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Home My WebLink AboutDECEMBER 6, 2016 MINUTES u e rO4 '2Q',} • ;Zi VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 6, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the CITY SERVICES BILL AFFORDABILITY AD HOC COMMITTEE in the City Council Chamber, Tuesday, December 6, 2016, at 4:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson Out of town 2 CITY COUNCIL'S BRIEFINGS CITY SERVICES BILL AFFORDABILITY AD HOC COMMITTEE ITEM#66549 4:00 P.M. Mayor Sessoms welcomed Christopher W Chope, Chair — City Services Bill Affordability Ad Hoc Committee. Mr. Chope expressed his appreciation to the City Council for their continued support: 0AtY� 3 City of Virginia Beach Report from the City Services Bill Affordability Ad Hoc Committee Council Member Shannon DS Kane Chairman Christopher W Chope Tuesday.December 6,2016 Below is the Background of the Ad Hoc Committee: M• f Background 1 • Formed in June in response to customer complaints • Five services billed bimonthly - Solid Waste Collection - Storm Water - Sanitary Sewer - Water Consumption - Water Service Availability December 6, 2016 3 CITY COUNCIL'S BRIEFINGS CITY SERVICES BILL AFFORDABILITY AD HOC COMMITTEE ITEM#66549 (Continued) Below is the Scope of the Ad Hoc Committee: ll Scope • Incredible support from City Staff — Past studies • Focused along four lines of effort — Calculation of fees — Billing process Assistance programs — Outreach/education FIN%� Scope • Balance five criteria — Clean city — Meet the needs of the citizens — Equity — Cost effectiveness — Financial stability • Enterprise Fund vs General Fund considerations December 6, 2016 4 CITY COUNCIL'S BRIEFINGS CITY SERVICES BILL AFFORDABILITY AD HOC COMMITTEE ITEM#66549 (Continued) Below are the Recommendations: �• c � i Recommendations 411 • Shift to a monthly billing cycle — Aligns with other bills and household budgeting — Reduce misperceptions of water use — Identify leaks in a more timely manner • Investigate proration of residential sanitary sewer charge — Would provide savings to some,but at what cost? t '� C' Recommendations 41 } • Investigate Solid Waste Extra Cart Initiative — Charge for second(and subsequent)cans - Allows for partial progressive burden by consumption • Increase funding to the Water Assistance Program as well as review eligibility criteria — Currently funded at$250K annually Additional funding from Solid Waste Collection,Storm Water,and General Fund? December 6, 2016 5 CITY COUNCIL'S BRIEFINGS CITY SERVICES BILL AFFORDABILITY AD HOC COMMITTEE ITEM#66549 (Continued) (ii I Recommendations • Increase public education and outreach opportunities — Highlight value of individual services — Virginia Beach fees among the lowest in Hampton Roads } rNf Questions? Mayor Sessoms expressed his appreciation to Council Lady Kane, Mr. Chope and the entire Committee fin-all of their work on this issue December 6, 2016 6 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 4:15 P.M. Mayor Sessoms advised Councilman Moss requested that he not "chair" this portion of the Meeting. Mayor Sessoms was advised by the City Attorney he could, in fact, continue as Chair for this portion of the meeting. However, Mayor Sessoms turned the Chair over to the Vice Mayor but remained in the room for this portion of the Briefing. Also, Councilman Uhrin did not remain in the room for this portion of the Briefing. Vice Mayor Jones welcomed David L. Hansen, City Manager. Mr. Hansen expressed his appreciation to the City Council for their continued support. Mr. Hansen advised the Developer needs to submit the Site Plan for moving the Cavalier project forward, Mr. Thompson engaged City Staff in the potential of improving the access for the ingress/egress of the Cavalier as well as reducing the impact of the traveling public that utilizes Atlantic Avenue. City Staff has been engaged with the City Council Liaisons and the Developer since the City Council Liaisons were appointed to assist with this project: Redesign of Atlantic Avenue Dave Hansen 6 December 2016 December 6, 2016 7 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 (Continued) Below is the January 2016 aerial photograph of the proposed urea: elailifilli Below is the Site Plan keeping current the Atlantic Avenue design (by right access). The goal is to avoid any stacking that would come onto Atlantic Avenue and recreate the "Grand Lawn"concept of the "Old Cavalier" Cavalier Plan keeping current Atlantic Ave Design (by right access) A , R ��} T _ -a / j ;:#::',-� = ,d Li rt err Eng. December 6, 2016 8 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 (Continued) Below is Overall Plan with the proposed improvements and re-design of Atlantic Avenue: Overall Plan with Proposed Improvements & Re-Design of Atlantic fi�['t. y® • ''te 4�is y f , . L ,A >r• N',. • t hn Below is the "Old Cavalier"and the "Grand Lawn". Unfortunately, the Developer cannot maintain the full width of the Grand Lawn as the costs of the project would be over$100-Million. The Developer has had to off-set costs by selling homes; however, this Plan will provide easier access for guests and relieve traffic congestion that would hack up on Atlantic �_�••••• OP ;te pht -lin nolo" . - - AI - _i December 6, 2016 9 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 (Continued) Overall Plan with Proposed Improvements & Re-Design of Atlantic LI °4-L1 —z% t .tel ,..t2-- : 1.1; IL " 1I ' ' 1:11 14 t The Plan maintains pedestrian and bicycle access to the Beach.' Proposed Re-Design of Atlantic Ave with Cul-De-Sac I l) V - e 1✓ 1 t December 6, 2016 10 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 (Continued) Proposed Typical Section for Atlantic Ave cul-de-sac i `` I The Plan proposes moving Atlantic Avenue traffic north bound to 40ih Street; a new signal at Pacific Avenue and 40Eh Street. The proposal will remove approximately four (4) on-street parking spaces in order to create a turn lane into the church property: Proposed Improvements on Pacific Ave and 40th Street r. .x fi lm IIII ®' p �� Ayr : . ,,,, r, - tfi 1 14• _ '( b . 5L y ' I yFl r T � ti S -' f. December 6, 2016 11 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 (Continued) Proposed New Signal @ 42nd/Pacific aft5 '33 13-4ii3M Robert Guy, Public Works Traffic Engineer, reviewed the PHR Traffic Study relating to the twenty-eight (28)condo development with the second phase of the 250 room Resort Hotel.' PHR Traffic Study ■mom December 6, 2016 12 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 (Continued) PHR Traffic Study ntip Atlantic Avenue carries about 1,200 vehicles during peak hours and the traffic would see a 20%increase without the proposed traffic enhancements: PHR Traffic Study December 6, 2016 13 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 (Continued) Below are the key points/comments of the PHR Traffic Study: Cavalier Development Traffic Impact Analysis Comments From City of Virginia Beach Traffic Engineering 1. Cul-de-sac Atlantic Ave N.of W^street,w/ablllry to turn around buck and busses. 2. Trolleys could remain on Atlantic Ave and tum around at proposed cul-de-sac. 3. Traffic signal proposed at R"°Street to accommodate bicycles and pedestrians, but does not meet signal warrants. 4. New signal at 4o^ and Pacific Avenue. Parking would have to be removed to accommodate additional travel lane.N and SB left turn lanes would be constructed on Pacific Ave. 5. Alternative signalized intersection at 39th Street not feasible due to geometric constraints. 6. New hotel entrance to be constructed to w/access directly on Pacific Avenue at existing median break with existing left turn lane. 7. Atlantic Avenue currently at LOS"B"and would remain LOS"S"with additional development traffic. Proposed 43"° St. signal would operate at LOS "B" and proposed 00th St.signal would operate at LOS"C" B. Rerouting removes 320 peak hour vehicles from Atlantic Ave.and reroutes these to 4B^St. The City is aware the Developer has actively engaged with the Civic Leagues and surrounding citizens. City Staff met with a number of interested parties and a Public Information Meeting will be scheduled fir possibly Monday, January 9d', at the Convention Center: Public Engagement • PHR briefings and discussions with civic leagues and HOAs in the July/Aug timeframe • City staff briefings and discussions —Oceans —Galilee Episcopal Church —Cavalier Shores —PA Hills&Ocean Hills —North Beach/Bay Colony —Public Information meeting December 6, 2016 14 CITY MANAGER'S BRIEFINGS ATLANTIC AVENUE CLOSING ITEM#66550 (Continued) The costs to create the cul-de-sae, bike paths, realign 401 Street and Pacific Avenue and to add the turn lanes is estimated to be between $2 and$2.5-Million: Council Discussion i ,t' ti ' l{ S )(. -4' r ilirjr ke ' I - SII — fit" 2k :tr., 4,:. c Vice Mayor Jones expressed his appreciation to Mr. Hansen and the entire Staff for their work on this project. December 6, 20/6 15 CITY MANAGER'S BRIEFINGS FLSA OVERTIME RULE ITEM#66551 5:00 P.M. Mayor Sessoms welcomed Regina Hilliard, Director- Human Resources. Ms. Hilliard expressed her appreciation to the City Council for their continued support: FAIR LABOR 1 STANDARDS ACT \( 11..111:k TLV(; DECEMBER 6. 2010 ISI Below is a high-level overview"of the Fair Labor Standards Act (FLSA): Fair Labor • Federal law enacted 1938 Standards Governs overtime pay requirements Act FLSA (among other areas) • Positions covered - Exempt - Non-exempt December 6, 2016 16 CITY MANAGER'S BRIEFINGS FLSA OVERTIME RULE ITEM#66557 (Continued) FLSA includes a number of exemption criteria: FLSA • Duties Test Executive Exemption Exemption Administrative Exemption Criteria Professional Exemption • Salary Test Fixed Not based on quality or quantity of work • Salary Threshold Test 4$73,660 annually($455 per week) As of December 1, 2016, the Department of Labor more than nearly doubled the Salary Threshold Test: Proposed Salary • $47,476 annually($913 per week) Threshold — Dec.a, 2025 (Executive Order -Automatic updates to salary Department of Labor) threshold every three years • VB Immediate Impact: 23 employees Approximately$27,000 December 6, 2016 17 CITY MANAGER'S BRIEFINGS FLSA OVERTIME RULE ITEM#66557 (Continued) Twenty-one States have filed for a Preliminary Injunction; however, Virginia is not included: Preliminary • US District Court for the Eastern District of Texas issued a preliminary Injunction injunction - Significant increase to the salary level creates essentially a de facto salary-only test - DOL lacked authority to implement automatic updates to the salary threshold • 21 states(Virginia not included) City Staff's recommendation is to delay the implementation: Courses of • Delay implementation pending final legislative resolution Action OR • Proceed with implementation of new salary threshold Recoin Aleltdatton • Delay implementation - Follow lead of Virginia Department of Human Resource Management Appeal not likely heard before presidential inauguration Indications that new administration is not supportive41 Councilman Moss advised he feels this is the wrong message to send to the employees and believes the City shouldPillow the Department of Labor's Executive Order; however, no other City Council Members objected to the Staft's Recommendation and, as such, Mayor Sessoms advised the City would fallow the Staffs Recommendation. December 6, 2016 18 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— Update ITEM#66552 5:10 P.M. Mayor Sessoms welcomed Steve Cover, Deputy City Manager. Mr. Cover expressed his appreciation to the City Council for their continued support: Hurricane Matthew rt c e (:1rc ( :Ol11101 Rlicl Dcccmbcr 6, 2016 FEMAJID1LFVA (02 Mc.mMr 0010,1000 EST) • FEMA r 11 eeni. net rd 6 saithwan 3 ...... December 6, 2016 19 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— Update ITEM#66552 (Continued) Below is an overview of the FEMA assistance in the City: FEMA ASSISTANCE IN VA BEACH • On October 8, 2016, Hurricane Matthew's rain bands and wind impacted the Commonwealth, resulting in over 11 inches of rain in southeastern Virginia. • On November 2, 2016, FEMA formally announced the President's approval of Governor McAuliffe's request for an Individual Assistance declaration. • On November 15, 2016, FEMA announced the Presidential approval of the Public Assistance (PA) add- on request. • On November 19, 2016, three additional localities were added to the Individual Assistance (IA) request. The City declared a Local Emergency on October 13, 2016, which ended on November 22, 2016: Local Declaration in Virginia Beach • City of Virginia Beach declared a local emergency on October 13, 2016. • On November 22, 2016 the City Manager r hri requested an end to the • Local Declaration and it , was approved by Council. • We arc currently still under a Federal Declaration December 6, 2016 20 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— Update ITEM#66552 (Continued) Below is the data as of close of business on December 4,2016: FENIA Individuals and Households Program Data as of dose of business December 4,2016 DR-4291-VA ( in Itu_i,trminn. lIA .Amount 0' 'tumuli( HIP Inlul Chesapeake 549 $573,52000 $47,003.32 5620.523.32 Hampton 147 $118.109.03 $70,799.63 $188,908.66 Newport News 171 $175,893.22 $143251.08 $319,144.30 Norfolk 545 $364,025.93 $80,167.04 $444,192.97 Portsmouth $32594204 $9031124 $416253.28 Suffolk $331.610.14 $1721622 $348,826.36 .._ 2.434 $4.506,349.66 $545259.23 55,051,608.89 Total 4,424 $6,395,450.02 $994,007.76 $7,389,457.78 Disaster Survivor Assistance Teams • 'Totals for DSA Crews as of 11/30/2016 — 4222 Homes Visited (all lists) — 4499 Total interactions with survivors — 207 Registrations completed by DSA (Not the total of all registrations) — 284 Survivors who indicated they will register later — 914 Survivors who declined to register it *F` sC. 111 t • December 6, 2016 21 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— Update ITEM 466552 (Continued) 92%of the Disaster Relief Work Orders have been completed: Crisis Clean Up Met w..vNEN 3n tica, Mo:4x.3 e 1n.o4xn nMa. Gels 5410010 542 P6%) 5431434 3431440 55403%1 544001 0.b. 10 10 10 10 11 •DEAN rid Mems•1421110141 1 M0M44 44 se 47 47 365 365 365365370 371 48 43 AS 41 49 • as 35 35 35 35 35 343 10 10 1 _ 11 31 31 _ -31 M 36 01101401411•4 3514%1 3313%1 35(4%1 31(410 11(1%) 101114 110ryr y0w 11Me40"ry%ex M 1011 MIR 00%1 000 Meg MIN PladaMmomp J4 •pbY •Meld •miaow • •ROOM Tvp • ___ ?WI M 6M M OM OM MO Voluntary Organizations • 'Tidewater Long-term Recovery (LIR) Group met on December 1s` and elected their executive committee leadership. • The Interim Chair of the LTR Group is Rev. Bob Pihlcrantz of United Methodist Committee on Relief • The Executive Committee will meet on Dec. 13th to complete the drafting of By-laws. • Disaster Case Manager Training will be conducted the first week of January 2017. December 6. 