",management needs to allow enough time to ensure the purpose is met. • Ensure that supervisors continue to monitor staff development and perform thorough reviews of staff work. 10 October 18, 2016 7 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Objective#3-determine whether Staff and vendors used to manage client funds were meeting contractual requirements to ensure the proper safeguarding of those funds: Phase 1: Client Funds Management Objective #3 To determine whether HSD staff and vendors used to manage client funds are meeting contractual requirements to ensure the proper safeguarding of client funds. Below are the recommendations regarding Objective#3: Phase 1:Client Funds Management Results Through our review of the contract between HSD and the representative payee(i.e.,The Up Center),interviews with HSD management,and sample testing,we found that both parties have met all contractual requirements to ensure the proper safeguarding of client funds. • Minor exceptions related to client spending plans, noted during our testing,were discussed with management. Recommendation • Human Services should work with the representative payee to correct the identified deficiencies. 12 October 18, 2016 8 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Phase 2 consisted in review of Payment Collection Procedures: Phase 2: Payment Collection Procedures Background There are 12 HSD locations that receive client payments or other revenue: Location Address 1 CSB Reimbursement 289 Independence Blvd.(Pembroke 3) 2 D5 Administration 297 Independence Blvd.(Pembroke 6) 3 D5 Family Support Center 416 Investors Place 4 MHSA Adult Outpatient Services 3143 Magic Hollow Blvd.#200 5 MHSA Adult Outpatient Services 297 Independence Blvd.(Pembroke 6) 6 MHSA Beach House 3143 Magic Hollow Blvd.#100 7 MHSA Child and Youth Services 289 Independence Blvd.(Pembroke 3) 8 MHSA Pathways Center 409 Birdneck Circle 9 SS Accounting 3432 Virginia Beach Blvd.(Social Services Building) 10 SS Adult Protective Services 256 N.Witchduck Road,#1C 11 SS Community Corrections Municipal Center,Bldg.10B 12 SS Juvenile Detention Center Municipal Center,Bldg.27 13 The review focused on the five (5)areas of the Revenue Collection Cycle: Phase 2: Payment Collection Procedures Background (continued) Our review focused on the five(5)areas of revenue(payment) collection cycle identified in the resolution: r�r Reconciliation Recording Depositing 14 October 18, 2016 9 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Below are the results of Phase 2: Phase 2: Payment Collection Procedures Objective To determine whether internal controls for handling client payments are designed effectively and operating as intended. Results We determined that internal controls over revenue collection: • Are designed effectively; • Are in compliance with departmental and program level policies and procedures;and • That policies and procedures are in place to promote appropriate accountability over client payments received through the various HSD locations. Internal Note: Internal control issues identified of lesser risks COntrols have been discussed with management. 15 Human Services'Client Funds Management and Payment Collection Procedures Closing ➢ HSD has established policies and procedures that have sufficiently addressed the areas of internal controls as identified in the City Council resolution. ➢ HSD staff and the contracted representative payee have adequately met contractual requirements to ensure that client funds are properly managed and safeguarded. ➢ HSD has established effective internal controls for handling client payments in accordance with policies and procedures. Note: During our review and testing of key controls,we did not find any further indication of fraud. We do note that, in providing these types of services to clients,there will always be an inherent risk of fraud. 16 October 18, 2016 10 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) 4. Lyndon S.Remias,City Auditor Office of the City Auditor 757-385-5870 Lremias@vbgov.com To obtain a full copy of this audit report visit our website at www.vbgov.com/citya ud itor 17 Mr. Remias invited Dannette Smith, Director—Human Services to elaborate. Ms. Smith expressed her appreciation to City Council for their continued support. Ms. Smith then presented Ilene Smith, Deputy Director—CSB, to continue: City Council Briefing CSB Residential Services 4c,1r11A•B q u z .01 i,..i OF, ,F NA1�.�./ October 18, 2016 1/..id u.11.insen(tv II ger I).11111c tie k s1»nI'' ':, k nneth CI idler:Depw;Citt ; : Du.-tor ,r M.mager October 18, 2016 11 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Community Services Board (40 Summary of Audits • Auditors: • Antonio Gonzalez • Timothy Bell • Gretchen Hudome • Scope: • Phase 1,Part 1,and Phase 2:Supported Residential Services(June 2016) Monthly financial transactions reviews and semi-annual funds ledger review from January 1,2016 to May 31,2016. Phase 1,Part 2:HSD DS/RS;ICF;MHSA/SRS(August 2016) • Financial policies,procedures and compliance from June 1,2016 to June 30, 2016. • Outcomes: • No fraud or abuse was detected ° HSD was found to have"sufficiently addressed the areas of internal controls as identified in the City Council resolution." j . Human Services Department Infrastructure Development Assembled a leadership team who has: Provided extensive training in leadership,program operations and fiscal management to front line supervisors and additional on-going training for staff members. • Created a culture of accountability for HSD as a whole and is in process of continuous review and realignment of practice and policy to meet the demands of services and the changing behavioral health environment. Realigned HSD to create efficiencies,fiscal monitoring and implementation of best practices. October 18, 2016 12 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Below are the updated Internal Controls: Community Services Board Developmental Services- Supportive Living Internal Controls • SLP has recently hired two new program supervisors to oversee the day-to-day operations for all SLP programs. • Funds Management policies and procedures were created to reflect necessary changes regarding money management. These same policies are now under revision to ensure standards and expectations are clearly communicated and timeframes are reasonable and achievable on a consistent basis. Internal fiscal controls were put in place to ensure clear supervisory oversight and accountability: Additional forms,protocols and monitoring. A training curriculum specific to money management for all new DS staff members. r Review process extended to financial management staff for added level of r(,:ri1N accountability. +E The training and supervision, as well as communications, have increased. Community Services Board Developmental Services- Supportive Living },. Internal Controls • Increased Training&Supervision: • All staff responsible for handling funds were trained on their roles and responsibilities in matters of client money management. • Documented face-to-face monthly supervision meetings have been implemented to ensure staff members are supported,monitored and held accountable for the delivery of services. Increased Communication: HSD is working closely with the Representative Payee contractor to ensure appropriate oversight,tracking,documentation and reconciliation occurs. A guidance document has been created that outlines roles and responsibilities for both agencies. • October 18, 2016 13 CITY COUNCIL'S BRIEFING AUDIT:Department of Human Services ITEM#66417 (Continued) Human Services Department Questions & Answers „at A (23) Mayor Sessoms thanked Mr. Remias, Ms. Smith and the entire Team for their hard work. October 18, 2016 14 BIO-MEDICCITYMANAGERAL INITIATIVE PLAN POLICY AND UPDATE ITEM#66418'SBRIEFINGS 4:16 P.M. Mayor Sessoms welcomed Warren Harris—Director, Economic Development. Mr. Harris expressed his appreciation to the City Council for their continued support: VABEACH BIt ..► Biomedical and Healthcare Program Overview City Council Update VFT IRGINIA BEACH ECONOMIC DEVELOPMENT � Y J ��i � '�tABEACHwk 4- VBI40 a ki { „.-- T,c>, -.T) , _ , t 0 zA --- ' , , I¢.E4 t,..? \ -'(.......'''.1111111°.' ••• IN , October 18, 2016 15 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) In 2014, the City created a Task Force of industry leaders to assess the market: VABEACHBIO VA BEACH BIO INITIATIVE In 2014, Virginia Beach created a task force of industry leaders to evaluate the strength of the region's biomedical and healthcare market. Key stakeholders include: S E N T A R /V EVMS Operation",Smile E:x.f t•ro V,-gi tonn.Mrdfrnf`a h •I Chanyiny L'ves 0,Smile ata Time ) .. LifeNet Ficaith OLD DOMINION WILLIAM&MARY Saring Llves.Restoring Health tt N l V F 6 . 7 9 CHARTERED 1693 Based on the Market Assessment, below are the "areas of focus": VABEACH BIOj AREAS OF FOCUS Based on the market assessment, Virginia Beach is ideally positioned for companies specializing in the following fields: r CARDIO DIABETES) NEUROSCIENCE ONCOLOGY October 18, 2016 16 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) Below is the existing Biomedical Corridor identifying the existing assets, attractions/amenities and the new or expanding assets in the Corridor. The Corridor is the "crux"of this initiative: VABEACHBIC , BIO CORRIDOR Advanced TCC Health Technology Professions Cerner& �, Cenirr Sanyal Bio[echn ology Operation Smile ODU/NSU Higher world a�EEd Center Headquarters • "IP landstown High School& "RV STEM Academy FifeNet Health HQ& INT G cure �^H] Kegenera've Med c'ne Inst tote !�L VA B ach Bj{'v LIR{�[-d Park��y x;,� CHKU Surgeryrimg :AWL Future �.��5 O sem ra Pr-ncesz Annr v s< 9 tandsmwn Commons a #€ Hosplal C . Shopping[enter CiN KEY: YMCA Medical Facdiuez U Existing Biomedical Assets of Amer�ta U New/Expanding Assets yirginia Beach CHK,sports _a f•!Ir i 'l fart it I, Amphitheater Sporesplex&Field House Med cne Facility Below is the "Initiative Branding" developed to support the state and nationwide effort to recruit companies to the City. This website was recognized this past month as one of the best special purpose websites by International Economic Development Council: VABEACHBIO INITIATIVE BRANDING VA BEAE•1610 — '- ' • Economic Development created the "VABeachBio" brand to promote Virginia Beach as a strategic choice for biomedical AAver- and healthcare companies. 0 0 • Created VaBeachBio.com • Recognized as one of the best 2016 special purpose websites by the International Economic ExcEELENCE Development Council in October AWARDS 2016. October 18, 2016 17 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) ...-,,,4,-;„!4..,.,:":,4k VABEACH BICC ,,,....', l4f -.-:,----:,:-;''4,;-':,7.,--i-,-*;,c-.4-10i.i, ...... . .i,o,r,..,.., :,,, ,.,_,,, - -..,,........vizt., „wc..,:.,..„.. ti•'..".„4.)1,‘,",,,,:,-, § `-lois , ' vx, w'St. °a Cl[a ..■ seams 44% ' .J ■.. f ■.ea }'k . 'd Y t ' . x. ti4 _ - 0.. .. ni ' During 2016, the City attended many events and tradeshows to begin the Marketing Missions: VABEACH BIC MARKETING MISSIONS I 2016 Year To DateamORR ROE ViMJiUp , -' ,.- Wek.c.kr • Biotech Showcase/J.P. Morgan Healthcare Investors Conference-San Francisco, CA • Medical Device & Manufacturing Show- Anaheim, CA jh'j' • BioHealth Capital Summit-Gaithersburg, MD 2)6 • Virginia Bio Meetings-Richmond, VA • Marketing Mission-San Diego, CA • Marketing Mission-London, England t • Bio International Conference- San Francisco, CA ) iR • BioSpain Conference-- Bilbao, Spain . • Hosted Virginia Velocity Tour Biomedical Pitch Competition-Virginia Aquarium . ,i„, October 18, 2016 18 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) Another key Initiative in working with Tidewater Community College (TCC) to create the Bio Accelerator has proven worthwhile. This provides wet lab space for startup and small companies: VABEACH BIO BIO ACCELERATOR • Wet lab space for TIDEWATER COMMUNITY COLLEGE startups and small companies • Critical asset to recruit Regional Health Professions Center biomedical companies • Housed in the TCC ` Regional Health f 11•41 ,W. e Professions Center " • Home to Sanyal Biotechnology, a VCU spinout A spinofffrom Sanyal Biotechnology is the first tenant of the Accelerator. Sanyal Biotechnology is world- known for studying liver disease: V�-�iBEACH BIO, SANYAL BIOTECHNOLOGY • First tenant located in the VABeachBio Accelerator • Contract Research Organization (CRO) focusing on fatty liver disease and NASH epidemic • Perform studies for ° 1, pharmaceutical companies Be,, . . ' University • 1 in 10 people have NASH • $30 billion potential 2016 • Partnership with Eastern Virginia Medical School 1,11 • Plans to expand into the BIOTECHNOLOGY VABeachBio Park October 18, 2016 19 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) Governor McAuliffe announced plans to build a 120-bed Veterans Care Center in the Princess Anne Commons Corridor with ground breaking scheduled in late 2017: Vi4BEACH E�IC�► VETERANS CARE CENTER • Governor McAuliffe announced plans , ,; ,, to build a 120-bed veterans care ";�, center in Princess Anne Commons • • Project will represent approximately < r` $48 million in capital investment • Up to 200 new jobs will be created. • Land donated by the City of Virginia Beach to the Commonwealth of Virginia. t • One of two new centers in Virginia. • • Will serve to help the 200,000+ Veterans who reside in Hampton Roads. Below is a rendering of the 155 acres that have been designated as a potential Biomedical Park with the land transferred to the Development Authority. The rezoning of the property is scheduled to be heard by the Planning Commission in November: VABEACH IQa VA BEACH BIO PARK .�.• � • 155 acres can house up to „„., -Y - 1,000,000 square feet of Class A space % �,{t • Rezoning of the Bio Park will go before the Planning ��• Commission in November Why Bio? / and City Council in •Healthcare will represent ! `. I ecember 2016 approx 20%of America's ;° a.. GDP in 20 years. •Biomedical jobs are high- t�_'o` -`+- ✓xy� '� skilled and high paying. _ �r �K `r,t: •', •Capitalize on translational •w research from our .� -• L ��( universities. � "!1; l2 October 18, 2016 20 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) The City continues to work with a Developer on the first building in the Corridor. The initial development would be approximately 60,000 square feet: VABEACH BIO VA BEACH BIO PARK • Virginia Beach is working with VABEACHBIO developers on the first building for r n,I,% .; : , . the VABeachBio Research Park • Initial development of 60,000 SF ; • Wet lab space a critical need for Bio Park • Build an Accelerator for start-up and ••/I early stage companies • Need for additional office space - - -- • Working to assemble critical mass of tenants The key focus is to have research that can lead to commercialization with business and job growth: 3111 VBEACHBIO ,ir �\ ■�, L.„i❑ / ■moi ■U■ yr c ■■■ R■O 7 P f Wq3:{'vivo �k r H4 Y�3r �, October 18, 2016 21 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) Below are the cities that are the competition in the Bio field: VABEACH BIO COMPETITION The biotechnology field • is traditionally clustered ` in the following areas: .. JP • San Francisco • " • Research Triangle i • • (RTP) • • • Boston • Philadelphia • New York Below are recommended incentives to attract development: VABEACHBI INCENTIVES Calilumia Biume.B¢al Sector An Innuvaunn Pmvethouse Leading communities employ a variety of biotech-specific incentives, . ,•Au*.,.,Reload E,a*.., ,, including: :' • • Equipment reimbursements "'' w � • Salary & internship 'e •""�" reimbursements .4% • Loan programs 6 m.2 • Tax credits & reimbursements • Educational programs F • Venture Capital • Real estate subsidies ` " cLsr October 18, 2016 22 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) VABEACHBIO INCENTIVES Based on our market assessment and VABEACHBIO� discussions with industry + WAVE OF IN leaders, Economic Tell INCENTIVES TARGETED TO Development will BIOTECH COMPANIES recommend the addition of program services and � incentives for City leadership to consider in order to grow this sector. The City will host the Virginia Bio Biannual Conference on April 6, 2017: VABEACHBIO VIRGINIA BIO CONFERENCE Virginia Beach has been chosen as the location of the Virginia Bio Biannual Conference! • kr 11 ti A) 1• Q ti • Virginia Beach Hilton —44+ 1' »�' '* � �� a' TCreating the future of •e!•j • I „" V rg i n i a •iniirginiat, roN t� October 18, 2016 23 CITY MANAGER'S BRIEFINGS BIO-MEDICAL INITIATIVE PLAN AND POLICY UPDATE ITEM#66418 (Continued) VABEACHBI ' A WAVE OF INNOVATION . , r Virginia Beach Economic Development ®) City Council Update VABEACHBIO.COM Mayor Sessoms thanked Mr. Harris and the entire Team for their hard work. October 18, 2016 24 CITY MANAGER'S BRIEFINGS SOUTHEASTERN PARKWAY UPDATE ITEM#66419 4:41 P.M. Mayor Sessoms welcomed Phil Pullen, Public Works. Mr. Pullen expressed his appreciation to the City Council for their continued support and distributed a copy of the presentation, which is attached hereto and made a part of this record. Mr. Pullen advised the presentation is to provide updated information on the Southeastern Parkway (SEPG) and address four (4) questions: is the SEPG still a viable and permitable regional limited access roadway; are there segments of the SEPG alignment that have independent utility as roadway segments; are there other future/potential uses for the SEPG right-of-way; and, what is the estimated sale value of the parcels that could be sold within the SEPG right-of-way? The SEPG has been divided into five (5) segments and the traffic analyzed for volume-to-capacity (V/C) ratio. The segments that show high V/C are Segment 3: Dam Neck to Princess Anne Road(specifically between Holland and Princess Anne Roads approaching capacity); Segment 4: Princess Anne to Indian River Road (specifically Elbow Road is over capacity); and, Segment 5: Indian River to the Chesapeake City Line (again Elbow Road is over capacity). The recommendation is to widen Elbow Road to six (6) lanes or combine Segments 4 and 5 and create a new East/West connector. Robin Brandenburg, City Real Estate Agent advised the total footprint of the SEPG is 525 acres. 313 acres are publically owned and 262 acres are City-owned property. Of the 262 acres owned by the City, 96 acres are defined "wetlands." By initial calculations, it appears as though the City has a surplus property in each of the five segments. Brian Solis, Transportation and Transit Planning Manager, provided an overview of the existing and planned land use. The review of the ITA Master Plan just began and this information will be helpful in updating the Plan. The property located within the Princess Anne Commons Corridor can be utilized for the Biomedical initiative. Mr. Pullen advised the Staff's recommendation is to remove Segments 1, 2 and most of Segment 3 from the SEPG and Master Transportation Plan. Mayor Sessoms thanked Mr. Pullen, Ms. Brandenburg, Mr. Solis and the entire Team for their hard work. October 18, 2016 SEPG Update City Council Briefing October 18,2016 Phil Pullen,P.E.Transportation Division Manager Robin Brandeburg,City Real Estate Agent Brian Solis,AICP,Transportation and Transit Planning Manager B Virginia Beach Agenda • Today's Purpose • Project History • Segment Development • R/W Analysis • Land Use • Recommendation/Next Steps 2 NB Virginia Beach Today's Purpose Provide Council Updated Information on SEPG Gain Council's General Concurrence on Staff Recommendations Obtain Council Direction on Next Steps 3 AJ Virginia Beach Today's Purpose Address the following questions: 1. Is the SEPG still a viable and permittable regional limited access roadway? 2. Are there segments of the SEPG alignment that have independent utility as roadway segments? 3. Are there other future/potential uses for the SEPG R/W? 4 What is the estimated sale value of the parcels that could be sold within the SEPG R/W? 4 V3 Virginia Beach Today's Purpose 1. Is the SEPG still a viable and permittable regional limited access roadway?NO 2. Are there segments of the SEPG alignment that have tri utility as roadway segments? 3. , "there other future/potential uses for the SEPG F 4, What is the estimated sale vaiur the SEPG R/W? 3 Virginia Beach Project History 00.Final 03 SE, 1.4 EIS 20.Fr.! 2000 FHVVA na a for ODD Chesapeake p�dnbaE pp o el rnwntlW MoeMln4 • • 0 0 0 0 0 0 0 0 trE 1904:DragIttaspenr 300a0'.FE .13 p. Sm IO ODu ae> public) Work 4 6 13 Virginia Beach Today's Purpose e -the lol: , lige ,.T.,3f trn 4- ' , - SEPG still a viable and permittable regional limite roadway? 2. Are there segments of the SEPG alignment that have independent utility as roadway segments?YES Am there other future/potential use: 4. What is the estimated sale value..af f, the SFPG RAN', — AJ Virginia Beach Segment Development (5)Segments Analyzed I'4' � r 4-Lanes,Arterial 45 mph / U Analysis Year:2040 � 1 • Segment 1:1-264 to Oceans Blvd. .-_ \ i/ • Segment 2:Oceana Blvd.to Dam Neck --? t.L.. i._ 0 . %. Road ,� /� • Segment 3: Dam Neck Road to PA Road • Segment 4: PA Road to Indian River Road '. • Segment 5: Indian River Road to Chesapeakes _ . as a -----.__----- Vu Virginia Beach Segment 1 v I-264 to Oceana Blvd ,41: , ;#:.. ,i - Js" ,' qM1 a.'k . 4 4,!- n 9 V)Virginia Beach Segment 2 Oceana Blvd.to Dam Neck Road YY i'f vl � r o' e h + w , 10 V3 Virginia Beach Segment 3 ) ,- ,tr 1 Dam Neck Road to •40. , ! �. ral+ Princess Anne Road •-Uj , �r jl : N' ` 4111, '4•;d • 11 Virginia Beach Segment 4 t Princess Anne Road s to Indian River Road ,,, rif Sa* 4' r ale 12 V3 Virginia Beach Segment 5 i Indian River Road tot IAA- -» t 3 Chesapeake Line �y' +' �' ` S,7;.L 67.7• .., 'L- ': '" 'ff«' R e. aid` S'�'* ..r. urr'.,f, "• tw 0 13 NB Virginia Beach w/o SEPG —Segment 1 Oceana Blvd. V/C:06-08 r General Booth Blvd. V/C:0.6 it ImpactsMinimal segment 1 w re 14_AY 14 Virginia Beach w/o SEPG —Segment 2 Harpers Rd »y - x . V/C:0.3-0.4 ` _. _ - -"1- -- • Dam Neck Rd V/C:0.3-0.4 / • General Booth Blvd , V/C:0.3-0.9 *--Segment 2 1 . Impactsm*Minimal i 75 Vi3 Virginia Beach W/0 SEPG —Segment 3 • Dam Neck Rd V/C:0.3-0.8 a Holland Rd V/C:0.2-0.6 . Princess Anne Rd V/C:0.3-0.6 Segment 3, London Bridge Rd V/C:0.5 `".. Nimmo Parkway 1_,.. V/C:0.2-0.3 Impactsmill.Marginal with section of Dam Neck Road between Holland and PA,approaching capacity t6 V13 Virginia Beach w/o SEPG —Segment 4 • Elbow Rd V/C:0.5-0.9 r Princess Anne Rd V/C:0.3-0.6 ✓ Salem Rd - V/C:0.1-0.2 1` . Indian River Rd \-- V/C:0.3 - _-- Landstown Rd Segment 4 % V/C:0.3 ‘"h. I m pactsy Moderate Elbow Rd approaching over capacity Mme City oj 17 Virginia Beach w/o SEPG —Segment 5 Elbow Rd V/C:1.1 Indian River Rd V/C:0.3-0.5 Impactsm♦Elbow Rd over capacity Segment 5 18 , J Virginia Beach Segment Analysis Summary • Segment 1 — Minimal Impact • Segment 2 — Minimal Impact lent 3 — Marginal Impact • Segment 4— Moderate Impact • Segment 5 — Over-capacity (Elbow Rd.) 19 NB Virginia Beach SEPG Elbow Road Segments 4&5 4 Itrt --- • New E-W Connector • R/W impacts • Desirable for ITA Area • Recommend SEPG—Segments 4&5 vs Elbow Road Expansion 20 Virginia Beach Today's Purpose A d w,, thg;oils.'vl og questions" a f $e&EPG still a viable and perrnittable regional limited ace,. -` roadway? Areihere segTents of the SEPG alignment that have indepo.: a l;t r s.roaay segments? 3. Are there other future/potential uses for the SEPG R/W? YES: Utilities and other transportation uses A. W ha -estimated cm r-4-07"="'= 21 11B Virginia Beach Other Potential Uses • Transit ®p. '. • Utilities • Bike/Ped "a. kit 14P. 22 Virginia Beach Today's Purpose Address the following questions: 1. is the SEPG still a viable and permittable regional limited access roadway? 2. Are there segments of the SEPG alignment that have independent utility as roadway segments? 3, Are there other future/potential uses for the SEPG R/W? 4. What is the estimated sale value of the parcels that could be sold within the SEPG R/W?REFINING 23 Virginia Beach R/W Analysis SOUTHEASTERN PARKWAY and GREENBELT Ii�e�l • 3131 Ac.Publicly Owned(60%) 525±Ac.(Total Footprint SEPG) • 1131 Ac.Wetlands(36%) • 2623 Ac.City(50%) • (P6 Ac Wetlands) I Red-Boundaries of SEPG • 43 Ac.State(1%) 1 Yellow-City-Owned Property • 473 Ac.Federal(9%) Orange-Pending Closing(Lilley/Beillio Borrow Pit 212±Ac.Privately Owned Property)to be used for dredging spoils site • y Green-non City-Owned Property • 35±Ac.Wetlands(17%) • Additional 1,058± Ac.City-Owned outside of the SEPG Footprint • 385 Ac.Wetlands or 36% • Total owned by City,1,320±Ac. ; • (4812 Ac Wetlands or 36%) rte, 24 113Virginia Beach R/W Analysis • Funding Sources: SEPG, CIPs, BRAC, ITA, Various Site Acquisition I & II — SEPG-$23.2M± — BRAC/APZ1/Clear Zone/ITA-$9M ± — Lake Ridge-$9.5M± — Various Site Acquisitions I & II-$1.5M ± — Misc. Road Projects-$800,000± • Estimated amount spent -$44M± — If properties were purchased in today's dollars,the amount would be significantly higher 25 /3 Virginia Beach R/W Analysis Purchase Price vs.Assessment Value of property acquired by City by Section (includes property outside of the SEPG Footprint)` • Segment 1:1-264 to Oceana Blvd. (178 t A.150 s Ac.Wetlands) i • - • Purchase price$13 M± • APZ-1 properties valued as if unrestricted by oe�si BRAC program E n o«a • Assessed Value$7.4 M± vrl«reorro. • Much of this property is APZ-1,or is currently being used as dredging spoils site • Potential Surplus—total$2.4 M t Assessed Value— • Parcels 142-151(Cradle Road Area • Parcel 155(across from Harpers Rd • Parcel 157 adjacent to Brooke Green Farm *Purchase price does not include acquisition costs,demolition fees,etc. 26 V3 Virginia Beach R/W Analysis Purchase Price vs.Assessment Value of property acquired by City by Section (includes property outside of the SEPG Footprint)* • Segment 2: Oceana Blvd.to Dam Neck Rd. w4,n� M (2 t Ac/0 Wetlands) • Purchase price$234,000 wa (only one parcel) • Assessed Value$867,000 • Potential surplus(Parcel 167) Near Beacons Reach Dr. *Purchase price does not include acquisition \ costs.demolition fees,etc. T 27 Iiii3 Virginia Beach R/W Analysis Purchase price vs.Assessment Value of property acquired by City by Section (includes property outside of the SEPG Footprint)* • Segment 3: Dam Neck Rd. to PA Rd. „69. 70t Ac wetlands) • Purchase price$10.5 M± • Assessed Value$12.1 M± • Potential surplus Total$3.6 Mt Assessment Value-Parcels 215,21/4, 13.211 Open space 28 *Purchase price does not include acquisition costs,demolition fees.etc_, NB Virginia Beach R/W Analysis Purchase Price vs.Assessment Value of property acquired by City by Section (includes property outside of the SEPG Footprint)* • Segment 4: PA Rd.to Indian River Rd.t956S Ac./292s Ac.Wedandal • Purchase Price$15 M± • Assessed Value$39.1 M± • Princess Anne Commons/ITA area-being developed by SGA/Planning t _ 'Purchase price does not include acquisition fees,etc 29 Virginia Beach R/W Analysis Purchase Price vs.Assessment Value of property acquired by City by Section (includes property outside of the SEPG Footprint)* • Segment 5: Indian River Rd.to Ches. Line(91t Ac ie2 A�wene�dsiw .