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HomeMy WebLinkAboutDECEMBER 13, 2016 MINUTES otetw VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 13, 2016 Mayor William D. Sessoms, Jr. called to order the City Council's Briefing on the VIRGINIA WESLEYAN COLLEGE UPDATE in the City Council Chamber, Tuesday, December 13, 2016, at 4:00 P.M. Council Members Present: Al. 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 Rosemary Wilson Council Members Absent: James L. Wood Out of City 2 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 4:00P.M. Mayor Sessoms welcomed Dr. Scott D. Miller, President — Virginia Wesleyan College. Dr. Miller expressed his appreciation to the City Council for their continued support. Dr. Miller advised the College has spent the last nine (9)months developing a ten-(10)year Master Plan. The College has been approved to become a "Graduate Level"institution: v,, R C MASTER PLAN k & The Greer Environmental Sciences Center is currently under construction and completely funded by one donor: liriAr OatMF 1.. ;r III t '." .\,. � Lai.. December 13, 2016 3 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) ARRIVAL EXPERIENCE Below is the entryway to the Campus: > > > d W y�s December 13, 2016 4 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) RIF• 1 LL loos December 13, 2016 5 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) The College will begin constructing a new Fine and Performing Arts Center within the next two (2)years: SUSAN S. GOODE FINE AND PERFORMING ARTS CENTER `,EL'YAN 1 EW FINE ARTS BUILDING NEW PARKIN • 14)?botwitit • 4(.„' 44104. ti`'1,,,111)\str., 4,4,1 December 13, 2016 1_. 6 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) Below is a rendering of the 350-Seat Theater: 4 ti l t it ,rggi!li ;. Id_ �-.! - i i -.,. it . _ . _ The building will be constructed in three(3)phases: 41---,)c, 4 t•. . ..;mop 1. f-I Po.Au pLa t: Haw II-Art ed Mods II Maw III-Andean<W' IR,' I i ]u ir=T December 13, 2016 7 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) COMMONS The College anticipates growing by 300 traditional students: 11 4�F \ / t. • Il�41 B oik 6;,°'44, / 1 •7// GfsC / December 13, 2016 8 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) In order to accommodate the anticipated student growth, a 4,200 square foot building will be constructed: • 1441"1111101"St, f 1 = K � • CIRCLE AND PARKING • December 13, 2016 9 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) It is important to ensure ease to the in and out access of the campus: I HpfH ��egggr ER q H KER •I Gts VWC/YMCA PARTNERSHIP FACILITY ViT4 _. ,r rLEYAN December 13, 2016 10 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) The YMCA has partnered with the College and a donor has agreed to fund the building of a joint-use facility to support "Camp Red Feather": 11671.116;mt Below is a rendering of the trail that will lead back to Lake Taylor: 1 1..f_ _ iiii 7 _ -1 IJ!J5 ;E December 13, 2016 11 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) STUDENT HOUSING & 1111111101= ..—,,,r In order to accommodate growth, the college will construct three new residence halls: -.� GFSC 4441 f / - 3 NEMRESIDENCE C 11 HALLS 4, ir f 4, , • . i' 4%,/ „ . 11 t w , ... December 13, 2016 12 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) The College will construct additional "traditional housing" and the `pod-style housing" will be located on the Rose Lawn: fret.* TRAIL December 13, 2016 13 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) In an effort to protect the environment, a twelve foot trail will be constructed: ibr or- iv Witki ;; r xi)* 1 10 • 10, December 13, 2016 14 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) ATHLETICS AND 11�_ FLNCING FIELD FNT$ ()KORAIIVF Lam/ / PIERSRSANAND / FF fI �rJN tH✓F 1 /ROAD [NTenNu b 4 )111 December 13, 2016 15 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) • Below is a rendering of the access to Baker Road: r. ,Ark 711 ,3' • December 13, 2016 .,— 16 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) Additional improvements to the Baseball and Softball Stadiums will also be completed: at., .. a }y ;G t y . t f vv. --";-=',".--1,..- ---i'c =:,,,,:_=., ,_ t { 1.c.1N\ / 4i er 0 et \ l ' a . ° f December 13, 2016 • 17 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) LOOP ROAD EXTENSION The College will convert the gravel trail into a roadway that will loop around the entire campus: ). ..,, ki. j, - -,41-. 40)4 i • • , - „,,,e-N ,Th,„ ,1 .....:.. 4 i '1,it fr; 1414";;Nr s lc 0 " ,f 17 1 i. .-i 7 41:11Y T ` .Tv „....,r• r 1 ' r - RSA.le • ' December 13, 2016 18 CITY COUNCIL'S BRIEFINGS VIRGINIA WESLEYAN COLLEGE UPDATE ITEM#66604 (Continued) Below is a rendering of what the campus will look like in ten years: '''*r. ,,fi:-\''''Isr.. i — I-1' jr%itiorr milti , r r VA .4k./44 fAV ..... IL Ar 7, N. ( `1 iI r ✓ 1 . ( 4917: 4 ... . ,1 .7>,/ fr.: A'11 FULL N1ASI ER CLAN �e.-. _4 . . ' /x /I,; , i- V ( () L I MASTER PLAN 2016 Mayor Sessoms expressed appreciation to Dr. Miller for a job well done. December 13, 2016 19 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 4:25 P.M. Mayor Sessoms welcomed Patti Phillips, Director — Finance. Ms. Phillips advised the Finance Department has officially closed the City's financial accounting records for Fiscal Year ending June 30, 2016. This presentation will reflect the City Council's goal of creating a `financially sustainable City" by providing excellent services to provide transparent and understandable financial information: Comprehensive Annual MGl Yoh twd.h..30.70h AUDITED FINANCIAL '�i ""°reV it1 «, RESULTS FOR THE lr�ikar>tic , �. C '%i FISCAL YEAR ENDED ,,;.41. v� ,, .� . , , JUNE 30, 2016 77 f`.' 1_Tq�7"ii �„). DECEMBER 13.2016 .4,14, N7 Virginia Beach Ms. Phillips introduced Robert G. Bielat, Partner— Cherry Bekaert&Holland. Mr. Bielat expressed his appreciation to City Council and the Finance Department for their assistance. He provided the Agenda: AGENDA •Cherry Bekaert Comments •FY 2016 Audited Financial Statements •Entity Wide Statements - GASB 34 •General Fund •School Operating Fund •Water&Sewer Utility Enterprise Fund •Storm Water Utility Enterprise Fund •Waste Management Enterprise Fund •TIP Fund ■Debt - June 30, 2016 •Fiscal Year 2017 - Through November 30, 2016 CITY MANAGER'S BRIEFINGS December 13, 2016 20 COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) Presentation to City Council The City of Virginia Beach, Virginia December 13.2016 `1015 Cherry Bekaert" Below is the Engagement Summary providing an overview of duties: Engagement Summary ► You have engaged us to provide the following: • Audit of the City's,School Board's and Economic Development Authority's FY 2016 financial statements • Audit of the City's major federal programs required by the Uniform Grant Guidance • Audit of the City's compliance with the laws,regulations,grants and other agreements,including the City's compliance with the Auditor of Public Accounts'Specifications for Audits of Counties, Cities and Towns w_- December 13, 2016 21 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) Below is the overall Audit Results: Overall Audit Results r Our opinion on the 2016 financial statements was unmodified or "clean"opinion r Testing of material balances and transactions r Internal controls assessed for planning purposes only Cherry Bekaerr Overall Audit Results r Our opinions on compliance were unmodified or"clean"opinion r Internal control deficiencies over financial reporting and compliance r None reported r Compliance with grants,agreements,laws and regulations: None reported Cherry Bekaert December 13, 2016 22 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FYI6 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) Auditor's Required Communications ► Accounting Policies • Adoption of new accounting policies effective July 1,2015 • No significant accounting policies were adopted in the current year. • Change in accounting policies • The application of existing policies was not changed during FY16 Cherry Bekaert- / Mr. Bielat advised they found no audit adjustments, uncorrected misstatements and no disagreements with management: Auditor's Required Communications ► Management Judgment and Accounting Estimates • Allowance for Doubtful Accounts and Taxes Receivable • Depreciation Expense • Actuarially-computed Liabilities ► Disagreements with Management • There were no disagreements with management regarding accounting or auditing issues ► Consultation with Other Accountants • We are not aware of any December 13, 2016 23 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) Auditor's Required Communications • ► Audit Adjustments and Uncorrected Misstatements • None ► Difficulties Encountered in Performing the Audit • We encountered no difficulties in preforming the audit ► Material Client Communications • Representation letter Independence • We are not aware of any relationship that we believe, based on current authoritative guidance,would impair our independence C:Cherry E- Below is an overview of the new accounting and reporting changes: New Accounting and Reporting Changes GASB statements effective for FY 2017: • GASB 77, Tax Abatement Disclosures • Requires new financial statement disclosures with information about the nature and magnitude of the reduction in tax revenues through tax abatement programs GASB statements effective for FY 2018: • GASB Statement No.75—Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions • Requires governments to report a liability on the face of the financial statements for OPEB obligations C:Cherry Behar i December 13, 2016 24 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) Mayor Sessoms thanked Mr. Bielat,Ms. Phillips and the entire team for their work. Contact Information Krista Edoff Laura Harden Partner Manager 757.228.7058 757.228.7065 kedoff@cbh.com (harden@cbh.com C' Cherry Bekaert 11 _. Ms. Phillips advised the "Statement of Net Position"for all City Funds is$13.1-Million: STATEMENT OF NET POSITION - ALL CITY FUNDS JUNE 30, 2016 (IN MILLIONS) Community Development City Schools Total Corporation Current Assets $ 1.087.5 $ 166.7 $ 1.254.2 $ 5.2 Capital Assets 4,470.0 503.1 4,973.1 24.0 Total Assets $ 5,557.5 $ 669.8 $ 6,227.3 S 29.2 Deferred Outflows of Resources $ 55.3 S 58.3 $ 1136 $ Current Liabilities $ (96.6) $ (102.2) $ (198.8) S (1.1) GASB 68 Pension Liabilities (337.4) (667.3) (1.004.7) - Long-Term Liabilities (1,527.5) (15.2) (1.542.7) (1.5.0) Total Liabilities S (1.961.5) S (784.7) $ (2,746.2) $ (16.1) Deterred Inflows of Resources S (740) $ (61.7) $ (135.7) S Net Position: Net Investment in Capital Assets 5 3.046.1 $ 503.1 $ 3,549.2 S s 4 Restricted 622.6 37.0 659.6 Unrestricted (91.4) (658.4) (749.8) 4 7 Total Net Position $ 3,577.3 $ (118.3) $ 3,4590 $ 13.1 CAFR Exhibit 1 December 13, 2016 25 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) ENGAGEMENT SUMMARY •You have engaged us to provide the following: •Audit of the City's,School Board's and Economic Development Authority's FY 2016 financial statements •Audit of the City's major federal programs required by the Uniform Grant Guidance •Audit of the City's compliance with the laws, regulations, grants and other agreements, including the City's compliance with the Auditor of Public Accounts' Specifications for Audits of Counties, Cities and Towns 13 City Council adopted a Policy of maintaining a General Fund Balance of 8-12%of this subsequent year's revenues; and, in line with that policy, the Unassigned General Fund Balance at June 30, 2016, is$107.1 -Million, or 10.07%of FY 2017 Revenue: GENERAL FUND BUDGET TO ACTUAL JUNE 30, 2016 (IN MILLIONS) %of BUDGET ACTUAL VARIANCE Budget LOCAL $ 879.7 $ 881.0 $ 1.3 0.1% STATE 154.7 1545 (0.2) -0.1% FEDERAL 19.6 20.3 0.7 3.6% TOTAL REVENUES $ 1,054.0 $ 1,055.8 $ 1.8 0.2% CITY $ 634.6 $ 5939 $ 40.7 6.4% CITY CAPITAL PROJECTS 35.4 35.4 - - SCHOOLS 416.2 400.6 15.6 3.7% SCHOOLS CAPITAL PROJECTS 4.2 4.2 - - TOTAL EXPENDITURES $ 1,090.4 $ 1,034.1 $ 56.3 5.2% REVENUES OVER(UNDER) $ (36.4) $ 21.7 $ 58.1 FUND BALANCE-JULY 1 163.8 LESS:RESERVATIONS' (78.4) UNASSIGNED FUND BALANCE-JUNE 30 $ 107.1 Fund Balance as a percent of FY 2017 Revenues is 10.1% •Reflects encumbrances of$8.3 million CAFR Exhibit 5 December 13, 2016 26 CITY MANAGER'S BRIEFINGS COMPERHENSI VE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) TOTAL REVENUES - GENERAL FUND JUNE 30. 2016 ($1.8M OVER BUDGET IN FY16) ..-..e...*-...-a... .m,-......r-llaiett -�.rw• _-.DLR. • Real Estate Taws S 468.0 S 466.4 Personal Property Taws 89.8 95.9 Pets.Prop.Tax Relief Act 51.4 53.4 0.0 (kneal Saks Tao 59.8 61.1 13 Utility Taws 25.6 253 (0.1) Telecommunications Taws 18.2 17.2 (1.0) Business Licenses 46.8 45.3 (1.5) • Bore]tants 63 6.6 Ili • Restaurant laws 38.7 40.4 1.7 • Cigarette Tares 11.6 9.5 (21) Hunan Services-Charges for Services 285 25.9 (2.6) Other Charge for Services 273 26.7 (0.8) Other local Revenues 49.2 50.7 13 Co®aweahh-Maintenance of Roads 480 4&0 0.0 Commonwealth-Hunan Services 50.11 29.8 (02) • Comonweahh•Other Stair Revenues 272 23.3 11.1 •• Federal Revenue>-Human Services 18.4 19.1 11.7 • Federal Revenues-Other 1.2 1.2 0.0 TraOakm from Other Funds 9.8 9.8 0.0 S 1.054.015 .055.8 1.8 •GFprllea.aly ••:dors art lacl.ds PPJRA portio. 1.,....