2016 22 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— Update ITEM#66552 (Continued) Tidewater Long-term Recovery Group • I noun Chair — Kith IiMmnn.,Virginia C tnferenn nF the IIMC. • Donaw a Management Commerce GwNinmor - .on Salvation Army h:mmtnnal and Spintel Care Committee Coordinate - Filen Comstock.Virginia Conference f the UMC • Disaster :ase Alanagemuni Committee Cd a r - Clans Ian Catholic Charities of Eastern Virginia • Tirol Agent — Kathleen Banfeld,United Way IA* • mn Construction Management C nt ,mmoteer Coordinator — AI Vick,International Facilities Management/Tidewater Builders Association • id ann um:ca wuumnmec C{HNuu ur — Diana Cihsn.SERVPRO of Virginia Beach • Valunnur Management Committee Coordinator — Susan Pleasantz Volunteer Hampton Roads • Seercia — Bob William.,Southern Baptist Conservative Disaster Relief The updated recovery effort costs, not including any employee costs, exceed$13-Million: Updated Recovery Effort Department Cost Estimate Housing $ 143,888.00 ECCS $ 13,475.00 Fire $ 7,145.00 Parks and Recreation - Landscape $ 89,712.00 EMS $ 5,00000 Waste Management* $ 1,440,422.00 Facilities $ 317,130.00 Operations $ 8,954,140.00 Fleet Management $ 1,258,858.00 Communications $ 1,417.00 Human Services $ 29,412.00 Public Utilities $ 472,747.00 Police $ 62,239.00 Schools $ 250,000.00 Costs to Date $ 13,045,585.00 December 6, 2016 • 23 CITY MANAGER'S BRIEFINGS HURRICANE MATTHEW— Update ITEM#66552 (Continued) It is important for all Citizens to register: Core Messaging • 30 days since Hurricane Matthew declaration,30 days left to register • NFIP flood insurance isn't the same as homeowner insurance or FEMA assistance • Disaster Recovery Centers,Open from 8-7 and closed Sundays • Don't disqualify yourself—Register • Registering with FEMA is Dlllcnni than Registering with the City • How to Spend Disaster Assistance Funds • City Tax Relief • Flooding Clean Up • Be Aware of stammers Next Steps • Public Assistance Project Worksheets will begin to be developed for reimbursement. • After Action Report presented to Emergency Preparedness Committee in early January. • Hurricane Matthew Improvement Plan presented to Council in January. Mayor Sessoms expressed his appreciation to Mr. Cover, City Staff, the Volunteers and everyone that has worked diligently to assist those affected by Hurricane Matthew. December 6, 2016 24 CITY COUNCIL LIAISON REPORTS ITEM#66553 5:20 P.M. Council Lady Ross-Hammond advised she attended the recent Arts and Humanities Commission meeting. The businesses that received Grants, especially in the ViBE District, are thriving and doing well. December 6, 2016 25 CITY COUNCIL LIAISON REPORTS ITEM#66554 (Continued) Councilman Uhrin advised the Resort Advisory Commission (RAC) sent a letter clarifying their position opposing Offshore Drilling and Exploration. December 6, 2016 26 CITY COUNCIL COMMENTS ITEM#66555 5:21 P.M. Mayor Sessoms advised he met with the City Attorney and City Manager today to provide information he received from United States Management (USM). USM had research conducted by the Law Firm of McGuire Woods questioning if a "nine to zero (9-0) Vote" was required for the Arena project. The research was delivered to the Mayor around 4:00 P.M. today and Mayor Sessoms provided the information to the City Attorney for his review and legal opinion. December 6, 2016 27 CITY COUNCIL COMMENTS ITEM#66556 (Continued) Council Lady Ross-Hammond expressed concern regarding all of the 'press" regarding a Disparity Study and she feels it would be beneficial to ask the Council Liaisons to the Minority Business Council to discuss this issue. Councilman Dyer stated it has been a privilege to serve as Liaison to the Minority Business Council and the Human Rights Commission for 10+years. He understands there is frustration in the community when hying to achieve fairness and equity in the business environment. It is important to understand the business environment is competitive and, at times, hostile. It is also important to note one thing that distinguishes the City in a very positive way is the proactive approach to a number of the concerns of the Minority and SWAM communities. The ultimate goal of the City Council is to produce a most conducive business environment that makes everyone feel they receive the same and fair opportunities. Even during the last City Council Retreat, this very topic of trying to change the culture in the City was discussed. The Finance Department has been actively involved in identifying and rectiniing the concerns of the community. A number of other cities have had Disparity Studies with mixed results; however, Councilman Dyer believes the City's goal is to pursue the responses needed to fix the problem. He feels the "root"of the problem is the perception there is not a 'level playing field" in the City and many other cities face the same perception. The Process Improvement Committee recently conducted a survey and the results showed most feel the City tries to do a good job; however, there are a number of citizens that feel they are not welcome or appreciated. The City should continue working, on a proactive basis, and share with the community all the positive things the City is doing. For example, many citizens feel the projects in the Resort District are fast-tracked and receive special treatment. Councilman Dyer feels the City should invest in educating the public with all of the steps the City takes to ensure everyone is treated fairly in the City. Council Lady Kane , Liaison,feels the City does a good job at ensuring there is citizen engagement. The Human Rights Commission and Minority Business Council work tirelessly to ensure everyone is treated fairly in the City. Council Lady Kane has spoken with Mr. Bruce Smith and some others that are voicing concerns. Mr. Smith is scheduled to meet with the Human Rights Commission this week and with the Minority Business Council in January. The City works hard at finding common ground and towards a solution by entrusting the committees put into place by City Council. Council Lady Kane has requested City Staff put together some reports of cities across the country that have participated in Disparity Studies. December 6, 2016 28 CITY COUNCIL COMMENTS ITEM#66557 (Continued) Councilman Moss referenced a letter dated November 21, 2016, from Jennifer Mitchell which City Council received this past Friday regarding the State's position on the $20-Million that may be due and owing to the Commonwealth. Councilman Moss is hopeful this discussion is scheduled soon to discuss the "crux"of the letter, as well as the future of transit in the City and the revenues and fees that were put into place to finance Light Rail. December 6, 2016 29 CITY COUNCIL COMMENTS ITEM#66558 (Continued) Councilman Moss requested a copy of the Briefing materials that were given at the Economic Summit held at William&Mary. He feels the information will he beneficial for City Council to review. December 6, 2016 30 CITY COUNCIL COMMENTS ITEM#66559 (Continued) Councilman Moss referenced his letter of October 17, 2016, regarding Stormwater and requested a Briefing he scheduled to understand the "root cause and performance" of the Stormwater Management system. Did the system work, as intended, minus the amount of rain or was the system degraded due to lack of quality maintenance and sedimentation. It is important to understand why the flooding happened in order to move forward and mitigate the problem. December 6, 2016 31 CITY COUNCIL COMMENTS ITEM#66560 (Continued) Councilman Moss advised it appears the Federal Government will pass an additional Continuing Resolution that would keep the Federal Government operating at least thru March 2017 and asked if that would cause any issues with the City's Departments that rely heavily on federal dollars. Councilman Moss asked a few budgets back, for Social Services to provide a report on how the vehicle fleet is managed and used; however, he is yet to receive the requested information. He advised he will be requesting the information again. December 6, 2016 32 CITY COUNCIL COMMENTS ITEM#66561 (Continued) Councilman Moss shared an article with City Council Members regarding the impact of'flood insurance increases and newflood maps on real estate appreciation changes. He believes the City should be asking the Real Estate Assessor to provide information to see if the City is beginning to see "like trends" referenced in the article. December 6, 2016 33 CITY COUNCIL COMMENTS ITEM#66562 (Continued) Council Lady Henley also feels it is important to begin scheduling the 'transit workshops" as the City needs to begin to move forward. Mayor Sessoms asked the City Manager to schedule some time on afinure Agenda. December 6, 2016 34 CITY COUNCIL COMMENTS ITEM#66563 (Continued) Councilman Dyer advised Jay Archbell provides $20 to about 1,200 children to Christmas shop each year and the City of Virginia Beach is now involved with twenty-one (21) busses carrying the children thru the "Lights at the Beach"on the Boardwalk. Councilman Davenport advised he was at the event on Sunday and was so proud of all of the generous people living in the area. December 6, 2016 35 CITY COUNCIL COMMENTS ITEM#66564 (Continued) Council Lady Ross-Hammond had to call 911 yesterday for her elderly mother who had a bad fall and the ambulance that responded was a Sandbridge Ambulance. The Chick's Beach Ambulance is out of commission due to damage sustained during Hurricane Matthew so Sandbridge was able to lend an ambulance to the Chick's Beach. The Mayor directed the City Manager to expedite whatever is necessary to assist in replacement of these vehicles. December 6, 2016 36 CITY COUNCIL COMMENTS ITEM#66565 (Continued) Councilman Davenport advised this past Saturday he had a .sewer back-up at his residence. He called 311 at 8:00 P.M., did not mention he was a member of City Council, and City Staff arrived within thirty (30) minutes to assist. The quality of service the City offers is amazing. He expressed his appreciation to Sean Cooper, the Team Leader. December 6, 2016 • 37 AGENDA REVIEW SESSION ITEM#66566 5:39 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. Section 10-1 to rename the Polling Place for the Oceana Precinct b. Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes 2. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) easement in the amount of$209,356 from The Betty D. Whitehurst Declaration of Trust at 4384 Charity Neck Road DISTRICT 7—PRINCESS ANNE 3. Ordinances to EXEMPT from local real estate and personal property taxes: a. Families of Autistic Children of Tidewater, Inc. b. Utopia Fent,Inc. 4. Ordinance to DECLARE an end to the Declaration of Local Emergency re Hurricane Matthew 5. Resolution to CONFIRM the appointment of Gerald L. Harris as Associate City Attorney, effective December 22, 2016 6. Ordinance to EXTEND the dale for satisfaction of conditions for Thomas C. and Lisa D. McKee re the closing of an improved portion of Circle Lane DISTRICT 5—LYNNHAVEN 7. Ordinance to AUTHORIZE temporary encroachments for Benjamin S. McCarty and Samantha Jo Sturgeon at 644 Chesopeian Trail DISTRICT 6 BEACH 8. Ordinance to APPROPRIATE$132,500 from the Police Federal/State Seized Assets Special Revenue Fund re security and safety equipment • COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#2 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 Item #8 WILL BE CONSIDERED SEPERATELY December 6, 2016 38 AGENDA REVIEW SESSION ITEM#66566 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING I. IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for Modification of Conditions to increase enrollment and expand the hours at a private school at 4413 Wishart Road (approved September 15, 2015) DISTRICT 4 - BAYSIDE 2. THALIA ACRES, LLC for a Conditional Use Permit re a non-commercial marina at Steinhilbers, 653 Thalia Road DISTRICT 5-LYNNHAVEN 3. ERICA DANCEL and RAMON MEJIA for a Conditional Use Permit re a family day-care at 2749 Mulberry Loop DISTRICT 3-ROSE HALL 4. WILLIAM E. and EILEEN T. BYMAN and GREGORY and ANN CHAMBERLAIN for a Conditional Use Permit re a community pier at 824 and 828 St. Martin Drive DISTRICT 4- BAYSIDE 5. DISCIPLESHIP TABERNACLE HOLLAND LAKES ASSOCIATES, LLC for a Conditional Use Permit re religious use in a Shopping Center at 3478 Holland Road DISTRICT 3 ROSE HALL 6. SANDBRIDGE TATTOO and GENERAL BOOTH PROPERTIES OF VA BEACH, INC for a Conditional Use Permit re a tattoo parlor at 2336 Elson Green Avenue DISTRICT 7- PRINCESS ANNE 7. VIRGINIA MUSEUM OF CONTEMPORARY ART (MOCA) and CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor cultural and fund-raising events at 2200 Parks Avenue DISTRICT 6- BEACH 8. MCQ BUILDERS, LLC, ANNIE JONES HARRIS, JAMES C. and CATHERINE HARRIS and HOLLIS ROAD ASSOCIATES, LLC re a Conditional Chance of Zoning from R-10 Residential to Conditional PD-H2 and A-12 Apartment re twenty-nine (29) units at 4732, 4712, 4708 and 4704 Indian River Road DISTRICT 1 CENTERVILLE 9. CITY OF VIRGINIA BEACH re a Change of Zoning from A-12 Apartment and A-18 Apartment to P-I Preservation District re public park at 120 Marshview Drive DISTRICT 6 -BEACH 10. Ordinances to AMEND the City Zoning Ordinance: a. Section 235 re Signage for Housing for Seniors and Disabled Persons b. Section 111, 401, 501 and 1110 re Residential Care for Seniors c. Section 1110 re Residential Care for Seniors d. Section 111 re Definition of Major Entertainment Venue MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 COUNCILMAN UHRIN FILED HIS DICLOSURE LETTER RE ITEM#7 ITEM#8 WILL BE CONSIDERED SEPARATELY COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#8 COUNCILMAN UHRIN FILED HIS DICLOSURE LETTER RE ITEM#9 COUNCILMEN MOSS and WOOD WILL VOTE VERBAL NAY ON ITEM#10a COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#10d December 6, 2016 39 ITEM#66567 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Lynnhaven District PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees December 6, 2016 40 ITEMN66567 (Continued) Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 5:45 P.M. Voting: 10-0 Council Members Voting Aye: Al, Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, and James L. Wood Council Members Absent: Rosemary Wilson Out of town Closed Session 5:45 P.M. - 5:57 P.M. December 6, 2016 41 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 6,2016 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, December 6, 2016, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson Out of town INVOCATION: L1. Joseph Gilliam, Chaplain Naval Air Station Oceana Chapel 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 hay any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. if during his review of an agenda, he identifies a matter in which he has a "personal interest'', as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to he included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. December 6, 2016 42 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 identinfing 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 he 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. Mayor Sessoms recognized and welcomed Scout Troop 179—sponsored by St John the Apostle Church and Scout Troop 350-sponsored by Nimmo United Methodist Church. December 6, 2016 43 Item—VH-E CERTIFICATION ITEM#66568 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters laxfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 olN1A Bfky RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#66567 Page 40 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk December 6,2016 44 Item -WI-F MINUTES ITEM#66569 Upon motion by Councilman Uhrin, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 15, 2016. Voting: 10-0 Council Members Voting Aye: Al, Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 • 45 ADD ON ORDINANCES/RESOLUTION ITEM#66570 Upon motion by Vice Mayor Jones, seconded by Council Lady Ross-Hammond, City Council ADDED: Ordinance to AMEND the City Code Section 8-38 to EXTEND time limit for fee waivers re Hurricane Matthew Voting: 10-0 Council Members Voting Aye: Al Benjamin Davenport, Robert Al Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 46 ADOPT AGENDA FOR FORMAL SESSION ITEM#66571 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 6, 2016 47 Item- VII-H.I PUBLIC HEARING ITEM#66572 Mayor Sessoms DECLARED A PUBLIC HEARING: AGRICULTURAL PRESERVE AGREEMENT(ARP) 4384 Charity Neck Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 6, 2016 48 Item - VII-H.2 PUBLIC HEARING ITEM#66573 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPERTY TAX-Exemption Families of Autistic Children of Tidewater Utopia Feni,Inc. There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 6, 2016 49 Item - VII-H.3 PUBLIC HEARING ITEM 466574 Mayor Sessoms DECLARED A PUBLIC HEARING: PROPOSED ALCOHOLIC BEVERAGE ANNUAL LICENSE FEES Arts Venues Art Instruction Studios Wineries Performing Arts Facilities There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING December 6, 2016 50 Item - VII-I ORDINANCES/RESOLUTION ITEM#66575 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Agenda Items la/b, 2(MOSS VERBAL NAY), 3a/b, 4, 5, 6(MAYOR SESSOMS ABSTAIN), 7 and 9(ADDED) Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessom.s, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 51 Item-VIFI.l a ORDINANCES/RESOLUTION ITEM#66576 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. Section 10-1 to rename the Polling Place for the Oceana Precinct Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO RENAME THE POLLING PLACE FOR THE 3 OCEANA PRECINCT 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their 14 respective polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Plaza Annex 29 Buckner Green Run Baptist Church 30 Cape Henry Research and Enlightenment Building (Edgar 31 Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 Chimney Hill Congregation Beth Chaverim 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Courthouse Fire Station 41 Creeds Oak Grove Baptist Church 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Dam Neck Corporate Landing Elementary School 46 Davis Corner Bettie F. Williams Elementary School 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Middle School 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Kemps Landing/Old Donation School 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest Village Church Hilltop Freedom Fellowship 57 Church 58 Holland Holland Elementary School 59 Homestead Providence Presbyterian Church 60 Hunt Princess Anne Recreation Center 61 Independence Water's Edge Church 62 Indian Lakes Indian Lakes Elementary School 63 Indian River San Lorenzo Spiritual Center 64 Kings Grant St. Nicholas Catholic Church 65 Kingston King's Grant Presbyterian Church 66 Lake Christopher New Covenant Presbyterian Church 67 Lake Joyce Morning Star Baptist Church 68 Lake Smith Bayside Church of Christ 69 Landstown Landstown Community Church 70 Larkspur St. Andrews United Methodist Church 71 Lexington Larkspur Middle School 72 Linkhorn Virginia Beach Community Chapel 73 Little Neck Lynnhaven United Methodist Church 74 London Bridge London Bridge Baptist Church 75 Lynnhaven Cape Henry Church 76 Magic Hollow Virginia Beach Moose Family Center 77 Malibu Malibu Elementary School 78 Manor Providence Elementary School 79 Mt. Trashmore Windsor Woods Elementary School 80 Newtown Good Samaritan Episcopal Church 81 North Beach Galilee Episcopal Church 82 North Landing Hope Haven 83 Ocean Lakes Ocean Lakes Elementary School 84 Ocean Park Bayside Community Recreation Center 85 Oceana Scott Memorial United Methodist Church 86 The Gathering at Scott Memorial United 87 Methodist Church 88 Old Donation Calvary Baptist Church 89 Pembroke Pembroke Elementary School 90 Pinewood Lynnhaven Presbyterian Church 91 Plaza Lynnhaven Elementary School 92 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 93 Point O'View Kempsville Church of Christ 94 Red Wing Fraternal Order of Police, Lodge #8 95 Rock Lake Salem Elementary School 96 Rosemont Forest Rosemont Forest Elementary School 97 Roundhill Salem High School 98 Rudee Virginia Beach Volunteer Rescue Squad 99 Building 100 Seatack Mount Olive Baptist Church 101 Shannon Church of the Ascension 102 Shelburne Christopher Farms Elementary School 103 Shell Unity Church of Tidewater 104 Shelton Park Shelton Park Elementary 105 Sherry Park St. Matthews Catholic Church 106 Sigma Red Mill Elementary School 107 South Beach Contemporary Art Center of Virginia 108 Stratford Chase Community United Methodist Church 109 Strawbridge Strawbridge Elementary School 110 Tallwood Tallwood Elementary School 111 Thalia Thalia Elementary School 112 Thoroughgood Independence Middle School 113 Timberlake White Oaks Elementary School 114 Trantwood Virginia Beach Christian Church 115 Upton Three Oaks Elementary School 116 Village Thalia Lynn Baptist Church 117 Windsor Oaks Windsor Oaks Elementary School 118 Witchduck Bayside Presbyterian Church 119 Wolfsnare Virginia Beach Christian Life Center 120 Central Absentee Voter AgricultureNoter Registrar Building 121 Precinct 122 6th Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of December 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC 1i an i �,� ---- ------, LCL tonna 'atte son r: - armeyer Voter Registrar City Attorney's Office CA13891 R-1 November 17, 2016 52 Item-VII-L lb ORDINANCES/RESOLUTION ITEM#66577 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: b. Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes December 6, 2016 1 AN ORDINANCE TO AMEND SECTIONS 18- 2 49 AND 18-50 OF THE CITY CODE 3 PERTAINING TO ALCOHOLIC AND MIXED 4 ALCOHOLIC BEVERAGES LICENSE TAXES 5 6 SECTIONS ADDED: §§ 18-49 and 18-50 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 18-49 and 18-50 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and ordained to read as follows: 13 14 Sec. 18-49. - Alcoholic beverages—Generally. 15 16 (a) Every person engaged in manufacturing, bottling, selling or dispensing alcoholic 17 beverages shall pay license taxes in the following sums, per annum: 18 19 (1) For each distiller's license, if more than five thousand (5,000) gallons of spirits 20 are manufactured during the license year but not more than 36,000 gallons 21 manufactured during such year, seven hundred and fifty dollars ($750.00); if 22 more than 36,000 manufactured during such year, including bottling, one 23 thousand dollars ($1,000.00)- and no local license shall be required for any 24 person who manufactures not more than 5,000 gallons of alcohol or spirits, or 25 both, during such license year. 26 27 (2) For each winery license, fifty dollars ($50.00). 28 29 (3) For each brewery license, including bottling, one thousand dollars ($1,000.00), 30 except if the brewery manufactures less than five hundred (500) barrels during 31 the year in which case the brewery license for such person shall be two 32 hundred and fifty dollars ($250.00). 33 34 (4) For each bottler's license, five hundred dollars ($500.00). 35 36 (5) For each wholesale beer license, two hundred fifty dollars ($250.00). 37 38 (6) For each wholesale wine distributor's license, fifty dollars ($50.00). 39 40 (7) For each retail on-premises wine and beer license for a hotel, restaurant, gift 41 shop, gourmet shop, convenience grocery store or club; for each retail off- 42 premises wine and beer license; and for each on and off-premises wine and 43 beer license, one hundred fifty dollars ($150.00). 44 45 (8) For each retail on-premises beer license for a hotel, restaurant or club; for each 46 retail off-premises beer license; for each on- and off-premises beer license; and 47 for each druggist license, one hundred dollars ($100.00). 48 49 (9) For each bed & breakfast license, forty dollars ($40.00). 50 51 (10)For each day spa license, twenty dollars ($20.00). 52 53 (11) For each farm winery license, fifty dollars ($50.00). 54 55 (12) For each annual arts venue event license, twenty dollars ($20.00). 56 57 (13) For each art instruction studio license, twenty dollars ($20.00). 58 59 (b) The licenses referred to in subsection (a) above shall be as respectively defined by 60 the Alcoholic Beverage Control Act of the state, as amended, and the terms 61 "alcoholic beverages", "alcohol", "spirits", "beer" and "wine", wherever used in this 62 section shall have the meanings respectively ascribed to them by such act. 63 64 (c) No license shall be issued under this section to any person, unless such person 65 shall hold or shall secure simultaneously therewith the proper state license required 66 by the Alcoholic Beverage Control Act. Such state license shall be exhibited to the 67 commissioner of revenue. 68 69 (d) Any license issued under this section may be amended to show a change in the 70 place of business within the city. Any such license may be transferred from one 71 person to another; provided the person to whom transferred holds, at the same 72 time, a similar license from the state alcoholic beverage control commission. 