�'LG • Purchase Price$2.3 M± `'� • Assessed Value$9.7 M± "' *1111: `' , 'Purchase price does not include acquisition costs,demolition fees,etc. ^ SECTIONS %r`'.'F INDIAN RIVER RD ``t$ TO y'"'CITY OF CHESAPEAKE .,,,,,'e '''y\ VSrJ Virginia Beach R/W Analysis SEPG Potential Surplus Properties Parcel AREA(SF)Total Number GPIN Parcel Area Address INSTRUMENT 142 24182738080000 887268 1380 CREDLE RD 20150807000762860 143 24182738490000 5400.21 1376 CREOLE RD 20150807000762860 144 24162739800000 5400.16 1372 CREDLE RD 20150807000762860 145 24162749200000 5400.10 1388 CREDLE RD 20150807000782860 148 24182749810000 540005 1364 CREDLE RD 20150807000762860 147 24162759020000 539999 1360 CREDLE RD 20150807000762860 148 24162759430000 539994 1356 CREDLE RD 20150807000762860 150 24162746660000 47387.19 OCEANA BLVD. 20070521000683130 151 24162744580000 2782585 592 OCEANA BLVD 20070521000683130 155 24163076710000 993996.91 1200 OCEANA BLVD 20050908001421480 157 24164022210000 79929.33 1244 OCEANA BLVD DB4158 PG2060 167 24154914430000 80291.48 1251 OCEANA BLVD DB 4130 PG 763 211 14946990580000 567536.86 1952 MAPLE SHADE DR DB 3961 PG 2172 213 14948829730000 444361.76 HOLLAND RD DB 3898 PG 1257 214 1494599W 10000 136350.80 2728 HOLLAND RD DB 2958 PG 20 215 14945960080000 147954.70 HOLLAND RD DB 3961 PG 2172 31 13 Virginia Beach R/W Analysis Breakdown of some of the CIP's utilized —BRAC/APZ1/Clear Zone/ITA- 26 Acres± — Lake Ridge - 829 Acres± —SEPG— 361 Acres ± —Various Site Acquisitions I & II - 15 Acres ± — Misc Rd. projects - 46 Acres ± —Open Space (dedication)- 33 Acres ± 32 V3 Virginia Beach Land Use - Recent Past • 1997: Estimated area of undeveloped land north of Green Line was 13,000 acres • 2003-Strategic Growth Areas(SGAs)concept was first introduced into 2003 Comprehensive Plan as areas for future growth,while protecting stable residential neighborhoods and preserving our rural heritage. • 2005-Present-Further reduced by Oceana Land Use Conformity Program,preventing residential and hotel development in high noise areas • 2007- Estimated area of undeveloped land to be less than 5,000 acres • 2009-SGAs redefined and reaffirmed in City's 2009 Comprehensive Plan.SEGA5 and SGAs • 2007-2013-SGA Master Plans adopted,responsive to changing demographic and market trends over time to remain economically competitive,attract growth and offer a mixed-use lifestyle choice as city matures 33 VW Virginia Beach Land Use - Existing and Planned --- a -- - - Strategic Growth Areas \ r r `, — 5Q 2%of Land Area= %ofyro`wth r Military Installations • 8%of Land Area=Stable • Suburl, B uiL dA ,k21 W J '1 Transition Area 2%of Land Area ; =15-2Q%of growth 1 \ Rural+Parks 50%of Land Area=ata1,212 34 V'VJ Virginia Beach Land Use - ITA Master Plan Design Principles Protect the operational viability of NAS Oceana �.. and NALF Fentress • ✓Do not compete with SGAs for the same type of ra r commercial and economic development110449 - —'- ✓Let ITA plan and uses drive infrastructure scale, • ~ �+ types,phasing while considering the Master Transportation Plan ✓Improve safety of existing road network in a way that is consistent with context and character • ✓Preserve and enhance historic,cultural,rural and natural heritage of area l • ✓Build extensive and interconnected open space E • and trail network while protecting streams and waterways 35 1113Virginia Beach Land Use - ITA Master Plan Design Principles »Preserve and enhance the historic,cultural, rural,and natural heritage of the area »Protect streams and waterways Protect the operational viability of NAS f t4. Oceana/NALF Fentress »Improve safety of existing road network in a , "fit. way that is consistent with context and '►)" k.r� character \ 81 Build a center for education,research,and wellness -J:4 in Process of ITA and Vicinity Master Plan Update* 36 Virginia Beach Land Use—Existing and Planned Princess Anne Commons Uses ✓Concentrate intensity of commercial,institutional,and how , residential growth around existing , •�j urbanized areas: Municipal Center and Princess Anne •\ Commons. ✓Build a center for education, JF \ research,and wellness CONCEPTUAL MASTER PLAN-OPTION A ITA CORPORATE PARK DEVELOPMENT .,.9 110 Cc,Of ECONOMIC DEVELOPMENT . ,. ..,, .... NWLEYVH NORN AND ASSOCIATES I WPL LANDSCAPE ARCHITECTS LAND SURVEYORS CIVIL ENGINEERS Today's Purpose Address the following questions: 1. Is the SEPG still a viable and permittable regional limited access roadway? NO 2 Are there segments of the SEPG alignment that have independent utility as YES roadway segments? 3 Are there other future/potential uses for the SEPG R/W? YES: UTILITIES AND OTHER TRANSPORTATION USES 4. What is the estimated sale value of the parcels that could be sold within the SEPG R/W? REFINING 38 Virginia Beach Recommendations/Next Steps • Remove segments 1 &2 of the ; . • SEPG from the MTP H. • Remove all of segment 3 except _, t Holland to PA 1\ , k.. ,› • Retain segments 4&5 of the _–, / - — SEPG �` t • Wait until ITA Plan is developed �� �� N; 39 113 Virginia Beach 25 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 5:13 P.M. Mayor Sessoms welcomed Steve Cover, Chief—Fire Department and congratulated him on his promotion to Deputy City Manager. Chief Cover expressed his appreciation to the City Council for their continued support: City of Virginia Beach Recovery Update • Rk All Hands on Deck Briefing October 18, 2016 The top left picture is Sandbridge Beach at Dam Neck Naval Base, the top right picture is Honey Bee Golf Course, bottom left is Indian River Road and bottom right is Waypoint Apartments—all post-storm: w rot - - -444 Vr4 Wth- • • sve�.'keff October 18, 2016 26 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) To-date, over 1,400 homes and apartments have been assessed and expect about 200 more to be assessed today. Chief Cover expressed appreciation to Virginia Department of Emergency Management(VDEM) and the City Assessors office for their assistance. There are eight(8)destroyed homes and 124 homes with "major damage". It is important to note, major damage means the home is uninhabitable: Verified - Individual Assistance • Total Assessed to date: mu-__--,oma---■�_ — 1033 assessed Saturday— EZICZ — 220 assessed Sunday in • Destroyed and Major ____ — 8 destroyed — 103 major Ilia ' " a• • 2 teams back in the field ' ' ' 0© today(10-18)to track riliSid • 0®0® additional minor/affected , — . a 000 • Real Estate Office critically important to this _ a E ��� assessment. Q®1121 The City has performed work and services of approximately $4.8-Million to-date and expects the City's loss to be close to $7-Million. The State has to perform work and services of$11-Million before the Federal Government will consider contributing funds: Verified - Public Assistance Assessed Damage by FEMA Category p•Ba/RK/mxe,$30,000 U0IRy Systems,5230,500 Deem.$5.707,660 BURdirys/Equlpmem, $5.514,036 •Debts •Emergency pmttceve Measures .Rwds arM Bridges •Water Cnntml Faciities u Ruildings/Equipment •milts Systems n parFs/Rec/OMer Water oglr,aRMee, mmn $97,500 Total:$4,796,884 Meets Virginia Beach goal, contributing to state's$11M October 18, 2016 27 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) Below is an overview of the Clean-up: Clean-up • Crisis Clean-up(0830) • Team Rubicon — 228 requests for service — Assessments conducted • 134 muck/mold(5 assigned) — VBFD(25)assisting them today • 24 trees • Operation Blessing • 5tarps • 31 rebuilds — Training conducted this • 5 debris morning • 29 other(1 assigned) — VBPD(50)assisting them today — 18-20 from Lowes — 10 others • UM Corps has completed 6 ., homes(muck and gut) — accepting volunteers 52 5948 • Conservative Baptists have 2 teams in Windsor Woods and Oaks and are conducting assessments. Below is an overview of the Clean-up being performed by Public Safety employees: Public Safety • VBFD • VBEMS — Coordinating with Team Rubicon for — Continuing normal operations recruits/off duty to volunteer(25 recruits) — Standing by for sheltering needs if — Food Collection continues at Fire Stations necessary • VBPD • ECCS — Precincts are providing additional patrols — No significant changes 911 call volume to the neighborhoods most affected by returning to normal,311 call volume the storm still above average — All abandoned vehicles have been — Emails can be sent to removed from the precinct VB311@vbgov.com — Coordinating with Operation Blessing recruits/off duty to volunteer(50 recruits) a9 47' i October 18, 2016 28 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) Public Works Department is working diligently in the Clean-up efforts: Public Works r 14i • • • e ,I' Public Works has collected about 1,600 tons of debris: Residential Flood Damage—Tonnage&Locations ; 1092016 Sunday 0 0 0 0 0 0 • 0 .�i1�010MMN�1�1(1► 10/102016:Monday 93.18. 0 0 93.18 5 0 0 Leon 7 Ntir47or Nbode 7 10/112016 Tuesday 260.7 0 0 260.7 11 0 2 Deer p**awC,.* 4 10/122016Wednesday 176.89 10.04 0 186.9: 11 0 2 8' C,INt 3 10/132016Thursday 9.37 22.1 108.27 139.74 11 0 2 Clc>•en boas 2 10/142016 Friday 0 0 144.28. 144.28 11 4 2 Lake pock! 2 10/152016 Saturday 0 223.47 0 223.47 12 22 5 prd' Ann 2 10/162016 Sunday 0 0 294.06294.06 12 30 5 Lamp Lied 2 10/172016 Monday 0v' 2x55r 25�6..2;52588 12 30'. 2 tat •, wf.$lrwt.v6 _. October 18, 2016 29 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) Public Works has collected about 1,600 tons of yard of debris: HURRICANE MATTHEW WM-Yard Debris-Tonnage 10/92016 Sunday 0... 0 Nocollec5on 10/102016 Monday 0 0 No collection 10/11/2016 Tuesday 273 22 Tuesday 10/12/2016 Wednesday 245 19 Tuesday 10/132016 Thursday 263 20 Tuesday/Wednesday 10/142016 Friday 357 20 Wednesday 10/15/2016 Saturday 326 20 Thursday 10/16/2016 Sunday 0 0 No collection 10/17/2016 Monday 371 21 Fed 90% Average weakly collection 800T • The landfill reopened Saturday with modified access. The picture below shows the damage to Prosperity Road and Indian River Road: Public Workso� '5r • Landfill reopened Saturday 10/15/16 with modified access • SPSA Transfer Station residential assistance provided Wednesday to Friday,also extra hours for residents provide Saturday and Sunday 12-4 • Work started this morning at Prosperity Road, 10/18/2016 at 7:00 am. — Pictures illustrate the damage,and this morning's progress to 10:30 am. — We are going to do our best to complete this 320'of roadway/shoulder repairs by the end of the day if all goes well. • Update: — Collected 30,000 cu yards,have about 55,000 more to collect — Unsure on how many more passes they will have to make; "last pass"week-10 days away — 12 more days on yard debris,43 crews working(contractors as J .A-' - well) — 1600 tons of flood debris — Debris going to City Landfill,HRRC and SPSA ,•a. October 18, 2016 30 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) The City has incurred approximately$622,000 in fleet management: Fleet Management • Most vehicles that have been in high water have been evaluated and accessed for damage. • Towed in approximately 43 vehicles during and after the storm. • Total vehicles being repaired is 12. • Reassigned personnel to ensure coverage. • One incident at Station 3—the unleaded underground tank had 3 inches of rain water intrusion through the inspection port. It was taken down for 24 hours. Water was removed and is being repaired. They are resealing the inspection port and there was no discharge. • 4,100 gallons of fuel delivered by the City's fuel truck to different active sites both mobile and fixed generators. Vehicle losses so far:$622,000 • 14 PD units • 1 Fire Truck • 1 Marine Response Team Truck • 5 Human Services vehicles • 1 pump at the Landfill is assumed to be in the pit Below is an overview of the status of Public Utilities: Public Utilities Sanitary Sewer Vacuum Sewers • Fully operational HRSD Columbus/Independence Blvd interceptor line • There is a leak on the 30"HRSD force main at Columbus Street and Independence Blvd. Contractor open cut Independence Blvd but was unable to determine extent of damage • Repair work continues in coordination with Public Utilities • Two lanes of Independence Blvd remain closed • HRSD issued traffic advisory last evening • DPU deployed by-pass pump at the Pine Tree sanitary sewer pump station in the event City flows need to be redirected • DPU will continue to coordinate repair efforts with HRSD Water Utility Fully operational October 18, 2016 31 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) Below is an overview of the efforts of Housing and Human Services: Housing and Human Services • Benefits provided at Bow Creek Recreation Center-open 10-4 today • Assessing for a smaller triage plan for the rest of the week — Participating Organizations — DHNP,Va.Beach Public Schools,311,EMS,Red Cross — Assistance with transportation — Assistance with food insecurities — Line cued at opening yesterday • Families Assisted at Bow Creek CRC-451 • Housing biggest need — 120 hotel reservations,$78,000 to date(107 families-322 people) — Recommendations being prepared for today • Currently,conducting data reconciliation process with all spreadsheets Below is an overview of the efforts of Housing and Human Services: Volunteer Resources • Food collection at every city fire station and manned by CERT& MRC volunteers • Volunteers should go through Operation Blessing (link on Vbgov.com for this) • Team Rubicon in the field and accepting skilled volunteers from military and first responders • Food Request submitted and in progress to Farm Fresh and Harris Teeter • United Methodist Corps has 4 teams in the field and accepting volunteers. • United Way accepting funds for hurricane relief in Virginia Beach—removing admin fees October 18, 2016 32 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) Other Items • Elbow and North Landing Open today • Assist Our Own! Directors emphasis • Tracking volunteer hours!!! • ; - • _ ' dr To-date, the City has incurred over$3-Million: Mathew Storm Recovery Cost Through Oct 2017 Housing(airsadyfunded)S 78,000 Hotel AssiSers•appromat viaCief Manner Transfer ECCS 10,300 Hours worked net originally scheduled Fre 6,000 Overtime and dust masks aims and Recreation- 70,750 S 70,750 Ovenina,suavest end convactuel tree removal landscape .9000 Public Worm 3,205,000 3,000,000 Overtime,contractual!pumprig end debts remove' Maim Communications 1,096 Brochumis distributed by etre Department. Human Services 15,000 Overtime Public Militias 92,796 Overtime/contractual cot Police 30,350 Overtime and suppies Cast to Date 3,514,292 3,070,750 October 18, 2016 33 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) Below is an estimate of the funds that will be needed in this recovery effort: Mathew Storm Recovery Cost-Additional Costs Needed nouekg S no¢o No&Aesistanw Non-Departmental 300,000 501 c(3)?doctor Profit Public Works 5,400,400 Additional D.bkR.moual AddhbMl Amount S 5,725,50 Overtime,supplies and contractual Needed: tree removal Mather Storm Rtcoe yCe¢-hrarg Stmrtary Expenditures S 8,795,7jo Strnnwy Funding Sources: Compensation S 1,100,000 R1NMs Fund Belence S 7,69650 Three (3)Recovery Ordinances have been drafted for City Council's consideration tonight: Ordinances • AN ORDINANCE TO TRANSFER$1,100,000 AND TO APPROPRIATE$7,695,750 FROM FUND BALANCE FOR EXPENDITURES RELATED TO HURRICANE MATTHEW • AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO DONATE EXCESS PERSONAL PROPERTY AND UP TO $300,000 FOR EMERGENCY RELIEF TO RESIDENTS • AN ORDINANCE TO ADD SECTION 8-38 OF THE CITY CODE, BUILDING AND BUILDING REGULATIONS,BY ALLOWING THE WAIVER OF PERMIT FEES FOR CERTAIN EMERGENCIES October 18, 2016 34 CITY MANAGER'S BRIEFINGS POST-HURRICANE MATTHEW RESILIENCY UPDATE ITEM#66420 (Continued) Discussion ¢Q71 - w.t � Y Mayor Sessoms thanked Chief Cover and the entire Team for their hard work. October 18, 2016 35 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 5:02 P.M. On August 13th, the Finance Department officially closed the City's financial accounting records for Fiscal Year ended June 30, 2016, and is in the process of analyzing revenues and expenses, developing work papers and assembling financial statements and supplemental information for the City's 50+funds in preparation for the City's Auditors, Cherry Bekaert. The Comprehensive Annual Financial Report, (CAFR), containing audited financial statements for all funds, will be presented to City Council on December 13`''. However, to assist in planning for upcoming financial decisions, preliminary unaudited key financial statements are presented noting the Finance Department still has a great deal of analysis to complete, and as such, these amounts could change: PRELIMINARY UNAUDITED FINANCIAL RESULTS ('ity of Virginia Beach F• inance June 30, 2016 Today's Briefing will focus on the five (5)major funds: Agenda u Status of Major Funds General Fund u Schools Water&Sewer r Waste Management TIP Summary u Next Steps \53 October 18, 2016 36 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) City Council has adopted a Policy of maintaining a General Fund Balance of 8-12% of the subsequent year's revenue. As of June 30`J', the Unassigned General Fund Balance was$114.1 -Million, or 10.72%of FY 2016 Revenue: General Fund Budget to Actual June 30, 2016 (in millions$) %of BUDGET ACTUAL VARIANCE Budget LOCAL $ 879.8 $ 881.0 $ 1.2 0.1% STATE 154.2 154.2 - 0.0% FEDERAL 19.6 20.3 0.7 3.6% TOTAL REVENUES $1,053.6 $1,055.5 $ 1.9 0.2% CITY $ 677.9 $ 637.8 $ 40.1 5.9% SCHOOLS 420.4 404.8 15.6 3.7% TOTAL EXPENDITURES* $1,098.3 $1,042.6 $ 55.7 5.1% REVENUES OVER(UNDER) $ (44.7) $ 12.9 $ 57.6 FUND BALANCE-JULY 1 150.5 LESS:RESERVATIONS (49.3) UNASSIGNED FUND BALANCE-JUNE 30 $ 114.1 \B Fund Balance as a percent of FY 17 revenue is 10.72% *Reflects encumbrances of$8.3M Below is the Summary of the General Fund Budget: Summary of General Fund Revenues June 30, 2016 FY1016 WO FY16 Beset S Dib. * Rcat Fslalr Ta us , 46x.1] 4 46,6,4 (1.6,1 N9 4„1 6.1 Pers.Pmp.Tax ReliefAct 53.4 53.4 0.0 5*Ills$.di.la\ 1.1.1 1.3 l!tilil�1 _56 74 c 111.11 Telrcolnlivnirmios.]axes Ix._' 17.7_ 11111 I)a,rolls Lirrnses 4n„v 45_1 11.51 • IIr1el 1:1 , ,11 • Ince. 4114 I.- • I sscslle l ase. 1].6 `(5 I-'.I I -` 177-.61 (hher('hnn�e(InSrn lir,. _6) 11(61 t nlierl ural Ke„nar, 4e5.2 - I., Commanweahh-Maintenance of Roads 48.0 48.0 0.0 Vin , yea lh-1{111tsln SenlIes 1(111 295 (11.21 * 155rUx5ll5,r,]Ilt I3I,e111;111 lies,ssas _ $ _ _ '(i' 11.7 • Tmnsfets fiom Other Funds _ 9.8 9.8 0.0 $ jaw_ 1.9 % •GF portion only ••%does not include PPIRA portion reeo=Faceed Bsdget lied=Under Budget October 18, 2016 37 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) Real Estate Tax was$1.6-Million under Budget and 6.1%from last year: Real Estate Taxes — General Fund June 30, 2010—2016 Ell 500 468A 466.4 436.1 437.4 439.0 441D 427.1 428.2 443.1 443.7 421.8 423.2 400 - 300 Under Budget by 200 __ 51.6M Higher by 522.7M or 5.1%from PY 100 - 0 I FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 M3 ■Budeet ■Actual Local Personal Property Tax was $6.1-Million over Budget and is the highest amount collected in the past five (5)years: Personal Property Taxes June 30, 2011 —2016 100 —--- 909 89. 85.2 83. So 79.0 0 703 73.7 65.2 65.9 E S 60 Over Budget by 40 - 86.1M Higher by 55.0M or 5.5%from PY 20 u NBFY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 ri::i ID Budget__--. -,Actual 1 October 18, 2016 38 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) General Sales Tax was$1.3-Million over Budget and up 5.1%from last year: General Sales Taxes June 30, 2011 —2016 NM 600 59.6 61.1 60 58.0 56A 562 50.6 51.7 5" 53.4 54,1 55.0 50 c 40 0 f 30 Over Budget by Y 51.3M a 20 Higher by 52.9M or 5.1%from PY 30 o III al‘B FY 2011 FY 2012 •FY 2013 FY 2014 FY 2015 FY 2016 �__ ■Budget ■Actwl Business License Tax was$1.5-Million under Budget. This is most likely a reflection of the exemption for new businesses that began in 2012 which allows any new business in the first 2 years of operation to be exempt from business license tax: Business License June 30, 2011 —2016 la7I 50 47.6 40.6 41.3 41.3 41.1 42A 442 42.8 44A 45.3 44.6 46d 40 i30 Under Budget by 20 51.5M Higher by$714k 10 or 1.6%from PY 0 I FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 u3 ■Budget ■Actwl October 18, 2016 39 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) Hotel Room Taxes are the highest of those collections on record: Hotel Room Taxes — General Fund June 30,2011 —2016 1012 66.3 6.6 6.1 5.9 6.0 - 6 5.5 5.6 5.8 5.1 o_ f4 Over Budget by Y *320k a2 - Higher by$441k or 7.1%from PY 0 w FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 _Bit II Actual _1 *General Fund Portion—2%of total 8% Hotel Room Taxes — City Wide June 30, 2011 —2016 30 29.8 27.4 26.6 27.2 27.9 28.4 25 24.4 25.1 25.0 25.4 26.0 22.7 0 20 - f N 15 8 HeR Room tares 6X Aeoeadon Over Budget by z 10 General Fund-2% 61.4M TIP-5% TAP-1%♦g1 par roan nigh Higher by$1 9M 6arld6Mge-61 par room MgM 5 CBG TIF-$500K annually or 6.7%from PY FY 2011 FY 2012FY 2013 FY 2014 FY 2015 FY 2016 Y Budget ■Actual ] October 18, 2016 40 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) Restaurant Meal Taxes are also the highest of those collections on record: Restaurant Meal Taxes — General Fund June 30, 2011 —2016 MI 40.4 40 - 38.0382 38.. 37.1 36.2 323 322 34A 35.1 35.1 30.7 30 `o f X20 I ;z:; 10 2011 FY 2012 ;13.= FY 2014 FY 2015 FY 2016 41I o - _..■ 5 3 *General Fund Portion-3.5%of total 5.5% Restaurant Meal Taxes — City Wide June 30,2011 —2016 63.4 60 - 581 569 59.6 60.0 60'8 504 51.8 53.3 • 55.1 50 - 46.2 040 f H u 30 - Mag Taap 6.5%Ateceaaxr Over Budget by a 20 - " General Fund-3.5% 53.5M TIP-1.06% TAP-0.5% Higher by 55.0M t0 - r.°n SPIT:0'1:22S 0'22 ; or 5.8%from PY MuaFnoOal-0.22% 0 1 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Mi3 IF-__..ii Budget_-_._ -&Actual October 18, 2016 41 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) State Revenue collected was $154.4-Million, and up 4.7%from last year: State Revenue - General Fund June 30, 2011 -2016 11111 $175 154.7154.4$150 143.5 140.7 143.8 144.1 145.4 143.4 149.3 145.9 150.5 147.5 $1.25 f ioo $75 Under Budget by $so 8218k Higher by$7.0M $25 - or 4.7%from PY $o FY 2011 FY 2012_ _ FY 2013 FY 2014 FY 2$i5 FY 2016 1 'Budget --._l Actual_----- A3 *Includes$53.4M in PPTRA The City underspent the Expenditure Budget by $40.1-Million and the Schools underspent by $15.6- Million: FY16 General Fund Expenditures ($in millions) Budget Actual Variance %Savings City Expenses: Departments $ 592.8 $ 554.3 * $ 38.5 Debt Service 49.7 48.1 1.6 Capital Projects 35.4 35.4 - Total 677.9 637.8 40.1 5.9% Schools(City Funding): Operating Transfers $ 372.3 $ 356.7 $ 15.6 Debt Service 43.9 43.9 - Capital Projects 4.2 4.2 Total 420.4 404.8 15.6 3.7% Total Expenditures $ 1,098.3 $ 1,042.6 $ 55.7 5.1% ,13 *Includes encumbrances of$8.3M October 18, 2016 42 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) Unassigned General Fund Balance June 30, 2016—Unaudited .:_. 11.9% __. .. 11.0% 10.7% -TS% 10.7%12.0% 10 1 10.1 10.4% siso 9% y- 8.0% 1111111111::: ubam's 2007 2009 2009 2010 2011 2012 2013 2014 2015 2016 ar��1� ` ®UnasslBnetlGFBalance r.%o/eutlBetetlGF Revenue i The majority of loans are to the local Rescue Squads for ambulances which are repaid in full, interest free: Unassigned General Fund Balance June 30, 2016— Unaudited in millions$ Total Fund Balance June 30,2016 $ 163.4 Less: Nonspendable: Inventories 4.7 Loans Receivable 6.3 Restricted: Community Services Board 0.6 Assigned: School Reversion&Revenue Sharing 16.7 FY 2017 City CIP Budget 8.0 Waste Management fund 10.1 FY 2017 School Operating Budget 0.4 Risk Management Fund 2.0 Carry Forwards 0.5 49.3 Total Unassigned Fund Balance 114.1 ,'3 %of FY 2017 Revenues 10.72% October 18, 2016 43 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) Below is the Summary of the School's Operating Fund: School Operating Fund Revenues& Expenditures for FYI l® v (in millions$) Midget Actual Variance REVENUES: City $ 404.0 $ 404.0 $ - State Share of Sales Tax 71.8 72.4 0.6 Commonwealth 250.0 249.6 (0.4) Federal Government 12.5 11.0 (1.5) Other 11.1 11.4 0.3 Total Revenues $ 749.4 $ 748.4 $ (1.0) EXPENDITURES: Instruction $ 530.8 $ 522.9 $ 7.9 Admin&Pupil Transportation 57.0 54.8 2.2 Operations&Maintenance 93.5 89.4 4.1 Technology 32.6 31.2 1.4 Debt Service 44.8 44.1 0.7 Total Expenditures* $ 758.7 $ 742.4 $ 16.3 Total Reversion to City $ 15.6 *Reflects encumbrances of$7.8 million Below is the Summary of the Water and Sewer Enterprise Fund: Water & Sewer Enterprise Fund Budget to Actual at June 30, 2016 is (in millions$) Budget Actual Diff Charges for Services $ 72.1 $ 76.4 $ 4.3 Sale of Water 43.9 44.8 0.9 Norfolk True-Up - 3.3 3.3 Connection Fees 1.9 3.6 1.7 Other 2.8 4.1 1.3 Total Revenues $ 120.7 $ 132.2 $ 11.5 Water Services Contract $ 24.9 $ 24.5 $ 0.3 Operating Expenses 64.2 65.5 (1.3) Debt Service 24.8 18.8 6.0 Transfers to CIP 16.3 16.3 0.0 Total Expenditures $ 130.2 $ 125.1 $ 5.1 October 18, 2016 44 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) Below is the Summary of the Waste Management Enterprise Fund: Waste Management Enterprise Fund Budget to Actual at June 30, 2016 (in millions$) .., .. .<.s. .....- ,.. ., Budget Actual Diff Charges for Services $ 32.4 $ 32.6 $ 0.3 SPSA Rebate 4.0 4.2 0.2 Other 0.9 0.9 0.0 Transfer from GF 5.2 5.2 0.0 Total Revenues $ 42.5 $ 43.0 $ 0.5 Program Support $ 1.0 $ 0.8 $ 0.1 Waste Disposal 21.2 20.1 1.1 Waste Collection 11.8 10.9 0.9 Yard Debris/Hazardous Waste 2.3 1.4 0.9 Recycling 5.0 4.8 0.3 Transfers to Water&Sewer 0.5 0.5 0.0 Transfers to General Fund 2.1 2.0 0.1 Total Expenditures $ 43.9 $ 40.5 $ 3.3 Below is the Summary of the Tourism Investment Program Fund: Tourism Investment Program Fund Budget to Actual at June 30, 2016 (in million$) • Budget Actual Diff Hotel Room Tax $ 16.1 $ 16.9 $ 0.8 Restaurant Meal Tax 11.7 12.2 0.4 Amusement Tax 6.4 7.0 0.6 Cigarette Tax 0.8 0.7 (0.1) Other 1.7 1.5 (0.2) Total Revenues $ 36.8 $ 38.4 $ 1.7 Debt Service $ 24.1 $ 23.1 $ 1.0 SGA Special Events 4.0 3.6 0.5 Operating Expenses 5.6 2.8 2.8 Transfer to Sandbridge SSD 2.4 2.7 (0.3) Transfer to Multimodal 0.8 0.8 - Total Expenditures $ 36.9 $ 33.0 $ 3.8 Net Change in Fund Balance $ 5.4 October 18, 2016 45 CITY MANAGER'S BRIEFINGS FY2016 UNAUDITED FINANCIAL RESULTS ITEM#66421 (Continued) Summary ❑ Fund Balance within Council policy Jo 10.72%FY16 vs.9.33%FY 15 a Reservations include: ✓ Schools Operating Budget-$4091( r School Revenue Sharing-$1.2M r School Reversion-$15.5M • FY17 CIP Budget-$8.0M ✓ Waste Management/SPSA-$10.1M IF Risk Management-$2.0M EI Departments continue to manage their budgets El Includes $1 1M savings from Hiring Freeze Below are the Next Steps: Next steps 5 Year Forecast November 2016 FY16 Audited Financials Dec. 13,2016 u November Interim Financials Dec. 13,2016 FY18 Budget Proposal March 2017 FY18 Budget Adoption May 9,2017 ,'3 Mayor Sessoms thanked Mrs. Phillips and the entire Team for their hard work. October 18, 2016 46 AGENDA REVIEW SESSION ITEM#66422 5:55 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City's FY 2016-17 Appropriation Ordinance and Operating Budget to provide State-supported Constitutional Officers and their employees a one percent (1%) Merit Pay increase despite the lack of funding by the State; and, AFFIRM the original allocation of funds to the Schools 2. Resolution to CONFIRM ADDING the requested Human Rights and Racial Profiling item to the Virginia Beach 2017 Legislative Agenda 3. Ordinance to GRANT a Nonexclusive Franchise to install/maintain/operate telecommunications in the City's public streets and rights-of-way to Metro Fiber Networks,Inc. 4. Resolutions to SUPPORT the City's applications to the Virginia Department of Transportation (VDOT)for funding grants: a. FY 2017-18 Transportation Alternatives Set Aside Program re pedestrian, bicycle facilities and community improvements b. FY 2017-18 Revenue Sharing Program re Capital Improvements Projects for Shore Drive Corridor, Princess Anne Road, Nimmo Parkway and Sandbridge Road c. FY 2022-23 SMART SCALE Program re improvement projects for Laskin Road, Cleveland Street and Indian River Road 5. Resolution to ESTABLISH Miracle Medical Transport d/b/a Mid-Atlantic Regional Ambulance and AUTHORIZE an annual EMS Permit re private ambulance services 6. Resolution to REQUEST that the Virginia Department of Environmental Quality require Omega Protein, Inc. to test discharged slurry to protect public health 7. Ordinance to AUTHORIZE the Virginia Aquarium &Marine Science Center Foundation, Inc. to grant naming rights to the Marine Animal Conservation Center as the "Darden Marine Animal Conservation Center" 8. Ordinance to AUTHORIZE a temporary encroachment to Marshall H. Groom, Jr. and Jennifer Regan Hoover into a portion of City property known as Black Duck Inlet for a bulkhead at the rear of 305 Back Bay Crescent DISTRICT 7—PRINCESS ANNE 9. Ordinances to: a. TRANSFER $10,000 from the General Fund Reserve for Contingencies to the FY 2016-17 Operating Budget for the Virginia Beach Council of Civic Organizations' Annual Neighborhood Conference October 18, 2016 47 AGENDA REVIEW SESSION ITEM#66422 (Continued) b. ACCEPT/APPROPRIATE from the Virginia Department of Health, Office of Emergency Medical Services Four-for-Life to the FY 2016-17 Operating Budget of Emergency Medical Services re the purchase of rescue equipment and medical supplies: i. $20,042 Return to Localities Program ii. $17,597 Training Program c. ACCEPT / APPROPRIATE a Clean Vessel Act Grant of $40,000 from the Virginia Department of Health to Stormwater Quality Enhancements II MAYOR SESSOMS WILL ABSTAIN ON ITEM#8 October 18, 2016 48 AGENDA REVIEW SESSION ITEM#66422 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. ALEXIS DEVELOPMENT, LLC/WILLIAM K and ANNE WRIGHT for a Subdivision Variance re single family dwellings at 221 76th Street DISTRICT 5—LYNNHAVEN 2. BRYON HARRINGTON, SR. /JOSEPH HARRINGTON, JR., KIRK HARRINGTON, SR., BARBARA CASON, LORETTA HARRINGTON and AVIS BLUE for a Change of Zoning from AG-2 Agricultural District to R-20 Residential District re single family dwellings at 2597 Leroy Road DISTRICT 7—PRINCESS ANNE 3. ZOBSTER AUTOMOTIVE, LLC/BEACH HOLDINGS, LLC for a Conditional Use Permit re an auto repair garage at 5772-D Arrowhead Drive DISTRICT 2—KEMPSVILLE 4. JOYNT ENTERPRISES,INC. TM PEMBROKE AUTO SALES/HD HOLDINGS,LLC for Conditional Use Permits re vehicle sales, rental and auto repair at 3825 Bonney Road DISTRICT 5—LYNNHAVEN 5. GEE'S PROPERTIES, LLC for a Conditional Use Permit re mini-warehouse at 4740 Baxter Road DISTRICT 4—BAYSIDE 6. THE TAR ROOF, LLC / BURROUGHS FAMILY REVOCABLE TRUST for Conditional Use Permits re an open air market and assembly use at 1791 Princess Anne Road DISTRICT 7—PRINCESS ANNE 7. HARRIS TEETER PROPERTIES for a Conditional Use Permit re fuel sales at 2105 Princess Anne Road DISTRICT 7—PRINCESS ANNE 8. CITY OF VIRGINIA BEACH An Ordinance to AMEND Sections 210.2, 2210 and 2211 of the City Zoning Ordinance pertaining to Definitions of Sign Types, Sign Regulations and Sign Design Guidelines for the CBC Central Business Core District ITEM#1 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 **THERE WAS NO CLOSED SESSION October 18, 2016 49 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 18, 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, October 18, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss Out of town - Work INVOCATION: Reverend Greg Ott Chalice Christian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. October 18, 2016 50 Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. Mayor Sessoms recognized and welcomed those in attendance from Cub Scout Pack 504. October 18, 2016 51 Item—VI-E CERTIFICATION ITEM#66423 THE CLOSED SESSION WAS NOT HELD DUE TO LACK OF TIME October 18, 2016 52 Item -VI-F MINUTES ITEM#66424 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 4, 2016. 