-)'acred Midget n,.1-Eder B.dgcl Below is the history of the Unassigned General Fund Balance: UNASSIGNED GENERAL FUND BALANCE AS OF JUNE 30, 2007 THRU 2016 (IN MILLIONS) 1200 16C• 11.9% 8150 • 11.0% '-1.2.0% 30.1 ..10.7%.10.t% 10.4% 10.1% 8.9% 9S% 9.3% -A6. i-ssoo • 8.0% i2 S so iuuIPuuuI I_0.0% 2007 2008 2009 2010 201.1 201.2 2019 2014 2016 2016 as Unastigned IF Balance -•^%of Budgeted OF Revenue 1 December 13, 2016 27 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) Total Reversion to the City from the School's Operating Fund for FY2016 was$15.6-Million: SCHOOL OPERATING FUND - REVENUES & EXPENDITURES BUDGET TO ACTUAL AT JUNE 30, 2016 (IN MILLIONS) Budget Actual Variance REVENUES: City $ 404.0 $ 404.0 $ - State Share of Sales Tax 71.8 72.4 0.6 Commonwealth 250.0 249.6 (0.4) Federal Government 12.5 11.0 (1.5) Other 11.1 11.4 0.3 Total Revenues $ 749.4 $ 748.4 $ (1.0) EXPENDITURES: Instruction $ 530.8 $ 522.9 $ 7.9 Admin&Pupil Transportation 57.0 54.8 2.2 Operations&Maintenance 93.5 89.4 4.1 Technology 32.6 31.2 1.4 Debt Service 44.8 44.1 0.7 Total Expenditures 5 758.7 $ 742.4 $ 16.3 Total Reversion to City* $ 15.6 Per City Council polity.amount reverted back to City is reappropriated back to the schools.In addition to reversion,total revenue True-Up(34.11%or non Cledlcated Local Taves)0181 2M was reappropriated to schools In FY17. The Water and Sewer Enterprise Fund Net Change in Position is$13.8-Million: WATER & SEWER UTILITY ENTERPRISE FUND BUDGET TO ACTUAL AT JUNE 30, 2016 (IN MILLIONS) Budget Actual DIN Charges for Services $ 71.5 $ 76.2 $ 4.7 Sale of Water 44.4 45.3 0.9 Norfolk True-Up 0.8 0.8 Connection Fees 1.9 3.6 1.7 Other 1.7 2.6 0.9 Billing Services 1.2 1.2 - Total Revenues $ 120.7 $ 129.7 $ 9.0 Water Services Contract $ 24.9 $ 24.5 $ 0.3 Operating Expenses 55.7 47.0 8.7 Debt Service 24.8 19.1 5.7 Interfund Transfers 10.5 9.0 1.5 Transfers to CIP 16.3 16.3 0.0 Total Expenditures $ 132.2 $ 115.9 $ 16.3 Net Change $ 13.8 December 13, 2016 w 28 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) The Stormwater Utility Enterprise Fund Net Change in Position is$4.8-Million: STORM WATER UTILITY ENTERPRISE FUND BUDGET TO ACTUAL AT JUNE 30, 2016 (IN MILLIONS) Budget Actual Duff Charges for Services $ 39.3 $ 39.4 $ 0.1 Other 0.5 0.6 0.1 Total Revenues $ 39.8 $ 40.0 $ 0.3 Operating Expenses $ 26.4 $ 20.7 $ 5.7 Debt Service 3.4 3.4 - Interfund Transfers 2.7 2.6 0.1 Transfers to CIP 8.5 8.5 - Total Expenditures $ 32.5 $ 35.2 $ 5.9 Net Change $ 4.8 The Waste Management Enterprise Fund Net Change in Position is$2.0-Million: WASTE MANAGEMENT ENTERPRISE FUND BUDGET TO ACTUAL AT JUNE 30, 2016 (IN MILLIONS) Budget Actual Diff Charges for Services $ 32.4 $ 32.6 $ 0.2 SPSA Rebate 4.0 4.2 0.2 Other 0.9 0.9 Transfer from GF 5.2 5.2 - Total Revenues $ 42.5 $ 42.9 $ 0.4 Program Support $ 1.0 $ 0.8 $ 0.2 Waste Disposal 21.7 20.6 1.1 Waste Collection 11.8 10.8 1.0 Yard Debris/Hazardous Waste 2.3 1.4 0.9 Recycling 5.0 4.8 0.2 Billing Services 0.5 0.5 Transfers to General Fund 2.1 2.0 0.1 Total Expenditures $ 44.4 $ 40.9 $ 3.5 Net Change $ 2.0 December 13, 2016 29 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) TOURISM INVESTMENT PROGRAM (TIP) SRF BUDGET TO ACTUAL AT JUNE 30, 2016 (IN MILLIONS/ Budget Actual DIN Hotel Room Tax(5%of total 8%) $ 16.1 $ 16.9 $ 0.8 Restaurant Meal Tax(1.06%of total 5.5%) 11.7 12.2 0.5 Amusement Tax(10%) 6.4 7.0 0.6 Cigarette Tax(5 cents of 75 cents/pack) 0.8 0.7 (0.1) Other 1.7 1.5 (0.2) Total Revenues $ 36.7 $ 38.3 $ 1.7 Debt Service $ 24.1 $ 23.1 $ 1.0 SGA Special Events 4.0 3.6 0.4 Operating Expenses 5.6 2.8 2.8 Transfer to Sandbridge SSD 2.4 2.7 (0.3) Transfer to Multimodal 0.8 0.8 - Total Expenditures $ 36.9 $ 33.0 $ 3.9 Net Change In Fund Balance $ 5.3 Below is the City's Long Term Debt with specifics regarding funds allocated: OUTSTANDING DEBT BY PURPOSE AS OF JUNE 30, 2016 Total Outstanding Debt-$1.302B ABrkultare Reserve Program 3.26% General Government , ,Storm Water 51.61% 3.97% Water and Sewer 16.81% Total Tax Supported Debt -$005.5M Schools Total Self Supported Debt 24.85% Net Debt per Capita -$306.5M -$2.195 December 13, 2016 30 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) FY16 SUMMARY ■ Fund Balance of$107.1M within City Council Policy, higher than FY2015 • 10.1%FY16 vs 9.3%FY15 • Reservations for FY17 operating budget Include: •Waste Management-$10.1M •School Reversion&Revenue Sharing-$16.7M • FY17 CIP Budget-$8.0M • Hurricane Matthew Relief-$7.7M(additional SIM approved 11/15) ■ General Fund revenues of$1.055B were 0.2% ($1.8M) over budget • Increase of 3.8%($38.8M)over prior year ■ General Fund expenditures of$1.034B were 5.2% ($56.3M) under budget • Increase of 0.9%(S9.1M)over prior year ■ Pension Liabilities total $1.0058 Citywide • Includes 5337.4M for the City and$667.3 for the Schools INTERIM FINANCIAL REPORT FY2017 THROUGH NOVEMBER December 13, 2016 31 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) FY2017 GENERAL FUND REVENUES AND & EXPENDITURES BUDGET TO ACTUAL THRU NOVEMBER 30, 2016 (IN MILLIONS) Annual YTD Revenues Local (84.1%of budget) S 9449 S 311.0 S (633.9) State (55%of budget) 101.2 25.9 (75.3) Federal (19%of budget) 19.8 65 (13.3) Total Revenues S 1,065.9 S 343.4 S... ._1722.5 Expenditures City Operanons S 659.8 S 300.8 S 359.0 City Capital Pro)orts 382 11.8 26.4 School Operations 418.4 172.4 246.0 School Capital Projects 3.6 1.5 2.1 Total Expenditure S 1,120.0 S 486.5 S 633.5 Less Amounts Funded from Fund Balance Encumbrances/Carryforwards at 6/30/15 S 8.8 City and School Capital Projects 9.6 Waste Management Fund Support for SPSA 10.1 Hurricane Matthew 8.8 School Reversion 16.8 Adjusted Expenditures S 1,065.9 Departments are spending below the trend line: FY2017 GENERAL FUND REVENUES & EXPENDITURES COMPARED TO HISTORIC TREND AT NOVEMBER 30, 2016 ACTUAL REVENUES=$343.4M I ACTUAL EXPENDITURES=$486.5M 81.9 f ft0n 163 68.6' $ 60.6 6076 - 53.0 557% 15.1% 492% sow• f741i_ 3A% 45.3%__. _ 42.5% 3 7i 287% 35.4% 32.8% 20.1%�26.3% is;% .� 8.9% 13.6% 7 11.9% 8'I%-- 13.6% 2% 40% i 9.695 ov, IWt 3k Aug Sep Ott Nor Den Mu Pub Mar Apr Nal Inn -n-Rn-Tnnd -!•%OIFYI7Bn%Art -4-1133tonre heed ..%b1Yt74p'edset I December 13, 2016 . , i,. 32 CITY MANAGER'S BRIEFINGS COMPERHENSIVE ANNUAL FINANCIAL REPORT(CAFR)FY16 and NOVEMBER GENERAL FUND UPDATE ITEM#66605 (Continued) FY2017 SUMMARY THRU NOVEMBER 30, 2016 ■Still need to collect 67.8% of Revenue ■ 1°'half of Real Estate Taxes due December 5, 2016 • Includes Tax Relief for Elderly&Disabled of 513.8M ■ Business License Tax Due March 2017 - est. $46.4M ■ 2"half of Real Estate and Personal Property due June 2017 ■Other Local Tax continues to be trending upwards •Sales Tax-2.9%above FY16 •Hotel Tax-3.5%above FY16 •Meal Tax-4.4%above FY16 ■ Departmental expenditures up 4.1%from prior year Below are the Next Steps: NEXT STEPS ■ December Interim - 6 months Jan. 17. 2017 ■ FY17 Budget Proposal March 2017 ■ FY17 Budget Adoption May 9. 2017 Mayor Sessoms expressed appreciation to Mrs. Phillips and the entire Team for a job well done. December 13, 2016 33 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 4:50 P.M. Mayor Sessoms welcomed Phil Davenport—Director;Melanie Coffey-Engineer;and, Phil Roehrs- Water Resources Engineer, Public Works. Ms. Coffey expressed her appreciation to the City Council for their continued support: ! ' 5S FY 2018-2023 STORMWATER UNFUNDED NEEDS DECEMBER 13,2016 1111 OP I Ms. Coffey provided the Overview of unfunded needs: OVERVIEW OF STORMWATER UNFUNDED NEEDS Driving Factors of Unfunded Needs • Primary Components of the Fully Integrated Stormwater Program • Prioritization of Unfunded Needs • Project Detail of Unfunded Needs • Financing the Virginia Beach Enhanced Stormwater Program December 13, 2016 34 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) Below are some of the driving factors for the unfunded needs: SDRIVTOITE411r ING FAC OF U NEEDS • New MS4 Permit Requirements effective July 1, 2016 • New project proposals associated with the recent flooding from Hurricane Matthew • Increasing Maintenance Cost to address aging infrastructure • Increase Citizen Satisfaction by reducing maintenance cycle times There are three(3)primary components of the fully integrated Stormwater program: PRIMARY COMPONENTS OF THE FULLY INTEGRATED STORMWATER PROGRAM Water Quality & Flood Control Regulatory Phill Roehrs Compliance ] Melanie Coffey / .$ ,r4' } L. y Operations & Maintenance Cheryl Cole 4 December 13, 2016 35 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWA TER NEEDS ITEM#66606 (Continued) The Stormwater Committee agreed on a "tier structure prioritization"of the City's projects to cover all three components: STO PRI 011111.111111111111 NEEDS • Tier 1 — Critical Action that is pressing and is both important and urgent. This includes tidally influenced flood control projects. • Tier 2 — Necessary Actions to prevent predictable deterioration of assets or to minimize existing service impacts due to minimal system design. • Tier 3— Recommended Sensible improvements to current conditions. These are not required for the most basic function of the stormwater system but improve overall service and usability. These may also lower maintenance costs. Below is a prioritization tier summary of all of the unfunded needs: STORMWATER-PROGRAM PRIORITIZATION TIER SUMMARY Summary of Current FY17 Annual Operating Budget and Capital Improvement Program Operating Budget' Capital Improvement Other Program Total Program Program Expenditures (Revenue+Bonds) FY17 $25,194,296 $23,779,414 $7,165,387 $56.139,097 •Sum of budget units 10701-10709 Summary of All Tier 1,2 and 3 Unfunded Needs Water Quality! Operations Program Flood Control Regulatory and Totals Compliance Maintenance Tier 1 Unfunded Needs $362.200,000 $33.750,000 $8.400600 $404,350,000 Tier 2 Unfunded Needs $TBD $0 $35,100,000 $35,100,000 Tier 3 Unfunded Needs $TBD $13.000,000 $12,000,000 $25,000,000 Totals $362,200,000 $46,750,000 $55,500,000 $464,450,000 December 13, 2016 36 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) STORMWATER PROGRAM SUMMARY OF FififigkieffillnINSEEDS Unfunded Needs for Tier 1 Flood Control Projects CIP Project Title Funding Needs 7028 Windsor Woods Drainage $31100,000 SW-FC4 Princess Anne Plaza/Pecan Gardens Drainage Improvements $66,000,000 SW-FC3 The Lakes Drainage Improvements $28,000,000 7029 Eastern Shore Drive Drainage-Phase II $65,400,000 SW-FC1 Ashville Park Drainage Improvements $35,000,000 SW-FC2 Sherwood Lakes Drainage Improvements $20,000,000 7041 Central Resort District Drainage Improvements $113,000,000 7400 Aragona Drainage Improvements $1,400,000 7027 SW Master Plan-for each Sub-Watershed $2,300,000 Total $362,200000 Thirty (30) new positions have been identified as tier 1 needs with at least ten (10) additional positions under tier 2 need: STORMWATER PROGRAM PROGRAM IMP. ATION Additional Staff Required to Implement the Program • 26 FTEs in FY18 and 4 FTEs in FY19 Summary of Requested Positions by FY 18 SL3 Budget Issue FTE Needs Driver Flood Control-Engineers-2 FTEs&Construction Inspector-1 FTE Implement New Projects Implement New Projects. Storm Water Center of Excellence-Engineers-5 FTEs SLR/MP/Development Review Support MS4 Permit Program Management-Engineers,Media Coordinator,&Admin Implement New Projects/ Technician-6 FTEs FY18&Engineers&Scientists-4 FTEs FY19 Regulatory Compliance Implement New Projects/ Stormwater Data Management- Engineer Technician-1 FTE Regulatory Compliance Permit Related Project Management-Engineers-2 FTEs Implement New Projects/ Regulatory Compliance Enhanced BMP Inspections-Inspectors-2 FTEs Regulatory Compliance BMP/Environmental Maintenance Crew-Superviser&MEOs-7 FTEs Regulatory Compliance Total Funding Need $3,072,398 December 13, 2016 37 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) Mr. Roehrs provided the information regarding Flood Control: CIP BASIIMPUNFUNDERNEIIIIM FLOOD CONTROL Flood Control Water Phill Roehrs Quality - 3 � • iiiiiiir xi; Operations& • Maintenance The information regarding Windsor Woods Drainage is provided below: 7-028 WINDSOR WOODS DRAINAGE Tier 1 • Storm drain improvements to address severe roadway and structural flooding • Includes tide gate&pump station • Includes internal pump station WW fl J • Includes drainage pipe improvements • First Phase of construction 5/2017— 4/2018 • Construction:5/2017— 12/2023 Total Programed: t''- - - ,,,; $3.9M >$31.1M Additional Request -i'l' ,ri io December 13, 2016 .imi1111IhullW 38 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Princess Anne Plaza Drainage Improvements is provided below: PRINCESS ANN!'"LAIIIIMINNAGE IMPROVEMENTS Tier 1 __ • Storm drain improvements to address III severe roadway and structural flooding to the highest level of service practicable • Includes multiple pump stations • Includes Tide Gates • Includes drainage pipe improvements • Construction: 7/2018—6/2025 0,1 Project Split From Windsor Woods Project in FY18 $66M Additional Request The information regarding The Lakes Drainage is provided below: THE L.A ROSIENTS Tier 1 - • Storm drain improvements to ', address severe roadway and _ structural flooding • Includes tide valves&pump station E .E.AA.OKI 74. ,. • Includes diverting Holland Road MaHatticanetthew :' Y ".,,:, ' drainage away from the Lakes- directly to London Bridge Creek • Construction: 1/2021 —6/2023 :thy" v" • ,44: .. Irl. New Project in FY 18 , • ,w _ ham.. 1/ `' itik $28M Additional '• ' "� y4'' Request , : w f ,' 1'�.' J� December 13, 2016 39 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Eastern Shore Drive Drainage is provided below: 7-151 EASTERN SHORE DRIVE 151rAINAGE • Interim- Phase under construction Tier 1 completion(May 2017) ® ,,r • Phases I and II design &partial acquisition underway— (construction is not funded) 1 } -00 • Includes tide gates&pump -; „"R� ,. �• stations 'a.,:�.�� 4rkIrt,: ,;.,.,.•. • Includes canal improvements and A ‘. • }• "i�'= drainage pipe improvements • Total Programed: $17.7M $65.4 M Additional Request The information regarding Ashville Park Drainage is provided below: ASH1/EMENTS Tier 1 • Storm drain improvements to address severe roadway and property flooding • Includes tide gate&pump station ' e • Includes additional culvert interconnections between lakes • Under Preliminary Engineering Design (Complete March 2017) • Construction:6/2018—6/2022 $35M Additional New Project in FY 18 Request 16 December 13, 2016 40 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Sherwood Lakes Drainage Improvements is provided below: SHERWOOD LAKES DRAINAGE I OVEMENTS Tier 1 • Storm drain improvements to ^ , address severe roadway and property flooding • Includes pump station • Includes interconnecting two lakes • Under Preliminary Engineering Design (Complete March 2017) / •Construction:6/2019— 12/2021 $20M Additional New Project in FY 18 Request The information regarding Central Resort District Drainage is provided below: 7 _ RAINAGE I Tier 1 • Storm drain improvements to address severe roadway and structural flooding • Includes tide gate,pump station&ocean outfall • Includes internal pump stations and back- bone drainage pipe improvements • Interim Project: Redirect approx. 15 ac area of 21st St and Baltic Ave. to exist. 