73 74 (e) In imposing wholesale merchant's license taxes measured by purchases and retail 75 merchant's license taxes measured by sales and restaurant license taxes measured 76 by sales under the provisions of this chapter, other than the provisions of this 77 section, alcoholic beverages shall be included in the base or bases for measuring 78 such license taxes the same as if the alcoholic beverages were nonalcoholic. No 79 alcoholic beverage license tax levied under this section shall be construed as 80 exempting any licensee from any merchant's or restaurant license tax, and such 81 merchant's and restaurant license taxes shall be in addition to the alcoholic 82 beverage license taxes levied hereby; provided, however, that in determining the 83 liability of a beer wholesaler or wholesale wine distributor to merchant's license 84 taxation under this chapter, there shall be deducted from such merchant's license 85 tax the amount of the specific license tax imposed under this section and paid by 86 such beer wholesaler or wholesale wine distributor. 87 88 Sec. 18-50. - Same—Mixed beverages. 89 90 (a) Every person engaged in the business of selling mixed alcoholic beverages shall 91 pay a license tax in the following sums: 92 93 (1) Persons operating restaurants, including restaurants located on the premises of 94 and operated by hotels or motels: 95 96 a. $200.00 per annum for each restaurant with a seating capacity at tables for 97 up to 100 persons; 98 b. $350.00 per annum for each restaurant with a seating capacity at tables for 99 more than 100 but not more than 150 persons; and 100 c. $500.00 per annum for each restaurant with a seating capacity at tables for 101 more than 150 persons. 102 103 (2) A private, nonprofit club operating a restaurant located on the premises of such 104 club, $350.00 per annum. 105 106 (3) A mixed beverage caterer, $250.00 per annum. 107 108 (4) An amphitheater, $300.00 per annum. 109 110 (5) A mixed beverage performing arts facility, $300.00 per annum. 111 112 (b) No license shall be issued under this section to any person, unless such person 113 shall hold or secure simultaneously therewith the proper state license required by 114 the Alcoholic Beverage Control Act of the state, as amended. 115 116 (c) Any license referred to in this section may be amended to show a change in the 117 place of business within the city. Any such license may be transferred from one 118 person to another; provided the person to whom it is transferred holds, at the same 119 time, a similar license from the state alcoholic beverage control commission. 120 121 (d) No local license tax shall be either charged or collected for the privilege of selling 122 alcoholic beverages in passenger trains, boats, airplanes, or rooms designated by 123 the Board of establishments of air carriers of passengers at airports in the 124 Commonwealth for on-premises consumption only. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of December , 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: ?? Phil f Ilam Dana H eyer Commissioner of th Revenue City Attorney's Office CA13888 R-1 November 21, 2016 53 Item-V11-1.2 ORDINANCES/RESOLUTION ITEM#665 78 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) easement in the amount of$209,356 from The Betty D. Whitehurst Declaration of Trust at 4384 Charity Neck Road DISTRICT 7—PRINCESS ANNE Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $209,356 (PROPERTY OF THE BETTY D. WHITEHURST 6 DECLARATION OF TRUST) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 13 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in the City and more fully 15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 16 $209,356; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement. 24 25 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.33% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however,that such 37 rate of interest shall not exceed 4.33% unless the approval of the City Council by resolution 38 duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on,the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby transfers $96,304 from the Agricultural Reserve 62 Program Special Revenue Fund (161) to the General Debt Fund (302). 63 64 Adoption requires an affirmative vote of a majority of all members of the City 65 Council. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on this 6 eh day of 68 December , 20 16. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: QUIDS: (a�Wit e yyr\f11 =1 nuc 191 • Director of f=inatfce City Attorney's Office CA13851 ,�ao.cJm\D.SUppe�a.. ,,Lar,oa,,w��,we�o�GIT ,�ufiaw�� R-1 Date: November 22, 2016 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2016-152 SUMMARY OF TERMS SELLER: The Betty D. Whitehurst Declaration of Trust PROPERTY LOCATION: 4384/4392/4394 Charity Neck Road PURCHASE PRICE: $209,356 EASEMENT AREA: 41.05 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (2 automatically reserved by Seller for existing duplex on the property) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.33%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.33%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. V O Q inco O o Z ~ O O f' O U Q ? 4 F. 1 r WW 1 54 Item-VII-L3a ORDINANCES/RESOLUTION ITEM#66579 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to EXEMPT from local real estate and personal property taxes:: a. Families of Autistic Children of Tidewater, 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, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John K Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE TO DESIGNATE FAMILIES OF AUTISTIC 2 CHILDREN OF TIDEWATER, INC. AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Families of Autistic Children of 8 Tidewater, Inc.; 9 10 NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Families of 14 Autistic Children of Tidewater, Inc. as a charitable organization within the context of§6(a)(6)of 15 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by Families of Autistic Children of Tidewater, 18 Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Families of Autistic Children of Tidewater, Inc. 24 for exclusively charitable purposes; 25 26 (b) that each July 1, Families of Autistic Children of Tidewater, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2019, Families of Autistic 32 Children of Tidewater, Inc. shall file an exemption application with the 33 Commissioner of the Revenue as a requirement for retention of the exempt 34 status of the property; and 35 36 (d) that Families of Autistic Children of Tidewater, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records and 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2017. of De Ado->bted by theemr bted bof the City of Virginia Beach, Virginia, on the 6th day c6. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL fcutohdL_ .I FICI CY: j Comio t e evenue Ci 'ttoriOffice CA13665/R-1/October 12, 2016 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Families of Autistic Children in Tidewater 520 Viking Drive Virginia Beach,VA 23452 Website: httricamp4autism.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Families of Autistic Children in Tidewater(F.A.C.f.) mission is to improve the quality of life for individuals with autism and their families in the greater Hampton Roads,Virginia area.FACT. promotes the creation of social, recreational, and vocational programs designed to meet the unique needs of individuals with autism. FACT supports the integration of these individuals into the community by providing social and communication models, with emotional and behavioral supports. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $44,497.80 Tax: $1,780.63 RELEVANT INFORMATION IRS Granted 501 (c)3 status—February, 2001 55 Item -VII-1.3b ORDINANCES/RESOLUTION ITEM#66580 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to EXEMPTfrom local real estate and personal property taxes: h. Utopia Fent,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, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE TO DESIGNATE UTOPIA FENI, INC. AS 2 BEING EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Utopia Feni, Inc.; 8 9 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Utopia 13 Feni, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Utopia Feni, Inc. located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Utopia Feni, Inc. for exclusively charitable 23 purposes; 24 25 (b)that each July 1, Utopia Feni, Inc. shall file with the Commissioner of the Revenue 26 a copy of its most recent federal income tax return, or if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Utopia Feni, Inc. shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that Utopia Feni, Inc. cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of December , 2016. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL y� M"� i \-1 ,i Com issioner ft 'evenue - I A•.rney's Office CA13666/R-1/October 12, 2016 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Utopia Feni Inc 1314 Kempsville Road Virginia Beach,VA 23464 Website: http://utoliiafen i.tu mblr.co m/ http://www.utopiafen i.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Utopia Feni Inc. is a non-profit organization who focus is to support the arts locally, inspire collaborations, and share the values of creativity with disadvantaged artists around the world. This is done by supporting local emerging artists and building an art program in Feni,Bangladesh. Utopia Feni Creative Studios hosts events such as art exhibitions, craft shows, and festivals as well as workshops, seminars, and classes. Their gift shop features local art and products Gum local businesses which specialize in hand crafted artwork, as well as international imports of cultural decor. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2371.20 Tax: $94.85 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 3, 2016 56 Item-VII-1.4 ORDINANCES/RESOLUTION ITEM#66581 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE an end to the Declaration of Local Emergency re 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, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE TO END THE DECLARATION OF A 2 LOCAL EMERGENCY 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; 13 14 WHEREAS, in response to the severe damage caused by Hurricane Matthew, 15 the City Manager, as the Director of Emergency Management, issued a Declaration of 16 Local Emergency on October 9, 2016, effective at 12:01a.m.; and 17 18 WHEREAS, on November 1, 2016, as required by Virginia Code § 44-146.21, the 19 City Council confirmed the Declaration of Local Emergency; 20 21 WHEREAS, the City took emergency actions to assist citizens affected by the 22 devastating aftermath of the event in the weeks that followed; and 23 24 WHEREAS, the City Manager has concluded that the City had taken all 25 necessary local emergency actions as of 11:59 p.m. on November 22, 2016. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA 29 30 That, pursuant to Virginia Code § 44-146.21, the City Council hereby ends the 31 Declaration of Local Emergency effective at 11:59 p.m. on November 22, 2016. nece$oJted by the Council of the City of Virginia Beach on the 6ch day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: VP1 A l Steven R. Cover Eliza th B. DeJarn e City Manager's Office City ttorney's Office CA13892 R-1 November 23, 2016 DECLARATION OF LOCAL EMERGENCY 1, the undersigned. as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of hurricane generated winds and rain forecasted to cause coastal flooding and the very real possibility of tornadoes and power outages. along with the loss or interruption of vital City services posed by Hurricane Matthew to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore,pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning October 9.2016 at 12:01 a.m.. In accordance with this Declaration. the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to cavy out, all powers, duties and functions prescribed by State a local laws, rules. regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. r� FriC ,c.. David L. Hansen, City Manager& Director of Emergency Management ?z (a, (Date) o�g-tNA.��oyG'? s City of Virginia Beach -9s 8 U, OUR NM' VBgov.com OFFICE OF THE CIry MANAGER 2400 COURTHOUSE DRIVE (757)385-4242 VIRGINIA BEACH.VA 23456 INTER-OFFICE MEMORANDUM DATE: November 29, 2016 TO: Erin Sutton, Deputy Emergency Management Coordinator FROM: Dave Hansen, City Mana SUBJECT: End of Local Emergency The City of Virginia Beach members have done a tremendous job throughout Hurricane Mathew and its aftermath. Although we have not finished all aspects of the long-term recovery process, all necessary local emergency actions have been taken as of November 22, 2016. Accordingly, I will ask City Council to approve an ordinance ending the declared local emergency effective at 11:59 p.m. on November 22, 2016. DWees 57 Item-VII-L 5 ORDINANCES/RESOLUTION ITEM#66582 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to CONFIRM the appointment of Gerald L. Harris as Associate City Attorney, effective December 22, 2016 Voting: 10-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert Al Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 A RESOLUTION APPOINTING GERALD L. HARRIS TO THE 2 POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Gerald L. Harris is hereby appointed to 8 the position of Associate City Attorney, effective December 22, 2016. 