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 Absent: John D. Moss October 18, 2016 53 Item VI—H.1 MAYOR'S PRESENTATIONS ITEM#66425 PROCLAMATION—Friends of the Virginia Beach Public Library Week Jill Burr, President Mayor Sessoms welcomed Jill Burr, President—Friends of the Virginia Beach Public Library, and presented a Proclamation recognizing the vital work of these Friends declaring October 18-22, 2016, "FRIENDS OF THE VIRGINIA BEACH PUBLIC LIBRARY WEEK." Mayor Sessoms advised the friends have voluntarily raised over $1-Million for the Virginia Beach Public Library over the past decade and are responsible for many improvements and enhancements in the library. Mrs. Burr expressed her appreciation to City Council for this recognition and stated this is the 40th year of the organization and she looks forward to many more years enhancing the Library. October 18, 2016 s _ Op OUR NA11O44 I111.14 lode 'WXE4 S: the Friends of the Virginia Beach'Public Library is an all-volunteer non-profit organization,dedicated to raising money for library services,sponsoring programs for ad ages,fostering community support for the library,and encouraging literacy 6y making free reading materials available and offering inexpensive materials at book sates;and 'W.XE4 S• our Friends'long-time support of the Virginia Beach'ublrc Library is an example of the vital-role volunteers play in our community,and WtREWS.•our Friends'dedication is a demonstration of their commitment to the il6rary and its mission to 6e the community's library fora lfetime,providing boundless opportunities to react;learn,meet andd scover, and 'W.KE S:our Friends group is a highly successful-organization that, through extensive volunteer time and effort,has provided over$1,000,000 dollars to the Virginia Beach TPub& Library over the past decade;and WRE9 S:our Friends in recent years have funded adult and children's materials,early literacy interactive displays,summer reading programs, our first adult music concert,and other special events,furnishings and new technology in library faciaties, and much more; and WittEVE,AS: many improvements and enhancements in our library have only been possible because of the support provided by our Friends;and LE we are joining libraries across the nation in celebrating their strongest and most dedicated supporters—their Friends organizations. Now,Therefore,I,William D.Sessoms,Jr.,Mayor of the City of Virginia Beach, Virginia,do hereby 'roclaim: October 18-22, 2016 Mends of the Virginia Beach as6lic £i6rary Week In Virginia Beach and calf up on alt citizens of Virginia Beach to recognize the vita(workof these Friends. InWitness'Wher:of,I[rave hereunto set my hand and caused the Official of the City of Virginia Beach, Virginia, to 6e affixed this Eighteenth day of October,Two 7rousand and Sixteen. 1/16i/e/Atke'49a#*----- • William Sessoms,Jr Mayor 54 Item VI—K2 MAYOR'S PRESENTATIONS ITEM#66426 PROCLAMATION—Extra Mile Day James E. Parke, Director—Office of Volunteer Resources Mayor Sessoms welcomed James E. Parke, Director — Council-Appointed Office of Volunteer Resources, and presented a Proclamation declaring November 1, 2016, "EXTRA MILE DAY. " Mayor Sessoms urge each individual in the community to take time on this day to not only "go the extra mile" in his or her own life, but to also to acknowledge all those who are inspirational in their efforts and commitment to make their organizations,families, community, country or world a better place. Father Parke expressed his appreciation to City Council for this recognition and invited the citizens to become engaged to help make the City a better place. October 18, 2016 04 L�p Sz- ZoNts Op OUR NAPO' I rottamatton Whereas: The City of Virginia Beach is a community which acknowledges that a special- vibrancy exists within the entire community when its individual citizens collectively go the extra mile"in personal effort, volunteerism, and service;and Whereas: Virginia Beach is a community which encourages its citizens to maximize their personal contribution to the community 6y giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions,family, friends, and community;and Whereas: 'Virginia Beach is a community which chooses to shine a light on and celebrate individuals and organizations within its community who "go the extra mile"in order to make a difference and lift up fellow mem6ers of their community;and Whereas: Virginia Beach acknowledges the mission of Extra 9Kile America to create 550 Extra 9V1ile cities in America and is proud to support "Extra Mile Day"on Novem6er 1, 2016. Now,'Therefore, I, William D.Sessoms,Yr.,I1ayor of the City of Virginia Beach, Virginia, do hereby Proclaim: A ovem6er 1, 2016 Extra £I'l iC Day In Virginia Beach, and I.urge each individual-in the community to take time on this day to not only "go the extra mile"in his or her own life, but to also acknowledge all-those who are inspirational in their efforts and commitment to make their organizations,families, community, countty, or world a better place. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to he affixed this Eighteenth day of October,Two?hiousandSixteen. `William:D.Sessoms,Yr. !Mayor 55 Item VI—H.3 MAYOR'S PRESENTATIONS ITEM#66427 RECOGNITION—2017 Sister Cities Association of Virginia Beach (SCA VB) Youth Ambassador Mayor Sessoms congratulated MINDY MEDRANA on being chosen as the 2017 SCA VB YOUTH AMBASSADOR. Mayor Sessoms also congratulated Mindy on the $2,000 Scholarship at an educational institute of her own choice and presented her a Certificate and a gift. Mayor Sessoms advised Mindy is a Student in the Princess Anne High School International Baccalaureate Program. Mayor Sessoms acknowledged the SCA VB Board Members in attendance. October 18, 2016 p �; N 0 14 VI 4 X -1" N 1114y0 ao IX H Nkl 15.N-h- 2_0 A a ZR NI AgrA, 3 0 Om IV C .7T 2- _. 401 . X . co z- sm 3:. 1. ; rti a a. 3 ; g- 0 co Z12. - a � A tn Z CPv Ao . 74 III< 0 C -I, \ X )0 aT g r N3 A .72 ir A O. 1112A : .. . 0 6 A IA r ` 0 A L )0,.. k c a ir0xi 1 di 56 ADD ON ORDINANCES/RESOLUTIONS ITEM#66428 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED: a. Ordinance to TRANSFER $1,100,000 and to APPROPRIATE $7,695,750 from the Fund Balance for expenditures related to Hurricane "Matthew b. Ordinance to AUTHORIZE the City Manager to donate excess Personal Property and up to $300,000 for emergency relief to residents c. Ordinance to ADD Section 8-38 of the City Code, Building and Building Regulations, by allowing the waiver of permit fees for certain emergencies 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 Absent: John D. Moss October 18, 2016 57 ADOPT AGENDA FOR FORMAL SESSION ITEM#66429 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 18, 2016 58 Item - VI-I.1 PUBLIC HEARINGS ITEM#66430 Mayor Sessoms DECLARED A PUBLIC HEARING.• Metro Fiber Networks,Inc. Nonexclusive Franchise re Telecommunications Services Barbara Messner expressed concern regarding digging underground with the recent problems with leaking sewage and pipes. She feels this results in unnecessary costs to citizens. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING October 18, 2016 59 Item- VI-L2 PUBLIC HEARINGS ITEM#66431 Mayor Sessoms DECLARED A PUBLIC HEARING: City of Virginia Beach Application for FY 2017-18 VDOT Transportation Alternatives Set-Aside Program re Community Improvements Catherine Sullivan, 1129 Selwood Drive, Phone: 474-6620, spoke in FAVOR. Ms. Sullivan advised she is a student at Kempsville High School and lives in Bellamy Woods neighborhood. This path will provide safe access to the School and the Recreation Center. Teresa Kraus, 4692 Berrywood Road, Phone: 576-1006, spoke in FAVOR. Mrs. Kraus has lived in the Bellamy Woods neighborhood since 2002. This path will provide safe access to the School, Library and Recreation Center. This pathway runs parallel to Providence Road and everyone knows walking or biking on that road is unsafe. This pathway will also connect surrounding neighborhoods. George Minns did not oppose this project but advised he wished he had been aware of this project so Seatack could have been included. Mr. Minns appreciates the sign the Planning Department approved but would like it to be larger and more identifiable. There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING October 18, 2016 60 Item- VI-J ORDINANCES/RESOLUTIONS ITEM#66432 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 2, 3, 4a/b/c, 5, 6, 7, 8, 9a/b(r/ii)/c and ADD ON 10, 11 and 12. 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 Absent: John D. Moss October 18, 2016 61 Item -VI-J.1 ORDINANCES/RESOLUTIONS ITEM#66433 The following individual registered to speak: Barbara Messner spoke in OPPOSITION. Ms. Messner feels this is an unnecessary expenditure as the Constitutional Officers are the highest paid employees. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Ordinance to AMEND the City's FY 2016-17 Appropriation Ordinance and Operating Budget to provide State-supported Constitutional Officers and their employees a one percent(I%)Merit Pay increase despite the lack of funding by the State; and, AFFIRM the original allocation of funds to the Schools 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 Absent: John D. Moss October 18, 2016 1 AN ORDINANCE TO AMEND THE FY 2016-17 2 APPROPRIATION ORDINANCE AND TO AMEND 3 THE OPERATING BUDGET TO PROVIDE STATE- 4 SUPPORTED CONSTITUTIONAL OFFICERS AND 5 THEIR EMPLOYEES A 1% SALARY INCREASE 6 DESPITE THE LACK OF FUNDING BY THE 7 STATE 8 9 WHEREAS, the City's FY 2016-17 operating budget included a merit increase of 10 1% based on the midpoint of each pay range for all full-time City employees and a .66% 11 general increase and a .34% merit based on the midpoint of the range for all 12 Constitutional Officers and their employees; and 13 14 WHEREAS, the State failed to reach its revenue projections for the fiscal year 15 ending June 30, 2016, which triggered the deferral of the funding of these pay raises for 16 state-supported Constitutional Officers and their employees per the State budget; and 17 18 WHEREAS, the City Council desires to honor its commitment to all employees 19 and provide the salary increase that was included in the City's FY 2016-17 operating 20 budget and provide consistent and equitable pay increases across all city departments 21 including Constitutional Officers and their employees; and 22 23 WHEREAS, the City Council and the School Board have a revenue sharing 24 formula that reduces the City's contribution to the Schools based on the revised State 25 revenue estimate for Schools. 26 27 NOW, THEEFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That Section 20 of the FY 2016-17 City Appropriation Ordinance shall apply 31 to state-supported Constitutional Officers and employees for merit pay 32 increases, and Section 21 of the Appropriation Ordinance is eliminated. 33 34 2. That the FY 2016-17 Operating Budget be amended as follows: 35 36 a. That estimated State revenue is hereby reduced by $110,634. 37 38 b. The General Fund Reserve for Contingencies is hereby reduced by 39 $110,634. 40 41 3. The City Council reaffirms its original allocation of local funds to the Schools 42 as included in the City's FY 2016-17 Operating Budget. 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 18thday of October 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -gc 0{/LJDavid Bradley •arwR. armeyer Management Services COAttorney's Office CA13657 R-3 October 11, 2016 62 Item-VI-J.2 ORDINANCES/RESOLUTIONS ITEM#66434 E. George Minns, Seatack Community Civic League—President, spoke in OPPOSITION to Item 2 of the Legislative Package regarding the Virginia Human Rights Commission. The City met with the African American Leadership on October 8, 2016. It was their understanding from that meeting this item would not be voted on until November 18, 2016. Racial profiling continues to be a major problem, not only in the City but the entire country. Mr. Minns asked this item be Deferred until there is more discussion. Andrew Jackson requested this item be Deferred for further discussion between the City and African American Leadership. The City has issues that most City Council Members do not face or are even aware of and he feels this is imperative this issue be addressed. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to CONFIRM ADDING the requested Human Rights and Racial Profiling item to the Virginia Beach 2017 Legislative Agenda 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 Absent: John D. Moss October 18, 2016 1 A RESOLUTION ADDING AN ITEM REGARDING 2 HUMAN RIGHTS AND RACIAL PROFILING TO THE 3 CITY'S 2017 LEGISLATIVE AGENDA 4 5 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 6 requests members of the City's local delegation to the General Assembly sponsor 7 and/or support legislation therein; and 8 9 WHEREAS, the City Council on October 4, 2016, adopted the City's 2017 10 Legislative Agenda, but pulled an item regarding the Virginia Human Rights Act for 11 further consideration; and 12 13 WHEREAS, that item was pulled in response to members of the public who 14 asked that the City's Legislative Agenda also address racial profiling; and 15 16 WHEREAS, numerous courts have concluded that racial profiling is 17 unconstitutional, but no law in Virginia explicitly prohibits racial profiling. 18 19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Council hereby adds the item attached hereto as Exhibit A to its 23 2017 Legislative Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City's Delegation to the General Assembly is hereby requested to 29 sponsor and/or support legislation in the 2017 Session of the General Assembly that 30 would carry out the goals and objectives of the City as set forth in this item, along with 31 the other provisions of the Legislative Agenda that were previously approved on 32 October 4, 2106. 33 34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 35 BEACH, VIRGINIA: 36 37 That the City Clerk is hereby directed to transmit a copy of this resolution to each 38 member of the City's local Delegation to the General Assembly. 39 18th 40 Adopted by the City Council of the City of Virginia Beach, Virginia, this 41 day of October , 2016. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 01 Zei,/,‘e.4 lic— Robert Ma i'='s-A-14- se.3 Roderick R. Ingra City Manager's Office City Attorney's Office CA13660 R-1 October 11, 2016 ATTACHMENT A EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY VIRGINIA BEACH COUNCILMEMBER ROBERT DYER& REQUESTED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act (i) to also prohibit discrimination based on sexual orientation or gender identity; and (ii) to explicitly prohibit racial profiling. 63 Item -VI-J.3 ORDINANCES/RESOLUTIONS ITEM#66435 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Nonexclusive Franchise to install/maintain/operate telecommunications in the City's public streets and rights-of-way to Metro Fiber Networks,Inc. 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 Absent: John D. Moss October 18, 2016 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE TELECOMMUNICATIONS FACILITIES IN 4 THE PUBLIC STREETS AND RIGHTS-OF-WAY OF 5 THE CITY TO METRO FIBER NETWORKS, INC. 6 7 WHEREAS, Metro Fiber Networks, Inc. hereinafter ("Metro Fiber"), having its 8 principal office at 423 Redoubt Road, Yorktown, Virginia, is a telecommunications 9 carrier, as defined in Title 47, Section 153 of the United States Code; and 10 11 WHEREAS, Metro Fiber desires to use and occupy the City's streets and public 12 rights-of-way for the purposes of installing, maintaining, and operating network facilities 13 for telecommunications services within the City; and 14 15 WHEREAS, the Virginia State Corporation Commission has granted to Metro 16 Fiber certificates of convenience and necessity authorizing it to provide local exchange 17 and interexchange telecommunications services; and 18 19 WHEREAS, the City is agreeable to allowing Metro Fiber to use the City's public 20 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 21 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 22 (the "Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a franchise 28 agreement with Metro Fiber for up to five (5) years in accordance with the Summary of 29 Terms, and such other terms, conditions or modifications, as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 18th day of October 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: COMMUNICATI S AND CITY ATTORNEY'S OFFICE INFORMATION ECHNOLOGY CA 13634 October 6, 2016 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d015\p023\00318530.docx EXHIBIT A METRO FIBER NETWORKS, INC. TELECOMMUNICATIONS FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Metro Fiber Networks, Inc. ("Metro Fiber") Term: Five one-year terms, renewable year-to-year but may be cancelled by either party at end of any one year term upon 90 days' advance written notice. Fee: None (State law restricts telecommunications franchise fees to Public Rights-of-Way Use Fee) Location: Metro Fiber may install its facilities underground per route map on file with Communications and Information Technology Department Relocation: Metro Fiber solely responsible for paying cost of removal or relocation of its facilities if public project necessitates their removal or relocation; Metro Fiber must remove facilities upon termination or City may allow to remain in place and take ownership Installation: Metro Fiber required to return public streets and rights-of- way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Surety: $25,000 letter of credit and $50,000 surety bond Indemnity: Metro Fiber to indemnify City, its officers, employees and agents from and against all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense Nondiscrimination: Standard City language, includes good faith minority business efforts required by City Code W Vir Q.17 E 71411 V of pp8 ?��A, ��r o o v Nap O �i c m Z w E U `¢ Q21?1�BNQ�j�8 S Sy = ...-"V- o a m 2- a L� Q WZ�t. u mita C 0.4`ryyi z 26"'6(0 a NXV C ry� 1:411! , GB a ! ffi Q U3a ' FG -2-et :7 1101/ \ aT ' Z Et. F' G;44o , A „ a ;; 1 Q rev VL1 Jupd art, a - , NO7 m _ ° c o ,t�/ - Z o A !,, r_- A'aa L8 �I.�„Af ^ Q lY O L0 a d y`�-44_ u O M W (/� C•� ' �� .�+ �(' m 4 U s d & e O S. L. ,� d - n r DyVP //)1 ! v o '- _ A' c nae w cy ro �►Wr 7”` 8'' O T s o4 0 L trice 4_y m ZE ds a .3 �IkCE BLV O a ♦. . Z a � �4F Pd -� > 2 yx p Z C7 .yfJ o0 oy� 0u0' �d dYs gg° � =m N w ..4 _8_,„= m� � d � cma▪ a � � t "8 °s° a Z 'if flyWf+ E.d IPaJ° Q Wygy o 4. EM-Ft. moR. s ''' Sy wNNd° Tr O I Tc mN c m Eu v . Q¢ / 5 o Y - agw DIAMOND SPRY /1=4,pBAKERRo . ,L9N �z r_ 44 °NNw „a"7-a--E!:§NT° nI%v▪ E O - - w- m- 24 a m E°a a` 'cam'' O - btia ii yLN °'Em.1750 2 °°oE� °'enc° r°� `�.S'1k ��� / '�T� --1.',..-;.. "s h,,,,p on ftotaeit—Arr jp O D_x°c m,c�,„p, ''r s NSdq nig. a ,0-''' 4.4E3 l3 • ” , w:5 g:? `91°1(€�=�dFm'° y � ZL� gU c - Ndfoe2 yvfw{aoo.lQgag Eppc. i5,1 ,1 th H 44 aF. mmr 3-8.3 t�ta.2via 64 Item-VI-J.4a ORDINANCES/RESOLUTIONS ITEM#66436 Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council ADOPTED, Resolution to SUPPORT the City's applications to the Virginia Department of Transportation (VDOT) for funding grants: a. FY 2017-18 Transportation Alternatives Set Aside Program re pedestrian, bicycle facilities and community improvements 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 Absent: John D. Moss October 18, 2016 1 A RESOLUTION TO SUPPORT THE CITY'S 2 APPLICATIONS FOR THE FY 2017-18 VIRGINIA 3 DEPARTMENT OF TRANSPORTATION (VDOT) 4 TRANSPORTATION ALTERNATIVES SET-ASIDE 5 PROGRAM 6 7 WHEREAS, the City of Virginia Beach is eligible to submit applications through 8 the Virginia Department of Transportation Fiscal Year 2017-18 Transportation 9 Alternatives Set-Aside Program providing pedestrian, bicycle facilities and community 10 improvements; and 11 12 WHEREAS, the City can request 80% of the project cost, up to $1,000,000, in 13 federal pass-through funding and must provide the remaining 20% local match for each 14 project; and 15 16 WHEREAS, the City has identified nine high-priority projects as candidates for 17 this funding. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the Virginia Beach City Council hereby supports these applications 23 totaling $4,838,000, with $3,870,000 in federal funding and the remaining 24 $968,000 in local funds; 25 26 a. A total of $500,000 for the Salem Road Sidewalk, with $400,000 27 from federal funds and $100,000 in local funds. 28 b. A total of $325,000 for the Euclid Road Sidewalk-Phase I, with 29 $260,000 in federal funds and $65,000 in local funds. 30 c. A total of $260,000 for the Euclid Road Sidewalk-Phase II, with 31 $208,000 in federal funds and $52,000 in local funds. 32 d. A total of $700,000 for the Euclid Road Sidewalk-Phase III, with 33 $560,000 in federal funds and $140,000 in local funds. 34 e. A total of $450,000 for Kellam Road Sidewalk, with $360,000 in 35 federal funds and $90,000 in local funds. 36 f. A total of $700,000 for the Sandbridge Road Sidewalk, with 37 $560,000 in federal funds and $140,000 in local funds. 38 g. A total of$475,000 for the Violet Bank Trail Sidewalk, with 39 $380,000 in federal funds and $95,000 in local funds. 40 h. A total of $978,000 for the Foxfire Trail Phase I Pedestrian 41 Bridge, with $782,000 in federal funds and $196,000 in local 42 funds. 43 i. A total of $450,000 for the Cape Henry Lighthouse Restoration 44 Phase II, with $360,000 in federal funds and $90,000 in local 45 funds. 46 47 2. That the required matching funds will be provided from within capital 48 project appropriations-to-date. 49 50 3. That the City Manager is hereby authorized to execute on behalf of the 51 City of Virginia Beach all necessary project agreements for project 52 development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of October , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0/1) David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA13658 R-2 October 7, 2016 65 Item -VI-J.4b ORDINANCES/RESOLUTIONS ITEM#66437 Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council ADOPTED, Resolution to SUPPORT the City's applications to the Virginia Department of Transportation (VDOT) for funding grants: b. FY 2017-18 Revenue Sharing Program re Capital Improvements Projects for Shore Drive Corridor, Princess Anne Road, Nimmo Parkway and Sandbridge Road 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 Absent: John D. Moss October 18, 2016 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 FOR THE FY 2017-18 VIRGINIA DEPARTMENT OF 3 TRANSPORTATION REVENUE SHARING PROGRAM 4 5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 6 $10,000,000 through the Virginia Department of Transportation Fiscal Year 2017-18 7 Revenue Sharing Program; and 8 9 WHEREAS, the City's highest priority Capital Improvements Projects that meet 10 the eligibility for funding are part of project # 2-117 — Shore Drive Corridor 11 Improvements Phase III, CIP project # 2-195- Princess Anne Road Phase VII, project # 12 2-110 Nimmo Parkway Phase VII-B and project # 2-078 — Sandbridge Road- Nimmo 13 Phase VII-A. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1. That the City of Virginia Beach City Council hereby supports these 19 applications through the Virginia Department of Transportation Revenue 20 Sharing Program to request $5,000,000 for Shore Drive Corridor 21 Improvements Phase III (project # 2-117), $4,000,000 for Princess Anne 22 Road Phase VII (project # 2-195), $500,000 for Nimmo Parkway Phase 23 VII-B (project # 2-110) and $500,000 for Sandbridge Road-Nimmo Phase 24 VII-A (Project# 2-078). 25 26 2. That the required matching funds will be provided from the allocation of 27 local funding existing within these projects. 28 29 3. That the City Manager is hereby authorized to execute on behalf of the 30 City of Virginia Beach all necessary project agreements for project 31 development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of October , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _ Ll_ _fir ��ec -a 2 e% David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA13655 R-1 October 4, 2016 N I SITE - vv -01,.[11) E 4ARE . 5 .......9)----1 9P) -1:::.:_ to A Fyr $tc , T' tic� .rte r 3 r r 1 p ♦Y Shore Drive Corridor �.•1'J� •1.‘, Improvements Phase III a` \ a� <iliti << \, O *,,,:to"'0. 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' •it. �o s ,:.,:,---"-N SITE R° � •GE 13 Q � G 2 z L OQ .Qo X01,110 .; , '0,st,01110 till t OZ:a�� :1%1 re:or. � 4,0 :I° :61 ' :7414 Sandbri2::: d- Nimmo Par::::'\-::hkwseVII % 1I rig i i a al lillw t -, .-,...-, 1lillb 11 ti ° __ sqti . ° fir\i ` ______s_____,sts ol 0, *t.-C\ \ 0 0,000,-0 7;3, iquitiii 0 AA 111 Olt 1.0 po o,,I MO1 d/ o U', 0\,4 •37 CI 1111 0 4101114 al 'Po ©o� a -AIN I •PIti (141,1\ 1,,ao LOCATION MAP Sandbridge Road- ma Nimmo Parkway - PhaseVII-A CIP 2.078.000 iri Feet 0 600 1,200 2,400 • X'\GADO\Prnierts\ARC Files\AnFNf]A MAPS\Sandhridae Rd\Phase VII-A 66 Item-VI-J.4c ORDINANCES/RESOLUTIONS ITEM#66438 Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council ADOPTED, Resolution to SUPPORT the City's applications to the Virginia Department of Transportation (VDOT) for funding grants: c. FY 2022-23 SMART SCALE Program re improvement projects for Laskin Road, Cleveland Street and Indian River Road 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 Absent: John D. Moss October 18, 2016 67 Item ORDINANCES/RESOLUTIONS ITEM#66439 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to ESTABLISH Miracle Medical Transport d/b/a Mid-Atlantic Regional Ambulance and AUTHORIZE an annual EMS Permit re private ambulance services 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 Absent: John D. Moss October 18, 2016 68 Item—VI-J.6 ORDINANCES/RESOLUTIONS ITEM#66440 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution to REQUEST that the Virginia Department of Environmental Quality require Omega Protein, Inc. to test discharged slurry to protect public health 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 Absent: John D. Moss October 18, 2016 REQUESTED BY COUNCILMEMBER DAVENPORT 1 A RESOLUTION REQUESTING THAT THE VIRGINIA 2 DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIRE 3 OMEGA PROTEIN, INC. TO TEST DISCHARGED SLURRY 4 TO PROTECT PUBLIC HEALTH 5 6 WHEREAS, the mission of the Virginia Department of Environmental Quality 7 ("DEQ") is to protect and improve the environment for the well-being of all Virginians; 8 9 WHEREAS, in furtherance of its mission, the DEQ can impose conditions and 10 requirements on persons and commercial entities that discharge potentially harmful 11 substances into waterways; 12 13 WHEREAS, Omega Protein, Inc. operates fishing vessels in local waterways, 14 and those operations generally entail the discharge of slurry; and 15 16 WHEREAS, citizens have expressed concerns regarding the potential health 17 effects on persons who swim in, or otherwise use, waterways where Omega Protein 18 vessels operate. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH: 22 23 The City Council urges the DEQ to require Omega Protein, Inc. to test the slurry 24 that their vessels discharge into local waterways for substances that are harmful to 25 persons who swim in or otherwise use those waterways and report those findings to the 26 DEQ so that the DEQ may impose any additional restrictions necessary to protect public 27 health. 