16th St.Pump Station • Construction:1/2020—6/2022 // 0• Jt' Total Programed: $0.3M "•;:= 4 $113M Additional Request 16 December 13, 2016 41 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Aragona Drainage Improvements is provided below: 71111111111111.11. 4VEMENTS Tier 1 t. •Storm drain improvements to F `; address severe roadway and property flooding • Rescoped in 2015 • Under Design •Construction: 1/2018—7/2019 Total Programed: * r4•. ' $2.3M ...�..� $1.4 M Additional . - L1 JJ Request • 17 7-027 SWARRASTEMPEOMMIG,MALYSIS, AND INVENTORY • Updating the City's 31 Stormwater .#. Watersheds Models ,,,...,.... • Includes Preliminary Drainage _ Analysis to identify future Capital Drainage Projects N �� • Models will be live and reside in the Center of SW Excellence • Funding necessary to accelerate the project Nith Total Programed: $10.6M Tier 1 $2.3M Additional s •, Request December 13, 2016 42 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) Ms. Coffey provided the following information regarding Water Quality and Regulatory Compliance: CIP 13111111111.111111MMED NM WATER QUALITY & REGULATORY COMPLIANCE Water Quality & Regulatory Compliance Flood Control Melanie Coffey l', .,..__, ,,-:,.,.,4ii 4W Operations& Maintenance The main driver of these needs is the new MS4 permit requirements and have been identified as Tier 1 needs to support minimum compliance with the programs. There is an unfunded need of about $5.5- Million for the Water Quality&Regulatory Compliance component of the CIP program: 7-042 SUMBEINVATEIFIVIEGUMORY COMPLIANCE PROGRAM Funds compliance activities for the new MS4 Stormwater Permit r • Program Administration and Reporting J Reporting,Training,City Facilities ___ vqF • Stormwater Pollution Reduction J Chesapeake Bay TMDL Implementation Current Funding • Operational Requirements $1.1 M/year Illicit Discharge&Improper Disposal Program,Industrial Stormwater Program Oversight • Infrastructure Data Management Additional Need _1 System,Outfall and Drainage Area Mapping $1.3 M/year • Public Outreach and Education J Outreach Programs,Website,& Residential SWMF Program 20 December 13, 2016 43 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding the Elizabeth River TMDL Implementation Plan is provided below: 7-406 ELIZABilifl INVER TINDL 1411r. IMPLEMENTATION PLAN • Identification — Design — Construction for TMDLs BMP Retrofit Projects Constructed Wetland Projects i Shoreline Management Projects n4 j Stream Restoration Projects • Local TMDL Action Plans for a Bacteria Current Funding $200 K/year — Additional Need $920 K/year Proposed Kemps Lake BMP Retrofit Project-$5.1M 2, The information regarding Stormwater Quality Improvements II is provided below: 7-414 STORM WATER QUALITY IMPROVEMENTS II • Identification - Design - Construction of water 4 quality improvements to meet compliance with C. Chesapeake Bay and Local TMDLs • • BMP Retrofit,Constructed Wetlands, Shoreline Management and Stream Restoration Projects Mill Dam Creek Before Construction • Regional Facilities and Cost Participation Projects • Action Plan Development for Chesapeake Bay and Local TMDLs • Private Property Retrofit Program& Projects • Comprehensive Water Quality Monitoring Program Current Funding Additional Need $1.15M/year $2.34M/year Mill Dam Creek Stream Tier 1 -Required by new MS4 permit Restoration After Construction 22 December 13, 2016 44 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Lynnahven Watershed Restoration is provided below: 7-15111 STORATION • Identification, Design, and Construction of water quality improvements to meet Chesapeake Bay TMDL ..�. , tit �` • .• J BMP Retrofit Projects s�^' °'t► J Constructed Wetland Projects u Shoreline Management Projects ' (L 1 Stream Restoration Projects 1/14;74r.-�: • • Local TMDL Action Plans Proposed Pembroke Lakes BMP Retrofit Project for Bacteria Total Estimated Project Cost 58M Current Funding Additional Need $309K/year $733K/year I The information regarding the Southern River TMDL Implementation Plan is provided below: 7-410 SOUTHERN RIVER TMDlogli. IMPLEMENTATION PLAN • Identification, Design, and Construction of water quality k'.,: improvements u Local TMDL Capital Projects ❑BMP Design &Construction Projects ` ■ Local TMDL Action Plans _i Phosphorus Bacteria ,/4111 Current Funding Additional Need '1_�_ $200 K/year $208 K/year 14\('F It\1 - - -_ --_ k;'"""' Frier 1—Required by new MS4 permit December 13, 2016 45 CITY MA NA GER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Water Quality and Restoration Participation Projects II is provided below: 7-043 W TION PARTICIP Lynnhaven River Basin Ecosystem Restoration Project Joint Venture with the Army Corps of Engineers(USAGE) • Phase I-Design and Acquisition 5.(� • Design of reef habitat and submerged aquatic vegetation • Cost Participation Agreement 65%ACOE/35%City-$1.5M • Phase II-Design,Acquisition,Construction Oyster Reefs in the Lynnhaven River • Total Project Funding-$38M Tier 1 —Match Federal Funding 1 Current $750K Additional Need Funding Level: $50K/YR Tier 3—Future Federal Funding Match $13M Additional Need Ms. Cole provided the following information regarding the Operations and Maintenance: CIP BASIBWORFUNBED NEEDS „ ,. OPERATIONSIID CE Flood Control Water Quality Operations & Maintenance Cheryl Cole December 13, 2016 46 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding the Oceanfront Stormwater Facilities Maintenance is provided below: 7-411 OCEANFRONT SW FACILITIES MAINTENANCE Current Funding=$750K/yr Tier 1 -Required for Flood Control rL f; Additional Need =$900K/yr • Seawall Concrete Joint Sealants: $300K/yr • Pump Station Slab Repairs: $200K/yr • Full Depth Boardwalk Repairs: $200K/yr • Stair Nosing Replacements: $200K/yr 2' The information regarding the Stormwater Pump Station Maintenance is provided below: 7-412 SW PUMP STATION MAINTENANCE Current Funding: FY 17&19+=$750K/yr,FY 18=$1.25M ^' • l Tier 1 -Required Tier 1 Additional Need=$500K/yr " Tier 2 •-",".. ; "• • 4!. Additional Need=$500K/yr ` • The 15 stations are aging - • Rehab/overhaul program developed Current plan: • FY 18-79th Street Station • FY 19-Goodspeed Rd&Ocean Park Stations - • FY 20-Cape Story Station • FY 21-Ocean view Station • FY 22-16'"Street Station • FY 23-42nd Street Station December 13, 2016 47 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Primary System Infrastructure Improvements II is provided below: 7-023 PRIIIRRY SYSTEIIIIIIIINPINIMJCTURE IMPROVEMENTS II Program Cycles: Current Funding=$2.27M/yr • 16 years-Original Cycle Tier 2 • 8 years-Goal Cycle Additional Need=$500K/yr • 12 years Current Cycle • 11 years-Cycle w/$500k more ► y Arrowfield Rd ORD(Zone F)Before Arrowfietd Rd ORD(Zone F)After 29 The information regarding Residential Cost Participation is provided below: 7-026 RESIDENTIAL COST PARTICIPATION Current Funding=$50K/yr Tier 2 Additional Need =$100K/yr • Citizen cost participation programs for road-side pipe and lake algae control • 600+lakes eligible for treatment at$5-10K per lake L{ A• w • December 13, 2016 48 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Lake and Canal Management II is provided below: T' • - - Current Funding: FY 17=$5.2M,FY18+=$4.9M/yr Tier 2 . Additional Need=$500K/yr . r • Increasing requests for canal dredging • Allows us to maintain current 95 yr cycle _ • Cost of Dam/spillway maintenance Brigadoon Lake#4 The information regarding Stormwater Infrastructure Rehabilitation and Improvements II is provided below: 7-416 SW INFRAsueucruge REHABILITATION $IMPROVEMENTS II Current Funding=$5.5M FY17,$5.75M FY 18+ Tier 2 • 47= Additional Need=$2.5M FY 18,$4.0M FY 19+ • •;,'.=-„ • Corrugated Steel Pipe Repairs-$1 Myr '"! ) • CCTV Funds-$1Myr '4, { • Cave Repairs-$1 M/yr 1 • Small Projects(4500k)-$1 Myr YY December 13, 2016 49 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) The information regarding Hollis and Pleasure House Roads/Shore Drive/Church Point is provided below: HOLLI S I SHORE DRIV ARTIAL New Project in FY 18 Tier 2 Funding Need=FY 18$3M • To address severe roadway and property flooding • Address initial system capacity limitations • Y tn. y The information regarding Canal Management is provided below: CANAL MANAGEMENT Funding Need=$2M/yr Tier 3 • 47 miles of canal&25 year New Project in FY 18 cycle • Restore urbanized canals to • original drainage capacity and - flow rates 49''* • Dedicated funding mechanism to address canals without • impacting lake dredging cycles +, • Typical projects similar to r Windsor Oaks canal projects December 13, 2016 50 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) David Bradley provided the•following information regarding financing the unfunded needs: FIN/TOWN TOW VIIIIIMPIIIMPENHANCED STORMWATER PROGRAM • Driving Factors of Unfunded Needs • Primary Components of the Fully Integrated Stormwater Program • Prioritization of Unfunded Needs • Project Detail of Unfunded Needs • Financing the Virginia Beach Enhanced Stormwater Program aS STORM WATER TIER I, II AND III FINANCING MODEL FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Real Estate Revenue$ 9,781176 $ 10,074508 $ 10,376,743 $ 10,688,046 $ 11,008,687 $ 11,338,948 ERU Revenue$ 4,078,410 $ 4,080,052 $ 4,081,695 $ 4,083,331 $ 4,084,980 $ 4,086,622 Operating Expenditures$ 3,072,398 $ 2,793,316 $ 2,844,266 $ 2,973,716 $ 3,066,566 $ 3,146,566 CIP Pay.as-youyo$ 7,740,833 $ 7,740,833 $ 7,740,833 $ 7,740,833 $ 7,740,833 $ 7,740,833 CIP Debt Service$ - $ - $ 1,486,518 $ 2,973,036 $ 4,459,553 $ 5,946,071 Total$ 10,813,231 $ 10,534,149 $ 12,071,617 $ 13,687,585 $ 15,266,953 $ 16,833,471 Revenue Minus Expenditures$ 3,046,254 $ 3,620,411 $ 2,386,821 $ 1,083,798 $ (173,286)$ (1,407,901) Cumulative$ 10,380,254 $ 14,000,665 $ 16,387,486 $ 17,471,284 $ 17,297,997 $ 15,890,097 •Variables %Debt Soria 75% %Pay-go 25% Real Estate Penny Rate Needed 1.8 - - - -Storm Water ERU Penny Rate Needed 4.5 • Rea'.Estate as%of Total Revenue 71% 71% 72% 72% 73% 74% ERU as%of Total Revenue 29% 29% 28% 28% 27% 264 hapact Analysis for Citizens ERU Annual Impact$ 16.43 $ 16.43 $ 16.43 $ 16.43 $ 16.43 $ 16.43 Real Estate Annual Impact'$ 42.81 $ 44.09 $ 45.42 $ 46.78 $ 48.18 $ 49.63 Total Impact$ 5913 $ 60,52 $ 61.84 $ 6320 $ 64b1 $ 6605 impact reflected would he net am as the 1.8 cents previously dedicated to Eght rat exist within the currently adopted 99 ant Real Estate Tax rate. December 13, 2016 51 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) RESIDENTIAL VERSUS NON-RESIDENTIAL REVENUE IMPACTS • Non-residential properties have a higher percentage of impervious surface • Shifting costs to the real estate tax rate moves more of the financial burden to residential properties • Tax-exempt organizations pay the ERU rate but do not pay real-estate tax rates OTHER CONSIDERATIONS a Impact of the current storm water program on rates/bonds • Continue refining the right mix of pay-as-you go and bond financing • Determine type of bonds to be issued • Revenue Bonds (financed by ERU rate)—Coverage • Public Facility Bonds—impact on debt indicators 9B December 13, 2016 52 CITY MANAGER'S BRIEFINGS FY2018-2023 UNFUNDED STORMWATER NEEDS ITEM#66606 (Continued) CLOSING STORMWATER UNFUNDED NEEDS FY 2018-23 Budget Issues • Flood Control has become a critical neighborhood issue and is more complicated and expensive • Stormwater Quality regulations and permitting are more demanding and compliance is mandatory • More complicated projects and regulations are increasing Operation and Maintenance Requirements • Aging infrastructure is increasing the amount of infrastructure maintenance • Existing funding in the stormwater utility is not adequate to address current and future years • Recent weather events have revealed our vulnerability to stormwater DISCUSSION NEXT STEPS Mayor Sessoms thanked City Stafffor the informative presentation and suggested City Council schedule a future date for further discussion. December 13, 2016 53 CITY COUNCIL COMMENTS ITEM#66607 5:40 P.M. Council Lady Kane read a letter dated December 13, 2016,from the Human Rights Commission, which is attached and made a part of this record. December 13, 2016 • `�GyNIA•BEy ti O -- 4C City of Virgiriia Seacl-i< U D et L.°op cum NiPAVN��� 'sew.' Xl g n,avxn HUMAN RIGHTS COMMISSION MUNICIPAL CENTER .7571385-1153 BUILDING IS 4424000RTHOUSE DRIVE VIRGINIA BEACH,VA 23453.9356 VIRGINIA BEACH HUMAN RIGHTS December 13,2016 COMMISSION MEMBERS. The honorable Mayor,William D. Sessoms,Jr. IRM"CUFF"RICE Members of City Council CHAIR RAJEEB ISLAM Dear Mayor and Council Members: 2nd VICE-CHAIR 6EATRIZ AMBERMAN The Virginia Beach Human Rights Commission would like to express their MICHAEL BERLUCGHI disappointment and concern with the abrupt cancelation and subsequent VIVIAN E.BLAZE postponement of the Cox I ugh School Gay-Straight Alliance(GSA) Assembly THOMASINECUBINE on the afternoon of Sunday. December 4; less than 24 hours before the event L DUFF KuewER.