9 6th �{ 10 Decemgogted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: �Cv ^ — Mark D. Stiles, City Attorney CA13889 R-1 November 16, 2016 58 Item-VII-1.6 ORDINANCES/RESOLUTION ITEM#66583 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to EXTEND the date for satisfaction of conditions for Thomas C. and Lisa D. McKee re the closing of an improved portion of Circle Lane DISTRICT 5—LYNNHAVEN Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John K Uhrin and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 5,573 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT-OF- 5 WAY KNOWN AS CIRCLE LANE 6 7 WHEREAS, on December 9, 2014, the Council of the City of Virginia Beach 8 acted upon the application of Thomas C. McKee and Lisa D. McKee (collectively, the 9 "Applicant"), for the closure of an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle 10 Lane between Cedar Point Road and Hill Road; 11 12 WHEREAS, City Council adopted an Ordinance ORD-3387D to close the 13 aforesaid right-of-way, subject to certain conditions being met on or before December 8, 14 2015; 15 16 WHEREAS, on November 5, 2015, the Applicant requested an extension of time 17 to satisfy the conditions to the aforesaid street closure action and, by Ordinance ORD- 18 3433F, City Council approved the extension until June 8, 2016; 19 20 WHEREAS, while satisfying the conditions, a question arose as to the necessity 21 of a 20' wide drainage easement required in Condition 2 by Ordinance ORD-3387D; 22 23 WHEREAS, staff determined that Condition 2 should be modified to omit the 24 stated width of the drainage easement; 25 26 WHEREAS, on May 25, 2016, the Applicant requested an additional extension of 27 time to satisfy the conditions of the aforesaid street closure, including modified 28 Condition 2 as stated herein; 29 30 WHEREAS, on June 7, 2016, by Ordinance ORD-3452V, City Council approved 31 the modified Condition 2, and the extension until December 8, 2016; 32 33 WHEREAS, on October 24, 2106, the Applicant requested a final extension of 34 time to finalize the plat; and 35 36 WHEREAS, staff recommends that an additional six (6) month extension be 37 approved. 38 39 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 40 Beach, Virginia: 41 42 That the date for meeting Conditions 1, 3, 4 and 5 of the street closure, as 43 stated in the Ordinance adopted on December 9, 2014 (ORD-3387D), and 44 modified Condition 2, as stated in the Ordinance adopted on June 7, 2016 (ORD- 45 3452V), is extended to June 8, 2017. 46 Adopted by the Council of the City of Virginia Beach, Virginia, on this 47 6th day of December 2016. 48 49 GPIN: Right-of-way/ No GPIN assigned 50 Adjacent to GPINs: 2418-67-2070 and 2418-67-2141 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 01 it / City Attorney anning Department CA13855 vbgov comNFSI WpplicatiwSGlyLay.Prodtywmi0\Wpdo¢\W12\Po1610W60960 DOC R-1 November 23, 2016 2 2 O ro J u rr 1, s b, o �` d J ado c " - - 111Z5 !. Q• J 4 U 1 tY O v r C U J� an 1NIOd 21vo33 a 4 0 .= yy o t oc --r a -04 c - PIN oile O V iS f M le a C AN t c 133211$ lull . e a 1 ,43 • V3 z b Z W M J M .'.- a _ CC a m 2 14 GOA'BEA . 5 City of VIr iinia Beach 6 • it f4yr e NX' OUR NAiW'fs .Com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 23458 9000 1757)335 4531 FAX 1757)335r5E99 wsesso ms W o59w corn In Reply Refer to 0059401 December 6, 2016 Mrs. Ruth I lodges 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 extending the date for satisfying the conditions in the matter of closing an unimproved right-of-way known as Circle Lane. 2. Thomas C. and Lisa D. McKee requested this ordinance, and their property will benefit from the right-of-way closure. Their property appears to be subject to one or more deeds of trust held by TowneBank. 3. 1 have a personal interest in TowneBank. which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- December 6, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sin nccer elely f William D. Scssoms Mayor W DS/RRI 59 Item-VII-J.7 ORDINANCES/RESOLUTION ITEM#66584 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments for Benjamin S. McCarty and Samantha Jo Sturgeon at 644 Chesopeian Trail DISTRICT 6—BEACH IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments for Benjamin S. McCarty and Samantha Jo Sturgeon at 644 Chesopeian Trail (GPIN 1497597123) DISTRICT 6—BEACH The following conditions shall be required: 1. 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. 2. 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. 3. 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. 4. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 5. 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. 6. 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. 7. 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. December 6, 2016 60 Item-VII-J.7 ORDINANCES/RESOLUTION ITEM#66584 (Continued) 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall he a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the 'Buffer'). The Buffer shall not he established during the months of June, July or August, so that it has the greatest likelihood of survivability. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 9. 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. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11. 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 he 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. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of December, Two Thousand Sixteen. December 6, 2016 61 Item -VII-J.7 ORDINANCES/RESOLUTION ITEM#66584 (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, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BOAT 7 BASIN AND DRAINAGE AREAS OF 8 CHESOPEIAN COLONY, ADJACENT 9 TO 644 CHESOPEIAN TRAIL 10 11 WHEREAS, Benjamin S. McCarty and Samantha Jo Sturgeon desire to 12 remove the existing wood pier and bulkhead and to construct and maintain a proposed 10' 13 x 14' wood dock and a 5' x 46' wood pier, a boat lift and a 66-LF rip-rap revetment in a 14 portion of City property known as Boat Basin and Drainage Areas of Chesopeian Colony, 15 adjacent to 644 Chesopeian Trail, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Benjamin S. McCarty and 26 Samantha Jo Sturgeon, their heirs, assigns and successors in title are authorized to 27 remove the existing wood pier and bulkhead and to construct and maintain a proposed 10' 28 x 14' wood dock and a 5' x 46' wood pier, a boat lift and a 66-LF rip-rap revetment in a 29 portion of existing City property as shown on the exhibit entitled: "ENCROACHMENT 30 EXHIBIT Application by: Mr. Benjamin McCarty 644 Chesopeian Trail, Virginia Beach, VA 31 23452", dated 02/11/2016, Scale 1"=40' prepared by WPL Landscape Architecture Land 32 Surveyors Civil Engineers, a copy of which is attached hereto as Exhibit"A", and on file in 33 the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are 37 expressly subject to those terms, conditions and criteria contained in the Agreement 38 between the City of Virginia Beach and Benjamin S. McCarty and Samantha Jo Sturgeon 39 (the "Agreement"), an unexecuted copy of which has been presented to the Council in its 40 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 41 the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Benjamin S. McCarty and Samantha Jo Sturgeon and the City Manager or his 47 authorized designee execute the Agreement. 48 6th 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of December 2016. CA13607 R-1 PREPARED: 11/9/16 \\vbgov.com\dfs1\applications\citylawprod\cycom32\wpclocs\d031\P012\00330096 doc APPROVED AS TO CONTENT: APPROVED A 0 LEGAL SUFFI NCV ND FORM: 1 •i/- PUBLIC WORKS, REAL ES ATE I - A` YER \110{ Io SEN e ' CITY ATTORNEY 2 LYNNHAVEN RIVER EM t47 ��n r lxczExLm Aei8421/: [Ydw MCF/ I p LTH p� DI y IX WOOD PIER I qN�' .r IX EDGE OF WATER (BY SU VET)it•. Ole) 4 A d IX WDDD =71-4 _f�\s. 54303 292' E : Lic. . 2904R � N37 BULKHEAD ' skit r0, + �� AGI 03/07/1016 ,� ' IA- Z „ IN, 14:1$� o L SURN 0- •e'�,,01� 0. '2 SITE DATA: y 1. GPIN;DATA: 1497-59-7123 PIN FOUND c �•� .. 2. THIS SURVEY OF LOT 83-A RESUBDNISION ❑1 A S 305612' E OF LOT 83, & A STRIP OF LAND 20 FEET IN 1 WIDTH AND CONSTRUING THE SOUTHEASTERN LOT-BZ PORTION OF LOT 84, N OF CIESOPEUN COLONY, SECT/ONIOTWO, (MB. GPIN: 1497-59-7274 1�; 41, PG. 22) (D.B. 1036, PG. 64), PLAY (IN. 200407150108416) LOT 88-A RECORDED AS IN. 20120928001132060 AT A THE CLERK'S OFFlCE OF THE CIRCUIT COURT Di OF THE CITY OF VIRGINIA BEACH, VIRGINIA '. Ci WAS COMPLETED UNDER THE DIRECT AND A? E\ N RESPONSIBLE CHARGE OF, ERIC A GARNER E•A (MRGINI LICENSE L D SURVEYOR) FROM N A• AN ACTUAL GROUND SURVEY MADE UNDER V. MY SUPERVISION; THAT THE ORIGINAL DATA ! WAS OBPINED ON SEPTEMBER 10, 2014. PO H o H PART OF LOT-84 AND j644 PMT OF LOT-85 GPIN: 1497-69-0244 1-STORY BRICK (IN. 200302040015590) AND FRAME (D.B. 2393, PG. 1380) (D.R. 1120, PG. 289) 4.,o sya� `` (M.B. 259, PG. 43) dT a 0 0o Nin R=250.00' - rp,.i?6, - A=6.49' 124.36' Qa' N 305612' W 113.5!' g` R=10.00' s0 CHESOPEIAN*# TRAIL A=14.03' (50' R/W) PLAN (M.B. 41, PG. 22) SCALE: 1" 40' PURPOSE: SHORELINE STABILAZATION & ACCESS ENCROACHMENT EXHIBIT DATUM: NAW 1988 APPLICATION BY: MR. BENJAMIN McCARTY ADJACENT PROPERTY OWNERS: 644 CHESOPEIAN TRAIL 1 PAUL C. CHO k DANA W. CHO VIRGINIA BEACH, VA 23452 2 JENNIFER CAMPBELL & KATHANNA C. DAVIS DATE: 02/11/2016 Les ripe, ,Mie PLAT: C-1519 F.B./PG.: N/A w K.ANy.R. SHEET 1 OF2 WPL# 214-0334 ,LT11 OF` vis L YNNHA VEN R/VER -; RIC ARNER 1'" (RESERVED FOR BOAT 84S/N & ORA/N4GE) a Lic. 2994 R� , PROPOSED WOO DOCK (701742 03/07/]076 & W000 PAR (5X462 '� LET ea4r9a28.8'25.9'fiN \ PROPOSED REYE7A/ENr - - (66-U1 r` a - 1 If/ � '.` E% EDGE Br I1MS�Y) \ / 04 /� 50' A� 2�.4' vy `., �sl Atteat S 30'5622' E e4�� 20.00' Ex WOOD -. F ❑1 BUU(HEAD *4t v. .= 7`�i ' ♦ LOT-82 ro'` •�e• l��1� �' ��' mm 2 (NPI200497159-7274 N��j U +•�t?avatae'' 15' R/AFER N yPROPOSED PARS W -85 AiLle�m v �V' Lu AREA N GPIN: 1497-69-0244 o w 3 (IN. 200302040015590) N IN 'pp „ (D.B. 2393, PG. 1380) 0 O h (D.B. 1120, PG. 289) REMOVE IX/SUNG (M.B. 259, PC. 43) 4 FAILED WOOD PER 115 O '.. & BULKHEAD o MI s� 0 2 h ry 30.00' y ,I S 30'5622' E ,Oi T LOT 8$A * PLAN SCALE: 1-,a20' PURPOSE: SHORELINE SThR AZA ON & ACCESS ENCROACHMENT EXHIBIT DATUM: NA1V 1968 APPLICATION BY: MR. BENJAMIN McCARTY ADJACENT PROPERTY OWNERS: 644 CIIESOPEIAN TRAIL 1 PAUL C. CHO & DANA W. CHO VIRGINIA BEACH, VA 23452 2 JENNIFER CAMPBELL & KATHANNA C. DA VIS DATE 02/11/2016 ane°0'a.,n r.� PLAT: C-1519 F.B./PG.: N/A Missite%*t Ia a SHEET 2 OF 2 WPL# 214-0334 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made thisc`j\JA day of C)O \�,,, , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Benjamin S. MCCARTY and Samantha Jo STURGEON, 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, numbered and described as "83-A" as shown on that certain plat entitled: RESUBDIVISION OF LOT 83 & A STRIP OF LAND 20 FEET IN WIDTH AND CONSTITUTING THE SOUTHEASTERN PORTION OF LOT 84, SUBDIVISION OF CHESOPEIAN COLONY — SECTION TWO — (M.B. 41, P. 22) (D.B.1038, P.64), VIRGINIA BEACH, VIRGINIA" dated July 20, 2012 and prepared by WPL Landscape Architecture Land Surveying Engineering which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20120928001132060, and being further designated, known, and described as 644 Chesopeian Trail, Virginia Beach, Virginia 23452; GPIN 1497-47-3785: City Property known as Boat Basin and Drainage Areas of Chesopeian Colony GPIN: 1497-59-7123 - 644 Chesopeian Trail, Virginia Beach, VA 23452 WHEREAS, it is proposed by the Grantee to remove the existing wood pier and bulkhead and to construct and maintain a proposed 10' x 14' wood dock and a 5' x 46' wood pier, a boat lift and a 66-LF rip-rap revetment, (collectively, 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 The Boat Basin and Drainage Areas of Chesopeian Colony, "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT Application by: Mr. Benjamin McCarty 644 Chesopeian Trail, Virginia Beach, VA 23452, dated 02/11/2016, Scale 1"=40 prepared by WPL Landscape Architecture Land Surveyors Civil Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood 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, shall run the entire length of the shoreline, and shall 3 consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. 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 plantings, to the Environment and Sustainability Division of 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. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, 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. 4 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, Benjamin S. McCarty and Samantha Jo Sturgeon, 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 , 2016, 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 , 2016, 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 /' 2 Z- enjamin S. McCarty, Owner BymMzr r -,�� Jo u adetkla Samantha Jo u eon, 0 er STATE OF CITY/COUNTY OF J;.�;, ,.. 32...1, , to-wit: The foregoing instrument was acknowledged before me this z..;/a day of Ochin.- , 2016, by Benjamin S. McCarty. , A (SEAL) Not rd y Public ,cammisio.sed J Notary Registration Number: ZLS Z76, My Commission Expires: iz/+, /25 STATE OF CITY/COUNTY OF bri.y,,;.. 0,,,,I. , to-wit: The foregoing instrument was acknowledged before me this z>rth day of nth6,-,- , 2016, by Samantha Jo Sturgeon. �/ V4DCL'a A (SEAL) Not ry Public ( ca .,v444,,o rnr-e1 ettsitcor . . f;6/71.4 cit) Notary Registration Number: zO>vT • My Commission Expires: /L/31s. 