28 29 Adopted by the City Council of the City of Virginia Beach, Virginia, this 18th 30 day of October , 2016. APPROVED AS TO LEGAL SUFFICIENCY: 0,- el-el:W , Deputy City Attor oderick R. Ingram City Attorney's Office CA13661 R-1 October 12, 2016 69 Item—VI-J.7 ORDINANCES/RESOLUTIONS ITEM#66441 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the Virginia Aquarium & Marine Science Center Foundation, Inc. to grant naming rights to the Marine Animal Conservation Center as the "Darden Marine Animal Conservation Center" 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 Absent: John D. Moss October 18, 2016 1 AN ORDINANCE AUTHORIZING THE VIRGINIA 2 AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, 3 INC. TO GRANT NAMING RIGHTS TO THE MARINE 4 ANIMAL CONSERVATION CENTER 5 6 WHEREAS, the Virginia Aquarium & Marine Science Center Foundation, Inc. 7 ("Foundation") was organized and chartered on October 29, 1981 as a private non-stock 8 corporation under the provisions of Chapter 2, Title 13.1 of the Code of Virginia (1950), 9 as amended, with a tax exempt status under section 501(c)(3) of the Internal Revenue 10 Code; and 11 12 WHEREAS, the Foundation was formed and has functioned for many years for 13 the purpose of: (i) supporting the Virginia Aquarium & Marine Science Center 14 ("Aquarium") and its programs; (ii) acquiring, leasing or holding real estate necessary for 15 the purposes of the Aquarium; (iii) assisting in the identification, acquisition and 16 construction of exhibits; (iv) providing financial support; (v) receiving gifts, bequests, 17 monies, bonds, grants, scientific equipment and objects of art in support of the 18 Aquarium; and (vi) increasing public knowledge of Virginia's unique marine 19 environment; and 20 21 WHEREAS, the City and the Foundation have begun a jointly funded capital 22 improvement project to construct a new Marine Animal Conservation Center ("MACC") 23 ("Project"); and 24 25 WHEREAS, upon completion, the MACC will be a 18,000 square foot building 26 that will provide state-of-the-art resources for response, rescue, and rehabilitation of 27 stranded marine mammals and sea turtles; and 28 29 WHEREAS, the MACC will provide a large work area for efficient workflow, 30 additional space to rehabilitate animals, direct saltwater access and enhanced 31 laboratory facilities; and 32 33 WHEREAS, groundbreaking for the MACC will commence in 2018 and 34 completion of construction is expected in 2020; and 35 36 WHEREAS, the Project will be funded partially by the City and partially by the 37 Foundation; and 38 39 WHEREAS, the Foundation began a capital campaign in March 2015; and 40 41 WHEREAS, the Foundation has secured a donation from the Joshua P. and 42 Elizabeth D. Darden Foundation in the amount of$2.5 million; and 43 44 WHEREAS, the Foundation has proposed naming the MACC the "Darden Marine 45 Animal Conservation Center" for so long as the building continues to be used for marine 46 animal conservation, education and research purposes; and 47 WHEREAS, the Foundation has also proposed that the name "Darden Marine 48 Animal Conservation Center" be affixed to the exterior of the building and only that 49 name shall be permitted to appear on the exterior of the building; and 50 51 WHEREAS, the Council of the City of Virginia Beach appreciates and supports 52 the Foundation's endeavor to raise funds to support the Marsh Pavilion Enhancement 53 Project. 54 55 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA: 57 58 That the Foundation is authorized to grant naming rights for the MACC. 59 Specifically, the Foundation will authorize the MACC to be named the "Darden Marine 60 Animal Conservation Center" for so long as the building continues to be used for marine 61 animal conservation, education and research purposes. The aforementioned name will 62 be affixed to the exterior of the building and only that name will be permitted to appear 63 on the exterior of the building. Adopted by the City Council of the City of Virginia Beach, Virginia, this 18th day of October , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f Lynti Aimee K. Sullivan Aquarium and Museums City Attorney's Office CA13644 R-3 October 3, 2016 70 Item -VI-J.8 ORDINANCES/RESOLUTIONS ITEM#66442 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment to Marshall H. Groom, Jr. and Jennifer Regan Hoover into a portion of City property known as Black Duck Inlet for a bulkhead at the rear of 305 Back Bay Crescent DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment to a portion of City property, known as Lake Joyce, and a 25 foot strip of City property around Lake Joyce at the rear of 4429 Blackbeard Road (GPIN 2433323399 - CITY PROPERTY; 2433322156) The following conditions shall be required: 1. Nothing within the Agreement shall prohibit the City from immediately removing or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 3. It is further expressly understood and agreed the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 4. It is further expressly understood and agreed nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 5. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that the Grantee shall establish and maintain a Riparian Buffer, which shall be a minimum of fifteen (15)feet in width landward from the shoreline and shall run the entire length of the shoreline as shown on Exhibit A. The Buffer shall consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants. The Grantee shall consult with the October 18, 2016 71 Item ORDINANCES/RESOLUTIONS ITEM#66442 (Continued) Department of Planning and Community Development on the composition of plants for the Buffer prior to its installation to confirm plant suitability and acceptance. The Buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. The Grantee shall notift the Environment and Sustainability Office of the Department of Planning and Community Development when the Buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. 7. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 8. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 9. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. October 18, 2016 72 Item-VI-J.8 ORDINANCES/RESOLUTIONS ITEM#66442 (Continued) This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, Two Thousand Sixteen. Voting: 9-0 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: John D. Moss October 18, 2016 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY PROPERTY 6 KNOWN AS BLACK DUCK INLET, 7 LOCATED AT THE REAR OF 305 8 BACK BAY CRESCENT 9 10 WHEREAS, Marshall H. Groom, Jr. and Jennifer Regan Hoover desire to 11 replace and maintain an existing 22 linear feet of bulkhead upon the City's property known 12 as Black Duck Inlet, located at the rear of 305 Back Bay Crescent. 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Marshall H. Groom, Jr. and 23 Jennifer Regan Hoover, their heirs, assigns and successors in title are authorized to 24 replace and maintain an existing 22 linear feet of bulkhead in the City's property as shown 25 on the plat entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR: MARSHALL H. 26 GROOM, JR. AND JENNIFER REGAN HOOVER LOT 41, BACK BAY MEADOWS" dated 27 March 21, 2016 and noted as"Sheet 2 of 3"and revised through August 3, 2016, a copy of 28 which is on file in the Department of Public Works and to which reference is made for a 29 more particular description; and 30 31 BE IT FURTHER ORDAINED,that the temporary encroachment is expressly 32 subject to those terms, conditions and criteria contained in the Agreement between the City 33 of Virginia Beach and Marshall H. Groom, Jr. and Jennifer Regan Hoover (the 34 "Agreement"), which is attached hereto and incorporated by reference; and 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as Marshall H. Groom, Jr. and Jennifer Regan Hoover and the City Manager or 41 his authorized designee execute the Agreement. 1 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th 43 day of October 20_ 16 CA- 13610 R-1 PREPARED: 9/29/16 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Alefljr-, 4 do til K."-- Patecok D,Vt.4.130N isx--- BLIC ORKS, REAL ESTATE DANA . ARME R SENIOR CITY ATTORNEY 2 PLAN VIEW 11 SCALE: 1" = 30' BLACK DUCK INLET / CITY OF VIRGINIA BEACH WATERWAY WIDTH FLOOD APPROX. 140' I /EBB i\j js67°41"W 75.14 4 6.01' 12.43' T / 3 * EXISTING BULKHEAD ___ ______________________. - TIE DOWNS *-- - A-1 58'9" ,%f LANDWARD LIMITS PROPOSED 15'WIDE A-2 39'11" RIPARIAN BUFFER 6 B-1 58'4" /ii, REPLACE 22'OF �IIII B-2 41'0" BULKHEAD IN-PLACE h- B. 1111 ' LINE DISTANCES 1. 9' ♦ , ' 4.60' ; 1-2 22'0" 2 Sty.SFR 305 g 2-3 73'0" ♦ I 1 ss7°arw 2 — r 3-4 76'1" 25.54' 2.66' w LOT 40 N MAYNARD E.LICHTY ---------------A __ I INS.#200311200193238 _ GPIN:2433-32-5429 \ •A I III= lit LANDWARD LIMITS OF LOT 42 LIMITS OF STEVEN T.HAMMER CONSTRUCTION 20'RIPAIAN BUFFER INS.#20110805000793420 W co I Q GPIN:2433-32-3304 O U IA LOT 41 Q INS.#20150720000685890 z♦ p GPIN:2433-32-3399 O w MB 67,P.45 H I— O Li n CC ¢ 0 I— Z c0 0 0 C.) 0 N 67°41'E 135.00 APPROX.210'TO SAND BEND ROAD , BACK BAY CRESCENT (50' R/W) E SIGMA ENVIRONMENTAL SERVICES.INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: REPLACEMENT BULKHEAD ENCROACHMENT REQUEST FOR: MARSHALL H.GROOM,JR.& WATERWAY: BLACK DUCK INLET DATUM: 0.00'MLW=-0.4' 1929 NVGD JENNIFER REGAN HOOVER LOT 41,BACK BAY MEADOWS REVISED:8-3-2016 DATE: MAR.21,2016 SHEET 2 OF 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this a day of S�rTLIt6—ce , 201 , , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARSHALL H. GROOM, JR. and JENNIFER REGAN HOOVER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 41" as shown on that certain plat entitled: "Section 3, Back Bay Meadows, Property of North Bay Development Corporation, Princess Anne Borough, Virginia Beach, Virginia," dated July 16, 1964, prepared by W. B. Gallop, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at Page 45, and being further designated, known, and described as 305 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to replace and maintain an existing 22 linear feet of bulkhead, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Black Duck Inlet the "Encroachment Area"; and GPIN: 2433-32-3399 (305 BACK BAY CRESCENT, VIRGINIA BEACH, VA 23456) 2433-32-2156 (CITY PROPERTY) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: MARSHALL H. GROOM, JR. & JENNIFER REGAN HOOVER LOT 41, BACK BAY MEADOWS," dated March 21, 2016 and noted as "Sheet 2 of 3" and revised through August 3, 2016, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, and shall run the entire length of the shoreline as shown on Exhibit A. The buffer shall consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants. The Grantee shall consult with the Department of Planning and Community Development on the composition of plants for the Buffer prior to its installation to confirm plant suitability and acceptance. The buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Environment and Sustainability Office of the Department of Planning and Community Development when 3 the buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the buffer to the shoreline is allowed. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required 4 by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Marshall H. Groom, Jr. and Jennifer Regan Hoover, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By i t�/, 6'-K Mar•.hall . Groom, Jr., Owner By1 J nnife Regan Hoover, Owner STATE OF \r �p CITY/COUNTY OF Y I jnc��J( , to-wit: The foregoing instrument was acknowledged before me this 2-7 day of Avyb4 , 201C , by Marshall H. Groom, Jr. (SEAL) N y Pic/ Notary Registration Number: -7_5•C41161 ..-..--/-.). ..- NOTARY PUBLIC • "s My Commission Expires: 05/31 /2_017 = REG.COMMISSION :MY COMMISSION' • EXPIRES Oy 05/31/2017 ""1:41/SALTN OFneo STATE OF CITY/COUNTY OF v,r1col l gestA , to-wit: The foregoing instrument was acknowledged before me this 27 day of 1/4 , 2016' , by Jennifer Regan Hoover. Not y Public (SEAL) Notary Registration Number: 75046? -',osN�A•M <�2., I POTARY • 4 My Commission Expires: 05/31 /21/7 - • REG. #7564464 . - n .MY COMMISSION c zz EXPIRES P � . O , 2017 ' C .7 'o�. ..•:�,Q`� FACTH OC" . ',,,,a uuu„+ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM i catilaehi SIGNAT -E CITY ATTORNElifallii-vj / DEPARTMENT 8 A PLAN VIEW SCALE: 1" = 30' BLACK DUCK INLET /41 CITY OF VIRGINIA BEACH WATERWAY WIDTH FLOOD APPROX. 140' N EBB 4 S 67°41"W 75.14' 4 4 6.01' �~ 12.43' 4—/ 3 EXISTING BULKHEAD ' -------------------------- -- TIE DOWNS ;1 LANDWARD LIMITS A-1 58'9" PROPOSED 15'WIDE A-2 39'11" ' RIPARIAN BUFFER w B-1 58'4" L4, REPLACE 22'OF '$ I I I I B-2 41'0" BULKHEAD IN-PLACE B. II II / / LINE DISTANCES 1. 9' / (44.60'/, 1-2 22'0" 2 Sty.SFR 305 $2 -3 73'0" * I 1 S 67°41'W 2 _ 25.54' 3-4 76'1" 2.66'/ w Cv LOT 40 --- __--, III I N MAYNARD E.EIGHTY - cn INS.#200311200193238 - _ GPIN:2433-32-5429 q• I = III III LANDWARD LIMITS OF LOT 42 wi >_ LIMITS OF 20'RIPAIAN BUFFER STEVEN T.HAMMER CONSTRUCTION INS.#20110805000793420 GPIN:2433-32-3304 a 0 w LOT 41 0 > INS.#20150720000685890 zA 0 GPIN:2433-32-3399 O w MB 67,P.45 CC cc 0 I— Z (-0 0 O v 0 I N 67°41'E 135.00 APPROX.210'TO 4 SAND BEND ROAD BACK BAY CRESCENT (50' R/W) E SIGMA ENVIRONMENTAL SERVICES.INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: REPLACEMENT BULKHEAD ENCROACHMENT REQUEST FOR: MARSHALL H.GROOM,JR.& WATERWAY: BLACK DUCK INLET DATUM: 0.00'MLW=-0.4' 1929 NVGD JENNIFER REGAN HOOVER LOT 41,BACK BAY MEADOWS REVISED:8-3-2016 DATE: MAR.21,2016 SHEET 2 OF 3 w i` ci L / W ..--. ; 1,1j0 ( ua2o A. a000 = v °1' o 0 c--"\ a W re Z W M 2 � O < ceN C _ 1- w = Lt.! Q M 0 \._, H J ,S-----\ \ ti _ a = aW NCL \-- �" 0 0 1 z L / � Oa � zQa W Sgog���`VO ^ v 2 c7 0 0 C i Z ce O M C W 0 Z QJ LL 4:tr, 1 cl �'' f> %/ E i� O Ow V M r , Jam` CO I e' et +.+ m l",� \ CD Tr U N Z </j"\-) \ W a a c . I 0 c O \ , N n n Z A'z W \ i a, cr) sN' l II ,n O • W 1 r a Ce LJ l -o a c4 r c c 4, V co d • CD / d 0w v CU . Z O v co U U fD cg 0 CO &- I..) U LO C W M G0A'BE,4c4, 4 > City of VIr irnia* 1 beach Op OUR NA-1045 VE3gov.Com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0059129 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 October 18, 2016 wsessoms@vbgov.com 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 to authorize a temporary encroachment into a portion of City property known as Black Duck Inlet, located at the rear of 305 Back Bay Crescent. 2. Marshall H. Groom, Jr. and Jennifer Regan Hoover requested the encroachment and have disclosed that TowneBank is one of their financial 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, William D. Sessoms Mayor WDS/RRI 73 Item-VI-J.9a ORDINANCES/RESOLUTIONS ITEM#66443 The following individual registered to speak: Barbara Messner spoke in OPPOSITION. Ms. Messner advised the Council of Civic Organizations is under the City's "umbrella" and since they cancelled their recent Candidate Forum and failed to reschedule it, the City should not be allocating any funds for this organization. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance: a. TRANSFER$10,000 from the General Fund Reserve for Contingencies to the FY 2016-17 Operating Budget for the Virginia Beach Council of Civic Organizations'Annual Neighborhood Conference 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 Absent: John D. Moss October 18, 2016 74 Item -VI-J.9b(i/ii) ORDINANCES/RESOLUTIONS ITEM#66444 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance: b. ACCEPT/APPROPRIATE from the Virginia Department of Health, Office of Emergency Medical Services Four-for-Life to the FY 2016-17 Operating Budget of Emergency Medical Services re the purchase of rescue equipment and medical supplies: i. $20,042 Return to Localities Program ii. $17,597 Training Program 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 Absent: John D. Moss October 18, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE ADDITIONAL RESCUE EQUIPMENT AND 3 MEDICAL SUPPLIES TO ENHANCE RESCUE/MEDICAL 4 CAPABILITIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 The following revenues from the following sources are hereby accepted and 10 appropriated to the FY 2016-17 Operating Budget of the Department of Emergency 11 Medical Services, with estimated revenues increased accordingly, to purchase additional 12 rescue equipment and medical supplies to enhance rescue/medical capabilities and 13 training capacity: 14 15 1) $20,042 from the Virginia Department of Health, Office of Emergency 16 Medical Services Four-for-Life Return to Localities Program; and 17 18 2) $17,597 from the Virginia Department of Health, Office of Emergency 19 Medical Services Four-for-Life Training Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 18thday of October 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: av-k.6 ..°71eA-eeZ David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA13648 R-1 October 7, 2016 75 Item-VI-.1.9c ORDINANCES/RESOLUTIONS ITEM#66445 The following individual registered to speak: Barbara Messner spoke in OPPOSITION. Ms. Messner questioned why the City is taking funds from the Department of Health considering the recent sewage spill. The funds should already be in place to address the stormwater management issues the City is facing. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance: c. ACCEPT/APPROPRIATE a Clean Vessel Act Grant of$40,000 from the Virginia Department of Health to Storm water Quality Enhancements II 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 Absent: John D. Moss October 18, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $40,000 FROM THE VIRGINIA DEPARTMENT OF HEALTH 3 TO CIP # 7-414 STORMWATER QUALITY 4 ENHANCEMENTS II 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $40,000 in state revenue is hereby accepted and appropriated to CIP #7- 10 414 Stormwater Quality Enhancements II. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of October 2016. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -81W\A1)s ( David Bradley Roderick Ingram Budget and Management Se ices City Attorney's Office CA13654 R-1 October 4, 2016 76 Item -VI-J.10-ADDED ORDINANCES/RESOLUTIONS ITEM#66446 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $1,100,000 and to APPROPRIATE $7,695,750 from fund balance for expenditures related to Hurricane "Matthew 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 Absent: John D. Moss October 18, 2016 REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO TRANSFER $1,100,000 AND TO 2 APPROPRIATE $7,695,750 FROM FUND BALANCE FOR 3 EXPENDITURES RELATED TO HURRICANE MATTHEW 4 5 WHEREAS, certain actions taken by the City are required to address an immediate 6 threat to the public health, safety, and welfare to efficiently and effectively cleanup the City 7 in the wake of flooding from Hurricane Matthew; and 8 9 WHEREAS, the City Manager has identified areas of the City Budget, such as the 10 Compensation Reserve in the General Fund and the fund balance of the General Fund 11 where the City can address the immediate public health, safety, and welfare threat in the 12 aftermath of flooding from Hurricane Matthew. 13 14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA: 16 17 1) That $1,100,000 is hereby transferred from Reserve for Contingencies — 18 Compensation to the Department of Public Works for debris removal and pumping 19 costs. 20 21 2) That$7,695,750 is hereby appropriated from the fund balance of the General Fund 22 in the amounts and for the purposes set forth below: 23 a. $70,750 in the Department of Parks and Recreation for costs associated with 24 tree removal; 25 b. $7,300,000 in the Department of Public Works for cleanup costs including 26 debris removal and pumping costs; 27 c. $25,000 in the Department of Housing and Neighborhood Preservation for 28 temporary housing assistance for residents in need of shelter; 29 d. $300,000 in Non-Departmental for emergency relief for residents by way of a 30 donation to one or more nonprofit organizations. 31 32 3) The City Manager shall provide weekly updates of storm related expenditures to City 33 Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of October 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: lana Harmeyer City Attorney's Office CA13668/R-3/October 18, 2016 77 Item -VI-J.11 -ADDED ORDINANCES/RESOLUTIONS ITEM#66447 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to donate excess personal property and up to $300,000 for emergency relief to residents 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 Absent: John D. Moss October 18, 2016 REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO 2 DONATE EXCESS PERSONAL PROPERTY AND UP TO 3 $300,000 FOR EMERGENCY RELIEF TO RESIDENTS 4 5 WHEREAS, the Code of Virginia allows a locality to"make like gifts and donations to 6 any nonprofit organization that is exempt from taxation under § 501(c)(3) of the Internal 7 Revenue Code that is engaged in providing emergency relief to residents, including 8 providing the repair or replacement of private property damaged or destroyed by a natural 9 disaster;" and 10 11 WHEREAS, the City is undertaking a review of local nonprofits that have the 12 capacity to address immediate needs within the community for cleanup, repair, and 13 replacement of property destroyed by the flooding from Hurricane Matthew. 14 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA: 17 18 1) That the City Manager is hereby authorized to donate personal property, 19 such as furniture, that is no longer needed by the City and up to$300,000,from the 20 General Fund Reserve for Contingencies, to Operation Blessing, the Salvation 21 Army, the United Way or a similar 501(c)(3) nonprofit organization to provide 22 emergency relief for residents as part of the Hurricane Matthew recovery and 23 cleanup effort. 24 25 2) To ensure the efficient allocation of resources, the donation authorized in 26 Section 1 may be made to a single nonprofit organization or to multiple nonprofits 27 within the $300,000 authorized. 28 29 3) The City Manager shall provide a weekly report to the City Council detailing 30 the actions taken in furtherance of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of October 2016. APPROVED AS TO LEGAL SUFFICIENCY: Pana armeyer City Attorney's Office CA13669 R-2 October 18, 2016 78 Item-VI-J.12-ADDED ORDINANCES/RESOLUTIONS ITEM#66448 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ADD Section 8-38 of the City Code, Building and Building Regulations, by allowing the waiver of permit fees for certain emergencies 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 Absent: John D. Moss October 18, 2016 REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO ADD SECTION 8-38 OF 2 THE CITY CODE, BUILDING AND BUILDING 3 REGULATIONS, BY ALLOWING THE WAIVER 4 OF PERMIT FEES FOR CERTAIN 5 EMERGENCIES 6 7 Section Added: City Code § 8-38 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA THAT: 11 12 That Section 8-38 of the City Code is hereby added and reordained to read as 13 follows: 14 15 Sec. 8-38. Waiver of permit fees. 16 17 The City Manager or the building code official may waive the permit fees listed 18 in sections 8-31 (Building), 8-31.1 (Fences and walls), 8-32 (Plumbing), 8-33 19 (Mechanical), 8-34 (Electrical), and 8-37 (Technology Fee) for any permit issued for 20 repairs to an existing residential or commercial structure caused by a storm for which a 21 declaration of local emergency has been issued, provided that the repairs are 22 necessary to render the building or portion thereof habitable and the permit application 23 is submitted within sixty (60) days of the declaration of local emergency. 24 Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of October 2016. APPROVED AS TO LEGAL SUFFICIENCY: • WAY B. Kay Wil City Attorn y' Office CA13667 R-4 October 18, 2016 79 Item—VI-K PLANNING ITEM#66449 1. ALEXIS DEVELOPMENT,LLC SUBDIVISION VARIANCE 2. BYRON HARRINGTON,SR. CHANGE OF ZONING 3. ZOBSTER AUTOMOTIVE,LLC CONDITIONAL USE PERMIT 4. JOYNT ENTERPRISES,INC. CONDITIONAL USE PERMIT 5. GEE'S PROPERTIES,LLC CONDITIONAL USE PERMIT 6. THE TAR ROOF,LLC CONDITIONAL USE PERMIT 7. HARRIS TEETER PROPERTIES CONDITIONAL USE PERMIT 8. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE ITEM#1 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 October 18, 2016 80 Item -VI-K PLANNING ITEM#66450 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items 2, 3, 4, 5, 6, 7 and 8 of the PLANNING AGENDA Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss October 18, 2016 81 Item—VI-K.1 PLANNING ITEM#66451 The following individuals registered to speak: John Richardson, 2101 Parks Avenue, Suite 700, Phone: 491-4029, Attorney for the Applicant, advised these lots are side-by-side; and, under the current Zoning Ordinance, the Applicant can build two (2) large "square-box" type duplexes. However, to meet the overall objective of the Overlay District, the Applicant has chosen to build four(4) cottages. The North Beach Civic League is in favor of this request. Jane Arrington, 208 76th Street, Phone: 422-1516, spoke in OPPOSITION. Mrs. Arrington does not object to two single family homes being built on the property but objects to four single family homes being built. The street cannot handle the additional run-off and this should not be approved. Joyce Walsh, 218A 76th Street, Phone: 641-2561, spoke in OPPOSITION. Ms. Walsh expressed concern for the increased stormwater runoff. This street is quant and quiet but this fourplex will change the integrity of their street. Ed Boxbaum, 215 '/2 76th Street, Unit A, Phone: 422-5318, spoke in OPPOSITION. Mr. Boxbaum advised he and his wife have lived on 76th Street for 23 years. This request will add up to six(6)additional homes on their street. The current owners added additional foliage which has added a nice ambiance to the street and creates privacy. This is a small street with only one lane and the additional homes are not wanted on this road. Barbara Messner spoke in OPPOSITION to the uncontrolled growth in the North End. There is not adequate parking at the Beach as is and this development will only increase the problem Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED and CONDITIONED, Ordinance upon application of ALEXIS DEVELOPMENT, LLC/WILLIAM K. and ANNE WRIGHT for a Subdivision Variance re single family dwellings at 221 76th Street DISTRICT 5— LYNNHAVEN IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ALEXIS DEVELOPMENT, LLC / WILLIAM K and ANNE WRIGHT for a Subdivision Variance re single family dwellings at 221 76th Street (GPIN 2419577124) DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. When developed, the site shall be developed in substantial conformity to the submitted Site Layout entitled, "A NEW RESIDENCE FOR JOHN MAMOUDIS, 221 76TH STREET, VIRGINIA BEACH, VA," dated September 1, 2016. 2. When developed, the single-family dwellings shall be constructed in substantial conformance with the submitted rendering entitled, `Agenda Item D2: Alexis Development, LLC, Proposed Renderings, " dated September 13, 2016 and prepared by Folck West Architects. 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, Eighteenth day of October, Two Thousand Sixteen. October 18, 2016 82 Item—VI-K.1 PLANNING ITEM#66451 (Continued) 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 Absent: John D. Moss October 18, 2016 ._-------- __-------- , ,\,...........\,...:....,........0.. .....,,.......3,, ,--.. . , , •--- _.:„. • _----- ----- „ , % ' .----- --- ; -," .„.„----- sl . _ — . \ ' -001 1, ___--• ' ,-: --- Z --- ----- ......-- ‘ \\ ...s. II t 1 ---*, - . ------ ', - . - _Ike:0 et .----.---' .. , ........ ... a. _--- ick, LO - ___-- _ ..,... , 11 ....:-. . ,.. . ,. • .... 41 ...... . , ........ , ............'"- '''' .... .. •,.....:7 .„........ ....,........, ......, •.....:'. ... „.......... ..* '' '''',, .... . ,\, .,.... ....Z 1.... .. ........,........•.... ......' . %MO ,,S-•,-•.• ,___ , k ------. . , .....,. ''' faZ--• \ ..--- N 0-1-,i,,7-125.. .. ,., ,...i.7., ._.. ......;:;_____,—....--...... ,,• ..- ..- ,,,..... __ ..----- VI. I a.. 83 Item—VI-K.2 PLANNING ITEM#66452 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Ordinance upon application of BRYON HARRINGTON, SR. /JOSEPH HARRINGTON, JR.,KIRK HARRINGTON,SR.,BARBARA CASON,LORETTA HARRINGTON and AVIS BLUE for a Change of Zoning from AG-2 Agricultural District to R-20 Residential District re single family dwellings at 2597 Leroy Road DISTRICT 7—PRINCESS ANNE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BRYON HARRINGTON, SR. / JOSEPH HARRINGTON, JR., KIRK HARRINGTON, SR., BARBARA CASON, LORETTA HARRINGTON and AVIS BLUE for a Change of Zoning from AG-2 Agricultural District to R-20 Residential District re single family dwellings at 2597 Leroy Road (GPIN 2404410422)DISTRICT 7—PRINCESS ANNE This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss October 18, 2016 0-"--ni c;11 I , 4 / (----tr C-z, .p . r :p1 J ry i -\\,.. , A. k. tip, \. 7:1 iffilti > \\.. 4 ;:------114%1P'''' tNf- J ++VV!!! -,.-vi T fA : N*40. D. 4110'.4.>.,'-,,*.. lkilliallik—IM .s...s.s/ 4 f x-,01 441100 MI I CN141r1.....0. - -WI err4;,.0 10. <:::: ‘ < 40111011 113I° 441i ` 1 ..-'-\\\\ \ N lifir :,.. \\''...s, \ \ T- % N 84 Item—VI-K.3 PLANNING ITEM#66453 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of ZOBSTER AUTOMOTIVE, LLC/ BEACH HOLDINGS, LLC for a Conditional Use Permit re an auto repair garage at 5772-D Arrowhead Drive DISTRICT 2—KEMPSVILLE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ZOBSTER AUTOMOTIVE, LLC / BEACH HOLDINGS, LLC for a Conditional Use Permit re an auto repair garage at 5772-D Arrowhead (GPIN 1467030703) Drive DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. All vehicle repair shall take place inside the building. 2. No outside storage of equipment,parts, tires or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. 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. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, Two Thousand Sixteen. October 18, 2016 85 Item—VI-K.3 PLANNING ITEM#66453 (Continued) 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 Absent: John D. Moss October 18, 2016 -11-mommo. .mm1— ,.. , ....„,,„...i. Il 7 2 „op , .f ....... 1 II , ,, '...,\ 1_,.... ii i . e.. --3. .11 iii i i i • / • •.-..,1 / i i I ,4.1. ii - e .tiL li 4.1 el 1 r._ , le I. , 4 ‘ _.....„ __„...,... i lii .1 -.......... 1 ... 1 1 , r---- . e f ;/ i i ..s lencsi e? i , ----__ ....; --164-6161a111.7 ... . 1 'IIIil ...: iirigig : ....... i Illiagr liteltyr IIIII‘hib.''''''''' M•14i..„.4117e. . N. < <, . -^ i '*I ' I . • Nis,,,, N. „, _ :, ,., # . NIIIIKIlik. ...,7 ,,, .,. 11 ,_. :^. ...'"..1"16%..... k,,,Nit;t _, • , _, , ii • .. ill L._ • ii- i — ____ i ilk 1 21 ........... ,.,..., .....jel .......,„....) ...i. ''.. /....... .. il .6..............1 1 i grip I I— / 11.71/4 I / ---r----___ ...