�R. was scheduled to occur. MARY MAmENA The Cox High School GSA Assembly was created by students in response to SYLVIA NERY-STRICKLAND an anti-gay bullying incident at the school. The student members of the Cox E.FORTUNATO"JOJO"ORENCIA JR. GSA acted in an appropriate manner and lead by their student advisor, FATHER JAMES E.PARKE followed protocol to request an assembly from School Administrators. The LUIS A-RIVERA.MA Ed GSA Assembly had been planned for months. In advance of the event, School TERESA STANLEY Administrators approved a script of speeches as well as a list of questions, submitted by students,for panel discussion. RONALD TAYLOR FRANCES KNIGHT THOMPSON The late announcement of the assembly's postponement. following what RABBI ISRAEL ZOBERMAN appeared to be undue pressure from elected members of the Virginia Beach STUDENT COMMISSION MEMBERS'. School Board, sent the wrong message to students, encouraged a culture of JOSEPH HYAIT bullying and further marginalized an already vulnerable population. The decision also fostered misunderstanding and distrust within Cox High School IAN LICHACZ and our community CITY COUNCIL LIAISONS'. Virginia Beach City Public Schools have cited the "Equal Access Act" as an BOB DYER explanation for the postponement of the Assembly. It is well known that club- SHANNON DS HANE led assemblies occur on a regular basis in Virginia Beach Schools. The Human EXECUTIVE DIRECTOR- Rights Commission is concerned that the "Equal Access Act" was selectively REGINA HILLIARD.HR DIRECTOR and inequitably applied because the nature of the GSA club, organizing the LEGAL COUNSEL. assembly, and the content of the assembly are regarded as controversial by ROD INGRAM.DEPUTY CITY ATTORNEY some. HUMAN RIGHTS COMMISSION LIAISON -Ihe Virginia Beach Human Rights Commission is additionally concerned that KATHY HINSON the pervasive media coverage. related to the postponement, has purported an image of exclusivity on our City. The story has spread widely, both nationally and globally, causing embarrassment for not only Virginia Beach's Schools, but also its populace. thus tarnishing our City's reputation as an inclusive community where all people are welcome and respected. The honorable Mayor. William D. Sessoms,Jr. Members of City Council December 13,2016 Pave 2 It is the Commission's hope that Virginia Beach City Public Schools accepts full responsibility for their actions, abruptly cancelling and postponing the December 5" assembly, by issuing a public apology to Cox High School students and to the citizens of Virginia Beach. Furthermore, the Commission requests a clear and unequivocal statement of support for the Cox High School Gay-Straight Alliance and all LGBT and allied students in our Virginia Beach City Public Schools without delay. Sincerely. ,p 9yv/ William"Cliff'Rice,Chair Human Rights Commission cc: VBPCS School Board Rod Ingram,Deputy City Attomcy Regina Hilliard.Director of Human Resources 54 CITY COUNCIL COMMENTS ITEM#66608 (Continued) Councilman Moss advised he was surprised to receive the Memo from the City Manager regarding his engagement of the Virginia Beach Delegation to assist him to have a Deputy City Manager position considered as 'law enforcement"for the purpose of the Virginia Retirement System. The City has some potential litigation with the employees in Animal Control and would like to discuss this during a future Closed Session. More concerning, when the City established this additional Deputy City Manager position, the City Manager never mentioned this nor was this ever advertised when the City was looking to fill the position. However, now that the position is filled, it appears the City is incurring additional expenses because of who was hired. Mr. Moss feels the City Council should have been consulted prior to the City Manager reaching out to the Virginia Beach Delegation to ask that they lobby on behalf of the City. This is not the way we should be doing business. Mr. Moss advised he will be reaching out to the Virginia Beach Delegation to advise them the City Council had no knowledge of this request from the City Manager and has not taken any action supporting the request. December 13, 2016 55 CITY COUNCIL COMMENTS ITEM#66609 (Continued) Councilman Dyer advised Lynnhaven Road 11 is now open and one of the first vehicles he saw on the road was a Firetruck responding to an emergency. December 13, 2016 56 AGENDA REVIEW SESSION ITEM#66610 5:46 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: !. ORDINANCES 1. Ordinances to AMEND the City Code: a. Section 2-411 and 12-21.1 re Coordinator of Emergency Management b. Section 18-108 re Temporary or Transient Businesses c. Article 11, Chapter 26 re Commercial Solicitation d. Sections 36-138, 36-145, 36-146, 36-147, 36-148, and 36-149 re Taxicab Driver Permits e. Section 27-3 re Police Records,Services and Fees 2. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's Lake Gaston Pipeline easement in Brunswick County, Virginia, by Transcontinental Gas Pipe Line Company, LLC A REVISED VERSION OF#Id WILL BE CONSIDERED COUNCILMAN MOSS WILL ABSTAIN ON ITEM#2 ADD ON Resolution in Memoriam of Dr. Hipol December 13, 2016 57 AGENDA REVIEW SESSION ITEM#66610 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING I. DAVID E. STINNETTE application for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations re a single-family dwelling at 726 24th Street DISTRICT 6 - BEACH 2. THOMAS A. BROWN / THOMAS A. BROWN AND WAYNE CHAMPIGNY for a Subdivision Variance to Sections 4.4(b) and (d) of the Subdivision Regulations to reconfigure Parcels 4 and K with no increased density East of Riddick Lane, North of Candle Pine Lane DISTRICT 7- PRINCESS ANNE 3. CHICK-FIL-A, INC. / POP STEAKHOUSE, LLC for an Alternative Compliance to Sections 2203, 2204 and 2210, Central Business Core District re a drive through restaurant at 4752 Virginia Beach Boulevard DISTRICT 4-BAYSIDE 4. TWO FARMS, INC / WOODS CREEK CORNER, LLC for Conditional Use Permit re automotive service and car wash at 2150 Centerville Turnpike DISTRICT 1 - CENTERVILLE 5. PROVIDENCE STORAGE, LLC/ROMERO ENTERPRISES, LLC for a Conditional Use Permit re Mini-Warehouse at 6009 Providence Road DISTRICT l-CENTERVILLE 6. NORTH LEGEND OUTFITTERS, LLC for a Conditional Use Permit re a home occupation for firearm sales at 2005 Meredith Road DISTRICT 4-BAYSIDE 7, NEW DAY CHURCH for a Conditional Use Permit re a religious use at 4080 Foxwood Drive DISTRICT 3-ROSE HALL 8. ANCHOR INNOVATION, INC/ANCHOR ASSET MANAGEMENT GROUP,LLCfor Conditional Use Permits re boat/vessel construction, maintenance, repair and storage yard at 532 Central Drive DISTRICT 6-BEACH 9. EMIL YUSUBOV/MUSTAFA ZAA TUT for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District and a Conditional Use Permit re auto sales at 1249 Oceana Boulevard DISTRICT 6-BEACH /0. VIRGINIA BEACH DEVELOPMENT AUTHORITY/CITY OF VIRGINIA BEACHfor Conditional Change ofZoningfrom AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District re Virginia Beach Biomedical Park land at the Northeast corner of Landstown Road and Landstown Centre Way and property adjacent to the South side of Princess Anne Road between Winterherry Lane and Tournament Drive DISTRICT 7 -PRINCESS ANNE II. CITY OF VIRGINIA BEACH Ordinance to AMEND: a. Section 230 of the City Zoning Ordinance (CZO)pertaining to Craft Breweries/ Distilleries and the preparation offood b. Sections 201 of the City Zoning Ordinance(CZO)pertaining to yard setbacks for generators and pool equipment December 13, 2016 58 AGENDA REVIEW SESSION ITEM#66610 (Continued) c. Section 301, 401 and 501 of the City Zoning Ordinance(CZO)pertaining to columbarium located in cemeteries as a principal use in the Preservation, Agricultural and Residential Zoning Districts d. Section 7.3.1 of the Oceanfront Resort District Form-Based Code pertaining to alternative compliance for parking requirements ITEM#1 WILL BE CONSIDERED FOR DENIAL MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCIL LADY HENLEY WILL VOTE VERBAL NAY ON ITEM#6 COUNCIL LADY HENLEY WILL VOTE VERBAL NAY ON ITEM#9 VICE MAYOR JONES WILL ABSTAIN ON ITEM#1k ITEM#11 d WILL BE DEFERRED INDEFINITELY December 13, 2016 59 ITEM#66611 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: LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3711(A)(7). • Arena Project 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 13, 2016 60 !TEM#66611 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION at 5:46 P.M. 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 Rosemary Wilson Council Members Absent: James L. Wood Out of City Closed Session 5:46 P.M. - 6:00 P.M. December 13, 2016 61 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 13, 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 13, 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: James L. Wood Out of City INVOCATION: Command Chaplain Chris Hester 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 has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act''), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict If, during his review of an agenda, he identifies a matter in which he has a 'personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to 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 13, 2016 62 Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank Three (3)years ago, Fulton Financial Corporation ("Fulton Financial")purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ('Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a "personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council Council Lady Wilson's letter()Pune 2, 2015, is hereby made a part of the record. Mayor Sessoms acknowledged Andrew Edghill Boy Scout Troop 499 December 13, 2016 63 Item—VI-E CERTIFICATION ITEM#66612 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John F.. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 • 64 Item -VI-F MINUTES ITEM#66613 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of December 6, 2016. Voting: 9-0 Council Members Voting Aye: M. 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. and John E. Uhrin Council Members Abstaining: Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 65 Item-VI-H MAYOR'S PRESENTATION ITEM#66674 RESOLUTION—In Recognition Amelia N. Ross-Hammond, Council Member Mayor Sessoms presented Council Lady Ross-Hammond a RESOLUTION in Recognition of her commitment to community service, her dedication to enhancing the Kempsville District as a part of the "Greatest City In The World" and her sacrifices which made her election to the largest city in the Commonwealth one to remember and to reflect her many accomplishments. Mayor Sessoms declared December 13, 2016, AMELIA N. ROSS-HAMMOND DAY. Those attending in recognition of Council Lady Ross-Hammond: Linda Bright Jim Bright Bobbie Grible Council Lady Ross-Hammond stated she was humbled and proud to have served the Greatest City in the World. December 13, 2016 �,SIN.— z ,%' rf1, RESOLUTION WHEREAS: Amelia If Rats-Hammond was elected to represent the Number Two Kempwille District on the Virginia Beach Cin Council, e[kcme January I,2013: WHEREAS: Council Lady Ross-Hammond holds a Doctorate al Philosophy in Education,Leadership,Curriculum and Instruction from the Uriversiry of Denver and is a grydtm¢of the University of Virginia Sorensen Political Leaden Program. Her public service includes an appointment to the State Council on the Status of Women. Prior to her election,she served as Vice Chair of the Virginia Beach Electoral Board a Director of the Virginia Beach Commtnlm Development Corporation.the Ciw's Diversity and&elusion Forum.African American Roundtable,and the State Boardja Behavioral health and Development Services: WHEREAS: Council Lady Ross-llammond served az a distinguished Professor and Director of Service-Learning and Civic Engagement ur Norfolk Spite University she cmntnr,ed to enrich the lives di numerous young men and worsen.especially through her musical talent and her terrific example of community service During her tenure on City Council.she reared front NSU to give more to her community and enhance the quality oflifor herj mily,especially her aged Mother and son,Anwar- She served at a Member of the Hampton Roads Planning District Commission Council Liaison to the Ariz and Humanities Commission--and was able to influencean additional 5100.000 to be added fa their City-budgeted funds.Historic Preservation Commission. Public Library Board. Communy Services Board,social Services Board, Human Rights Commission and the Minority Business Council. Virginia Municipal League recognized her leadership in naming her to the I/omen Development and Education Commission and she served on the executive board ley Young Audiences of Virginia as well as the State Director for the National Foundation of Women Legislators. She also was honored by the Governor's appointment to the Transportation District Commission i Hampton Roads:and. WHEREAS, Council Lady Ross-Hammond was able to secure$2.5-M for the Kemp.rvile Historical Overlay project. She formed the Kenrpsvdle District Community Coalition to study their amenities and guide the COannialayS development through modern zoning with historical significance The Wtchdudv£rincess Anne roadway improvements and development of the Kemps Landing Park were card/ monitDred and enhanced through Council Lady Ross-Hammond's intellectual guidance.She was instrumented in assisting the Baseball League in stahfishingand dedicating the Park with a statue of the First Baseman on the site of the original Pony League. Her liaison commitment to the FilipinoCommunity. h historical roots are in Kerpowille, led to the successful Sister City h being e d at the Park. She advocated and succeszpillv established the Kemp-Wile Entrepreneurship eurshi and Business Academy at Kemp-rifle Ifgh School. She was very influential in the building of a new Kempmlle Ree Center to open in 2017. succes idly acquired 4.83 acres of City-owned lard for the compaction of dm first African-American Cultural Center and collaborated for housing for Veterans and the Homeless.She was regionally sim_,.5pd in acquiring R8 acres ofpn space in Kempsvillef the riverfront Park in a partnership bpeen the Cire and the Elizabeth River Project. She supported the first African Virginia Beach week-end festival and brought the India Festival from Norladk to the Virginia Beach Ceor remion Center. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its formal deliberadom to recognize Council Cody Amelia a Ross-Hammond for her commitment to community s' e her dedicationenhancing the Kempsville which District a a partof Ore "Greaten City In The World'and her racr�ce which made her election so the largest n the Commonwealth one to tCmember and to reflect on her many accomplishments. BE IT FURTHER RESOLVED: That this Thirteenth day of December.Two Thousand Steen.be celebrated by all chhens as: AMELL4 N.Ross-HAMMONDp/�j, DAY are Cvnftlue caiw n t n4obert- - 6Dw uncilfPy Am N.Hmlr S6 . u cduk�nna � , ga m 7. ecoiafr.rE ti — Council rndy.kose WMon to di•to Wm' 'tiyr'";Jm. .Jr 66 ADD ON RESOLUTION ITEM#66675 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED the Resolution in Memoriam for Dr. Manuel Hipol. 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 67 ADOPT AGENDA FOR FORMAL SESSION ITEM#66616 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 13, 2016 68 Item - VI-I ORDINANCES ITEM#66617 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items I a/b/e/d(as Revised)/e, 2 (MOSS ABSTAIN) and ADD ON 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 69 Item -VI-LIa ORDINANCES ITEM#66618 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. Section 2-411 and 12-21.1 re Coordinator of Emergency Management Voting: 10-0 Council Members Voting Aye: Al Benjamin Davenport, Robert M. Dyer, Barbara Al. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John K Uhrin and Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 411 AND 12-21.1 OF THE CITY CODE 3 PERTAINING TO THE COORDINATOR OF 4 EMERGENCY MANAGEMENT 5 6 SECTIONS ADDED: § 2-411 AND 12-21.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 2-411 and 12-21.1 of the Code of the City of Virginia Beach, 12 Virginia, are hereby amended and ordained to read as follows: 13 14 Sec. 2-411. - Created; director; coordinator. 15 In accordance with section 44-146.19 of the Code of Virginia, an office of 16 emergency management is hereby created for and within the city. The city manager is 17 hereby appointed as director of emergency management. A coordinator shall be 18 appointed by the director, with the consent of council. The Deputy City Manager for 19 Public Safety shall be the coordinator of emergency management. 20 21 Sec. 12-21.1. - Functions. 22 The fire department, under the direction of the fire chief, shall be responsible for 23 preventing, suppressing, controlling, limiting, and extinguishing accidental or 24 intentionally destructive fires on land and water. The fire department shall be 25 responsible for controlling and supervising the provision of services that protect life and 26 property that include, but are not limited to, hazardous, combustible, radiological, and 27 explosive materials, including gas leaks; rescues at accidents of any nature involving 28 injuries and/or entrapments; technical rescues involving rope rescue, trench, aircraft, 29 and confined space incidences; situations involving an imminent danger or actual 30 occurrences of fire, explosion, and structural collapse; and maritime incidents that 31 involve fire, a technical rescue, and hazardous materials. action ,• fth tho fire 32 _-'- '_ : - _ _ - ••- -- - _ " . • _ - - --- - , The fire department shall also 33 support the emergency management coordination of the city and specifically assist in 34 evacuation activities, search and rescue of disaster victims, and any other emergency 35 response activities, as needed. The fire marshal shall investigate the causes of fires; 36 prosecute alleged arson, threats to burn, threats to bomb, post-blast investigations or 37 other related criminal acts; and enforce the Virginia Statewide Fire Code and related 38 codes as incorporated and/or amended. The police department bomb squad personnel 39 (also known as "Hazardous Device Technicians") shall be under the supervision and 40 control of the police special operations bomb squad commander while engaged in 41 render safe operations, device inspection, and recovery of hazardous devices. During 42 fire incidents and fire investigations of alleged arson, threats to burn, threats to bomb, 43 post-blast explosive device investigations, police bomb squad personnel will work in 44 cooperation with the fire chief. In cooperation with the department of emergency 45 medical services, fire department personnel shall be under the supervision and control 46 of the fire chief and the emergency medical services chief when engaged in emergency 47 medical services involving the treatment and/or transport of patients, pursuant to 48 sections 2-422 and 2-423 of this Code. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .Q��� r ver dlSteven R. Cover adley D rnette City Manager's Office y's Office CA13896 R-2 December 2, 2016 70 Item-VI-Lib ORDINANCES ITEM#66619 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: b. Section 18-108 re Temporary or Transient Businesses 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 18-108 PERTAINING TO 3 TEMPORARY OR TRANSIENT BUSINESSES 4 5 Section Amended: § 18-108 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That Section 18-108 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 18-108. - Temporary or transient businesses. 14 15 (a)Except as provided in subsection (b) of this chapter, every person who engages 16 in, or transacts any temporary or transient business in the city for the sale of any 17 goods, wares, merchandise or services and who, for the purpose of carrying on 18 such business, hires, leases, uses or occupies any building or structure, motor 19 vehicle, tent, car, boat or public room, or any part thereof, including rooms in hotels, 20 lodging houses or houses of private entertainment, or in any street, alley or other 21 public place, for the exhibition of or sale of such goods, wares, merchandise or 22 services, shall pay for such privilege a tax of $500.00. Any such person conducting 23 business in the city for thirty (30) consecutive days or more shall obtain the license 24 and pay the tax or fee required by sections 18.5 and 18-5.2 of this chapter. The 25 license required by this section shall not be transferable. 26 27 (b)(1)The sale of goods, wares, merchandise and services in the city by merchants 28 and vendors at a community event or an event conducted by a nonprofit charitable 29 organization is hereby recognized as a distinct activity. Any organization conducting 30 such an event may obtain an umbrella license from the commissioner of the 31 revenue that will satisfy the business license requirement for business transacted by 32 all registered merchants and vendors at the event. For any other business 33 conducted in the city by any such merchant or vendor, the appropriate license 34 required by this chapter must be obtained. 35 36 (2)The cost of the umbrella license described in subsection (b)(1) shall be $10.00 37 per merchant or vendor; provided, however, that regardless of the number of 38 merchants and vendors, the cost of such license shall not be less than $50.00 nor 39 more than $500.00. 40 41 (3)Notwithstanding subsection (b)(2) a community event sponsored by a nonprofit 42 church or other religious body or a nonprofit parent-teacher association may obtain an 43 umbrella license described in subsection (b)(1) for no cost provided: (i) the nonprofit 44 church or other religious body or a nonprofit parent-teacher association makes proper 45 application to the commissioner of the revenue; (ii) the duration of the community 46 event is limited to one calendar day; and (iii) such umbrella license is only applicable 47 to merchants or vendors and is not applicable to other activities such as the sale of 48 prepared food or alcohol. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of December 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 4 19i Philip ��✓ / hil J. Kel a Dana R. 'armeyer Commissioner of Revenue City Attorney's Office CA13833 R-1 September 12, 2016 M F �� Commissioner of the Revenue { I City Hall Virginia Beach,VA 23456-9002 Philip I. Kellam Conunia:ioner VNguv mm/or December 6, 2016 Mayor William D. Sessoms,Jr. Members of City Council Municipal Center, Bldg 1 Virginia Beach,VA 23456 RE: Proposed Item for December 13: Community Event Permits for PTAs Dear Mayor and Members Council: I have worked with the Virginia Beach City Public Schools to prepare an ordinance for your consideration at the December 13'"Council meeting. This ordinance would expand upon the current section of the City Code that authorizes community event or umbrella permits. Such permits allow vendors to sell goods and wares at events without requiring the vendors to have a separate business license. This authorization reduces the business license tax burden upon the vendors at such events. The City Code currently authorizes nonprofit churches and other religious bodies to obtain such a permit at no cost. The proposed ordinance would allow a nonprofit parent-teacher association(PTA)to obtain a community event permit at no cost. It is my belief that the ordinance would further the honorable mission of such PTAs. If you have any questions about this proposal, please feel free to contact me at 757.385.4251 or by email at pkellam@vbgov.com. Sincerely, Philip J. Kellam Commissioner of the Revenue 71 Item-V/-Lie ORDINANCES ITEM#66620 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code.' c. Article II, Chapter 26 re Commercial Solicitation 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. Mos, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: Jnmes L. Wood December 13, 2016 1 AN ORDINANCE TO AMEND ARTICLE II, CHAPTER 2 26 OF THE CITY CODE PERTAINING TO 3 COMMMERCIAL SOLICITATION 4 5 SECTIONS AMENDED: §§ 26-16, 26-26, 26-27, 26-30, 6 26-32, 26-33, 26-34, 26-35, 26-37, 26-38 7 8 SECTIONS ADDED: §§ 26-39, 26-40 9 10 SECTIONS RESERVED: §§ 26-28, 26-29, 26-31 11 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 That Sections 26-16, 26-26, 26-27, 26-30, 26-32, 26-33, 26-34, 26-35, 26-36, 26- 17 37, and 26-38 of the City Code are hereby amended and reordained, Sections 26-39 18 and 26-40 are hereby added, and Sections 26-28, 26-29, and 26-31 are reserved to 19 read as follows: 20 21 ARTICLE II. COMMERCIAL SOLICITATIONS 22 23 DIVISION 1, GENERALLY 24 25 Sec. 26-16. Rpsorvod.. Purpose Statement. 26 27 Soliciting, selling or taking orders for goods, wares, merchandise, publications 28 any article for future delivery, or any service or commodity whatsoever upon the 29 premises of any private residence, apartment house, or other place of human habitation 30 not having been requested or invited to do so by the owner or occupant thereof 31 presents an opportunity for greater deception, confusion and fraud that is not present in 32 other commercial transactions. The city believes that reasonable measures, including a 33 permit program, will serve the purpose of discouraging fraud, protecting privacy 34 deterring crime and promoting the health, safety and welfare of the community. 35 36 COMMENT 37 38 The purpose statement is the City's expression of its legislative intent to regulate door-to- 39 door commercial solicitation. The purpose statement defines the City's interest in protecting the 40 citizenry from fraud, deterring crime, promoting privacy and ensuring the general health, safety 41 and welfare. 42 43 . . . 44 45 DIVISION 2, PERMIT 46 47 Sec. 26-26. Permit required. 48 49 (a) It shall be unlawful for any person to engage in soliciting, selling or taking 50 orders for goods, wares, merchandise, publications, any article for future delivery, or 51 any service or commodity whatsoever, e• •- - - - •- -- - _ • - • 52 any other public place adjacent to the same, or upon the premises of any private 53 residence, ef-apartment house or other place of human habitation not having been 54 requested or invited to do so by the owner or occupant thereof, in the city, unless he 55 has a current permit so to do from the city--manager Police Department (hereinafter 56 "Department"). 57 58 (b) The requirements of this section shall not apply to those who sell or offer for 59 sale in person or by their employees ice, wood, charcoal, meats, milk, butter, eggs, 60 poultry, fish, oysters, game, vegetables, fruits or other family supplies of a perishable 61 nature or farm products grown or produced by them and not purchased by them for 62 sale; persons licensed by the state under title 38.1 of the Code of Virginia (1950), as 63 amended; persons licensed by the Virginia Real Estate Commission, pursuant to 64 section 54-749 of the Code of Virginia (1950), as amended; such activities when they 65 are conducted on behalf of a nonprofit charitable, civic or religious organization; outdoor 66 sales and exchanges which occur as an incidental part of the retail sales activity of a 67 merchant regularly conducting business from a permanent building where such sales 68 are conducted on the premises of the building and in close proximity to said building; 69 occasional garage sales in residential areas; sales made at flea markets duly licensed 70 by the city; or sales by wholesale merchants to retail merchants or industrial or 71 commercial establishments. 72 73 (c) Solicitinq with a valid permit upon a private residence that displays a "No 74 Solicitation" or similar skin shall constitute a class three misdemeanor for a first offense 75 and a class two misdemeanor for a second or subsequent offense within a twelve- 76 month period. 77 78 COMMENT 79 80 There are three changes to this section. First, the amendment narrows the scope of the 81 permit requirement to places of human habitation, which more closely aligns this code section with 82 the Virginia Code § 15.2-913. Second, there is a change to locate the permit process in the Police 83 Department, which is the actual location of the present permitting process. Third, there is a 84 penalty, provision for soliciting upon a residence with a "No Solicitation"or similar sign. 85 86 Sec. 26-27. Filing and contents of application. 87 88 Any person desiring a permit required by this division shall make application 89 thereof to the city-manager Police Chief or his authorized designee (hereafter "Police 90 Chief) in writing on a form to be furnished by the Department, which application shall 91 show: 92 93 (1) The name and address of the applicant and of each employee who will 94 operate under the permit; 2 95 (2) The name and address of the firm or corporation which such applicant 96 represents; 97 (3) The kind of goods, ware or merchandise offered for sale; 98 (4) Whether such applicant, upon any order obtained, will demand, accept 99 or receive payment or deposit of money in advance of final delivery; 100 (5) The period of time during which such applicant wishes to solicit, sell 101 and take orders in the city. 102 (6) A statement as to whether or not the applicant has been convicted of a 103 felony or misdemeanor, the nature of the offense or violation, the 104 penalty or punishment imposed, the date and jurisdiction of the 105 conviction, and other pertinent details thereof. 106 107 COMMENT 108 109 There are two changes to the filing requirements. First, the amended section locates the 110 application process under the police function. Second, the filing requirements ask the applicant to 111 give details of criminal history. 112 113 Sec. 26-28. Applicant-'sreference_. Reserved. 