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL S ' ICIENCY AND FORM IL it Q.La„ •%alI i IGNATURE • ! . • . -AR EVER, PUBLIC WORKS/REAL ESTATE SE .R CITY ATTORNEY \\-vO \ DATE 8 L YAPUHA VEN RIVER�00 (RESONED Tae AA24r 8t�v&a VISIGQ Ex EDGE of WADY WOOD PIER Q.LTH op. • �'��We� RIC . ARNER� S 30'5622' E ��` P ,iy Ue�(HEOCAADD 'f \ ^ 4X00 F[t Lie. 2904 s +10e'43.,444, + 03/07/2016 ..qq" „ hk U c1^' � 9 O� �'PRt `W o . v _�.,,yy 2 ' im o8yy a, SURv� rt 7 SITE DATA: PW FOUND 000 1. GPIN: 1497-59-7123 2. NIS SURVEY OF LOT 83-ARESUBDMSION 1 4 S 3015622' E OF LOT 83, & A SRM OF LAND 20 FEET IN LOT-82 WBTH MID CONSTRUING THE SOUTHEASTERN GP IN: 1497-59-7274 PORTION OF LOT 84, SUBDMSON OF (IN. 200407150108416) ti LOT BAA 41 PG.CHESDPE22) t�Lom038LPPGG. 6N TWO, )•PLA;e. AAI RECORDED AS N. 20120928001132060 AT ,,4 c5 THE CLERK'S OFFICE OF THE CRCUR COURT 6 OF NE CRY OF MINN BEACH, VIRGINIA 4� O WAS COMPLETED UNDER THE DIRECT AND :5 nib N RESPONSIBLE CHARGE OF, ERIC A GARNER ASA �' MRGINN LICENSE LAND SURVEYOR) FROM .0 3 AN ACTUAL GROUND SURVEY MADE UNDER A MY SUPEMSION: MAT THE ORIGINAL DATA B3 2 WAS OBTAINED DN SEPTEMBER 10. 2014. MI ►� h PARE OF LOT-84 AND /844 PART OF LOT-85 / 1-STORY BRICK GPM!: 1497-69-0244 AND FRAME (IN. 200302040015590) out 2393, PG. 1380) 9 ` (D.B. 1120, PG. 289) ,p®s eu — (M.B. 259, PG. 43) 0 l'en R 250.00' o- ., A-6.49' Stopets Z2 "N. _ 104.36' °14447&? -----"- tt 4. A=14.03' 0CHESOPE/AN# TRAIL (50' RAY) (MB. 41, PG. 22) PLAN SCALE: 1'-40' OAP RPM EFWD 1988 SHORELINE STARL,TZANON & ACCESS ENCROACHMENT EXHIBIT APPLICATION BY: MR. BENJAMIN McCARTY I IFEPROPERIY OWNERS:CHCAO & DAA W. CHOHANNA C. DAVIS 644 CHESOPEIAN TRAIL VIRGINIA BEACH, VA 23452 DATE: 02/11/2016 wry .W.. PLAT: C-1519 F.B./PG.: N/A sawratN in me SHEET 1 OF 2 WPL# 214-0334 Lm AFD l I L YNNHA VEN RIVER Ric . ARNER„ (R£SERLED FOR BOAT BASIN & DRAINAGE) ].10. 2904 °". PROPOSED MOOD DOCK (10x/4) 1100D , h WOOD PIER (51'469 e 03/07/1016 PROPOSED BOAT 0 EBe \ LIFT 9,� SURA o 28.8'25.9' �� \ PROPOSED — R�-i , r (66-LO REl2%AI£M IX EDGE OF N17ER� BY SURVEY) SO' / ie. 20.4'„rt2 i\\'Y '>' j- trt4 30'S622' EEX WOO \\\\y�N DBULKHEAD i��.-._ _ 1 ��,�a�l 20.00' (GRIN: 1497-59-7274477574, 40Iv 44I 4,•14 �,,ss”, 1 Spmav ti PMI OF LO-84 AND „�� N ,ant)", % �� BUFFER N PMT OF LOT-85 tato v antes • W AREA GRIN: 1497-69-0244 N 3 (IN. 200302040075590) + + (D.B. 2393, PG. 1380) �� FAILED WOOD HERREMOVE y9) 1/2 ot ((M.B.1259, PG. 43)) A. BULKHEAD 1 h O A.7 o a h t. 30.00' '^ S 3(75622' E .'hy EV LOT 83-A 2 PLAN SCALE: r_20' PURPOSE SNOREUM STAauamN & ACCESS DATUM: NAVO 1986 ENCROACHMENT EXHIBIT ADJACENT PROPERTY OWNERS: APPLICATION BY: MR. BENJAMIN MCCABIY 644 2 JENNIFER1 PAUL C. CCH O & DANA BELL & KATCHHANNA C. DAVIS VIRGINIA BFACHP V�AN2j$y DATE 02/11/2016 Lundr. PUT: C-1518 F.B./PG.: N/A Intl won. SHEET 2 OF 2 WPL/ 214-0334 62 Item-VII-J.8 ORDINANCES/RESOLUTION ITEM#66585 The following individuals registered to speak.' Gary McCollum, 3901Meeting House Road, Phone: 962-7578, spoke in OPPOSITION. Bruce Williams, 1068 Meadow Grove Trail, Phone: 570-4463, spoke in OPPOSITION. Cheryl Turpin, 656 Rosaer Road, Phone: 282-1970, spoke in OPPOSITION. Andrew Jackson, 153 Uppers ille Road, Phone. 490-9798, spoke in OPPOSITION. Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council ADOPTED: Ordinance to APPROPRIATE $132,500 from the Police Federal/State Seized Assets Special Revenue Fund re security and safety equipment Voting: 9-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Abstaining: Amelia N. Ross-Hammond Council Members Absent: Rosemary Wilson Council Lady Ross-Hammond ABSTAINED as she felt she may have a conflict. December 6, 2016 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND FOR POLICE EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That$132,500 is hereby appropriated from the Fund Balance of the Federal/State 9 Seized Assets Special Revenue Fund, with specific Fund Reserve Revenue increased 10 accordingly, to the FY 2016-17 Police Department Operating Budget for police equipment 11 including evidence lockers, a visitor management system, a fume hood, and security 12 cameras and other security equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of December 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: Kevin Chatellier D. - lirmeyer Budget and Management Services City Attorney's Office CA13890 R-1 November 16, 2016 63 Item-VII-J.9 ADD ON ORDINANCES/RESOLUTION ITEM#66586 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the City Code Section 8-38 to EXTEND time limit for fee waivers re 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, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John K Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 REQUESTED BY COUNCILMEMBER KANE 1 AN ORDINANCE TO AMEND SECTION 8-38 OF 2 THE CITY CODE TO EXTEND THE TIME LIMIT 3 FOR PERMIT FEE WAIVER APPLICATIONS 4 5 Section Amended: City Code § 8-38 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That Section 8-38 of the City Code is hereby amended and reordained to read as 11 follows: 12 13 Sec. 8-38. Waiver of permit fees. 14 15 The City Manager or the building code official may waive the permit fees listed 16 in sections 8-31 (Building), 8-31.1 (Fences and walls), 8-32 (Plumbing), 8-33 17 (Mechanical), 8-34 (Electrical), and 8-37 (Technology Fee) for any permit issued for 18 repairs to an existing residential or commercial structure caused by a storm for which a 19 declaration of local emergency has been issued, provided that the repairs are 20 necessary to render the building or portion thereof habitable and the permit application 21 is submitted within sixty (60) one hundred eighty (180) days of the declaration of local 22 emergency. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of December 2016. APPROVED AS TO LEGAL SUFFICIENCY: �-6)y W S9n B. Kay W' City Attorn s Office CA13899 R-1 December 2, 2016 64 Item-VII-.I PLANNING ITEM#66587 I. IVY LEAGUE ACADEMY MODIFICATION OF CONDITIONS 2. THALIA ACRES,LLC CONDITONAL USE PERMIT 3. ERICA DANCEL and RAMON MAJIA CONDITINAL USE PERMIT 4. WILLIAM E. and EILEEN T. BYMAN CONDITIONAL USE PERMIT 5. DISCIPLESHIP TABERNACLE HOLLAND CONDITIONAL USE PERMIT LAKES ASSOCIATED,LLC 6. SANDBRIDGE TATTOO CONDITIONAL USE PERMIT 7. VIRGINIA MUSEUM OF CONTEMPORARY CONDITIONAL USE PERMIT ART(MOCA) 8. MCQ BUILDERS,LLC CONDITIONAL CHANGE OF ZONING 9. CITY OF VIRGINIA BEACH CHANGE OF ZONING l0a/b/dd. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 COUNCILMAN UHRIN FILED DISLCOSURE ON ITEM#7 COUNCILMAN UHRIN FILED DISCLOSURE ON ITEM#9 COUNCILMEN MOSS and WOOD VOTED VERBAL NAY ON ITEM#70a COUNCILMAN MOSS VOTED VERBAL NAY ON ITEM#l0d December 6. 2016 65 Item-VIIJ PLANNING ITEM 066588 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1, Z 3, 4, 5, 6(MAYOR ABSTAIN), 7, 9 and 10a(MOSS and WOOD VERBAL NAY)/b/c/d(MOSS VERBAL NAY) 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, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John K Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 66 Item—VII-✓.7 PLANNING ITEM#66589 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for Modification of Conditions to increase enrollment and expand the hours at a private school at 4913 Wishart Road(approved September 15, 2015)DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for Modification of Conditions to increase enrollment and expand the hours at a private school at 4413 Wishart Road (approved September 15, 2015) (GPIN 178666381)DISTRICT 9—BAYSIDE Thefblloving condition shall be required: 1. A maximum of two-hundred (200) students, or as otherwise determined by the Building Official's office, shall be permitted to enroll each year. This Ordinance shall be effective in accordance with Section 107(9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Sixth day of December, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 O y - 0 f n) 1 N — I -_. , wri • Al� _ I . _ 4 f • � I , _,. 1. --7----- i ,, filk .4 ,:: .- ,-___, all a , . .a. .1 : 'mai / J XX\ I'Llj . , ?- 1/2\N§iliiii _ _ —73 w , b o ,,, s > 3 �r 5 1. l :1 T N N LI O r. .11 � • t _,-_ - 67 Item-VII-J.2 PLANNING ITEM#66590 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of THALIA ACRES, LLC for a Conditional Use Permit re a non-commercial marina at Steinhilbers, 653 Thalia Road DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THALIA ACRES,LLC for a Conditional Use Permit re a non-commercial marina at Steinhilbers, 653 Thalia Road(GPIN 7478900018)DISTRICT 5-LYNNHAVEN The following conditions shall he required: 1. The layout of the Pier shall be in substantial conformance with the Plan depicted on the Exhibit entitled, "Exhibit A, Proposed Non-Commercial Marina Thalia Acres, LLC," prepared by WCI, Inc., dated July 23, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The Pier shall serve only the patrons of the Restaurant during operating hours and shall not be open to the general public. 3. The long-term mooring of patrons'boats, the sale offuel or supplies and the repair of boats shall be prohibited. 4. The sale offood and beverages shall be prohibited on the pier. 5. Appurtenant permits from all federal, state and local agencies shall be obtained prior to the use of the pier. This Ordinance shall be effective in accordance with Section 1070W of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Sixth day of December, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 z,' Lcto \ \ �� ®c �o op.\:\ 0 0 �. n ,t i o c . • C C' ;44N04.2 I.y Ii ti V, a9 u.,- 0 Pqr N I ilk. re N. Lipat 6Thilli:e, c::3 4 `is41111\441. 0 I••1,1?* .0 \t * N .. -� � �� /� 68 Item—VII-J.3 PLANNING ITEM#66591 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of ERICA DANCEL and RAMON MEJIA for a Conditional Use Permit re a family day-care at 2749 Mulberry Loop DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ERICA DANCEL and RAMON MEJIA for a Conditional Use Permit re a family day-care at 2749 Mulberry Loop (GPIN 2405213613)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The Applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the Applicant, .shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area, and mounted flat against the residence. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, Sixth day of December, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 , %, .- • I '. • \ r- \ ft • .:, - / ; _ \ \ . . r_______ ( _ . fit ' , N 1T7 : r-----_, , 0 it 1 1 .,:z..,... i ri .i.::;::' L , .k___,. . . . r-c)---1 IX L r ' 1 1 • y e”'•••• , .1:),----_ r ' ' t - ' Tr i-----.., i iI LI Ce '-'itd"r *1&7.7$1.• , .g1.1 rl L 1 \ ' ,,,, ... tr _____, ,__.. . . ,' %,,X V . ,_ ) —I - . --,.., , , -....._„ ( li- 1 ri , L----,1 J (c) .14 ( nct . to . ..... -.7 . ...•, ••,. , . .... _. . a ... ..• . . ... , . .4, . ... , .., ,,,...„%.• ...., ... -_ .... . .., , .., -.... .... . 4,... :.. . ..., ....„.._. ..... ........,„_... Et" --- - ... ...... ......... ... ., • , , ... „• ,,.,.. ,.•.„ .„., „.„.._ ...... ... . .. . tr.o-- • -.. ....,-, / _ / ... ...-... _.... --_ . .. , ___..._..: . 69 Item—V11-J.4 PLANNING ITEM#66592 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of WILLIAM E. and EILEEN T. BYMAN and GREGORY and ANN CHAMBERLAIN for a Conditional Use Permit re a community pier at 824 and 828 St. Martin Drive DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WILLIAM K and EILEEN T. BYMAN and GREGORY and ANN CHAMBERLAIN for a Conditional Use Permit re a community pier at 824 and 828 St. Martin Drive (GPINs 1478838016;1478838169)DISTRICT 4—BAYSIDE The following conditions shall he required: 1. The Pier shall be constructed in substantial conformance with the Exhibit entitled, "Community Pier and Boat Lifts in W.B. Lynnhaven River at: 824-828 St. Martin's Drive, Virginia Beach, Virginia 23455, "prepared by WCI, and dated October 25, 2012, with the Professional Engineer seal of Tom B. Langley, dated August 19, 2013. 2. A legal means of ingress/egress shall be recorded that provides access to the full width of the Pier by both property owners of 824 and 828 St. Martin Drive within ninety (90) days of the completion of the construction of the pier. 3. All Permits shall be obtained from all appurtenant regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier and boat lifts. 4. No commercial use of the pier shall he permitted. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of December, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 . C., V . 77-77 0 04 . all ‘‘‘s...........NN.N. ..-.-.- t I. ...- ... • .. 1 lt IN it 1 .---- -* .... . . ., -. . . . \ . . / \ \ . . 4 4 -- Li -. ---. _ ....,... . -., . _ -_ - . . ---- -____ .--- _.-- IX . / 70 Item—VII-J.5 PLANNING ITEM#66593 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of DISCIPLESHIP TABERNACLE HOLLAND LAKES ASSOCIATES, LLC for a Conditional Use Permit re religious use in a Shopping Center at 3478 Holland Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DISCIPLESHIP TABERNACLE HOLLAND LAKES ASSOCIATES, LLC for a Conditional Use Permit re a religious use in a Shopping Center at 3478 Holland Road (GPIN 1486737186) DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The occupancy shall he ac established by the Building Official's Office and the Fire Marshall. 2. The Applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department. The Applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of December, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 ' -11 JIT- - IIIII°r -- 0 .... 03 1 go ,- It 7, ,,,--- .," _- fr \ ( , , -"CN - „ ct: , . \re* ( t -• \ • QI \ . IltAl . ....