„../ \ .. V7-i= iiir til , il Ill' . \ a) ,,,,,,,_- ,,. 11"'1.16111/1Li 4 I „ 17 —........,.... ..._ 1... i — --____ i / 86 Item—VI-K.4 PLANNING ITEM#66454 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of JOYNT ENTERPRISES, INC. TM PEMBROKE AUTO SALES /HD HOLDINGS, LLC for Conditional Use Permits re vehicle sales, rental and auto repair at 3825 Bonney Road DISTRICT 5—LYNNHAVEN IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JOYNT ENTERPRISES, INC. TM PEMBROKE AUTO SALES/HD HOLDINGS, LLC for Conditional Use Permits re vehicle sales, rental and auto repair at 3825 Bonney Road(GPIN 1487330781)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. Development of the subject site shall substantially conform to the Site Exhibit titled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC. AUTOMOTIVE SALES," dated August 24, 2016, and prepared by Gallup Surveyors & Engineers, with the exception that landscaping shall be added to meet minimum requirements as determined by the Development Services Center Landscape Architect during detailed Site Plan review. Additional site improvement requirements may also be determined during detailed Site Plan review. 2. The building façade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION", dated June 28, 2016, and prepared by RBA, with the exception of the image of the car, which is not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation and any freestanding sign shall be monument-style. A separate Sign Permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the Site Exhibit referenced in Condition No. 1 above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the Site Exhibit referenced in Condition No. 1 above. 6. No motor vehicles in disrepair, or waiting to be repaired, shall be stored outside. 7. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. 8. This Conditional Use Permit shall be valid for no less than ten (10) consecutive years from the date of City Council approval. If at any time after ten (10) years, the "CARMAX PROPERTY"adjoining this property to the South and along Bonney Road to the East permanently ceases to be used for a motor vehicle sales, rental and/or service use, the Zoning Administrator may, upon written notice to the property owner, set a termination date for this Conditional Use Permit which date shall not be less than twenty-four(24)months from the date of the notice. October 18, 2016 87 Item—VI-K.4 PLANNING ITEM#66454 (Continued) This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss October 18, 2016 1 ilionk. _JL-- - SI- -LL. \II, di _ 0 ,:, :•• - , .-.- 0 __---\ . 11 a \tin? L M _ . ,_,„ 1 ive Dr , , - uez ' dri i • VIA . ___---- ,, cm '•1 ca c „ --Am .„. NI -.•N • , , ,,,,, , , \. .._ X i, I : F \ \ L- — 11 __---------3 i ------:-.-1-H ------'-------(13\ 1--- ' .k. .,.....„, LO t ii :, 7--•__-0-) ,,...N., .. ._ __ : r.... __..... • __k C%I SS _ Ai, _ - • i 1 , - I 1 \ I ,-=' LIL- LE' L-----n v- \ 1 1 . . .. . 88 Item—VI-K.5 PLANNING ITEM#66455 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of GEE'S PROPERTIES, LLC for a Conditional Use Permit re mini-warehouse at 4740 Baxter Road DISTRICT 4—BAYSIDE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GEE'S PROPERTIES, LLC for a Conditional Use Permit re mini-warehouse at 4740 Baxter Road(GPIN 1477302217)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. Redevelopment of the subject site shall substantially conform to the site exhibit titled, "CONCEPT PLAN FOR PARCEL G, M.B. 203 PG. 67", dated August 8, 2016, and prepared by Gaddy Engineering Services, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Existing interior parking lot and street frontage landscaping shall be planted to meet requirements, as determined by the Development Services Center's Landscape Architect during detailed Site Plan review. 3. Plantings for the Category IV Landscape Buffer shall be chosen to accommodate screening of the three-story building wall, as determined by the Development Services Center Landscape Architect. 4. The building shall substantially conform to the elevations and renderings titled, "NEW FACILITY FOR PROTECTIVE SELF STORAGE", dated August 9, 2016, and prepared by Covington Hendrix Anderson Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 5. The building sign(s) shall be composed of channel letters as shown on the elevation and any new freestanding sign(s) shall be monument-style. A separate Sign Permit from the Planning Department shall be required for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, Two Thousand Sixteen. October 18, 2016 89 Item—VI-K.5 PLANNING ITEM#66455 (Continued) 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 Absent: John D. Moss October 18, 2016 ,--01-4 ! ill R in ,:::Allill \ /\0**1. / th ..-- V `' ..)___j •-,,,,..mom i sW 9 \ --I {-7 < 0 '\-, lecii 0 \ 4 S \1 COs41\\,:tai‘\ .\.. ' lk. \ 1t CCI ..,,, Cr ..- 42,,IHIP< >1°P \ .00,(\,) It / A tit\:1',7/ .7 0 / 4 I k‘ i It,\ Vi r . /0 A ,.. ...... . , ,, ,,.,, do \\)„ Vt. 90 Item—VI-K.6 PLANNING ITEM#66456 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, AS AMENDED, BY CONSENT, Ordinance upon application of THE TAR ROOF, LLC/BURROUGHS FAMILY REVOCABLE TRUST for Conditional Use Permits re an open air market and assembly use at 1791 Princess Anne Road DISTRICT 7—PRINCESS ANNE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THE TAR ROOF,LLC/BURROUGHS FAMILY REVOCABLE TRUST for Conditional Use Permits re an open air market and assembly use at 1791 Princess Anne Road (GPIN2413021294)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: Open-Air Market 1. The activities held on the site, the number of vendors and the location offood trucks shall be as depicted on the submitted Layout Plans which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. The Open Air Market shall be limited to the sale of works by local artists, crafts, homemade items, locally grown produce, locally prepared food products and food trucks. The market shall not sell 'hard good'type of items other than those indicated. 3. The Traffic Control Plan and Parking Management during events shall be as detailed in the "Evaluation and Recommendation" section of this report. A Certified Traffic Monitor shall be on-site during the hours of operation of the Open Air Market to assist with traffic control. 4. Two handicap spaces shall be provided in the area adjacent to the structure, as per the submitted Plan. These spaces shall comply with all ADA requirements. 5. All parking for the Open Air Market shall be on the property. 6. The Open-Air Market shall be limited to one (1) day events, twice a month, for ten (10)months between the hours of 8:00 AM to 4:00 PM. 7. No less than one trash receptacle per one thousand (1,000) square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow and litter and debris shall be not be allowed to accumulate. 8. In the event of inclement weather or if inclement weather is imminent, which may threaten public safety, the Open-Air Market event shall be cancelled. 9. Prior to each Open-Air Market event, the applicant shall contact all appropriate City agencies as required including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. October 18, 2016 91 Item—VI-K.6 PLANNING ITEM#66456 (Continued) 10. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Open-Air Market Conditional Use Permit, based on the date of City Council approval, shall be performed by the Planning Director. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic or overflow parking. Assembly Use 1. Assembly Use events shall be limited to twenty(20)per year within the hours of 9:00 AM to 11:00 PM and shall be limited to one hundred fifty (150) guests or as otherwise determined by the Fire Marshall. 2. All parking for the Assembly Use shall be on the property. 1. No outdoor amplified music shall be permitted after 10:00 PM. 5. No less than one trash receptacle per one thousand (1,000) square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow and litter and debris shall be not be allowed to accumulate. 6. Any outdoor storage of merchandise, stalls or other materials is prohibited. 7. Subject to Section 221 (k) of the Zoning Ordinance, an annual review, based on the date of City Council approval, shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic or overflow parking. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any Site Plan submitted with this application may require revision during detailed Site Plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division and the issuance of a Certificate of Occupancy are required before any uses allowed by the Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. October 18, 2016 92 Item—VI-K.6 PLANNING ITEM#66456 (Continued) This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, Two Thousand Sixteen. Voting: 9-0 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: John D. Moss October 18, 2016 _MCNialc\s \\:\\\1441\ '\ . ' J \ \ \ \ \ \\:\\ \\ \ \\\C•1 \\ \\\\\\\\\ \ '‘ 4s1\1•\.\ \\\\\\\_ \ • ' \\\*\\P‘ NeL-*N(:\ :1411; S\63\\\ \\:\ , c , \:: ,., Jim ...,,..,.‘ , , ,--- \. / .../..\/ N . Cs'\• -\ , - \ \I \ ' 'I \ - ' \03 , -vb L , -,, \,, . . , 47 i' - • _ , 1 , v.• \\: ;. \\:-.,u, ,-\ . iNN sti:C> ‘ NN111 \ . , I ti. • \ •qa. \ •-• - , op•ii, - - s, - - .,\-0 s 0 '• . \ N \ \ \\\\\ \\\\ :' ' •\\k s \ .\ \ .\ \‘ ,,., •5— \.... - .. •• \ \-„-„\:•\.-...\\- s\\ - -\.\ L------.\\\ \.,s. ,,...\,..- • \\.\-:-,.. \-\\„, • iii. "..\„\,..\ �14GOA'BE,4 ,�L . City of Vir irli t I beach r 4. y � r 9,p�s of OUR NA-0°4 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0059130 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 October 18, 2016 wsessoms@vbgov.com 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 The Tar Roof, LLC for conditional use permits (open air market and assembly use) at property located at 1791 Princess Anne Road and owned by the Burroughs Family Revocable Trust. 2. The property owner has disclosed that it has a deed of trust with TowneBank on another property with cross-collateralization. 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, William D. essoms Mayor WDS/RRI 93 Item—VI-K 7 PLANNING ITEM#66457 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of HARRIS TEETER PROPERTIES for a Conditional Use Permit re fuel sales at 2105 Princess Anne Road DISTRICT 7—PRINCESS ANNE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HARRIS TEETER PROPERTIES for a Conditional Use Permit re fuel sales at 2105 Princess Anne Road(GPIN 2414129860)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. With the exception of any other conditions of this Conditional Use Permit, the site shall be developed substantially in conformance with the submitted Site Plans entitled, "HARRIS TEETER FUEL CENTER STORE #419 SANDBRIDGE, SITE PLAN", dated June 30, 2016, and "HARRIS TEETER FUEL CENTER STORE #419 SANDBRIDGE, LANDSCPE PLAN", dated July 1, 2016, both prepared by Kimley Horn. Said plans have been exhibited to City Council and are on file in the City of Virginia Beach Department of Planning and Community Development. 2. With the exception of any other conditions of this Conditional Use Permit, the building (sales kiosk) and fuel canopy shall be developed in substantial conformance with the submitted elevation drawings entitled, "HARRIS TEETER FUEL CENTER-SANDBRIDGE- VIRGINIA BEACH, VA". 3. Except where modifications are necessary to meet the requirements of the City Landscape Guidelines, the plant materials shall be installed in substantial conformance with the Landscape Plan that was approved with the Conditional Change of Zoning approved by City Council on June 11, 2013. Said Landscape Plan has been included in this report, exhibited to City Council and is on file in the Department of Planning and Community Development. 4. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted photograph included in this report. The applicant may advertise fuel prices using electronic display panels consistent with the regulations of Section 217 of the City Zoning Ordinance. 5. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office. Signage for the site shall be as follows: a. Directional signs; b. One (1) monument-style freestanding sign, as provided in Condition No. 4; c. Two (2) canopy signs, two (2) building signs, or one (1)sign each on the canopy and the building. Any sign installed on the North and South faces of the canopy, as depicted in the submitted elevation drawings, may display fuel prices; however, per Section 217 of the Zoning Ordinance, the fuel prices shall not be electronic displays; d. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter(1/4) of the length of each side. Signage on the canopy shall not be internally or externally illuminated; October 18, 2016 94 Item—VI-K.7 PLANNING ITEM#66457 (Continued) e. There shall be no signs other than allowed above, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy light poles or any other portion of the site. 6. Prior to the commencement of development on the outparcel, a Plat shall be recorded with the Clerk of the Circuit Court. 7. Upon recordation of the Plat for the subdivision of the subject parcel, an easement shall be recorded providing that the parking spaces along the Western property line of the site, as shown on the submitted Site Plan, will be available for use by the subject parcel and by the larger parcel containing the existing commercial development. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. 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'I z ,..... 7 k' 95 Item—VI-K.8 PLANNING ITEM#66458 The following individual registered to speak: Barbara Messner spoke in OPPOSITION. Ms. Messner feels the City should have better signage in the entire City not just the Central Business Core District. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Ordinance upon application of CITY OF VIRGINIA BEACH to AMEND Sections 210.2, 2210 and 2211 of the City Zoning Ordinance pertaining to Definitions of Sign Types, Sign Regulations and Sign Design Guidelines for the CBC Central Business Core District 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 Absent: John D. Moss October 18, 2016 1 AN ORDINANCE TO AMEND SECTIONS 210.2, 2210 and 2 2211 OF THE CITY ZONING ORDINANCE, PERTAINING 3 TO DEFINITIONS OF SIGN TYPES, SIGN REGULATIONS 4 IN THE CBC CENTRAL BUSINESS CORE DISTRICT AND 5 SIGN DESIGN GUIDELINES FOR THE CBC CENTRAL 6 BUSINESS CORE DISTRICT 7 8 Sections Amended: City Zoning Ordinance Sections 210.2, 9 2210 and 2211 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That Sections 210.2, 2210 and 2211 of the City Zoning Ordinance, pertaining to 18 general sign regulations, definitions of sign types, sign regulations in the CBC Central 19 Business Core District, and Sign Design Guidelines for the CBC Central Business Core 20 District, respectively, are hereby amended and reordained, to read as follows: 21 22 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 23 ALL DISTRICTS 24 25 . . . . 26 27 B. SIGN REGULATIONS 28 29 . . . . 30 31 Sec. 210.2 Definitions. 32 33 The following definitions shall apply to all regulations pertaining to signs in this 34 Ordinance, including regulations governing signs in zoning districts listed in Section 35 102(a)(13): 36 37 Awning sign. A sign painted or printed on, sewn or otherwise affixed to the 38 surface of an awning. For purposes of this definition, an awning is a sheet of canvas or 39 other material stretched on a frame affixed to and projecting from a building or structure 40 and used to keep the sun or rain off of a storefront, window, doorway or deck. 41 42 Banner sign. A sign consisting of cloth displaying a message. 43 44 Billboard. A sign, including the supporting sign structure, that advertises or 45 directs the attention of the general public to an establishment, business, product or 46 service that is located on a separate site from the billboard, but not including roadside 47 guide signs, public art sponsorship signs or other signs lawfully located on public 48 property. 49 50 Building crown sign. A wall sign mounted at least three-fourths (%) of the 51 distance from ground level to the top of a building no less than thirty-two (32) feet in 52 height. 53 54 55 Building frontage means the exterior length of that portion of a building occupied 56 exclusively by a single establishment. 57 58 Cabinet sign or box sign. A sign that has one or more plastic, acrylic, or similar 59 material panels that may or may not be internally illuminated. The sign panels may be 60 either flat or shaped (pan face) and are attached to a metal frame (cabinet). 61 62 Canopy sign. A sign en permanently affixed to a building canopy. For purposes 63 of this definition, a canopy is a rigid structure projecting from a building or structure and 64 used to keep the sun or rain off of a storefront,window, doorway or deck. 65 66 Changeable copy. Informational content, such as removable lettering, that can be 67 readily altered by manual means. Changeable copy does not include electronic 68 displays. 69 Channel lettering sign. A component of a type of wall sign composed consisting 70 of letters and symbols constructed and assembled as individual pieces, whether such 71 pieces are individually mounted or grouped together. 72 73 Electronic displays sign. A component of a sign containing light emitting diodes 74 (LEDs), fiber optics, light bulbs, plasma display screens or other illumination devices, or 75 a series of vertical or horizontal slats or cylinders that are capable of being rotated at 76 intervals, that are used to change the messages, intensity of light or colors displayed by 77 such sign. The term shall not include signs on which lights or other illumination devices 78 display only the temperature or time of day in alternating cycles of not less than five (5) 79 seconds. 80 81 Freestanding sign. A sign supported by structures or supports that are 82 independent of any building or other structure. 83 2 84 Hanging sign. A sign that hangs from a soffit or other architectural feature of a 85 building or permanent structure or from a bracket affixed to a building wall. 86 87 Information board sign. A sign mounted within a display cabinet located in close 88 proximity to the entrance to a building. 89 90 Major tenant. A single establishment that occupies the space in a building with a 91 building wall height of at least thirty-five (35) feet and with at least one (1) continuous 92 wall containing at least eighty (80) feet of building frontage. 93 94 Marquee sign. Any sign attached to or hung from a marquee. For the purpose of 95 this article, a marquee is a covered structure projecting from and supported by the 96 building with independent roof and drainage provisions and which is erected over a 97 doorway or doorways. 98 99 Monument sign. A freestanding sign supported primarily by internal structural 100 framework or integrated into landscaping or other solid structural features other than 101 support poles, the base of which is at least seventy-five (75) percent of the total width of 102 the sign. Monument signs have the following additional characteristics: 103 104 (a) The width of the base does not exceed twice the height of the total sign 105 structure and does not extend more than one (1) foot beyond either outside edge of the 106 face of the sign; 107 108 (b) The height of the base is between eighteen (18) inches and four (4) feet; 109 and 110 111 (c) The maximum height of the sign, as measured from ground level, does not 112 exceed eight (8) feet. 113 114 Neon sign. An illuminated sign containing a glass tube or tubes filled with neon, 115 other noble gases or phosphors, bent to form letters, symbols or other shapes. 116 117 Occupancy frontage. The exterior length of that portion of a building occupied by 118 a retail, office or other nonresidential use having at least one (1) exterior public 119 entrance. 120 121 Projecting or blade sign. A sign that projects from and is supported by a wall or 122 parapet of a building with the display surface of the sign in a plane perpendicular to the 123 wall surface to which it is affixed. 124 3 125 Sandwich board or A-frame sign. A two-sided portable sign, hinged or attached 126 at the top of the sign panels, _ _ -e _ _ - _ - - _ _ - - __. _ _ _ -- 127 sign is located or carried by a person standing between the two sign panels. 128 129 Sign. Any structure, display, device or other object or thing, visible from any 130 public street or right-of-way, any area open to use by the general public, or any 131 navigable body of water, including, but not limited to, any word, letter, series of words or 132 letters, painting, mural, logo, insignia, emblem, service mark or other graphic or pictorial 133 representation, which that: (i) identifies or advertises, or directs or attracts attention to, 134 any product, merchandise, service, business or establishment, (ii) or which suggests the 135 identity or nature of any business or establishment, (iii) or which invites or proposes a 136 commercial transaction, or (iv) communicates a message of a noncommercial nature. 137 The term does not include architectural elements incorporated into the style or function 138 of a building, numerals signifying a property address, dates of erection, monumental 139 citations, commemorative tablets and the like when carved into stone, concrete or 140 similar material or made of bronze, aluminum or other permanent type construction and 141 made an integral part of the structure. 142 143 Table umbrella sign. A sign that is part of the fabric, or affixed to the pole, of a 144 table umbrella. 145 146 Temporary sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, 147 fabric, or other lightweight material designed to be displayed and removed within a 148 limited period of time and neither permanently installed in the ground nor permanently 149 affixed to a building or structure permanently installed in the ground. 150 151 Traffic direction sign. A sign, whether temporary or permanent, oriented primarily 152 so as to be visible to vehicles entering the premises on which such sign is located. 153 154 Wall sign. A sign attached to or painted on the wall of a building or structure in a 155 plane parallel or approximately parallel to the plane of said wall. 156 157 Window sign. A sign posted, painted, placed, or affixed in or on a window 158 exposed to public view. An interior sign that faces a window exposed to public view and 159 that is located within three (3)feet of the window shall be considered a window sign. 160 161 COMMENT 162 The amendments make a number of changes to the definitions of certain sign types and also 163 add new sign types. 164 . . . . 4 165 166 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT 167 . . . . 168 169 B. DEVELOPMENT REGULATIONS 170 . . . . 171 172 Sec 2204. Development standards. 173 . . . . 174 175 (d) Permitted encroachments. 176 . . . . 177 178 (2) Encroachments into or over public streets, sidewalks or other public fights- 179 ing 179 of-way property shall be permitted in accordance with Article VI of Chapter 33 of the 180 City Code, except as otherwise provided in this Article. All encroaching structures and 181 signs shall conform to the applicable Central Business Core District Design Guidelines. 182 183 184 C. SIGN REGULATIONS 185 . . . . 186 187 Sec 2210. Regulations applicable to all signage. 188 189 The following regulations shall apply to all signage within the Central Business 190 Core District. All signage shall comply with the provisions of Article 2, Part B of the City 191 Zoning Ordinance, except as otherwise expressly provided in this section. Definitions of 192 sign types shall be as set forth in Section 210.2. In the event of a conflict between the 193 provisions of this section and any other provision of the City Zoning Ordinance, the 194 provisions of this section shall apply. 195 196 (a) Permitted signs types. The following signs types shall be permitted within 197 the Central Business Core District: 198 199 (1) Awning signs shall be limited to one (1) sign per awning and shall 200 not exceed a maximum of two (2) square feet in area; provided, 201 however, that an establishment with no wall signs may apply its 202 wall signage allowance, if any, to one (1) awning, in addition to the 203 maximum two square-foot signs permitted on the remaining 204 awnings. In such cases, the awning and sign must conform to the 205 Central Business Core District Design Guidelines. Awning signs 206 shall not be internally illuminated. Awnings shall not horizontally 5 207 extend more than three (3) feet over the public street, sidewalk or 208 other public property or from the building façade and shall have a 209 minimum vertical clearance of eight (8) feet above ground level. 210 - - _e - --.-e e _ - : _ ,• a- .e - 211 Guidelines shall not be included in determining the allowable 212 - - - - - _ _ . .. _- -- - - - - - - - - • 213 214 (2) Banner signs other than those allowed in connection with major 215 entertainment venues shall be - _ _ _ _ - __ _ __ _ 216 - - e - e - e e e - - - e - -- -- . e -- - - 217 - - - - - - = - - - - -- - - - - - - - 218 fifteen (15) feet above street level directly below such sign. The 219 220 shorter dimension. One (1) such sign shall be allowed for every 221 twenty five (25) linear feet of frontage of the building to which they 222 are affixed. permitted on buildings no less than thirty-two (32) feet 223 in height and must conform to the Central Business Core District 224 Design Guidelines. Banner signs shall not be internally 225 illuminated. Banners shall have a minimum vertical clearance of 226 fifteen (15) feet above ground level, shall not horizontally extend 227 more than five (5) feet over the public street, sidewalk or other 228 public property or from the building facade, and shall not extend 229 above the top of the building facade. Banners shall be securely 230 mounted by means of mounting hardware perpendicularly to a 231 vertical building wall. 232 233 (3) [ 234 Building crown signs. In addition to other signage allowed by this 235 section, buildings no less than thirty-two (32) feet in height may 236 have a maximum of two (2) building crown signs. Buildings no less 237 than fifty-two (52) feet in height may have a maximum of four (4) 238 building crown signs, provided they conform to the Central 239 Business Core District Design Guidelines. Building crown signs 240 shall not exceed the area set forth below, nor shall more than one 241 such sign be placed on each building façade. Such signs shall be 242 mounted at least three-fourths (%) of the distance from ground level 243 to the top of the building façade, but no higher than the top of the 244 building façade. No such sign shall horizontally extend into the 245 public street, sidewalk or other public property or from the building 246 façade more than the amount listed below. 247 6 Bldg. height (in feet) Maximum area per Maximum extension sign (in square feet) from building (in feet) Less than 75 75 1 75 - 99 100 2 100 - 149 125 2 150 - 199 175 3 200 or more 250 3 248 249 (4) - - - - - - -• - • - e - - • e - -- e - - - 250 where the changeable copy portion of such signs is not greater 251 _ _ _- _ - - - - - - - - - - - 252 twenty percent (20%) of the total sign area allowance of an 253 establishment, whichever is Ices. Skewed or missing lettering shall 254 be promptly replaced. 255 256 Canopy signs shall be limited to one (1) sign per canopy and shall 257 not exceed a maximum of two (2) square feet in area; provided, 258 however, that an establishment with no wall signs may apply its 259 wall signage allowance, if any, to one (1) canopy, in addition to the 260 maximum two square-foot signs permitted on the remaining 261 canopies. In such cases, the canopy and sign must conform to the 262 Central Business Core District Design Guidelines. No canopy sign 263 shall exceed two (2) feet in height or one (1) foot in depth. No 264 canopy sign shall extend outside of the width of the canopy on 265 which it is located. Canopies shall not horizontally extend more 266 than three (3) feet over the public street, sidewalk or other public 267 property or from the building and shall have a minimum vertical 268 clearance of eight (8) feet. 269 270 (5) Electronic display signs, rope lighting, low voltage strip lighting or 271 strings of lights shall be allowed only for major entertainment 272 venues and shall require the approval of the City Council. 273 PRESERVED] 274 275 (6) Freestanding signs shall be monument-style only and shall be 276 allowed only by special exception for Alternative Compliance-ate 277 only if the City Council e - •• • - _ _ _ _ __ _ •• _ -- 278 applicable Central—Business Core District Design Guidelines 279 pursuant to Section 2205. 280 7 281 (7) Hanging signs shall be limited to one (1) sign for each building 282 facade occupied by a ground story establishment and shall not 283 exceed nine (9) square feet in area. Such signs shall have a 284 maximum of two (2) faces, which shall be parallel to each other. 285 and shall not exceed six (6) square feet per face in sign area. In 286 - -- - - - - _ . ' - •- -- _ - _ _287 hanging sign, and no busincs.. No establishment having a hanging 288 sign shall also have a projecting sign on the same building facade. 