114 115 • _ _ 117 118 COMMENT 119 - 120 Removing the reference letter requirement is necessary to update the City Code and bring it 121 closer to the present process, which does not require these letters. The requirement of reference 122 letters raises concerns that such letters do not serve a practical purpose, that this requirement 123 serves to slow the process or that the letters provide unconstitutionally vague grounds for denial of 124 an application. 125 126 Sec. 26-29. '• _ = - _ - . • � = - _ , - • • • = - .. _ . - - -• Reserved. 127 128 . . • _ : - ••: : -- •• 130 131 COMMENT 132 133 Removing the fingerprint requirement conforms the City Code with the current process. 134 135 Sec. 26-30. Photographs of applicant and employees required. 136 137 - --=.. -• . _,138 satisfactory photographs of the applicant and of ach employee. One of such 139 photographs shall be disposed of as provided in section 26 35 and the other shall be 140 - - "- • - . Upon receipt of application, the police department shall 141 take a photograph of the applicant for use in the solicitation permit. 142 143 COMMENT 3 144 145 The changes to§ 26-30 clarify the application process. No longer is the applicant required 146 to supply the photograph. 147 148 Sec. 26-31. Applicant's-bond. Reserved. 149 150 _ _ ., _ . _• _ _,_ . : 151 - - • - ••• •= _ .._. ; . - ..: •- . : . - ' -- ' - 152 • --. .._ - • - - -_, :•: :: _ : • : : • - 154 : . _ :. ... rr _ _; • . _ . . _ _: •- :. • . 155 •- • -- - • - • - - • • - - - •- _ 156 •• _ •_ : - :: -: . . .:.: : ..: . ::. .. .. . .. : .. - -" 158 •- _ .. ._ : : - . 1. .'•-:. _ . .• :: -: - : •- - 159 _ _ _ .. _ •; . . • - : _ • - . . - - - _ ._ 161 162 COMMENT 163 164 Removing the bond requirement is advisable because similar bond requirements have been 165 invalidated by courts as either unduly burdensome or restraining interstate commerce. 166 167 Sec. 26-32. Fee. 168 169 An application filed under this division shall be accompanied by a fee of twenty 170 dollars ($20.00). Such fee shall be for the purpose of covering administration 171 i •.patio n costs and is not to be returned to the applicant if a permit is refused. 172 173 COMMENT 174 175 This edit clarifies the purpose of the permit fee. 176 177 Sec. 26-33. Investigation. 178 179 (a) 180 made by t The city—manager Police Chief or his designated representative shall 181 investigate the criminal record of the applicant prior to issuing any permit. The cost of 182 such record check is set forth in section 27-3. In reviewing the record, the Police Chief 183 shall pay specific attention to any felonies, violent crimes against the person, crimes of 184 moral turpitude or crimes involving fraud and/or misrepresentation, such conviction 185 being entered within seven (7) years preceding the date of application. The Police 186 Chief shall follow section 26-34 in response to this investigation. into the character, 187 - .. _ '••'•_ ._ -' 188 . . - -- - - 189 (b) Such investigation shall take place during a reasonable period of time. If 190 such investigation is to exceed a period of fifteen (15) days, the city-manager Police 4 191 Chief shall provide the applicant with a written statement specifying the reasons for the 192 delay in acting upon the application. 193 194 COMMENT 195 196 This amendment seeks to change the descriptive language of the investigation from 197 "character" and "reputation" to "crimes of moral turpitude," "fraud" and "misrepresentation." 198 Character and reputation are broad terms and present the potential for ambiguity and inconsistent 199 application. The investigation is directly tied to the City protecting its citizens from the particular 200 vulnerabilities of commercial solicitations. By focusing on crimes of moral turpitude, crimes 201 against the person, fraud and misrepresentation, the City and the applicant know the subject 202 matter of the investigation. 203 204 Sec. 26-34. Denial. 205 206 jai The cit=y-manager Police Chief may shall refuse to issue a permit applied for 207 under this division (i) to any person who has a criminal history of fraud 208 misrepresentation or unlawful conduct, (ii) an applicant who falsifies information on the 209 application, (iii) an applicant who has been denied a permit under this division within the 210 immediate past year, unless the applicant can and does show to the satisfaction of the 211 Police Chief that the reasons for such earlier denial no longer exist 212 213 (b) Evidence of a criminal history of fraud, misrepresentation or unlawful conduct 214 includes but is not limited to been-oonv^• otod the conviction of a felony, a crime of moral 215 turpitude, violent crimes against the person or a crime involving fraud or 216 _ . . _ . . a- e- .._ _.. e e . . . a • a--• .r '_ -e e 217 felony, a crime of moral turpitude, or a crime involving fraudulent practices or 218 misrepresentation within the seven (7) years immediately proceeding the date of the 219 application- 220 221 jc) The Police Chiefs disapproval and the reasons for disapproval shall be noted 222 on the application, and the applicant shall be notified in writing that the application is 223 disapproved and that no permit will be issued. Notice shall be mailed to the applicant at 224 the address shown on the application form or personally delivered to the applicant; and 225 226 (d) Any appeal of an adverse decision by the Police Chief shall follow the process 227 stated in section 26-39. 228 229 COMMENT 230 231 This amendment provides four changes. First, the change of the permissive "may" for the 232 mandatory "shall" limits the discretion of the government employee charged with making the 233 decision to issue a permit. Second, the language shifts from the existence of a criminal charge to 234 that of"a criminal history of fraud, misrepresentation or unlawful conduct." An applicant with a 235 criminal history of fraud, especially in the previous seven years,would be the proper subject of the 236 denial of an application. Third, the code section requires the applicant be informed that the 237 application is denied and the reason for the denial. Fourth, this provision provides for an appeal of 238 an adverse decision. The presence of an appeals process demonstrates the City's desire to get the 5 239 application process right and allows for the applicant to get the decision maker to take a second 240 look. The appeals section,Sec. 26-39,is a proposed section that appears below. 241 242 Sec. 26-35. Permittee's and employee's registration or identification card. 243 244 (a) Upon the issuance of a permit under this division, there shall be issued to the 245 holder of such permit and to each of his employees a registration or identification card. 246 A photograph of the person to whom the card is issued, as referred to in section 26-30, 247 shall be attached to such registration or identification card. A fee of five dollars ($5.00) 248 shall be charged for the issuance of each identification or registration card. 249 250 (b) Each person selling, soliciting or taking orders pursuant to a permit issued 251 under this division shall, while so engaged in such soliciting, selling or taking such 252 orders, carry with him the registration or identification card issued under this section. It 253 shall be the duty of such person to prominently display such card while engaged in 254 soliciting activities • • - - -• • -- - - • *• . 255 .. . - - 256 COMMENT 257 258 This amendment requires the permittee to display his/her identification card while engaging 259 in soliciting activities. This change seeks enhance public safety. 260 261 .... 262 263 Sec. 26-37. Revocation. 264 265 (a) The city manager Police Chief may revoke a permit issued under this division 266 for any of the following reasons: because of any fraudulent practice, misrepresentation, - 268 or deviation from the method or plan of solicitation described in the application in 269 question, revoke a permit issued under this division 270 271 i. Fraud, misrepresentation or false statement contained in the application 272 for a permit' 273 ii. Fraud, misrepresentation or false statement made by the permittee in the 274 course of conducting solicitation or sales activities. 275 iii. Conducting solicitation or sales activities contrary to the provisions 276 contained in the permit- 277 iv. Conviction of any felony or crime of moral turpitude; or 278 v. Conducting solicitation or sales activities in such a manner as to create a 279 public nuisance, constitute a breach of the peace or endanger the health 280 safety or general welfare of the public. 281 282 (b) Such revocation shall result in the invalidation of the registration or 283 identification card issued pursuant to section 26-35. 284 6 285 (pi The permittee shall be informed of the revocation of the permit and the 286 reason for such revocation. The revocation shall be effective, pending appeal as 287 provided in subsection (e), for the remaining permit period. In no event shall the 288 revocation deny the applicant the opportunity to re-apply for a permit at the end of the 289 permit period in which such permit was revoked. Any subsequent permit application will 290 be evaluated according to section 26-33. 291 292 (d) Written notice of revocation shall be either personally delivered or mailed to 293 the applicant at the address shown on the application form; and 294 295 (e) Any appeal from an adverse decision by the city shall follow the process 296 stated in section 26-39. 297 298 COMMENT 299 300 This amendment does three things. First,the amendment clarifies the scope of what actions 301 will result in revocation. The amendment replaces vague language with a list of specific activities 302 that will result in revocation. Second, the permittee will be informed that the permit has been 303 revoked and the reason for the action. Third,the amendment adds an appeals process to provide a 304 review of the revocation decision. 305 306 Sec. 26-38. Compliance with other laws. 307 308 Nothing herein shall exempt any person conducting an activity of the type 309 described herein from the requirements of section 13-36 et seq., section 33-6 or any 310 other applicable provision of the law. The Police Department shall coordinate with the 311 Commissioner of the Revenue to encourage any applicant to obtain a business license. 312 313 COMMENT 314 315 This amendment provides for coordination between Police and the Commissioner of the 316 Revenue with regard to applicants that may need a business license. Whether the applicant 317 requires a business license is fact-specific. 318 319 Sec. 26-39. Appeal of adverse determination. 320 321 (a) In the event of a denial of an application or the revocation of a permit issued 322 under this division, the applicant/permittee is entitled to an appeal of the adverse 323 determination 324 325 (b) The appeal of the adverse determination must be in writing and filed with the 326 City Manager's Office within fifteen (15) days of the adverse determination 327 328 In the event that the appeal is not submitted in writing and filed with the City 329 Manager's Office within fifteen (15) days of the adverse determination. the right to an 330 appeal is waived by the applicant; and 331 7 332 Ill If an appeal is filed according to subsection (b), the City Manager or his 333 authorized designee shall schedule a hearing of such appeal on a date not later than 334 ten (10) days after the filing of the appeal; provided, however, that such hearing may, at 335 the discretion of the City Manager or his designee, be rescheduled for good cause 336 shown. The decision of the City Manager or his designee is final. 337 338 COMMENT 339 340 This proposed provision calls for an appeals process. The appeals process is a safeguard for 341 both the City and the applicant. The process allows the applicant to have the application denial 342 reviewed or the permittee to have a revocation reviewed. By having an appeals process, the City 343 demonstrates good faith in the permitting process. Provisions (b) and (c) limit the time window for 344 the filing of the appeal. Provision (d) provides a timeline for scheduling the appeal. The ten days 345 for scheduling is similar to the appeals provision for Newsracks on Public Property in City Code § 346 33-18.1(h). 347 348 Sec. 26-40. Transfer Prohibited. 349 350 It shall be unlawful for any person other than the permittee to use or wear any 351 permit or badge issued under the provisions of this division. A violation of this provision 352 shall be a class two misdemeanor. 353 354 COMMENT 355 356 The purpose of this proposed section is to explicitly prohibit the use of a permit by anyone 357 other than the permittee. 13th Dec em4O9Pted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED/AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: T • at-2e S� Chief Cervera Dan. armeyer Police Department City Attorney's Office CA13895 R-2 December 2, 2016 8 72 Item-VI-1.1d ORDINANCES ITEM#66621 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT,as REVISED Ordinance to AMEND the City Code: d. Sections 36-138, 36-145, 36-146, 36-147, 36-148, and 36-149 re Taxicab Driver Permits 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 REVISED VERSION 1 AN ORDINANCE TO AMEND SECTIONS 36-138, 2 36-145, 36-146, 36-147, 36-148, AND 36-149 OF 3 THE CITY CODE PERTAINING TO TAXICAB 4 DRIVER PERMITS 5 6 Sections Amended: §§ 36-138, 36-145, 36-146, 7 36-147, 36-148 and 36-149 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH: 11 12 That Sections 36-138, 36-145, 36-146, 36-147, 36-148 and 36-149 of the Code 13 of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as 14 follows: 15 16 Sec. 36-138. - Application fee. 17 18 Each person filing an application pursuant to section 36-137 shall pay to the city 19 treasurer an application fee of fifty dollars ($50.00). The fee for processing such 20 application is non-refundable. Upon completion of the application, an approved 21 permitee is issued a printed permit card, and the cost of such printed card is five dollars 22 ($5.00). 23 24 25 26 Sec. 36-145. - Posting and display. 