--.. Cl N _ ------ CL Z N. • 77-47;:-- , " \49 I ..- .7 ...-- \1 7 .." ...."....--- ) - - 0 .. - rref.7777 \ e ///7 o i , ///V I •if 1\ — - 71 Item—VII-J.6 PLANNING ITEM#66594 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of SANDBRIDGE TATTOO and GENERAL BOOTH PROPERTIES OF VA BEACH, INC fir a Conditional Use Permit re a tattoo parlor at 2336 Elson Green Avenue DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SANDBRIDGE TATTOO and GENERAL BOOTH PROPERTIES OF VA BEACH, INC for a Conditional Use Permit re a tattoo parlor at 2336 Elson Green Avenue (GPIN 2414245920)DISTRICT 7—PRINCESS ANNE The fallowing conditions shall he required: 1. A Business License for the Tattoo parlor shall not be issued to the Applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of Tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage,for the Tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a Sign Permit. This Ordinance shall he effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of December, 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, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: Rosemary Wilson December 6, 2016 / . . czy-:. c.:, , :. :: ..,_ skit7 ,,c../ :.,..„•:-/),/, ---,77>z,:c1/ ids ?ii.K.,-• . . . . , i -141., '1 ' "telft/7-1. 7" - • , • r , ,• ••:___ . ..... .. . ...... .4.., , ,... ._ .., 1 ,.. '''. ._, 0 1 ii.t " - / fr, VA,\ .C.7 , ., '. ‘ k‘ , , -.„„ , ----_ ......-^'-‘,„ i „ 2 .- ; ti „„ „ ,.. --... '.... .„ ... „ --- ---"- .....„, ---.. -- ? i .... .. ., ____. „., .„ ...v....,;,.. i .„....„, :,.. ii rcc, , ..„.„: : -.. '--„/ i I Th_ _ i / .....C''''", e :: -.. "-- .-._ „. .. „ -,_ , ----- „ -..„ ...„, Ii_ .1 ) . i 1 / ' 11 e N A- N lg. / %. NI •-•.. .. • 4 •._,, i:0 ... . 0 e 4. . •-•—„ l ,.4• :\11%. , . 4 r 4 . e ‘t! ‘ • 4 .,_ , , , e „... --•.__ i. i , , 4 . _.... ...." I . , ..- -c.„ .' • ' ' ',15---- .\ „.....'"'- ....""..- • ••••••W.s..."1. .....''-j--.- i , 1 i CirThil 12.1r-'-. . ,.... C. A. Atee..7( 40 JA 4 10 46_0 QI fa, Cs11* . /at • A b ON JP, _ ' ili .. 0 l illi i' /fr?;.9 N• N..,.. r . . ' r:1 011-.i1 ..'..`.."-,:. •n0•i-,n•i•4 4.t io',•si i1/2-X- ' zCMI 1141t 0 CD I , •\ r , qv. 0 <Ce ; : 6 : . (0 < .. . • • ; • ; OF4 City of Vir�is1ia f eac1h ce r F ou ow v .com WILLIAM D.SESSOMS.JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 234569000 (757)36574581 FAX(757)3656699 wsessoms®.ogovcorn In Reply Refer to 0059400 December 6,2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Sandbridge Tattoo for a conditional use permit for a tattoo parlor at land owned by General Booth Properties of Virginia Beach, Inc. and located at 2336 Elson Green Avenue. 2. Both the applicant and the property owner have disclosed that TowneBank is a financial services provider with respect to the application and the property that is the subject of this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- December 6, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, vv William D. Sessoms Mayor WDS/RRI 72 Item—VII-J.7 PLANNING ITEM#66595 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) and CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor cultural and fund-raising events at 2200 Parks Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY I HE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA MUSEUM OF CONTEMPORARY ART (MOCA) and CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor cultural and fund-raising events at 2200 Parks Avenue (GPIN 2417880355) DISTRICT 6 — BEACH The following conditions shall be required: I. Prior to each 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. 2. No less than one trash receptacle per one thousand (1,000) square feet of area shall be provided. All trash receptacles shall he emptied regularly so as not to overflow and litter and debris shall he not be allowed to accumulate. This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the SLeth day of December, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara Al Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessom.s, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 r l ' �� OC LL y � L. Ly F cLi, *4; WOOS vs S , , 414\ ,I ,I a O 0y� W J ,.. 111 111\11 111\\NIIIIIIIk 1 r; I T N Q ,firamt.* a al 03 t 4 . r. 441,/ 13 isit 4 i - N., , i n co 1 �I ' N .. a; r ' 12 r"1 I 1 1: = r .1 , - I 60A.BAC 46 vQ s3 City of Virginia Beach ss e.{ V f)V pv.CO1T1 JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-019TRICT 6-BEACH JUHRIN4VBGOV.COM Refer to File No. 0059404 December 6, 2016 Mrs. Ruth I lodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs, Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and-3115(11), Code of Virginia, 1 make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the application of Virginia Museum of Contemporary Art ("MOCA") for a conditional use permit for an outdoor recreation facility at City-owned property located at 2200 Parks Avenue. 2. I am a member of MOCA's Board of Trustees. I serve in a volunteer capacity, and I do not currently receive, nor have I previously received, compensation lot my service as a trustee. 3. Because I do not receive compensation for my volunteer service on the board,the City Attorney has advised me that the Act provides that I do not have a personal interest in MOCA and therefore am able to participate in this transaction without restriction. 4. I nevertheless have chosen to disclose my service as a trustee and state for the record that I am able to participate in this transaction fairly,objectively, and in the public interest. 215 ATLANTIC AVENUE. VIRGINIA BEACH. VIRGINIA 23451 Mrs. Ruth Hodges Smith -2- December 6, 2016 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) I respectfully request that you record this declaration in the official records of City Council. 'Thank you for your assistance in this matter. Sincerely, 1E. y �Uhrin Councilmember JEU/RRI 73 Item—VII-J.8 PLANNING ITEM#66596 Councilman Dyer advised this Application does not have any real" opposition; however, he has received concerns from citizens in the Glennwood Civic League regarding the location of the project and the potential increase in traffic and, as such, requested Mr. Miller address some of the concerns. Bob Miller, 5033 Rouse Drive, Phone: 490-9264, representing the Applicant, advised he is a Professional Engineer and not a Traffic Engineer. He received word of the concerns yesterday from Glennwood Civic League, primarily regarding the intersection qf Independence Boulevard and the existing Indian River Road. This property will be constructed after the new Indian River Road is built in 2019/2020. Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council DEFERRED FOR SIXTY(60) DAYS: Ordinance upon application of MCQ BUILDERS, LLC, ANNIE JONES HARRIS, JAMES C. and CATHERINE HARRIS and HOLLIS ROAD ASSOCIATES, LLC re a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 and A-I2 Apartment re twenty-nine (29) units at 4732, 4712, 4708 and 4704 Indian River Road DISTRICT I—CENTERVILLE Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Ses.somst Jr.,John K Uhrin and James L. Wood Council Members Abstaining: Al. Benjamin Davenport Council Members Absent: Rosemary Wilson December 6, 2016 osc 41A Begcih City of Virginia Beach •+S °` f4 OUR N ' M M.BENJAMIN DAVENPORT VBgOV.COIn COUNCILMAN PHONE (757)425-6611 AT LARGE BDAVENPO@VBGOV COM In Reply Refer to 0059402 December 6, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act§ 2.2-3115(F) Dear Mrs. Fraser: I would like to make the following disclosure: 1. I am making this disclosure regarding City Council's discussion and vote on the application of MCQ Builders, LLC, for a conditional change of zoning for property located at 4732, 4712, 4708 and 4704 Indian River Road. 2. Davenport Management Company has business interests with the applicant with respect to land that is the subject of this application. 3. I have a personal interest in Davenport Management Company, which is located at 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. 1604 WEST HILLTOP EXEC CENTER 4305,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- December 6, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, M. Ben Davenport Councilmember MBD/RRI 74 Item-VII-J.9 PLANNING ITEM 066597 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Ordinance upon application of CITY OF VIRGINIA BEACH re a Change of Zoning from A-12 Apartment and A-18 Apartment to P-I Preservation District re a public park at 120 Marshview Drive DISTRICT 6-BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CITY OF VIRGINIA BEACH re a Change of Zoning from A-12 Apartment and A-18 Apartment to P-1 Preservation District re a public park at 120 Marshview Drive (GPINs 241 7638556, 241 7731546, 241 7638455, 241 7 73 018 6, 2417734027, 241 7721866, 241 7724866, 241 782 089 0, 241 7625690, 241 7629740, 241 7724771, 241 77295 77, 241 76254 75, 2417628462, 241 7724423, 2417729477, 241 76251 79,2 41 76281 77, 2417724128, 241 77291 78, 2417615907, 2417618978, 2417715918, 241 761 7659, 241 7 713 734, 2417714742, 2417714942, 2417719838, 2417810879, 241 7811 611, 2417812549, 241 7813504, 241 7813407, 2417818250, 241 781 7439, 2417817518, 2417816663, 241 7 73 6469, 2417621142, 241 7811567, 2417816320, 241 781 73 77, 241 7815865, 241 7816078, 2417624483, 2417624681) DISTRICT 6-BEACH This Ordinance shall be effective in accordance with Section 1070,1 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixth day of December, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: Al Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 arx® , . '�. w 15„y:, it" 0,-es 1 r 06 SOS Cr). t IA��/ .' ,., - d� ,.4,.,ile: ,so aaam L,, y% N.11.:` ortel o 1 _*Sl rF+v' at t - elt ® �� 3' ti stooge lv-, i� 4 Wil. `fir 'JF9t n 040 El �,�, ao .; 1•' II" ,.. "'T 'moi 74f l;1 � a..,. t �� ita�e. r ,�{ � to,,,1,14: ter ow, , �4 ,a �® ",lyres a fi ,a tR ., goQ s l & j°in Vi ,nom ll '�� mi.-L Mt y a ' ytT db ad w tat nr. igat xa IN, iii �y f,�4� '! a ya vny,,,147- 1W 10 , '0D"* swornr. VA lAt slt keel it's � . a r 't yt♦ rho tole'‘ ray it\t a Ott no .: H.!-,11, \ L—. 0 . sa,• ' 76,1--10,1.71, T ng 1 lir s F 1 o y ids�'B13 a " ILO M"" 1'� � ' � aTRPy iP'N ' w lAt U `tea rl"�1 u"; Vi��yi';:tet lifiL 4� �44-3°' • ."ri WIn,it Vii` '°y�i 's• rgi�10 n�„`V•tellN R :ll ® f'max• 44,14ii pi _� u � �w,r w1: 1-yvu',STin,i 000\ , ti 0,31 p no „viai l00 Oty,,lCli'- iAtIal q� �P L • --- %Nl Won'pSt'ot is �” ;F ' F WitliV0.40. 60 t, iWr, W. e2 cu. y 7• '`0 ak 4tilt:� cis . '' `iil'i 11i.0 � tnlff.0 yw• A, .w� 4Wlli �1Qlifiaru X414 geed c J! +I s`e'ct i &w 'f�lll" .-�'�l��g+t �$'fr+!i?r'� ��LpFh, �j�� . ^^ lnl _r�3p' ` i\?IV; 001 ill 11111•5 aller.0 Ire ijal ,tom_Si" wti ' '�`�� , 01 I CI i ' o T liti le 4110 itacx, a +L?� �llr ` ' , \ \lit �� tin INIM t> \ \ ` ` o **P CO' LT '� I 1,FT I .` ` '�' �, `te Erb 1 Ei 4,' t}03 \ IN N1Z ,Ell a ' 1 \ Moan 1.9 Q� n r mn vwi �� \ r t AQc. P C n 1 W Mom raj Z' r 1 ` amen ns Q J `7Ezsi 172 � 1 Ohm Ce LO i ci rn � r 1 . 1, ',Il if '[ �! 7,rr, --`al � , I ,QL��N1A.BEACZ ll *1)F P 17,1 (il' 2 >• tl • City of Virinia Beach. 6i slit, o� z t�A pVX Npi3Ol�jj SOU tDOwSG 1JBV gb.COOI JOHNS UNPIN PHONE U57I 200-71)05 COUNCILMAN-DISTRICT 6-BEACH JUHRINf9VBGOV.COM Refer to File No. 0059405 December 6, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H). Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the application of the City of Virginia Beach for a change of zoning to P-1 Preservation District for City-owned property located at 120 Marshview Drive. 2. t have a personal interest in property located at 232 Indian Avenue as well as 304 Indian Avenue. The property that is the subject of the City's application is in the viewshed of my properties on Indian Avenue. 3. I am a member of a group—property owners who own properties that include within the respective properties viewshed the land located at 120 Marshview Drive– the members of which may be affected by this transaction. 4. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to my property is speculative, and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in 215 ATLANTIC AVENUE. VIRGINIA BEACH. VIRGINIA 23451 Mrs. Ruth Hodges Smith -2- December 6, 2016 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Since ly, J E. Uhrin Councilmember J F U/RRI 75 Item—VII-J.70a PLANNING ITEM#66598 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance: a. Section 235 re Signage for Housing joy Seniors and Disabled Persons Voting: 8-2 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. and John E. Uhrin Council Members Voting Nay: John D. Moss James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE TO AMEND SECTION 235 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO 3 SIGNAGE FOR HOUSING FOR SENIORS AND 4 DISABLED PERSONS 5 6 Section Amended: City Zoning Ordinance § 235 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 235 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 235. - Housing for seniors and disabled persons. 18 19 Housing for seniors and disabled persons shall be subject to the following 20 provisions: 21 22 (a) Fire standards. The fire chief of the City of Virginia Beach shall review each 23 application and make appropriate recommendations for fire protection 24 requirements which may be more stringent than those specified by the Uniform 25 Statewide Building Code. These recommendations may be made conditions of the 26 conditional use permit by city council. 