289 No hanging sign shall be internally illuminated. Hanging signs shall 290 not or-horizontally project over any public sidewalk by extend more 291 than three (3) feet over the public street, sidewalk or other public 292 property or from the building facade and. Hanging signs shall 293 maintain a minimum vertical clearance of eight (8) feet above 294 ground level. Any hanging sign that projects over a public sidewalk 295 shall conform to all applicable Central Business Core District 296 Design I-I Iidelines. 297 298 (8) Information board signs shall be placed within a weather-resistant 299 closed display cabinet no greater than eight (8) square feet in area, 300 permanently mounted to the building wall facade and extending no 301 more than six (6) inches over the public street, sidewalk or other 302 public property or from the building facade. The maximum height of 303 the lettering on such signs shall not exceed two (2) inches. 304 - ee. - -- e e — - . C . __ - 305 306 307 308 (9) Major entertainment venue signs shall be permitted in accordance 309 with the provisions of Section 218. 310 311 (10) Marquee signs shall be allowed only on buildings occupied by 312 theaters, cinemas, performing arts facilities or similar venues, and 313 314 linear feet of building façade to which it is attached shall conform to 315 the Central Business Core District Design Guidelines. The top of 316 the such signs shall be at a height no greater than eighteen (18) 317 feet above the ground •• •• _•_ - _e.- _ - _ - - _ level, and 318 there shall be the marquee shall have a minimum vertical clearance 319 of nine (9) feet above ground level. In addition, such signs may 320 contain changeable copy as permitted by subsection 321 (b)(7). Marquee signs may encroach above over a public street, 8 322 sidewalk or other public property by a maximum horizontal distance 323 of ten (10) feet if such marquee conforms to the Central Busing 324 -- - '• • • - - - - - - . 325 326 (11) '- - ' - - - -- - - - - - - -- - -- - - - - - - 327 one (1) sign per vehicle entrance and two (2) additional signs, all of 328 which may be project from the building to which they are affixed by 329 330 - - - - - - - -- - -- - -- - - - - - -331 no larger than seventy five (75) square feet in ar a and bo 332 internally ill aminated f RESERVED1 333 334 (12) Projecting signs Projecting or blade signs shall be limited to one (1) 335 sign for each building facade occupied by a ground story 336 establishment. Such signs shall have a maximum of two (2) faces, 337 which shall be parallel to each other, and no establishment having 338 a projecting sign shall also have a hanging sign on the same 339 building facade. Projecting signs shall not be internally illuminated 340 and shall not exceed six (6) nine (9) square feet per face in sign 341 area, or horizontally extend more than three (3) feet over the public 342 street, sidewalk or other public property or from the building façade, 343 provided, however, that an establishment with no wall sign may 344 apply its wall signage allowance, if any, to one (1) projecting sign, if 345 it conforms to the Central Business Core District Design Guidelines. 346 All projecting signs shall maintain a minimum vertical clearance of 347 eight (8) feet above ground level. No projecting sign shall be 348 internally illuminated or, except for parking garage signs, project 349 more than three (3) feet from the wall to which it is affixed. Such 350 signs shall maintain a minimum cl arancc of nine (9) feet above 351 - - - - e _. -- - _ _ . .. -• - - - _ - _ _ - 352 (1) such projecting sign, and no business establishment having a 353 - e.- - - - - - - - - - • - - -- e - 354 - - - - - -- - - - -- - •- - - - - - . . 355 Central Business Core District Design Guidelines. 356 357 (13) Sandwich board, A-frame or other signs placed on the 358 sidewalk shall be made primarily of wood, wood composite or metal 359 and have a professional finish. Incorporated inserts must contain a 360 fixed message or be made out of chalkboard, dry eraser board, or 361 similar material. Such signs shall be placed no farther than three (3) 362 feet from directly in front of the façade of the building in which the 9 363 business, establishment that is the subject of associated with the 364 sign is located, and a travel-width-horizontal clearance of at least 365 eight (8) feet shall be maintained on public sidewalks. Such signs 366 shall not be artificially illuminated or left out overnight. Only A 367 maximum of one (1) such sign, not to exceed six 368 square feet per side1 shall be permitted per businccs establishment. 369 No merchandise or other material shall be placed on or hang from 370 any such sign. Sidewalk signs other than sandwich board, A-frame 371 style (not hinged at the top) are permitted if they conform to the 372 Central Business Core District Design Guidelines. Such signs may 373 -- - - - - - - -- - - - - - - - - -374 does not obstruct or impede pedestrian passage. Sandwich board 375 - • -- e .. e - — - = - '• • ' 'e - 376 -376 shall not be included in determining the allowable signage of any 377 - - -- - - - - - - - - 378 379 (14) Signs located on property for sale, lease or rent shall be permitted; 380 e e e - - - - - - - - .--e e . e . . - 381 feet in surface ar a. Not more than two (2) such signs shall be 382 e- .. - - - - - - - - - - - - e - - - - - e - e -- 383 of lot line adjoining the street, and any property having less than 384 one hundred (100) feet of such lot line shall have no more than one 385 sign not exceeding sixteen (16) square feet in area. [RESERVED1 386 387 (15) Table umbrella signs shall be limited to no more than two (2) signs 388 on each umbrella and no more than two (2) square feet per sign. 389 Table umbrella signs conforming to the Central Business Core 390 �. •_ - - - - - - - - -- - - - - -- - - - - 391 - - - - -- - - - -- - - - - - - - - 392 393 (16) Wall signs shall not exceed sixty (60) square feet or one (1) square 394 foot per linear foot of building frontage. Establishments located on 395 the ground or second story shall be permitted one (1) such sign on 396 each building facade occupied by the establishment. No wall sign 397 shall extend above the building façade wall to which they are 398 _ • -e, _ _ . - - or horizontally extend more than 399 twelve (12) inches over the public street, sidewalk or other public 400 property or from the building façade wall to which they are affixed. 401 402 (17) Window signs shall not exceed, in the aggregate, ten per cent 403 (10%) of the total area of the windows in which they are located; 10 404 provided however that an establishment with no wall signs may 405 apply its wall sign allowance to any window. In such cases, window 406 signs must conform to the Central Business Core District Design 407 Guidelines. Window signs shall not consist of or contain oscillating 408 lights, rope lighting, low voltage strip lighting, electronic displays 409 signs, televisions, or computer monitors, or backlit or internally 410ill +nam-41splays or graphics; provided, however, that holiday 411 lights framing or placed inside windows shall be allowed for a 412 •ee e ' ' -! - - - - - - -c • - - - - - - 413 _ - - _ _ _ _ •_ - . _ _ . non oscillating 414 Neon or similar types of signs no larger than not to exceed the 415 area specified above e . e. . - -- - - -. shall be permitted 416 if such signs conform to the Central Business Core District Design 417 Guidelines _ - . - -_ - -- - •- - 418 419 (18) In addition to other signage allowed by this section, commercial 420 buildings may have a maximum of two (2) signs not exceeding the 421 ar a set forth below. Such signs shall be mounted at least three 422 fourths (%) of the distance from ground level to the top of the 423 building, but no higher than the roofline. Additionally, two (2) signs, 424 - - - - - e - - - - -- - - - 425 street level. 426 427 Bldg Height (in feet) Maximum area per sign (in square feet) 428 429 Leaf than 75 75 430 75 99 100 431 100 149 125 432 150 199 175 433 200 249 225 434 250 299 275 435 300 or more 300 436 437 438 (b) . Special regulations. The regulations set forth in this 439 subsection prescribe the number of signs, total sign area allowance and other 440 characteristics of signage within the District. 441 11 442 (1) Unless otherwise provided, the regulations set forth in 443 this section apply to each separate busines., establishment. 444 445 (2) In the event of a conflict between any of the following provisions 446 and the provisions of subsection (a), the provisions of this 447 subsection control unless stated otherwise. 448 449450 . . .. - - -- - - - - - - - - - - - ' - -- 451 a public street may have a maximum of one (1) square foot of 452 - - . - -- - - - e - e - - - - - - - - • -- 453 - - - - - - - - - - - - - - - - - ' 454 - • ' - - - - - - --e ' :! _ - _ - -- - - - - 455 - 456 façade. 457 458 In addition, one (1) sign identifying the entrance to upper floor 459 -- 460 shall be permitted at street level at each principal entrance. 461 462 (2) Other buildings. In addition to signs allowed by Section (a)(18), 463 464 465 sidewalk may have a maximum of one (1) square foot of signage 466 per linear foot of each building wall occupied by such establishment 467 and facing a public street. Such establishment may have a 468 maximum of one (1) sign for each building façade facing a public 469 street. 470 471 (3) All signs that encroach into or over a public street, sidewalk, or 472 other public property shall conform to the Central Business Core 473 District Design Guidelines unless otherwise authorized by 474 resolution of the City Council pursuant to Article VI of Chapter 33 of 475 the City Code. 476 477 (4) Except as expressly allowed, no siqn shall be located above the 478 second story of any building. 479 480 (5) Except as expressly allowed, all signs shall be located on that 481 portion of a building wall occupied exclusively by the establishment 482 that is associated with the sign. 12 483 484 (6) Cabinet or box signs, either standing alone or as a component of a 485 sign, shall not be allowed. 486 487 (7) Changeable copy shall only be allowed as part of a marquee sign, 488 where the changeable copy portion of such signs is not greater 489 than forty percent (40%) of the total area of the marquee sign. 490 Skewed or missing lettering shall be promptly replaced. 491 492 (8) Electronic displays shall be allowed only for major entertainment 493 venues and shall require the approval of the City Council as 494 specified in Section 218. 495 496 (9) Neon signs shall not oscillate, blink or flash and shall only be 497 allowed in windows as specified in Section (a)(17). 498 499 (10) Parking structures and parking garages, public or private, may have 500 one (1) wall sign and one (1) projecting sign per pedestrian or 501 vehicle entrance. The maximum sign area for such wall signs shall 502 not exceed one foot per linear foot of the width of the entrance. 503 The maximum area for projecting signs shall not exceed (sixty) 60 504 square feet and shall not horizontally extend more than six (6) feet 505 over the public street, sidewalk or other public property or from the 506 building facade. Projecting signs on parking structures may be 507 internally illuminated. Wall or projecting signs at pedestrian 508 entrances shall be located at ground floor height. In addition to wall 509 and projecting signs, parking structures no less than thirty-two (32) 510 feet in height shall also have no more than two (2) building crown 511 signs. Unless otherwise specified, no signs on parking structures 512 or garages shall exceed the dimensions specified in Section 513 2210(a). 514 515 Where a commercial building is located on a 516 zoning lot with a parking structure that is used to satisfy, in whole or 517 in part, the vehicular parking requirements of the commercial 518 building, suchGommercial building may have, in addition to other 519 signage permitted by this section, : • - - - - - - 520 - - -- - e e. - - - - - -- e .e - .e - - - - -- - -- 521 building wall on which the sign is located for ach building façade 522 facing a public street, and one (1) wall sign, which shall be located 523 on the parking structure serving the commercial building; and which 13 524 may be located above the second story of the structure. with Such 525 sign shall have a maximum an area no greater than one (1) square 526 foot of signage per linear foot of the building wall of the parking 527 structure on which the sign is located, not to exceed sixty (60) 528 square feet. 529 530 Multiple family dwellings may have a total of one (1) square foot of 531 - - - - - -- - - - - - ' - - - - - - 532 building façade facing a public street. 533 534 (11) Temporary signs located on property for sale, lease or rent shall not 535 exceed sixteen (16) square feet in area. Not more than one (1) 536 such sign is permitted for each building frontage; provided, 537 however, that leasable spaces with a building frontage one 538 hundred (100) feet or greater in width shall be permitted a 539 maximum of two (2) such signs. Properties with no buildings shall 540 be subject to the regulations of the B-3 Central Business District 541 pursuant to Section 905(c). 542 543 (c) _ - . : - __ - .• •_ ._ - - - - - - ; Ee - 544 545 Signage conforming to the Central Business Core District Design 546 - - - "•- •e • — .•e - •-- - e- - - - e - - - - • - 547 provisions: 548 549 A • - - . •e -e - - - - - . . ' - •• -- -- - .. - - 550 - - - 551 and the total sign area allowance of the establishment, if any, is 552 increased by twenty five per cent (25%) of the area otherwise 553 - 554 or more signs may—also have one additional "bonus" sign of an 555 allowed sign type, other than a projecting sign, which sign shall 556 -- - .. - • - - - - - e . - -- -- - - - e • •e 557 this section; provided, however, that the total sign area of all 558 signage shall not be further increased by reason of the "bonus" 559 sign, 560 561 3: All signs that are allowed to encroach into or over a public street or 562 _ _ _ _ •• _ !- _ _ . _ _ - _ - - - 14 563 - - - - - - - - - -- - -- - - - --- 564 Section 33.1 114. 565 566 4. The Planning Director shall determine whcthcr or not signage 567 - _ .. - •_ - - - - _ - - - - 568 determination, seek the advice of the Central Business District 569 Association Design Review Committee or a designated 570 subcommittee thereof 571 572 COMMENT 573 574 The amendments refine the sign regulations applicable to the Central Business Core 575 District to be more consistent with the urban-oriented intent of the City's downtown mixed-use 576 district. In addition,stylistic and technical corrections have been made. 577 578 579 D. Design Guidelines 580 581 Sec. 2211. - Central Business Core District Design Guidelines. 582 583 The Central Business Core District Design Guidelines (January 201,1, October 584 2016) ("Design Guidelines") appended hereto are hereby incorporated by reference into 585 this Article. Such Design Guidelines shall supersede Section V (Architectural 586 Guidelines) and Sections VII through X (Signage Guidelines/Design Review Process) of 587 the Central Business District Urban Guidelines (February 4, 2004), and the Special Area 588 Design Guidelines, Urban Areas, set forth in the Reference Handbook of the 589 Comprehensive Plan. 590 591 The Planning Director shall determine whether or not a proposed design 592 conforms to the Design Guidelines and mav, in making such determination, seek the 593 advice of the Central Business District Association Design Review Committee or a 594 designated subcommittee thereof. Such determination shall be appealable to the Board 595 of Zoning Appeals. 596 597 598 18th 599 Adopted by the City Council of the City of Virginia Beach on the day 600 of October , 2016. 601 602 603 604 605 15 606 Approved as to Content: Approved as to Legal Sufficiency: 607 ► ` 608 E /„�. �.��,��1 A.14,- . '----- v \ 10w 609 ' . • ng D:partment City Att•'o 's Office 610 611 CA-132 • 612 R-15 613 September 9, 2016 16 Central Business Core District DESIGN GUIDELINES January 2011October 2016 r- .. 7 toiii. 'may /'21 I .'�. / 're,fir g its1 j .r-silib.L. , ; - f 1 "el lin .. Jai' ti ilk ' '' Tr: - , _, _-,4Ji : Page Intentionally Blank (for double-side printing purposes) Central Business Core District Design Guidelines CONTENTS I. Introduction I-I Purpose 1-2 Applicability I-3 Development Principles I-3 2. Streets 2-I 3. Buildings 3-I Placement 3-I Massing 3-2 Facades 3-4 Entrances 3-5 Materials 3-7 Lighting 3-9 Mechanical Equipment and Service Areas 3-10 Parking Structures 3-I 0 4. Outdoor Amenities 4-I Outdoor Spaces 4-I Public Art 4-3 5. Signs 5-1 Applicability 5-I Bonus Signage 5 I General Guidelines 5-2 Specific Sign Types 5-6 6. Sustainability 6-I Introduc ion1 The Pembroke Strategic Growth Area has evolved from its beginning as an early 20th century speculative subdivision named Sunnybrook, situated along the railroad between Norfolk and Virginia Beach, to an increasingly prominent position as the urban core of the City of Virginia Beach. What began as a vision for a 'downtown' as set out in the 1991 Central Business District Master Plan led to the establishment of the B-3A Pembroke Central Business Core District and the development of the Virginia Beach Town Center. it _,-_-________. SUNNY BR I r I` z. �4. .. o I. SUNNY BROOK INC. 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Inl!Hllixltx 1gu13• IIII '1111331 N' II Ag!ttPR11RHl.III tinwil1m1i111111•31113111 11311 1 1 ' 11C4S.r 1'twrr. \�iu,1 HpetN[ I yI in+l Nt1 Np�i' 11• ' 1l\ I[IistN ..loins 1 //T, '';9 m1111':111111 !MO,,"11:;;;`_ T -pMNIP •• ••••.• II 111wui wllY'r•...1 Mir•�1•�1aM.liii`rill Illellg• ( 1 i 1�1111•;•1111,1 11111.1^ 1mmf •• -It Ifl� ,1111111 m-,o1It - I 1, ' \NI11mHml Il Nm3Mf1111111 yi- {._ 'Mil, k1•i I .'-1 _ R'tlnx�x ti __ c a In 2003, Town Center and the area surrounding it became the Pembroke Strategic Growth Area, one of several key areas targeted to absorb our City's future growth. In order to determine how to manage and achieve this growth, the City adopted master plans for each of its Strategic Growth Areas. The Pembroke Strategic Growth Area 4 Implementation Plan Page 1-1/CBC District Design Guidelines January 2014Amended October 2016 DUCTION (referred to in this document as the Pembroke SGA Plan) was adopted in 2009 to establish a shared, long term vision - and an implementation strategy to achieve that vision - for the Pembroke SGA. The Plan divides the Pembroke SGA into six `urban districts,' with each district possessing a slightly different purpose and design character. The `CBD/Core' District is envisioned as a strong urban nucleus with high density, commercial development that will serve as a focal point for region-serving retail, hotel, and office uses while also creating an urban skyline for Virginia Beach. As development moves away from the Core district, land use densities will decrease, but the urban framework continues. The creation of this urban framework, particularly when the existing `canvas' is suburban, requires a combination of appropriate zoning regulations and design guidelines that address both the public and private realm. Pu pose The purpose of the Central Business Core District Design Guidelines is to: 2 �. t' 1`� .�� t` t' a. Assist property owners and developers regarding appropriate site, building, and sign ', , . ,�-.• ' r design for the District. r h' i ' t b. Encourage innovation and creativity in the "' ``r► - 4 I r� design and use of sites, buildings, and signage in ,, r , T1. - it the District; ‘1� � `t r' ' ti` +t. c. Enhance the visual appeal, and thus the general ambience of the District, making it a more pleasant place for residents and visitors; f��r y... d. Encourage replacement of legally, .,rrr;,4: nonconforming buildings and signage with `! rt"' those that meet the new zoning regulations and the Design Guidelines; CMSS Architects 2009 e. Enable an alternate means by which a development can comply with zoning regulations and achieve the goals of those regulations without following a strictly prescribed form. These Design Guidelines are not mandatory requirements; they are voluntary and strongly encouraged. Page 1-2 /CBC District Design Guidelines January 2014Amended October 2016 INTRODU STION 1 Applicability As noted above, these Guidelines are to be used in conjunction with the zoning regulations of the Central Business Core (CBC) District (Article 22 of the City Zoning Ordinance). In addition to the specific regulations for the Central Business Core (CBC) District, there are two other sets of available provisions for development. The first of these, "Optional Forms of Development," is a by-right option by which one or more of the prescribed (required) forms may be altered or even eliminated if certain building features and/or elements described in these Guidelines are provided. The OFD provisions in Section 2206 are intended to provide the opportunity for a different, but equally desirable, means of accomplishing the same end result as would be provided by the regulations of the Zoning Ordinance. The second provision, "Special Exception for Alternative Compliance," applies to development proposals that, while not conforming to the applicable Design Guidelines, are nonetheless visually attractive and advance the goals of the District. Therefore, in recognition that not all design criteria in these Guidelines may be workable or appropriate for every design, the Alternative Compliance provisions of Section 2205 may be used as an alternative to strict conformity with the Design Guidelines and with the Code. Such decisions will be made by City Council on a case-by-case basis with the overall purposes of the Design Guidelines and the Code as the guiding principles. flev- lopment Principles These Guidelines are based on the following Development Principles as provided in the Pembroke Strategic Growth Area 4 Implementation Plan: I. Efficient use of land resources Applying the land use techniques of compact development, infill development, and shifting toward more structured parking areas are key components to successfully achieving a more efficient pattern of growth. The benefits include reduced sprawl, protection of existing stable neighborhoods, increased protection of farmland and open spaces, reduced dependency on the automobile and more cost-effective use of existing infrastructure. Page 1-3/CBC District Design Guidelines January 2011Amended October 2016 1 INTR•DUCTION 2. Full use of urban services Compact development patterns mean more people will benefit from using existing public infrastructure and services such as roads, schools, water, sewer, police, fire, rescue and others. While expansion of some existing facilities and services will be necessary, the findings of many studies across the county show that, in the long, run, low-density sprawl costs more tax dollars to serve than does compact development. 3. Compatible mix of uses Providing a complementary and vertical blend of residential and non-residential uses within reasonable walking distances of one another is an important part of a successful compact development strategy. Effective mixed-use developments also have a `critical mass' where the mixture of uses is such that the need for an automobile for routine trips for goods and services is significantly diminished. Architectural design considerations and controlling the hours of business operations must be factored into the land use strategy. 4. Transportation opportunities Compact development patterns afford greater choice of transportation alternatives and less overall congestion than is otherwise experienced in communities that are almost exclusively suburban. This contributes to decreased dependence on the automobile, especially the single occupied vehicle, reduction in citywide vehicle miles traveled, increased opportunities for more efficient and cost-effective forms of shared and mass transportation and opportunities to commute by walking or biking. Other opportunities include local and metropolitan transit systems to link to regional and interstate transportation systems which leads to cleaner air and safer travel. 5. Detailed human-scale design Urban areas that are safe, 3"- well-designed, and attractive . , are a key community goal. ' 'Xi It is important for these i.. q }p rrA%ie _ h areas to be built at a '= a. `human-scale,' especially as _ #" as ri1! I'�I * people experience activity :*" _ . • ' along the streets, sidewalks, '` ' , I and public spaces. Urban streetscapes are designed CMSS Architects 2009 Page 1-4 /CBC District Design Guidelines January 2011Amended October 2016 INTRODU STION 1 with special paving, landscaping, lighting, and other features that create an interesting and inviting environment. When designed and built with quality in mind, these physical elements galvanize to foster a positive sense of urban place, one that is enjoying a resurgence of public interest in many communities across the country. As is the case in nature, cities evolve and gradually adapt to changes in their physical environment. 6. Environmental stewardship Sustaining the urban setting requires public and private involvement in improving and maintaining the various components of the natural and built infrastructure. Private development practices utilizing Leadership in Energy and Environmental Design TM (LEED) and other certification type construction have now been incorporated into public planning practice. Many rural and suburban municipalities promote it—this through incentives, while major metropolitans incorporate *-sustainable building practices into their ordinance, regulations and planning documents. Current public and private partnerships arc advancing the LEED for -•:-::: a- - .__ . . . -- -- • ---- - . W !:" . oklissort h,• ' Wig � .. II, 4 _,..ll.1 11.LE ',ri. or itte.fr--...,. , .,� 31:. , 1 iq >,,, !,.. ,,. ,, 1..., .wpme alba • fes„•. � ° . ....T....' y i°*: !......::.-... !rt. '"-:414:11.-;-: V :..- __ 1a aei! • .. • ! a 9 1p��+tl lrn� 'lett !C - ill! "!•••• .. t „,,,. .41iiiii " +.•:. lii iiia .-_,,..,,.•-_ tr,e CMSS Architects 2009 Page 1-5/CBC District Design Guidelines January 2011Amended October 2016 Page Intentionally Blank (for double-side printing purposes) Str - ets Streets communicate the quality of the public environment and the care a city has for its residents. Collectively, streets are the largest area of public space in the city. Accordingly, their design should be of the highest quality and should ensure that they are intended for all of modes of transportation —from the motor vehicles that traditionally travel along most of the width of the street, to the bicycles that share that width, to the pedestrian that travels the sidewalk along the edge. Design Principle 5, presented earlier in these Guidelines, 1111 EnI11 stresses the importance of streets and the creation of the y 1� 11 11 `streetscape that frames each street: --- -- - Urban areas that are safe,well-designed, and attractive are a Pw j' -r. .. .. key community goal. It is important for these areas to be , �� :: :: built at a`human-scale,'especially as people experience �o activity along the streets, sidewalks,and public spaces.` V Urban streetscapes are designed with special paving, i 114,1' landscaping, lighting,and other features that create an +'k p interesting and inviting environment. Design is important for all facets of the streetscape, including the overall street network, the number and width of vehicular travel lanes, and an especially careful consideration of the sidewalk element, which contains much more than just a paved walking path. These Guidelines promote streets that are integral components of the overall urban design of the District. As new streets are created, continue the grid pattern established in Town Center and reinforced in the Pembroke SGA Plan. Expanding the public street network will ; provide alternate travel routes and open " up parcels for higher density development with greater visibility. Page 2-1/CBC District Design Guidelines January 2014Amended October 2016 IIIMETS EliAs properties are developed, they should . be designed to provide existing and/or new rights-of-way with adequate space to accommodate all functions of the street, ; including vehicle lanes, bike lanes, medians, tk 7 and sidewalks as designated in the „ - .r ....<, , ,,;,,..y�, Pembroke SGA Plan. ,, t losCurb cuts and driveways should be kept io EE .; 4 to a minimum, especially on internal, -' IP it „ ki pedestrian-oriented streets. ,iII II lib r « I. ell ' 4041 Sidewalks should be constructed or 2.4 retrofitted to provide the following four zones: I. The Building Frontage Zone; -` .' 2. The Pedestrian / Movement Zone; _ `E, y- . 3. The Furniture / Tree Zone; and y !' ` 4. The Curb Zone. a.czo«e . Incorporating these four zones into the Movokent low streetscape design will foster a safe and comfortable pedestrian environment. Page 2-2 /CBC District Design Guidelines ar-y-2814Amended October 2016 STREMI inThe ideal width for sidewalks in the CBC District is 20 feet, as measured from the back of the curb to the building facade. A ,_ width of 20 feet provides each of the four sidewalk zones the necessary space for - �, , each to function as intended. • i c E _ r - 4. To ensure it functions as intended, "_ the Pedestrian / Movement Zone ''-� — o d�'an/M should have a clear width of 6 to 8 -- - nn�Zonr feet. It should remain a clear and `„,.„2.- e, ' convenient passage route. #, *; I- The typical width of the Furniture / '` - Tree Zone should be 8 feet. The Furniture / Tree Zone may contain street trees and other plant ”"'' ,k . �`' material, lighting, seating, trash >receptacles, public art, bike racks, �,, traffic signage, and utilityaccess. If - y " there is adequate width, trees should be placed in 8-foot tree wells. When adjacent to ground-level retail uses, �� + s.-� the Frontage Zone should be primarily 1 ,':4, 4.p. hardscape (concrete; brick; pavers; etc. as •, . permitted by City Public Works Standards). 1..- --�_ 0 Ai i 1.111111 Where permitted by the CBC District - ;>" mum regulations and the City Code, outdoor " as, dining areas are appropriate within the - - r "' Frontage Zone. In all cases, however, a .---- -'" minimum 6-foot wide continuous path of r travel must be maintained. 1 t::: . . V - — Page 2-3/CBC District Design Guidelines January 2011Amended October 2016 EZETS atm To provide for the privacy of residents, ,.. algliing residential units with individual entries on • ;' 1 -V the street adjacent to the Frontage Zone . .� ideally should be set back to the maximum -._. '} `build-to' depth allowed by the District 3 K ~ regulations. The setback area should be ,,i ",(.'` ,, planted and may also include walkways, '' ' f "-imp m '� .i porches, raised planters, solid walls to a •- ` r ' maximum of 3 feet high above sidewalk r, ,;:-; :iiiililj #' - yr _ elevation, and `transparent' fences (e.g., 0.�'' l . „ ut wrought-iron, tubular steel) to a maximum ..♦ Illi I . height of 3 feet above sidewalk elevation. • . # ;;' Page 2-4 /CBC District Design Guidelines January4Amended October 2016 Buildings 3 The relationship of buildings to the public and private spaces around them is critical to the overall success of the Central Business Core District. Building placement, massing, and appearance define this relationship. Each building's architectural style, form, rhythm of bays and openings, architectural details, exterior materials, textures, and color work together to provide an environment that encourages pedestrians to linger and experience everything around them. Design elements such as windows, awnings, canopies, seating, and the extension of interior uses, such as dining, into the sidewalk area create an active street environment that makes for a great urban place. The street is often described by urban designers as "a Placement large outdoor room." The ability to shape this room exists on every street, and its walls are defined by the primary facades of its buildings, which create a street wall. The proximity of the building to the street (placement) and the continuity of buildings placed along the street create the street wall, which is one of the most important components of an urban area. To maintain a consistent street wall, avoid ':14. large gaps between buildings, unless the M f 3 area is used for outdoor amenity space, 1 - �, such as a plaza or forecourt. 3 r ti), i — ff el— is. e. . ,, a�. a....: „.; .tie e!! :;..,.. R, it i i , Page 3-1/CBC District Design Guidelines January 2011Amended October 2016 INGS High rise buildings (buildings greater than , ten stories) should be set back at the ground floor to the minimum build-to line . : "' = sa and/or stepped back with increasing " heights. Setbacks and stepbacks help i!!�1 .. - maintain an adequateprovision of light, air, 1 _nit � 9 g avoid and views at the street. 4_ j .II ma 7f L! I How building mass is distributed on a site usually has the Mas greatest impact on a project's overall appearance and on the strength of the street wall. Breaking the footprint of a large building into smaller parts and varying a building's height through the creation of smaller structures or facades is a valuable concept when designing large projects that consume half a block or more. Sculpting a building's massing can also help avoid big bulky structures that result in visual monotony rather than visual interest. It is the well-balanced variety of building massing and textures of shadow, light, and material that, in total, add to the richness of the District's built environment. Break large projects into a series of , a, )'1 41144 appropriately scaled buildings so that — no building has a width above the 5th Floor ` ;t; elk I. •,.6 that is more than 250 feet. . � '_or ; s , 4. Buildings and additions should be designed l� , - so the mass of the first 3 floors is ■����� proportionate to the street. Because the 11.1! .. I!! a BO MI INfirst 3 floors are closest to the street and In S. II II thus interact most directly with passing IN IIIII re-- pedestrians and vehicles, it is there that 41(‘‘,;=s,;:: :: the scale and proportion are the most 4, It ,-- r. - critical. F � ;■. .� . . I • I�� _ I Page 3-2 /CBC District Design Guidelines January 2014Amended October 2016 BUILDINGS 3 Building towers greatly affect the appearance of the overall skyline. The proportion of height to width is critical to i avoid the `monolithic block' appearance. - -^ Reducing the bulk of the top of a tower A r ►luaiii . ("sculpting" the tower) can make it more attractive. =�- ��` • 41t1 1111; ; ' b. a� 3 j f - • • Y [' • Towers should have slender massing and sound proportions: 011%1' Towers should have their massing designed to reduce overall bulk and to appear slender. Towers may extend directly up I from the property line at the street and are not required to be setback. Tower siting and massing should maintain key views to important natural and man-made features. Tapering / Tower tapers gracefully towards the sky to appear thinnest at top. Page 3-3/CBC District Design Guidelines January 2014Amended October 2016 INGS InTower forms should appear simple yet elegant, and add an endearing sculptural form to the skyline. + Towers should be designed to achieve a simple faceted geometry (employing varied floor plans), and exhibit big, simple moves. They should not appear overwrought or to have over-manipulated elements. A building's top should be delineated with a change of detail and meet the sky with a thinner form, or tapered overhang. If a project has more than one `Engaged' Top / Tower as a set of engaged tower, they should be masses that form a sculptural top. complementary to each other and employ the same architectural design approach. Face: des 11111Facades of buildings that face the street 1 should incorporate human-scale detailing through the use of reveals, belt courses, cornices, overhangs, light fixtures, I i, expression of structural or architectural tr bays, recessed windows or doors, material - or material module changes, color and/or I1112 texture differences, or strongly expressed • „i mullions. ROW Encroachments — Decorative architectural features like those listed above that encroach into the public right- of-way may be permitted administratively if they comply with all applicable design guidelines. See Sec. 33-114.3 of the City Code. Page 3-4 /CBC District Design Guidelines January 2011.Amended October 2016 BUILDINGS 3 • All sides of a building should be 39 ,i - continuous in design. No side should be + 1,��-. unimproved. All architectural details, such ..:i.,' ' E �L as roof lines and parapets, should continue around all sides of a structure. ii•` s -,,•y ,i . yy Hees R t Canopies, awnings, and similar features along the facades of buildings are encouraged to add interest and 1 .•w �. ' articulation to the streetscape. Such features may be constructed of rigid or flexible material should be designed to -; " } complement the streetscape of the area 'k $, and should be sized and placed so as to be i ,■ 1 A, rffi proportionate with other features on the y dI� li facade. The shape, design, and color of -�'- such features should coordinate with the color and style of the building facade to which the feature is affixed. No such feature should may interfere with the growth or maintenance of street trees or the lighting of the sidewalk. A minimum overhead clearance of at least 8' 6"8' from the sidewalk—ground shell-Id-must be 4/. . maintained. ROW Encroachments —Awnings, canopies, and similar features that - encroach into the public right-of-way may be permitted administratively if they comply with all applicable design 1 --"1" In111.11 xi 1i guidelines. See Sec. 33-114.3 of the City 1 pi-�'. T Code. -1r�? moi _ .' ' � ' Mil 1 Page 3-5/CBC District Design Guidelines January 2014Amended October 2016 IIIMNGS 11131Buildings with frontage at the intersection of two streets should provide a building I ) entrance at the corner to enhance activity at the intersection. In lieu of providing s— such an entrance, enhancement of the €' building at the intersection is encouraged ._ through additional building mass, distinctive architectural elements, different ; building materials, changes in building �' planes, or changes in building shape. '` . inThe primary entrances should be oriented - - ---1 n to the sidewalk and the primary1 _-- pedestrian ways. If a courtyard is part of ,T.,, ,__;:, ,., a.t , the overall design, an entrance may be located on it as well. Entrances can also I .f _r be better defined by varying pavement ®I "i�� , ;ill i ■I treatments. i Y I 3 k .. Building entries may be recessed to emphasize the entrance, increase window 11/111 display area, and provide a sheltered transition to the interior. Building entrances should provide shade from the sun and weather protection for pedestrians. This " - may involve overhangs, arcades, <" roofs, porches, alcoves, porticos, - awnings, or any combination of these features. „ 1 -! The entry to a store or restaurant unit should be centered on the ' ` .: facade and be highly `transparent.' Solid doors are discouraged. --...: -1ti .. Page 3-6 /CBC District Design Guidelines 'a, TAmended October 2016 Materials Feature long-lived and sustainable .- 3.14 materials, including brick, stone, tinted and ,= i i textured concrete masonry, and glass. EIFS should not be used below the second }: floor elevation except when used as :, =,1" ; . soffits. The material palette should ..-,t provide variety, reinforce massing and "'` changes in the horizontal or vertical plane. '_ i_-- "K"": s; 1r— y c , cot,eww style and builahng .f 1 matvsbls oPPedpnaco,w 11°ti sensedpemanenae f ✓ I ' siy3e o1 She hudiima s.. 11j {t ■ r--_- Employ a different architectural treatment 111.1 at the pedestrian level (first I to 3 floors) .a r ' than on the upper floors, and feature high- ' quality materials that add scale, texture, I If and variety at the pedestrian level. rrte�, .:i'7 g 11 ��t�-i I:1 s 1 1 hi Page 3-7/CBC District Design Guidelines January 2014Amended October 2016 IMIIINGS An identifiable break should be provided Main between a building's retail floors (ground level and, in some cases, 2nd and {. 3rd floors) and upper floors. r This break may consist of a change in '± material, change in fenestration, or f similar means. . r I, ! I1 1 / Ground floor / Differentiate ground V retail provides �/ floors from upper pedestrian scale floors through architectural features MNTo add variety and visual interest, the /- utilization of`layering' of materials and / cplate olor and massichangeisreiatengchangesdtofloor colors on the exterior of a building is j-- r'`� important. Layering should be used in - �- al % Inset windows and sill detail relationshipto the building's structural I %; g �♦ ri .l roe Transparency at inset comers elements. Lir• N �0' 5. capture views and provide rinI P 1 another visual layer �/!+. �j/ Change o/buddmg detail 11 !!!! '" II and maleriel5 et base rrl �,11 ■ I AiIlni i iil Page 3-8 /CBC District Design Guidelines January 2014Amended October 2016 BUILDINGS 3 - s'i`c-�"6-n,. e.. , ,':•_: Exterior building lighting can accentuate ' '' 04,',-"k"-''' the building design and the overall ambiance of the area by using the following techniques: ,, Highlighting architectural details :�. �. -� and features with lighting . �' integrated into the building design. ,.. �" " Facade lighting not resulting in '�` 1 excessive light and glare. ;r, i Use of lighting that promotes 3 l I energy conservation and efficiency. - i' • LIll, Safety is encouraged through the ___ use of"white" light (LED and A variety of lighting types(wall lights,sconce lights, fluorescents, rather than high- and downlights)that are appropriate to the design of pressure sodium). the facade as well as to their function. Each project should develop a system or family of lighting with layers that contribute to the night-time experience, including fa4ade uplighting, sign and display window illumination, �'' �.�, landscape, and streetscape lighting. r 4i.44411. 1t � , Integrate security lighting into theit _,, - 4a '114151411 ,1----$,- architectural and landscape lighting 4-,,,v., system. Security lighting should not be distinguishable from the project's overall lighting system. Page 3-9/CBC District Design Guidelines January 2014Amended October 2016 INGS KM Exterior lighting shall be shielded to frovi_ UMW reduce glare and eliminate light being cast into the night sky. —* t ROW Encroachments — Building- mounted light fixtures that encroach into ; the public right-of-way may be permitted �, administratively if they meet all applicable design guidelines. See Sec. 33-114.3 of the City Code. Mechanical Equipment and Service Areas 11111Ground level mechanical equipment that 1 cannot be located inside the building should be screened with an enclosure or structure incorporated into the main building. The design, materials, and colors ger - „,,,,e11mei ,,,m,,,,,, should be complementary with the main building. Rooftop mechanical equipment (including • elevator rooms) should be screened so as to be `invisible' from the ground adjacent - to the building as well as from approaches ---- __ to the building. Horizontal (flat) roof °""`- i■�® forms should be screened by extensions iii061 F of the building wall planes (parapet). ' R .�. �� Loading and trash collection areas should be concealed from view to the greatest extent possible and are ideally located n �” inside the building. Access to these areas " . should be minimized and arranged so that maneuvering is avoided on public streets. A vertical clearance of at least 14 feet is recommended. Page 3-10 /CBC District Design Guidelines llAmended October 2016 BUILDINGS 3 Par ing Structures Traditionally, the design of parking structures takes a secondary position to the development of larger projects. Parking structures are often treated as nothing more than buildings having the sole function of providing a place for people to park their cars and not as an integral part of the design fabric of the locale. The following guidelines are intended to encourage parking structures that are integrated into the desired design fabric of the CBC District and the immediate area in which they are located, so that ultimately, parking structures will be viewed as long-term, quality amenities to the city and not as utilitarian 'quick-fixes' for a parking problem. The exterior facade should maintain a horizontal line throughout. The sloping _:. " nature of the interior structure, necessary L 11 �� iiii u1 III IP in the design of parking structures, should NI rr UM NU UM MU NU■■■ US SU U H rrr rir UV iii iii■■■ US US not be repeated on the exterior facade. U iii ID in w iii in Ni Nr U Ir ill ■ii MI ii P Iii Iii an iN ■ III UP Iii ill 1111 NAv.. III SIP UM lit v al The height and mass of the structure should be consistent with the urban design fabric within which the structure is to be located (e.g., a 7 story parking ,_ structure should not be situated in an - of area that consists of primarily 2 to 3 .. 4S�` story structures). a, = gel • a.�i:.e- 5 .. : �r Parking structures should have an • external `skin' designed to improve the building's appearance over the basic ; concrete structure of ramps, wallsy' and columns. This can include heavy-gage metal screen, pre-cast concrete 41 I i • t , i. panels, laminated glass or photovoltaic . . —" = INGS Erg Parking structures should integrate IWO sustainable design features such ,,,•-' i as photovoltaic panels (especially on the top parking deck), renewable , '*"11 materials with proven longevity, and �_ ;i °I i!.-{1., stormwater treatment wherever , -;111;,. ,.,°,,, 1 i possible. ' , , " 11.► ,l ;1,, . 1„' (tt lil °.JP- ,Jll_ i I�jli*l iO4i lilt 1 4 _ Fe Erg Pedestrian access to and from a parking 11.114111 structure should be well-defined and , AMIE attractive. Vertical circulation cores ` (elevator and stairs) should be located on l;- the primary pedestrian corners and be " highlighted architecturally so visitors n can easily find and access these entry ''' ti points. Directional signs should be provided at internal exits to identify streets and help orient pedestrians as they exit the parking facility. Proper security is an important aspect of 3.30 parking structure operations. A safe, secure environment for patrons, employees, and vehicles is critical. t iii Adequate security measures should be an i yy¢¢r i 1 integral part of the design. The overall ' e 001,0 rWit' 1111 design of the structure should be such ; A Ill♦l 'lrt4 Illk s 10 vitier, -'„..mb. itilki.r.z that it provides for easy surveillance from ""AP ,, . l is vas,,, jib 1, _ , the street. The proper placement and ` a, , .r.:. ilit Mita a design of windows, lighting, and 44' =? AiHI Mill j 4 °*_ landscaping increases the ability for police w and others to observe intruders and maximizes the potential to deter crime. Page 3-12 /CBC District Design Guidelines January 2014Amended October 2016 BUILDINGS 3 Elevators - Elevators should be N. located along the exterior111111111 periphery of the building, ;'-.- preferably on a street side and grall' -_ oriented so that the elevator -111111 lobby is visible from the street at , each level. The back of the elevator cab and shaft should be — made of glass or other similar transparent material that will 11, allow maximum surveillance from the exterior. Stairways - As with elevators, stairways should be located along the exterior periphery of the building, preferably on a street �n side and oriented so that the stairway is visible from the street at each level. Glass or a similar transparent material should be used to allow visibility. Access -Pedestrian access into and out of the building should be channeled thorough only one or two points to allow surveillance either by a cashier or a remote television camera. Page 3-13/CBC District Design Guidelines January 2014Amended October 2016 Outs oor Ame ities 4 With the higher densities found in urban locales, Outdoor Spaces outdoor open space is at a premium. The public, semi- public, and private outdoor spaces around a building are instrumental in determining the success of a use at a particular location. Often it is these spaces that act as the transition between the use and the public domain of the street and sidewalk. The types of amenities placed in these spaces and the landscape plantings selected to define and accent them should promote and assist in this transition. Private outdoor spaces are also important, especially for developments with residential uses. Sidewalk Cafes . ' ¢¢ 4.1 .. .. ' Outdoor spaces and amenities are 1'I encouraged at the street level in order to _ , '' enliven the sidewalk for shoppers, ,r, Ina A employees, and residents. Depending on ,,'. 'L �i ( '_ the amount of pedestrian traffic, a minimum 6 to 8 feet of clearance should ' -- i"'" .���� �-- _ ..., - be maintained in the "Pedestrian/ 4. ,11101 Movement" zone of the sidewalk. �-=a 4.2 Entry Forecourts Entry forecourts announce the function 4 and importance of primary building entrances. They should provide a clear, f comfortable transition between4.011111411 and interior space. F • I =•> 4 rh `IiiVi I }. Page 4-1/CBC District Design Guidelines January 2011Amended October 2016 OUT I OOR 4 AM:NITIES 4.3 Courtyards Courtyards are fully or partially enclosed ,r outdoor spaces that are conducive to �_� . _ a ; ' smaller, more private social interactions. - _ MEz leg ice.. - .. ._ s G m / / r. y to s .'x}`05 `r . • ' _ ;. 1' .�_ ,. Mtom". . 4.4 Plazas Plazas are common open space areas typically amenable to larger public gatherings. They are readily accessible from the street and nearby buildings. : r ` ' 4‘„,, ;; �:.: ." 5 - bE fir S 24‘,',-;',W, -2:-.e7 „ , 41 OfrI I► / -. 5 `' '<` t Y `..; :-I'''lliriL'4 " ; PSN• .. 1�� 3' ::-- 1 A t 1.. Page 4-2 /CBC District Design Guidelines January 2014Amended October 2016 OUTDOOR A AMENI IES "r 4.5 Corner Plazas 's �I r o rr- The corner of a block where a building _ f entrance is oriented to the corner is often conducive to an outdoor plaza. Corner i ,,, plazas should be appropriate in scale and17111 .�: in the amenities they provide (intimate for -- , residential, more open for commercial). , 4.6 Parks Parks can take many forms in urban areas. Large or small, green or hardscape, active " misms or passive, urban parks improve the quality of life for residents and visitors of the District. New York's High Line Park transformed an abandoned elevated rail line into a wildly popular park. 4 Rooftop Spaces Rooftops can take advantage of otherwise wasted space in dense urban areas where ground level space is at a premium. At I; AI,.7 Rooftops are often the forgotten fifth side ' •.�� of a building and are visible from surrounding taller buildings. Improving rooftops with plantings, seating, and other €r amenities greatly enhances views from An outdoor gathering space on a rooftop in New York above and provides valuable outdoor City. amenity space. The character, personality and spirit of a city is often conveyed most Public Art vividly through its arts and culture. As a relatively young city, Virginia Beach has not yet developed a landscape of significant public art. It is vital, therefore, to continue the efforts begun at Town Center, which has been designated as an Arts & Cultural District. In order to integrate public art in the overall vision of each project's architecture, landscape, and open space design, the artist should be incorporated into the design team early in the process. Use of the following goals will assist in integrating art into the landscape: Page 4-3/CBC District Design Guidelines 14Amended October 2016 OUT'OOR 4 AM:NITIES Artistic excellence/Aim for the highest aesthetic standards by enabling artists to create original and sustainable artwork, with attention to design, materials, construction, and location, and in keeping with the best practices in maintenance and conservation. 4) Image/Generate visual interest by creating focal points, meeting places, modifiers or definers that will enhance the area's image locally, regionally, and nationally. • Authentic Sense of Place /Enliven and enhance the unique quality of Downtown's diverse visual and cultural environments. Provide meaningful opportunities for communities to participate in cultural planning, and a means for citizens to identify with each other through arts and culture in common areas. 4' Cultural Literacy / Foster common currency for social and economic exchange between residents, and attract visitors by ensuring that they have access to visual `clues' that will help them navigate and embrace a potentially unfamiliar environment. This can be achieved through promotional materials and tours as well as artwork. :: Responsiveness /Without formally injecting art into the early stages of the planning process for each new development, it will either be left out, or appear out of sync with the overall growth of the built environment. •1000 e40Ir ` :040 O 001 00 • �. i. • Veterans'Memorial at Virginia Beach's _ 4 Convention Center. Heron Fountain at Virginia King Neptune on the boardwalk at Beach's Town Center. 31st St.in Virginia Beach. Page 4-4 /CBC District Design Guidelines January 2014Amended October 2016 OUTDO*R AMENI IES 4 ,� I de , '1111110011 w « fir`% d tai w /' v r -14 ', f , )4 . • -.fat . . r -r.r ,, "The Kiss"in Virginia Beach's Town Center. ill& --414,--f. aiii "Wings"is a large-scale kinetic sculpture outside of the Sandler Center in Virginia Beach's Town Center. y ..1/ k li ii { Is . .' . I A ,,l "Sway'd"was a tem, interactive public art display installed on a vacant lot in Salt Lake City,UT. Page 4-5/CBC District Design Guidelines 4a4N4a41-2-0-1-4Amended October 2016 OUTIOOR 4 AM:NITIES II ,..e.r . a • ., 114 :* 1. . ,N .i y. 1 � $ 4. i s, .....0 ,, . . t I' `•I "Cloud Gate"reflects Chicago's famous skyline and the clouds above. mar :i { 4 3 L • 444I''''' ''''a t#xi1 ! lett} Crown Fountain in Chicago's Millennium Pork projects images of the faces of Chicago's citizens. During the warmer months,a fountain shoots water from the tower into reflecting pools,giving the appearance that the faces are spouting the water from their mouths. Page 4-6 /CBC District Design Guidelines January 2011Amended October 2016 Si:110 Signs are one of the most noticeable visual elements of any urban area. Not only do signs communicate information about the goods or services being offered at a particular establishment, they also communicate something about the quality of the particular business and contribute to the image of the City area as a whole. Well-designed signs that communicate their message clearly, but without attempting to compete for attention, will help maintain a quality visual environment in the Central Business Core District. Ap • licability The Design Guidelines in this chapter can be applied to all new signage, including replacements of existing signs, within the Central Business Core District. Except for signs such as hanging - , - . .. - :- . . . _ - -: :- that encroach into the public right-of-ways the Design Guidelines listed below as "Encouraged" are not mandatory requirements, but are voluntary standards for sizing, designing, and locating signs within the District. The Design . _ -: - . "._ . " : _- . : . - the following section. Finally, tThe Design Guidelines supplement, but do not supersede, the mandatory requirements for signs that are set forth in Article 2, Part B and Article 22, Part C of the City Zoning Ordinance an�'Q., i- is 22, Part C and are listed below as "Required.".- ROW Encroachments — Signs that encroach into the public right-of-way may be permitted administratively if they comply with all applicable design guidelines. See Sec. 33-114.3 of the City Code. DV • The Design Guidelines provide a means by which a business or other establishment can have its overall app arancc. Section 2210 of the City Zoning Ordinance allows extra ("bonus") signage where all of the signage displayed by a business or other type of establishment conforms Page 5-1/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS to these Dcsign Guidelines. In addition, certain types of signs arc not included in determining an establishment's sign allowance if they conform to the Design Guidelines. Even if all signage does not conform to the Design Guidelines, it qualifies for bonus signage treatment if the City Council determines that it meets the Alternative Compliance Review Standards set forth in Section 2205. General Guidelines 1111 Materials Encouraged Materials should be durable and capable of ''! ' _ Boeeac withstanding wind, rain, and direct sun 1 o y y r ilk" without undue weathering. Except when1 a. r. Jet used for banners a --or awning signs, '' g Q cloth or soft ,--rplastic flexible materials are N. ', I not a suitablematerial for exterior use. t'vsR�'�� " Cf� Signs should be made of materials that are -----)..,";01(5C- ee 7 y compatible with and complementary to 01;11 the architectural design of the building facade. Page 5-2 /CBC District Design Guidelines 2O ^^Amended October 2016 SIGIZI 11111 Proportionality = r EncouragedI Signs should not dominate the building QSMOP O L I T A N facade on which they are located. The size, scale, and shape of a sign should be 111 appropriate to the facade or other building , feature, such as a window. Achieving this 6-1 I — # • objective is not accomplished merely by a �" .. -, sign's conforming to the maximum size I I. requirements of Article 22, Part C, as it is Primary building name sign and address sign are well- entirely possible for a sign that is allowed proportioned to each other and to the building. to be of a certain size to look out of proportion (too large or too small) to its 7 _ location. f+ x1�` :y II" 9,' , Proportionality refers not only to the size, .,m ft. NIEXI[ANt scale, and shape of a single sign, but to all of ""'mak ` the signage on a particular building. A building facade may appear to be n: overwhelmed by too many signs, even if ,- 0•4‘each individual sign is, by itself, perfectly proportional to the building facade on ,' which it is located. Similarly, if signs are i placed too closely to each other, they all compete for attention (a phenomenon Multiple signs and information are competing for known as "shouting"). Rather, the attention and'shouting� 'at the viewer. placement of multiple signs should be such that the eye is drawn to only one sign at a time. EMI Integration " Encouraged Where a business has more than one sign, 11}t all signs should be designed to be kit compatible with each other in terms of � � materials, color, lettering style and logo Jji usage. Multiple signs for a single enterprise are more effective visually when they are coordinated. A good example of sign integration,with each Signs should be placed so as not to obscure sign compatible to the others as well as with the or visually overwhelm architectural facade. features of a building. Notable building Page 5-3/CBC District Design Guidelines January 2011Amended October 2016 eNS elements should be allowed to stand out without distraction from oversized or too much signage on or near such building elements, or from signage that is oddly shaped or colored in such manner as to clash with nearby building elements. Design elements of a building, such as window patterns, are helpful in determining the shape of signage for that building. 