27 28 29 (e) Sign requirements. Signs shall be permitted in accordance with the regulations of 30 the district in which the use is located; provided, however, that in residential 31 districts, housing for seniors and disabled persons shall be allowed one monument 32 (1) sign located at an entrance not to exceed twenty-four (24) square feet per face 33 or such other signaqe as may be specified in the conditional use permit. No such 34 sign shall have more than two (2)faces. 35 36 COMMENT 37 38 This amendment will provide for signage for housing for seniors and disabled persons in 39 residential zoning districts. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC ENCY: ( 5100\ \ih0 lra.w. Pepa. 4-nt City orney'sOffci CA13791/R-3 ' . •.st 31, 2016 2 76 Item—VH-J.106 PLANNING ITEM#66599 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance: b. Section 111, 401, 501 and 1110 re Residential Care for Seniors Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE TO AMEND SECTIONS 111, 2 401, 501 AND 1110 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO THE DEFINITION 4 OF RESIDENTIAL CARE FOR SENIORS 5 6 Sections Amended: §§ 111, 401, 501 and 1110 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 111, 401, 501 and 1110 of the City Zoning Ordinance is hereby 15 amended and reordained to read as follows: 16 17 Sec. 111. - Definitions. 18 19 20 21 Residential care for seniors. A single-family dwelling in which a resident thereof 22 or twenty-four f24) hour caretakers, for compensation, regularly provides care, 23 protection, and supervision for a maximum of three (3) persons sixty-two (62) 24 years of age or older •ho pro 'der'c e w n hom^ 25 26 27 28 Sec. 401. - Use regulations. 29 30 (a) Principal and conditional uses. The following chart lists those uses permitted 31 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 32 respective agricultural districts shall be permitted as either principal uses indicated by a 33 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 34 shall be prohibited in the respective districts. No uses or structures other than as 35 specified shall be permitted. 36 Use AG- AG- 1 2 Residential care for seniors, provided that no more than ono " ee other two (2) employees including a bona fide resident of the dwelling P P shall be permitted 37 38 Sec. 501. - Use regulations. 39 40 (a) Principal and conditional uses. The following chart lists those uses permitted 41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 42 respective residential districts shall be permitted as either principal uses indicated by a 43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 44 shall be prohibited in the respective districts. No uses or structures other than as 45 specified shall be permitted. 46 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Residential care for seniors, provided that no more than one (1) employee other than P P P PPP P P P X two (2) employees including a bona fide resident of the dwelling shall be permitted 47 48 Sec. 1110. - Land use regulation. 49 50 (a) The land use plan approved by city council, or as modified, for each panned unit 51 development project shall govern the development, and all land uses shall be in 52 accordance with it. 53 54 55 56 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 57 58 (1) Communication towers; 59 60 (2) Family day-care homes; 61 62 (3) Group homes; 63 64 (4) Kennels, residential; 65 66 (5) Religious uses; 67 68 (6) Residential care for seniors, provided that no more than one (1) employee-ether 69 than two (2) employees including a bona fide resident of the dwelling shall be 70 permitted; and 71 72 (7) Wind energy conversion systems, free standing and roof-mounted. 73 74 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a� rl Pei s Barry Fran e field •F B. Kay Wilso Planning II -partment , City Attorne 's Office CA13652 R-1 October 17, 2016 77 Item—VII-J10e PLANNING• ITEM#66600 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance: c. Section 1110 re Residential Care fir Seniors Voting: 10-0 Council Members Voting Aye: Al, Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and James L. Wood Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE TO AMEND SECTION 1110 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO RESIDENTIAL CARE FOR 4 SENIORS 5 6 Section Amended: City Zoning Ordinance § 1110 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1110 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 1110. - Land use regulation. 18 19 (a) The land use plan approved by city council, or as modified, for each 20 planned unit development project shall govern the development, and all land uses shall 21 be in accordance with it. 22 23 (b) Modifications to the land use plan by city council shall be in the manner of 24 a zoning change or by conditional use permit for uses designated in subsection (d). 25 26 (c) Within a PD-H1 District, all of the principal uses and structures permitted 27 within an A-12 Apartment District other than hospitals and sanitariums, together with the 28 following enumerated uses and structures, shall be permitted: 29 30 (1) Fraternity and sorority houses, student dormitories and student centers; 31 32 (2) Housing for seniors and disabled persons, with a conditional use permit; 33 34 (3) Marinas; 35 36 (4) Private clubs or social centers provided that clubs where conduct of 37 commercial affairs is a principal activity shall not be permittedrand 38 39 (5) Residential care for seniors, provided that no more than one (1) employee 40 other than a bona fide resident of the dwelling shall be permitted. 41 42 (d) Within a PD-H1 District, the following uses shall be allowed as conditional 43 uses: 44 45 (1) Communication towers; 46 47 (2) Family day-care homes; 48 49 (3) Group homes; 50 51 (4) Kennels, residential; 52 53 (5) Religious uses; and 54 55 (6) Residential care for seniors, provided that no more than ono (1) employee 56 57 58 (76) Wind energy conversion systems, free standing and roof-mounted. 59 60 61 62 COMMENT 63 64 This amendment makes residential care for seniors a permitted use in the PD-Ht Zoning 65 District rather than a conditional use. Residential care for seniors is currently a permitted use in 66 other residential zoning districts. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Depa ment City P,t or'ey's Office CA13816 R-3 August 31, 2016 2 78 Item—VII-J.IOd PLANNING ITEM#66607 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance: d. Section 111 re Definition of Major Entertainment Venue Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Rosemary Wilson December 6, 2016 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 MAJOR ENTERTAINMENT VENUE 5 6 Section Amended: City Zoning Ordinance § 111 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 111 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 111. - Definitions. 18 19 20 21 Major entertainment venue. An establishment located 22 Arca other than in an Agricultural, Residential or Apartment District on any zoning lot of 23 one and one-half (11/2) acres or more in area and having more than three hundred (300) 24 feet of continuous street frontage on a public street or streets, the principal use of which 25 is to provide entertainment consisting of organized professional sporting events, 26 • • • • -- • - -- - - - • e , live theatre presentations or concerts, conventions, 27 museum exhibitions trade shows, rides or other attractions typically found in 28 amusement parks, or similar types of entertainment activities. 29 30 31 32 Sec. 218. - Major entertainment venue signs. 33 34 Signage for major entertainment venues, other than signage otherwise allowed, 35 shall be allowed only with the approval of the City Council and shall be subject to the 36 following requirements: 37 38 (a) An application for such signage shall be submitted to the Planning Director by 39 the property owner, contract purchaser with the written consent of the property 40 owner, or the duly authorized agent for the property owner. Applications shall 41 include a fee in the amount of Eight Hundred Dollars ($800.00), and the 42 required plan as described in subsection (b), along with any other information 43 required by the Planning Director. Applications shall be heard by the Planning 44 Commission and the City Council in accordance with the procedures prescribed 45 in subsections (d) and (e) of Section 221 of the City Zoning Ordinance. 46 47 (b) The sign plan shall show, in the form and manner specified by the Planning 48 Director, the type, location, setback, size, dimensions and height of all signs, 49 and any other characteristics of or information pertaining to such signage 50 deemed necessary by the Planning Director in order to adequately evaluate the 51 proposed sign plan according to the criteria set forth subsection (d). Individual 52 banners intended to display special or recurring events or activities shall not be 53 required to be approved separately, but it shall be sufficient that the sign plan 54 show the number, size and location of banners generally. 55 56 (c) Where a sign plan includes electronic display signage, the following additional 57 information shall be provided: 58 59 (1) The pixel pitch of the proposed electronic display signs; 60 61 (2) Whether such signs will display static or animated text or images, and the 62 dwell time for each display; 63 64 (3) The maximum and minimum illumination level in candelas per square 65 meter, and the times during which such illumination levels will be used; and 66 67 (4) In no case shall any electronic display sign contain, or be connected to, 68 audio speakers, and all electrical service lines providing power to such 69 signs shall be underground. 70 71 (d) The City Council shall consider the following criteria in acting upon an 72 application: 73 74 (1) The extent to which the proposed signage is consistent with applicable sign 75 regulations and Sign Design Guidelines, if any, of the district; 76 77 (2) The extent to which the proposed signage is consistent with the 78 recommendations of the Comprehensive Plan; 79 80 (3) The extent to which the scale, color, materials, shape, illumination and 81 landscaping of the proposed signage, considered as a whole, is compatible 82 with surrounding properties; 83 84 (4) The impact of the proposed signage on traffic safety, taking into 85 consideration the degree to which view obstructions are created or 86 improved, avoidance of confusion with or obstruction of traffic control signs 87 and devices, and other safety-related factors; and 88 89 (5) The degree to which the proposed signage is integrated into a unified 90 development concept, considering the building design, other signs, 91 landscaping, traffic circulation, and other development features of the 92 property. 2 93 94 COMMENT 95 96 This section is for reference only. No changes have been proposed to Section 218. 97 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning h-.artment Ci orney's Office CA13818 R-1 September 6, 2016 3 79 ITEM VII-K APPOINTMENTS ITEM#66602 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY POLICY AND MANAGEMENT TEAM—CSA HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC December 6, 2016 80 Item -VI-N ADJOURNMENT ITEM 666603 Mayor William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 6:49 P.M. (L19-1447 910 - Amanda Finley-Barnes, MMC Chief Deputy City Clerk 'd-oe-cam/ 'uth Hodges Fraser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia December 6, 2016 81 OPEN DIALOGUE William Bailey, 211 24" Street, Phone: 385-4687, President, Virginia Beach Firefighters, expressed concern regarding the new hiring practices of"EMT B". The Fire Department has not hired this class of EMT's since 2003 as everyone has had a more advanced training for certification. The Department does not need to go backwards which will result in hurting many citizens the Firemen serve on a daily basis. Mr. Bailey asked the City reconsider this decision and continue the hiring practices that have been in place since 2009. Susan Hippen, 5909 Cold Harbor Court, Phone: 479-9425, advised she is the Vice-Chair of the Virginia Beach Democratic Committee and expressed concerns regarding Minority Business Contracts in the City. Ms. Hippen feels it is imperative to keep the "playing field" level for all potential business developers. Investment is the "way forward" in order for the City to continue growing and keep families wanting to raise families, vacation and, most importantly, spend money in the City The City should conduct a Disparity Study as requested by Mr. Smith as the City cannot manage what is not measured. The City's refusal to conduct a Disparity Study suggests there is something to hide. Ralph Parham, 5509 S. Carol Anne Trail, requested the City Council consider conducting a study to consolidate the two Constitutional Officers with offices in Building 1 and consolidate them into the City Manager's Office. Dr. James Allen, 395 Old Great Neck Road, Phone: 499-8322, President - Virginia Beach Interdenominational Ministers Conference. Dr. Allen requested the City consider doing a Disparity Study as it is important for the City to 'find out where we are in order to know where we are not." Dr. Allen wants to make sure that the Disparity Study does not call for "set asides". In fact, a Disparity Study will have "inclusion portions"with the target goal of Minority and SWAM Businesses. ADJOURNED AT 6:58 P.M. December 6, 2016