4 F"[ - Pe UTE Signs should be designed with regard for, and to integrate with, the architectural • style, historical significance, and/or inherent , character of the building. Signs should fit / s, on a building as if they were one of its architectural elements. Signs should enhance the primary design elements or This sign lacks integration within itself and with the building. The lettering and colors on the sign unique architectural features of the are not coordinated,and the box sign is a building. Particularly with older buildings, separate structure attached to the building with no regard for the architectural elements and style extreme care should be taken not to of the building. obscure, damage, or otherwise interfere with design details and architectural features that contribute to the building's character. Signage should be compatible not only with the building on which it is located, but with the scale and character of other signage in the immediate vicinity. 5.4 Legibility Encouraged Messages on signs should be brief. A sign with a succinct message is easier to read, looks cleaner, and is more attractive because it is not cluttered. Business hours, telephone numbers, sales information, listings of goods or services (except as indicated in the name of the business), brand names carried, and credit cards accepted, should not be included on Page 5-4 /CBC District Design Guidelines January 2014Amended October 2016 SIGM a business's primary sign. _______,........... 01 i1 Words and lettering should be properly spaced. If they are too close together, the _ message will be more difficult to read. -. . ,-`� Spacing them too far apart causes the i v viewer to read each item individually, which also obscures the message. ' i j - Lettering and graphic elements such as ' logos should not be placed so as to make r the sign difficult to read. This guideline w does not prevent lettering and graphic f a k elements from overlapping, so long as the . overall message remains clearly legible. Lettering and logos should not occupy The lettering and graphic elements of this sign are more than 75% of the sign face. At the placed and sized such that the message is easy to same time, large areas of blank space read. convey no message and the overall size of the sign can be reduced. The number of lettering styles on a sign should be limited, as a general guideline, toon»r .. , no more than two for small signs or three """'2'` "°^"m"°"""i for larger ones. - Backgrounds should be avoided, but when necessary, should blend with the building facade. There should be ample-sufficient Too much information and lack of integration make contrast between the background and the this sign difficult to read. message to enable the sign to be read easily. Page 5-5/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS III Color AI Encouraged I a r Colors that are complementary, yet good contrast with one another, " Provide .• �a - �fi �" should be used, and excessive and uncoordinated use of colors avoided. The wFRY most effective graphics are produced when0 light colored letters and images are placed R on a dark, contrasting colored background p or vice-versa. The colors used for the components of this sign provide good contrast,improving legibility. The number of distinct colors on a sign, exclusive of different shades of the same color, should be limited to no more than three. Colors should complement the materials or paint scheme of the buildings, including accent and trim colors. Bright "day-glo" colors should generally be avoided, as they are distracting and do not blend well with other background colors. lel Illumination source of light, as opposed to internally because the sign will appear to be better integrated with the building's architecture. wok should cast direct light only on the sign and Az a portion of the facade immediately D F H adjacent to the sign so as to emphasize the continuity of the building's surface and the 91 ..'.. ~ affixed to it Required Light sources should must be directed toward the sign and she shall not shine into adjacent property or cause glare for motorists and pedestrians. Page 5-6 /CBC District Design Guidelines January 2014Amended October 2016 MGM Encouraged z*- •_ - • - -- _. .External fixtures should be small and unobtrusive. Oversized light fixtures that are out of scale with the sign and structure should be lJ avoided. backlit solid Icttcrs (rcvcrsc channcl), arc prcfcrablc to r i i Signs should be illuminated only at the minimum level to ensure readability at night. Sp - cific Sign Types 111111 Awning Signs Required Allowance I' and 2' story awnings only Number (max) I per awning Area (max) 2 sf Horizontal extension (max) 3' Vertical clearance (min) 8' Illumination External only Encouraged The shape, design, and color of awning signs should coordinate with the color and style of the awning and building facade to which the awning is affixed. Page 5-7/CBC District Design Guidelines January-2044Amended October 2016 5 SIGNS Awnings should conform to the applicable design guidelines referenced in Ch. 3 of this document. In lieu of wall signs: Allowance Ground story establishments with no wall sign Area (max) I sf per linear foot of building frontage Number (max) I per establishment per building facade Awning signs greater than 2 sf permitted in lieu of wall signs must comply with applicable design guidelines in Sections 5.1-5.6 and above. The shape, design, and color of awning signs should coordinate with the color façade tr .hich the affxed a. f 1 ./ name of the business or a small logo or an integration logo or an STOP 113111 6 Banner Signs Required Allowance Buildings 32' or greater in height Horizontal extension (max) 5' Placement height (min/max) 15' min clearance and no higher than top of building facade Illumination External only Securely mounted perpendicularly to vertical building wall Consistent size, shape, style, and mounting hardware on each building facade All banner signs must comply with applicable design guidelines in Chapter 3, general design guidelines in Sections 5.1-5.6 and above. Page 5-8 /CBC District Design Guidelines Jacm.a4=y-2014Amended October 2016 SIC! or other graphic elements should bex limited to one color that _ _ ! _ As banner signs arc required to be a © ' minimum of fifteen feet above ground _ level and no greater than eight square feet in area, words or graphics should be limited to either the name of the s { • _. _ ; r order to remain legible. Ell " Building Identification Crown Signs Required Allowance/Number (max) Buildings 32' high or greater/2 per buildin *Buildings 52' high or greater/4 per building Placement height (min) Upper 25% of building facade and no higher than top of building façade Size (max) Based on building Horizontal height extension (max) 75 sf <75' I' 100 sf 75'-99' 2' 125 sf 100'-I49' 2' 175 sf 150'-I99' 3' 250 sf 200' or more 3' Illumination Internal or external Cabinet signs are not permitted. *Buildings with more than 2 crown signs must comply with applicable design guidelines in Sections 5.1-5.6 and below. Page 5-9/CBC District Design Guidelines January 2011Amended October 2016 SNS These signs arc one of the visual signatures of a building and arc probably the largest sign on the Encouraged (Required for buildings with more than two , crown signs) Building crown signs should be carefully designed and located so as to promote readability, proportionality, L� r' and integration. '` ■ % III Signs should be located where architectural features or details suggest a location, size, or shape for the sign. Raceways are discouraged, but when necessary, should not exceed 25% of sign height and should blend with the building facade. Backgrounds are discouraged, but when necessary, should blend with the building facade. Such sSigns should be illuminated in such manner as to reflect that the sign is one feature of the building facade rather than the focal point of the entire facade. Box style signs arc strongly discouraged. Page 5-10 /CBC District Design Guidelines January 2014Amended October 2016 SI MN Canopy Signs Required Allowance Ground story establishments only Number (max) I per canopy Height (max) 2' Depth (max) I' Area (max) 2 sf Horizontal extension (max) 3' Vertical clearance (min) 8' Illumination Internal or external Cabinet signs are not permitted Encouraged The design, color and materials of canopy signs should coordinate with the canopy and building facade to which the canopy is affixed. Canopies should conform to the . applicable design guidelines referenced in Ch. 3 of this document. In lieu of wall signs:: Allowance Ground story establishments with no wall sign Area (max) I sf per linear foot of building frontage Number (max) I per establishment per building facade Canopy signs greater than 2 sf permitted in lieu of wall signs must comply with applicable design guidelines in Sections 5.1-5.6 and above. Page 5-11/CBC District Design lan-uafy-20-1-4Amended October 2016 5 SIGNS 51111111' Freestanding Signs Required Allowance City Council approval only, unless replacing existing freestanding sign (see Sec. 215(c)) Cabinet signs are not permitted. Freestanding signs should be ' characteristics: -4 17* sib! a. The width of the base docs not cxcccd twice the height of the extend more than one foot beyond either outside edge of the face of the sign; b—The height of the base is between 18 inches and four feet; and c. The maximum height of the sign, docs not cxcccd eight feet. Encouraged same geometric type (c.g. rectangular/rectangular, not square / circular). Page 5-12 /CBC District Design Guidelines January 2014Amended October 2016 SI Landscaping should meet or exceed the applicable standards set forth in the City Zoning Ordinance and , Landscaping Guide. Freestanding Ssigns should be constructed out of materials that complement the building structure and design. Backgrounds should be opaque and of a non-reflective material. Freestanding signs that arc externally _ _ backlit letters, arc encouraged over Freestanding monument signs should be placed so as to be perpendicular to ' =� :' z the street. - .,� ,V f , �� L p , I._ . .'..aty 1 OFFICE PARK MUM Page 5-13/CBC District Design Guidelines January 201lAmended October 2016 5 SIGNS Hanging Signs Required Allowance Ground story establishments only Number (max) I per establishment per building facade Area (max) 9 sf Horizontal extension (max) 3' Vertical clearance (min) 8' Illumination External only Establishments may have either one hanging sign or one projecting sign for each building facade. Sign may have a maximum of two faces, which must be parallel. Cabinet signs are not permitted. Page 5-14 /CBC District Design Guidelines January 2011Amended October 2016 siGZI Encouraged I 'I, Hanging signs should be oriented automobiles or pedestrians on the other side of the street. JOHNSTON&MURPHY . - Hanging signs should have two finished a r' sides that are the same on both sides. r_ ;••• Signs with visually interesting elements, ----, xµ - - such as square or rectangular shapes � � M with painted or applied letters, two or three dimensional symbols or icons, irregular outlines, and/or internal cut- outs, are encouraged. Mounting hardware for hanging signs should be attractive and an integral part of the sign design. Metal brackets with decorative and complex shapes are encouraged where appropriate to i ...z-Z _ _ add to the character of the building. 1ft ,vlai,o,„ 9 ` V ,Y3 Hanging signs should not cover 4- architectural details of the building -,> /' r . facade and should be integrated with '`e µ, ' architectural facade elements. ` e ,a. ,a . 1 VF`'' sides that arc the same on both sides. the same facade. Informcm ation Board Signs Required Allowance Ground story establishments only Page 5-15/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS Number (max) I per building facade Lettering Height (max) 2" Horizontal extension (max) 6" Illumination Internal or external Must be placed in weather-resistant closed display cabinet. Encouraged Information board signs Signs should be placed in a location in which gob MENU illumination is sufficient without spot or other lighting specific to the ` *• • information board. If such placement is impractical, fluorescent, or other lighting sufficient only to illuminate the information board is acceptable. Information should be limited to basic - . ..___, facts about the uses in the building such as names of businesses, etc. of interest to potential patrons, such as menus-a-K4-review,— s-Signs and the display cabinets in which they are located should be appropriate in size, location, and design to the character I` and architectural detail of the building as well as to the character of the 11, "` - restaurantestablishment. Information board signs and the display cabinets in which they are Con to bA'" .- located should be constructed out of `—p` ll F- " 4111A materials that complement both the W.: __ building structure and its use. lial Marquee Signs Required Allowance Buildings occupied by theaters, cinemas, performing arts facilities or similar venues only Number (max) I per establishment per building facade Vertical clearance (min) 9' Page 5-16 /CBC District Design Guidelines January 2011Amended October 2016 SIGM Top of sign (max) 18' Illumination Internal or external Cabinet signs are not permitted. All marquee signs must comply with applicable design guidelines in Chapter 3, general design guidelines in Sections 5.1-5.6 and below. Marquee signs should be made of materials that are compatible with and complementary to the architectural design of the marquee itself. ,'':' P ::: �T►., The size of marquee signs should be A proportionate to the size of the face of l the marquee to which they are affixed. 3_ _"R.' ` A ' ' ' * '` . M A,' ` Marquee signs should display only the 4p_ 1 1 {.•1 on current and coming attractions, . f) such as movie titles, show times and '. similar things. � 'z , Lights framing marquee signs should .....0411.1' Oa , .' r' be of uniform size, shape, spacing, """"R = —t. .1,6 ' ."!- color and brightness and should be no � . f,R 1 4,\ y brighter than reasonably necessary toI S outline the marquee in keeping with the pedestrian-oriented nature of the District. 111111 Neon-Signs q E* S4 which they arc located, further care Or\ up c:::iL::) should be taken to ensure that neon- signs eonsigns arc designed so as not to appear kJ whether because of size, color, or 6414m." ) placement. lett-eFi-iig-is-en-eati-Faged: c off ee Page 5-17/CBC District Design Guidelines January 2014Amended October 2016 MINS Neon signs should be no brighter than read the message of the sign. Neon should not be used on historic bu+Idi ngs. mo Projecting Signs Required Allowance Ground story establishments only Number (max) I per building facade Area (max) 9 sf Horizontal extension (max) 3' Vertical clearance (min) 8' Illumination External only Establishments may have either one hanging sign or one projecting sign for each building façade. Sign may have a maximum of two faces, which must be parallel. Cabinet signs are not permitted. Encouraged Projecting signs should have twoV (, Ac . PAINTSAR finished sides that are the same on �� __ .> both sides. _.. 1 105 Signs with visually interesting elements, such as square or rectangular shapes with painted or applied letters, two or three dimensional symbols or icons, it I 1 irregular outlines, and/or internal cut- outs, are encouraged. ` . Sign supports and brackets should be f. compatible with the design and scale of the sign and the architectural design of the building. h Projecting signs should not cover ° i. _ architectural details of the building facade and should be integrated with architectural façade elements. , - i_ ,t....,rt y ,_a Projecting signs should not be used in _ $i same facade. Elk '- Page 5-18 /CBC District Design Guidelines January 2014Amended October 2016 SI Projecting signs should not be mounted above the second floor In lieu of wall signs: Allowance Ground story establishments only Area (max) I sf per linear foot of building facade Number (max) I per building facade Projecting signs greater than 9 sf permitted in lieu of wall signs must comply with applicable design guidelines in Sections 5.1-5.6 and above. Sandwieh-BeafdSidewalk signs Required Allowance Ground story establishments only Number (max) I sign per building facade Area (max) 6 sf Placement Directly in front of establishment Sidewalk horizontal clearance (min) 8' Material Framed in wood, wood composite or metal with a professional finish; incorporated insert with fixed message or chalkboard, dry erase board, or similar material Illumination Not permitted Design *Sandwich board/A-frame style (hinged at top) No merchandise or other material may be placed on or hung from sign. Sidewalk signs must not be left outside overnight. *Sidewalk signs that are not sandwich board/A-frame style (hinged at top) must comply with applicable design guidelines in Sections 5.1-5.6 and below. Page 5-19/CBC District Design Guidelines Amended October 2016 5 SIGNS Encouraged Removable letters such as is used in changeable copy signs arc not p `, L �' appropriate; (Lettering and graphic • elements on sidewalk signs should be =hod drawn by hand. 2O°Ok xn 1E� 79'OFF I* til,Fvctlrty6 c I Signs should be uncluttered and easily OFF UNE. c i f tt OFFWANE.NO.MEDIAt ,_ legible. —2.7.4:-.....- . . %ORF DFMC*mai F ' : specials, not otherwise readily available to passers by. Ili Table Umbrella Signs Required Number (max) 2 per umbrella Area (max) 2 sf Illumination Not permitted Encouraged , , Table umbrella signs should be of a single color that contrasts well with the background material of the umbrella. # ��1 ca\�Fo� rwe,PIZZA sr EN z, i li ""° OM&r, ,,,,. .. . . l 'Me 1 II �•- Wall Signs Ell Required Allowance l' and 2"d story establishments only Area (max) I sf per linear foot of building facade or 60 sf, whichever smaller Number (max) I per establishment per building facade Horizontal extension (max) I' Page 5-20 /CBC District Design Guidelines January 2014Amended October 2016 SI Placement height (max) No higher than building facade Illumination Internal or external Cabinet signs are not permitted. Encouraged Wall Ssigns should be located where architectural features or details suggest a location, size, or shape for the sign. The best location for a wall sign isIL01.41 generally a band or blank area between the first and second or second and third floors of a building under 45 feet 1, in height so as to maintain a pedestrian scale. To the extent possible, wall signs should be placed at a height consistent with that of wall signs on the same or adjacent buildings; if, however, such a placement would conflict with the l previous guideline regarding placement where architectural details suggest, the .-•® compliance with previous guideline is .,---- preferable. - /_�� a wall. Box style signs arc strongly - - EN3fAg2d, MI III MI 11111111/0 i Raceways are discouraged, but when necessary, should not exceed 25% of sign height and should blend with the building facade. Backgrounds are discouraged, but when necessary, should blend with building facade. Page 5-21/CBC District Design Guidelines January 2014Amended October 2016 5 SIGNS Window Signs 1111 Required Area (max) 10% of total window area Restrictions No oscillating lights, electronic displays, televisions, computer monitors Neon signs are only permitted in windows and must comply with applicable design guidelines in Sections 5.1-5.6 and below. Encouraged Window signs should allow 4:1- 11-1* pedestrians to see clearly into the establishment. i 'l Window signs should be limited to displaying the business name and/or brief messages identifying the type of product or service offered by the establishment Window signs should not compete with wall signs or other types of signage on the facade, but should complement the facade. Window signs should be designed so as not to appear incongruous in the window setting, whether because of size, color, or placement I`._. High-quality materials should be used. Paper, cardboard, and plastic signsajar_'41.144‘ ' hung in a window should be avoided. i �a , 1 4 111- Creative design of graphics and �� lettering is encouraged. Neon signs should be no brighter than necessary to allow passersby to easily read the message of the sign. In lieu of wall signs: Allocated area (max) I sf per linear foot of building facade Page 5-22 /CBC District Design Guidelines January 2014Amended October 2016 SIMI Number (max) I per establishment per building facade Window signs greater than 10% of window area permitted in lieu of wall signs must comply with applicable design guidelines in Sections 5.1-5.6 and above. Page 5-23/CBC District Design Guidelines January 2014Amended October 2016 Sustainability 6 Sustainable design and building practices can reduce pollution, save money, and enhance the quality of our built environment. Designed properly, many of these practices can serve multiple purposes, like managing stormwater while providing outdoor amenity space. Certification programs like Leadership in Energy and Environmental Design (LEED), EarthCraft, and the Sustainable SITES Initiative (SITES TM) are encouraged as they provide standards for assessing sustainable design and materials. However, even small, inexpensive features can go a long way to contributing to sustainable design. CIAlternative Modes of 5 Transportation Encouraging alternative modes of , ! transportation, including mass transit, bikes, 4ifir walking, and low or no-emission vehicles will contribute to improved air quality. This street in Portland Oregon accommodates pedestrians,bicyclists,transit riders,and motorists of all ages and abilities. Photo credits www nedhikeimages.org/Laura Sandt Bicycle Parking Bicycle parking should be installed near building entrances in safe, well-lit locations that are convenient for cyclists but not in w r the way of pedestrians. Bike racks can take 'A1 � many forms and should be designed with ✓ �. ' both form and function in mind. Some even double as public art. The"Tactil Bicycle Rack"gives a friendly wave to cyclists in Barcelona,Spain. Page 6-1/CBC District Design Guidelines January 2011Amended October 2016 6 SUSTAINABILITY Bioretention Areas 6.3 " sas ? Bioretention areas capture and treat stormwater runoff as it filters into the ground and replenishes groundwater. With appropriate plantings, these areas can enhance and soften the hardscape of the urban area. They can also take advantage of underutilized spaces, like road medians, parking lot islands, pavement edges, and courtyards. This"stormwater planter"in Portland,OR takes advantage of limited space by placing a soil filter in an above-ground container. 6.4 Blue Roofs To get both cooling and stormwater detention benefits, blue roofs use controls atop the roof's downspouts to detain rx~ stormwater runoff flow from the roof. The water is eventually released to a stormwater harvesting or infiltration system at a controlled flow rate. ,.: This blue roof system captures rainwater in gravel filled trays. 6.5 Building Materials Use building materials made from sustainable resources and manufacturing processes. College Park Elementary received Virginia's first LEED Platinum rating for a school. MI Charging Stations qmairwatainr Charging stations for electric vehicles will become more common • in the future. These can be designed as simply as a parking meter or come complete with solar A solar-powered charging An unobtrusive charging panels and a canopy for shelter. meter in Israel. station for plug-in vehicles. Page 6-2 /CBC District Design Guidelines January 2011Amended October 2016 SUSTAIN'BILITY 6 iim Cool Roofs • A simple way to save energy is to paint Ay. your rooftop with a reflective coating. By r\ii reflecting the sun's energy rather than absorbing it, rooftops can be more than -- =-: ` 25% more energy efficient and can offset � = the urban heat island effect caused by highIIIWiii.,,concentrations of dark surfaces. Cool roof r- . New York City's"°CoolRoofs Program"encourages coatings can also extend the life of a roof building owners to paint their roofs with a reflective by 5 to I 0 years. coating. ElGreen Roofs Green roofs are rooftop areas that are partially or completely covered with vegetation. Also known as living roofs, vegetated or planted roofs, rooftop gardens I -' 0 00 and rooftop parks, the benefits of green -- roofs are multi-fold. Planting these .u. overlooked surfaces can improve air ; .. quality, mitigate urban heat islands, provide ;w 40. outdoor amenity space, improve acoustic , ` -a.- insulation, and offer visual relief for .• **110110' ' neighboring buildings. Rooftops can even support urban agriculture. ,.. yvvr . #. „..., — -- -Aim It ----- Before and After:Eagle Street Farm is a 6,000 sq.ft.green fi roof organic vegetable farm atop a warehouse in -- Brooklyn,NY. Planted roof on building in downtown Portland,OR. Page 6-3/CBC District Design Guidelines January 2014 6 SUSTAINABILITY Native Plantings and Soils Using native plant and tree species along with soil restoration will boost the survivability of plants in a harsh, urban environment. These plant materials and 1q soils reduce runoff from otherwise impervious, compacted surfaces. Adequate soil volume is essential for healthy, long term sustainable growth for plant material. Streetscape plantings at Town Center. 6.10 Open Space Preservation Natural open space is even more important in urban areas because of its scarcity. In addition to providing relief from the urban hardscape, natural open space can provide valuable outdoor amenity space for walking, hiking, and biking, protect waterways from erosion and runoff, and increase urban tree canopy. In particular, natural features such as mature trees or treestands that provide urban tree canopy or riparian buffers that protect natural waterways should be preserved and enhanced. View of Town Center from Thalia Creek. Plant Walls Plant walls, also called "vertical gardens" or "living walls," can add visual interest to an otherwise blank wall or other area in need of screening while providing thermal and acoustic insulation and cleaning the air. Wall systems and plant materials should be t' carefully chosen to ensure survivability. ;we • Location, coverage, size, and design t- � L flexibility should all be carefully considered "Living"wall in Madrid,Spain adds beauty to an otherwise unsightly blank wall. when designing a plant wall. Page 6-4 /CBC District Design Guidelines January 2011FAmended October 2016 SUSTAIN,BILITY 6 pallil Rainwater 11111011101 Harvesting Harvested rainwater can be collected in rain barrels, cisterns, orr I*t..e` underground storage ' tanks and used for non- potable uses (plant . I1 irrigation, toilet flushing 4110a 0-,,,: v4 exterior washing, fire l w: for -i suppression, chilled water " - .440411114 cooling towers, and water This cistern at Whole Foods in Raleigh, NC Rooftop runoff irrigates a features). This method harvests rainwater for plant irrigation and toilet planting bed at Virginia flushing. Beach's Town Center. not only conserves potable water but also helps manage stormwater. 101111 Solar Panels r Solar panels can easily be integrated into , .,� �}'' . building design to provide a non-polluting r source of energy. I L ( ' -it..- I . -, ffAr' Solar panels on Renaissance Academy,a LEED Gold building. 6.14 Waste Reduction and Recycling Recycling programs should be incorporated ;. I m , . r into commercial and multi-family facilities so '' 1 _ _ 1 that recycling is easy and convenient for employees, customers and residents. 1 ‘ 4 / Waste and recycle bins at Town Center in Virginia Beach. Page 6-5/CBC District Design Guidelines January 2014 6 SUSTAI ABILITY CM Wind Turbines Although wind turbines are more successful .-- in open areas, wind energy can also be r harnessed above the rooftops in urban areas. .' ..r-•• 1 1 M ' Urban wind turbine in San Francisco,CA. Page 6-6 /CBC District Design Guidelines January 2014Amended October 2016 96 ITEM VI-L APPOINTMENTS ITEM#66459 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AGRICULTURAL ADVISORY COMMISSION GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PERSONNEL BOARD TOWING ADVISORY BOARD October 18, 2016 97 Item-VI-0 ADJOURNMENT ITEM#66460 Mayor William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 6:55 P.M. Amanda Finley-Barnes, MMC Chief Deputy City Clerk 411. ---0111111111; R th Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia October 18, 2016