27 28 The driver of a taxicab shall keep the taxicab driver's permit issued to him or 29 her under this division posted and displayed inside his or her taxicab so as to be 30 plainly visible to all passengers in the taxicab. The printed permit card provides the 31 name of the driver and the taxicab company. If a driver is employed by more than one 32 taxicab company or operates a taxicab on behalf of more than one taxicab company 33 the driver is required to obtain a permit card for each company. If a driver terminates 34 employment or his operational relationship with the listed taxicab company and 35 obtains employment with a different taxicab company or operates a taxicab on behalf 36 of a different taxicab company, the driver may obtain a replacement card from the 37 police department with the current taxicab company. The cost to re-issue the printed 38 card is five dollars ($5.00). 39 40 Sec. 36-146. - Term. 41 42 A taxicab driver's initial permit issued under this division shall be effective for a 43 period of one (1) year from the date of issue, unless sooner suspended or revoked. 44 45 Sec. 36-147. - Renewal. 46 47 After completion of the initial term, described in section 36-146 a taxicab 48 driver's subsequent permit issued under this division may be renewed every two years 49 by the chief of police, if the applicant for such renewal is, at the time thereof, qualified 50 under the provisions of this division to have issued to him or her an original taxicab 51 driver's permit. At the time of such renewal, two (2) recent photographs of the 52 applicant shall be filed with the chief of police, to be used for the same purpose that 53 photographs filed with an original application are used, along with a renewal fee of fifty 54 dollars ($50.00) made payable to the city treasurer. Such renewal application shall 55 include a review of the applicant's criminal history and driving record. The police 56 department may undertake a review of the applicant's criminal history and driving 57 record at the one year anniversary of the submission of the application or at other 58 times in the discretion of the police department. 59 60 Sec. 36-148. - Replacement when lost or destroyed. 61 62 In the event a taxicab driver's permit issued under this division is lost or 63 destroyed, the person entitled thereto may make application for and obtain a duplicate 64 thereof, upon furnishing information of such fact, by affidavit or in a manner otherwise 65 satisfactory to the chief of police, and upon paying to the city treasurer a fee of five ten 66 dollars ($549.00). 67 68 Sec. 36-149. - Revocation or suspension. 69 70 A taxicab driver's permit issued under this division may be revoked or 71 suspended by the chief of police for any of the following causes: 72 73 (1) Failure to report any accident as required by law. 74 (2) Repeated and persistent violations of state or local law relative to traffic. 75 (3) Conviction of driving under the influence of drugs or alcohol, refusal to take 76 a blood or breath test, reckless driving, racing, eluding police or leaving the 77 scene of an accident. 78 (4) (3) Conviction of any felony or misdemeanor crime of moral turpitude. 79 (5) (4) Suspension or revocation of a driver's state operator's license. 80 (6) (5) Falsification of the application for the permit. 81 (7) (6) Failure to comply with any provisions of this article. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Chief Cervera Dana Harmeyer Police Department City Attorney's Office CA13894/R-3/December 13, 2016 73 Item-VFLIe ORDINANCES ITEM#66622 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: e. Section 27-3 re Police Records,Services and Fees 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. Sessoms, Jr., John K Uhrin and Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 1 AN ORDINANCE TO AMEND SECTION 27-3 OF 2 THE CITY CODE PERTAINING TO POLICE 3 RECORDS, SERVICES, AND FEES 4 5 Section Amended: § 27-3 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH: 9 10 That Section 27-3 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 27-3. - Authority of department to furnish copies of records, perform certain 14 services, etc., and fees therefor. 15 16 (a) The department of police is hereby authorized to release forensic photographs 17 after all criminal charges are resolved and when such release is provided by law, to 18 furnish photostatic copies of accident reports and offense reports, and to allow such 19 reports to be viewed by proper persons consistent with the provisions of the Virginia 20 Freedom of Information Act, Code of Virginia § 2.2-3700. 21 22 (b) The chief of police is hereby authorized to make record checks and reports (local 23 record only) and take fingerprints of individuals on request. For the processing of 24 applications for permits required by law, the following fees shall be charged: 25 26 (1) Record check and report by name (local) $ 15.00 27 (2) First fingerprint card requested by individuals 10.00 28 (3) Subsequent fingerprint cards requested by individuals 5.00 29 (4) Certificate for public convenience and necessity 50.00 30 (5) Precious metals permit 550.00 31 (6) Vendor permit 25.00 32 33 (c) If a permit issued by the department of police requires a record check of the 34 applicant, the fee for such record check shall be equal to the fee set forth in (b)(1) of this 35 section Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Chief Cervera naarmeyeH r/ Police Department City Attorney's Office CA13897 R-1 November 30, 2016 74 Item -VI-L2 ORDINANCES ITEM#66623 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's Lake Gaston Pipeline easement in Brunswick County, Virginia, by Transcontinental Gas Pipe Line Company, LLC BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's Lake Gaston Pipeline easement in Brunswick County, Virginia, by Transcontinental Gas Pipe Line Company, LLC The following conditions shall be required 1. For and in consideration of the premises and for the further consideration of One Dollar ($1.00), cash in hand,paid to the City, receipt of which is hereby acknowledged, and for the benefit of the parties involved, the City hereby grants to the Grantee permission to use the Encroachment Area far the purpose of constructing and maintaining the Pipeline Encroachment, subject to the conditions set forth herein. 2. It is expressly understood and agreed that the Pipeline Encroachment will be constructed and maintained in accordance with all federal, state and local laws and in accordance with the City's specifications and approvals; and is more particularly described as follows, to wit: A Pipeline Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "TRANSCONTINENTAL GAS PIPE LINE COMPANY LLC UTILITY CROSSING PERMIT DRAWING VIRGINIA SOUTHSIDE EXPANSION PROJECT II PROPOSED 24" GREENSVILLE LATERAL CITY OF VIRGINIA BEACH (MP. 3.70) DISTRICT 06 MAGISTERIAL, BRUNSWICK COUNTY, VIRGINIA,"dated November 15, 2016, a copy of which is attached hereto as Exhibit "A"and to which reference is made for a more particular description. 3. Providing however, nothing herein shall prohibit the City from immediately ordering the Grantee to remove, all or any part of the Pipeline Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall comply and bear all costs and expenses of such removal In the event of an emergency, the City may call Transco Emergency Gas Control at I (800) 440-8475 to report the location, the City's name and any other details about the incident. The Gas Control Center shall promptly dispatch company representatives to the incident. In the event of a public necessity, the City may contact a Williams Charlottesville Division Land Representative at 345 Greenbrier Dr. Charlottesville, VA 22901. 4. It is further expressly understood and agreed that the Pipeline Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within sixty(60)days after the notice is given, the Pipeline 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. December 13, 2016 75 Item-VI-L2 ORDINANCES ITEM#66623 (Continued) 6 It isfurther 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 to the public, or to the City's raw water pipeline. The Grantee agrees to maintain the Temporary Encroachment in a manner that does not cause damage or shorten the useful life of the City's raw water pipeline. 8. It is further expressly understood and agreed that the Grantee is not to perform construction (especially open cut pipe installation) within the Encroachment Area without a City representative onsite to oversee the construction. The Grantee must notify the City of Virginia Beach Department of Public Utilities (757-385-4171)and SUEZ(434-577-2604 or 804-756-7600)at least 48-hours prior to construction within the right-of way. Trenchless pipe installation shall comply with Section 20VAC5-309-150 titled "Requirements for Trenchless Excavation"found in the Virginia Professional Excavator's Manual 9. It is further expressly understood that if the Grantee must construct within the City's right-of way that the Grantee shall notify Miss Utility (811)at least 48-hours prior to any construction to allow them time to mark utilities. The Grantee must obtain a cleared Miss Utility Ticket. The 48-hour period begins at 7:00 AM the day after noting Miss Utility. During construction, the Grantee must not excavate if there is clear evidence of unmarked utilities. 10. It is further expressly understood that if utility conflicts are discovered between proposed utilities and the City's existing raw water pipeline, work shall not commence until all construction revisions are approved by the City of Virginia Beach Department of Public Utilities. 11. It is further expressly understood that the Department of Public Utilities reserves the right to stop work during construction and require a revision ffield conditions and/or field changes impact the City's raw water pipeline. 12. It isfurther expressly understood that if the Grantee, or contractor working on behalf of the Grantee in the City's right-of way, is aware of any damage to the City's raw water pipeline resulting from construction activities, the Grantee, or contractor, shall immediately notes the Virginia Beach Public Utilities Engineering Division (757-385-4171) and SUEZ(434-577- 26045 or 804-756-7600). The party responsible for the damages shall be held liable Jar the cost of necessary repairs to the City's raw water pipeline or right-of-way. 13. It is further expressly understood and agreed that the Grantee must obtain a permit from the local governing body of the jurisdiction in which the work is being performed prior to commencing any construction within the Encroachment Area(the "Permit"). 14. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two (2) times their engineer's cost estimate, to the Virginia Beach Department of Public Utilities to guard against damage to City property or facilities during construction. December 13, 2016 76 Item-VI-1.2 ORDINANCES ITEM#66623 (Continued) /5. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City included as an additional insured in an amount of $1,000,000 per occurrence combined single limit. 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 Pipeline Encroachment. 16. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and "as built"plans of the Pipeline Encroachment sealed by a Registered Professional Engineer. 17. It is further expressly understood and agreed that the City may pursue all available legal remedies in a court of competent jurisdiction in the Circuit Court of the City of Virginia Beach, Virginia, if any of the terms set forth herein are not complied with. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., John E. Uhrin and Rosemary Wilson Council Members Abstaining: John D. Moss Council Members Absent: James L. Wood December 13, 2016 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A PORTION OF THE CITY'S LAKE 5 GASTON PIPELINE EASEMENT LOCATED IN BRUNSWICK 6 COUNTY, VIRGINIA BY TRANSCONTINENTAL GAS PIPE 7 LINE COMPANY, L.L.C., A DELAWARE LIMITED LIABILITY 8 COMPANY 9 10 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 11 Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). 12 The Pipeline provides raw water from Lake Gaston to the City of Virginia Beach; 13 14 WHEREAS, a portion of the Pipeline lies within a City easement crossing 15 property owned by Virginia Electric and Power Company; 16 17 WHEREAS, Transcontinental Gas Pipe Line Company, L.L.C. ("Transco") 18 desires permission to encroach into the City's easement to install a buried 24" 19 perpendicular to, and underneath, the City's 60" raw water pipeline. The proposed 24" 20 natural gas main will feed the Greensville County Power Station,which is currently under 21 construction (the "Temporary Encroachment"). The section of the easement that will be 22 affected lies adjacent to the right-of-way's intersection with Lewis Drive (Route 605); 23 24 WHEREAS, Public Utilities has advised that granting the Temporary 25 Encroachment will not interfere with the City's operation of the Pipeline; and 26 27 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 28 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 29 the City's easement subject to such terms and conditions as Council may prescribe. 30 31 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 35 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Transco, its heirs,assigns and 36 successors in title are authorized to construct and maintain its underground gas pipeline 37 facilities in the City's easement as shown on the exhibit entitled: "TRANSCONTINENTAL 38 GAS PIPE LINE COMPANY, LLC UTILITY CROSSING PERMIT DRAWING VIRGINIA 39 SOUTHSIDE EXPANSION PROJECT II PROPOSED 24"GREENSVILLE LATERAL CITY 40 OF VIRGINIA BEACH,(M.P.3.70)DISTRICT 06 MAGISTERIAL,BRUNSWICK COUNTY, 41 VIRGINIA", dated November 15,2016, a copy of which is attached hereto as ExhibitA and 42 on file in the Department of Public Utilities and to which reference is made for a more 43 particular description; 1 44 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 45 subject to those terms,conditions and criteria contained in the agreement between the City 46 of Virginia Beach and Transco (the"Agreement"), an unexecuted copy of which has been 47 presented to the Council in its agenda, and will be recorded among the records of the 48 Clerk's Office of the Circuit Court of Brunswick County; 49 50 BE IT FURTHER ORDAINED, that the City Manager or his authorized 51 designee is hereby authorized to execute the Agreement; and 52 53 BE IT FURTHER ORDAINED,that this Ordinance shall not be in effect until 54 such time as Transcontinental and the City Manager or his authorized designee execute 55 the Agreement. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th 58 day of December , 2016 . CA13627 R-1 PREPARED: 12/6/16 \\vbgov.comWhPapplicationa\cMawprotlkycom32\wpclocsW016b027\00333551 doc APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE �� CITYATTO APPROVED AS TO CONTENT: / / , ,A . PUBLIC UTILITIES, ENG!Sile I 2 EXISTING WATER VALVE 402' NORTH OF PIPELINE CROSSING 9 LEWIS DRIVE y'"ac�y — __ IS.R. 6051 e•!9 v 30'PRESCR WTI VE R/V 'PA I 1� l . f" \.J I o E I a GRAVEL ROAD 4• E ' I o i VIRGINIA ELECTRIC AND 150' VIRGINIA ELECTRIC AND I POWER COMPANY POWER COMPANY EASEMENT I VSS II-VA-UR-1144-0035.000 z VSS I I-VA-BR-11 44-0036.000 ` INSTRUMENT NO. 150000819 I N TAX MAP NO. 67-16 A & 50' TRANSCONTINENTAL GAS PIPE LINE COMPANY LLC RIGHT 6 WAY II.. LAT, - 779'36.94" LAT. = 36.43'26.90" -- ,. LONG.- 77919'36.99` LONG.= 77.39'36.63" N: 3424231.064 N: 3424216.789 E: 71729029.781 E: 11729055.094 lii , 559°29'00"E 01T{N _ -- R� IV .\___ STEEL CULVERT � � y Pt 31' \ PROSED24. --- 60" WATER MAIN R1 GREENSVILIE LATERAL I 15' COV. ) ' II a'" - EXISTING WATER VALVE 628' �, AANWNNWWW SOUTH Q PIPELINE CROSSING { • o�4 sALT$pf`J�", 30' CITY OF VIRGINIA BEACH ' lith "WC EASEMENT OB 247, PG 407 E+/,Y `� Z C iMICHAEL w NoovER 4105 LALW°�'i W OM.SUIILTEE 200 Lic.No.0001755 uLll u,.A. nMInA zMwnA 0 40 BD 120 'Y'if.� 1111117-01421, terterWW1*AO%Y 414 's�"Mt A.W„ .M I SCME N Sar IIINIMMINIIII �'WWVW #ss+4e fl d AW1010 " i41R"0 TRANSCONTINENTAL GAS PIPE LINE COMPANY LLC rot UTILITY CROSSING PERMIT DRAWING VIRGINIA SOUINSIDE EXPANSION PROJECT II PROPOSED 24' OREENSYILLE LATERAL, CITY OF VIRGINIA BEACH. (M.P. 3.70) DISTRICT 06 MAGISTERIAL. BRUNSWICK COUNTY. VIRGINIA ND OW If AFm.a410Arn0.. WO Ao HNA, WNW S MR IIIN9NE 114I.0I0405 I/CKF I'•W 0 IIMFIS WB IM16(MMl7EIM *game 19 MTF IMI7N NANDINICONI UCaICN A,MONDr a MR"AV" .11"24-1327-55-00-A/19549 ear 1 w NINO •_num/..— .s..-Peas z No z "ss E_ _ ',T.,oa `� ww-,trr:'7_2. -,[trw-0wi'''' `) ,_wi; \ 150' VIRGINIA ELECTRIC AND POWER COMPANY EASEMENT p Al. 402' NOG WATER VALVE 40INGiN OF CROSSING I GRAVEL ROAD _.-, TI £ 10X60 LAT. =36°43'41.96"-V0 BORE Pli LONG.= 17°3.S.'36.94" r PROPOSED 14" 20X60 GBEENSVILLE IATERAI BORE PIT 4411'- s59°29'oc"E DITu— ELow line i Lal. = 36°q'2e.9o" 14" STEEL CULVERT 30' LONG.= 77.39'36.63" 7/ 60" WATER MAINWI 30' CITY OF VIRGINIA BEACH EASEMENT 15' COV.I 13'• VIRGINIA ELECTRIC AND EXISTING WATER VALVE (y POWER COMPANY 626' SOUTH OF CROSSING t� VSSII-VA-BR-1144-0035.000 1 VSSII-VA-0R-1144-0036.000 ELM _ PT TATTTm A' 0 P 0" P 0 NATURAL GROUND 60WATER LINES r NATURAL GROUND PW 5 MIN. 5' COVER Y 100 190 �yiir 190 180 PROPOSED 24" �i``ttt . - PLOW . 180 IVO GREENSVILLE LATERAL 45° ELL 24" MIN. LLP 170 10X60 45° ELL ?OHO 160 BORE PIT / BORE PIT 160 150 —24" 0.0. x Os00" W.i.. X70 411' -01" O.0. 0.500" W.L. XTp _ 24" 0.0. x 0.500" M.L. XTO 150 W/I0 MILS FBE 8 10 MILS ARO COATING W/10 MILS HE d 40 MILS ARO COATING WPO MILS FBE 8 10 MILS ARO COATING 140 140 NOTES TO CON-RAC FOR: ?ROF1I F -.B.M. - SURVEY CONTROL POINT i. .NE Co-ow HAS WOE AN LFFGHT TO = 40' PORI(. 399.21' LT. OF STA. 195-21 U NDERCRONNO!CRIMES NOR EXISTING GtO%s NO 'RN r= 40' VERT. 200.81' I NAVD 89) GUARAIITEE TEN ACCURACY OF THE TNEciRmer:ONIHI5 VAR NCR ODES IT ACCEPT ANT RESENSIOILITy ERR BE BELBE„B„. 5. E▪LEVATIONS SHINN AVE NEFERENSED TO pw romp. AVERICAS a:€.4I :ISHII CF 1,04"'HID 88J HUM.Waal•LISOMSEES.OW HAND IUSHEESE-00 NE. THH1 -VA BR II"033v•Es30•2 ONE vratorui bleret sun too Bat T. roe rs-on-an a ORA u as .E /- TRANSCONTINENTAL GAS PIPE LINE CUANY\LLC 91347-4-uFy44nw PIIM4W°0A6� �xCE,rt -aWv 1 UTILITY CROSSING PERMIT DRAWING COI VIRGINIA SDUTHSIDE EXPANSION PROJECT II PROPOSED 2/'IAEENSVILLE LATERAL �Y A ``\\ CITY CF VIRGINIA BEACH. M.P.I3.ID1 ^Y. \Nv`\\`�� DISTRICT 06 MAGISTERIAL. BRUNSWICK COUNTY. VIRGINIA No ,TE Es}1II F O1,CKODISS . TEWA/11 0 6 .Is q I596Ta'°.4 wauoEr v TEIOW/0 APF'G>EODY. W0. DATE.Mans 5°21-1327-55-17-A/19549 SEEPI 40 Mum . 0....r,4s.......°G'.'..4..........° GE 2 • COTT 3" BIG FINK" 5 TERMINAL TEST STA. w/PLATED BRASS HARDWARE OR SIMILAR GROUND 48 RED OR WHITE VARE X12 RED OR WHITE WRE FOREIGN PIPE e #12 BLACK MRE PERMANENT REFERENCE XB BLACK WRE CELL (OPTIONAL), SEE NOTE 2 (TYP) HALFYN GULFSTREAM PIPE T ST TYPE FRFGN %ENS E ROS NGATION TL_D NOTES. 1ALL VARES TO BE AWG COPPER (#12 SOLID, /8 STRANDED) KITH THW INSULATION IN THE COLOR INDICATED. 2ALL VIRE CONNECTIONS TO PIPELINE TO BE BY SEPARATE THERMITE WELDS (15 GRAMS MAX A MINIMUM OF ONE (I) FOOT APART MTH APPROPRIATE PIPELINE COATING REPAIR. SOLDERING OR OTHER APPROVED METHOD MAY BE USED IN PLACE OF THERMITE WELDS. MARES TO BE LOOPED AROUND PIPE AT CONNECTION POINTS. IF POSSIBLE. Hat. MUM.cULI w Aaacu1ES,uc OME BIRIAM RA ,INE, 509 100 BIMIM„Y. IALV .SM9 MOC,YSA-IIA DRAWING No. REFERENCE TITLE TRANSCONTINENTAL GACS PIPE LINE COMPANY LLC CATHODIPROTECTION TYPE \, ` ^�V TEST STATIATI ON No. Te DESCPIPTI \,IIS` o.rvo cxR APP. DRAWN Y. WA DATE.IEY-$109 SCALE. Mt 0 6 N/ ISO FM ft CHECKED EN DATE'. APPROVED DY: DATE NU eER 24-1327-55-17/A-19549 SHEET 2 wo'. gria% er.= UV IA T A now ZOw OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) LAKE GASTON PIPELINE ENCROACHMENT AGREEMENT THIS AGREEMENT, made this day of , 201 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, a Delaware limited liability company, with an address of 2800 Post Oak Boulevard, Houston, TX 77056-6106, and its successors, assigns, apportionees, permitees, licensees, contractors and invitees, hereinafter called "Transco" or "Grantee"; WHEREAS, Virginia Electric and Power Company, a Virginia public service corporation d/b/a Dominion Virginia Power (hereinafter "VEPCO"), is the owner of that certain lot, tract, or parcel of land designated and described as "Tract 233-B- TMP: 18-3540-B" and is also shown on that certain plat recorded in the Clerk's Office of the Circuit Court of Brunswick County, Virginia, in Deed Book 75, at page 438, and being identified in the deeds to VEPCO, or its predecessors in title in deeds recorded in Deed Book 164, at page 475; and Deed Book 170, at pages 447 and 461 in the aforesaid Clerk's Office; WHEREAS, by virtue of a certain Right of Way Agreement granted to the City, dated February 1, 1990, recorded in the aforesaid Clerk's Office in Deed Book TAX MAP: 67-16 247, at page 407, and further described as #12B2-7-F-5, and being designated as Parcel 066 on that certain plat (Sheets 1, 2, and 3 of 3) entitled, "PLAT SHOWING ACQUISITION FOR LAKE GASTON WATER SUPPLY PROJECT, (CIP 5-964) POWELLTON DISTRICT BRUNSWICK COUNTY, VIRGINIA," dated October 9, 1986, said plat being recorded in the aforesaid Clerk's Office, in Plat Book 11, at pages 104, 105 and 106 (hereinafter referred to as the "Easement Area" or"Easement"); WHEREAS, it is proposed by the Grantee to construct and maintain a 24" underground gas pipeline (the "Pipeline Encroachment") within the City's Easement Area; WHEREAS, the Grantee has requested that the City permit the Pipeline Encroachment within the Easement Area for the purpose of constructing and maintaining the Pipeline Encroachment; and WHEREAS, VEPCO has consented to the Pipeline Encroachment by separate agreement between VEPCO and Transco dated September 1, 2016. WITNESSETH: NOW, THEREFORE, for and in consideration of the premises and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, and for the benefit of the parties involved, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Pipeline Encroachment subject to the conditions set forth herein. It is expressly understood and agreed that the Pipeline Encroachment will be constructed and maintained in accordance with all federal, state and local laws and 2 in accordance with the City's specifications and approvals, and is more particularly described as follows, to wit: A Pipeline Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "TRANSCONTINENTAL GAS PIPE LINE COMPANY LLC UTILITY CROSSING PERMIT DRAWING VIRGINIA SOUTHSIDE EXPANSION PROJECT II PROPOSED 24" GREENSVILLE LATERAL CITY OF VIRGINIA BEACH, (M.P. 3.70) DISTRICT 06 MAGISTERIAL, BRUNSWICK COUNTY, VIRGINIA," dated November 15, 2016 a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately ordering the Grantee to remove, all or any part of the Pipeline Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall comply and bear all costs and expenses of such removal. In the event of an emergency, the City may call Transco Emergency Gas Control at 1 (800) 440-8475 to report the location, the City's name, and any other details about the incident. The gas control center shall promptly dispatch company representatives to the incident. In the event of a public necessity, the City may contact a Williams Charlottesville Division Land Representative at 345 Greenbrier Dr. Charlottesville, VA 22901. It is further expressly understood and agreed that the Pipeline Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within sixty (60) days after the notice is given, the Pipeline 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 3 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 to public, or to the City's raw water pipeline. The Grantee agrees to maintain the Temporary Encroachment in a manner that does not cause damage or shorten the useful life of the City's raw water pipeline. It is further expressly understood and agreed that the Grantee is not to perform construction (especially open cut pipe installation) within the Encroachment Area without a City representative onsite to oversee construction. The Grantee must notify the City of Virginia Beach Department of Public Utilities (757-385-4171) and SUEZ (434-577-2604 or 804-756-7600) at least 48-hours prior to construction within the right-of-way. Trenchless pipe installation shall comply with Section 20VAC5-309-150 titled "Requirements for Trenchless Excavation" found in the Virginia Professional Excavator's Manual. It is further expressly understood that if the Grantee must construct within the City's right-of-way that the Grantee shall notify Miss Utility (811) at least 48-hours prior 4 to any construction to allow them time to mark utilities. The Grantee must obtain a cleared Miss Utility Ticket. The 48-hour period begins at 7:00 AM the day after notifying Miss Utility. During construction, the Grantee must not excavate if there is clear evidence of unmarked utilities. It is further expressly understood that if utility conflicts are discovered between proposed utilities and the City's existing raw water pipeline, work shall not commence until all construction revisions are approved by the City of Virginia Beach Department of Public Utilities. It is further expressly understood that the Department of Public Utilities reserves the right to stop work during construction and require a revision if field conditions and/or field changes impact the City's raw water pipeline. It is further expressly understood that if the Grantee, or contractor working on behalf of the Grantee in the City's right-of-way, is aware of any damage to the City's raw water pipeline resulting from construction activities, the Grantee, or contractor, shall immediately notify the Virginia Beach Public Utilities Engineering Division (757-385- 4171) and SUEZ (434-577-26045 or 804-756-7600). The party responsible for the damages shall be held liable for the cost of necessary repairs to the City's raw water pipeline, or right-of-way. It is further expressly understood and agreed that the Grantee must obtain a permit from the local governing body of the jurisdiction in which the work is being performed prior to commencing any construction within the Encroachment Area (the "Permit"). 5 It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Virginia Beach Department of Public Utilities to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City included as an additional insured in an amount of $1,000,000 per occurrence combined single limit. 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 Pipeline Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and "as built" plans of the Pipeline Encroachment sealed by a registered professional engineer. It is further expressly understood and agreed that the City may pursue all available legal remedies in a court of competent jurisdiction in the Circuit Court of the City of Virginia Beach, Virginia, if any of the terms set forth herein are not complied with. 6 WITNESS, the following signatures and seals: CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized (SEAL) Designee of the City Manager ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY 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: 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: APPROVED AS TO CONTENT: ttLNab)• _- -. PUBLIC UTILITIE APPROVED AS TO LEGAL SUFFICIENCY AND FORM if 419 APPROVED AS TO CONTENT: PUBLIC WORKSBEALE$TATE z�LSI I(o 8 TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC, a Delaware limited liability company By 02' (SEAL) Name: Mich _ lifford Title: Land Representative III COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Henrico , to-wit: � I�� The foregoing instrument was acknowledged before me this J day of e(eyr_he✓ , 20112, by Michael Clifford (name), Land Representative III (title) of Transcontinental Gas Pipe Line Company, LLC, a Delaware limited liability company. • monweal P f iC Commonwealth Of Virginia Reg. #7527663 * o My Commission Expires i °,I: ;�Y December 31, 2016 I/ (SEAL) f� 111,--Public— Notary Notary Registration Number: ' a16(03 My Commission Expires:�ecen. +' 3112a1b 9 EXISTING YA7EA VALVE 902' NORTH DF PIPELINE CROSSING it 4A% DRIVE yq$2� _ (S.A. 605) `! 9 —" 30'PRESCRIPTIVE R/V \ ' sir est I , 1 4L^ i^ E 1 w GRAVEL ROAD • I 4 c 4 . 0 r ^ VIRGINIA ELECTRIC AND 150' VIRGINIA ELECTRIC AND11\ POWER COMPANY I VSSII-VA-0R-1144-0035.000 POWER COMPANY EASEMENT \I! VSSII-VA -1144-0076.000 INSTRUIENT NO. 150000819 1 TAX YAP N0. 67-16 \ It I tie \ 50' TRANSCONTINENTAL GAS PIPE LINE COMPANY LLC RIGHT 6 WAY ilkil LAT. • 36.43'27.06" LAT. = 36.43'26.90" LONG.• 7779'36.94` LONG.= 77.39'36.63" N: 3424232.064 N: 3424216.789 E: 71729029.187 E: 11729055.094 •, -- -- •. ' 559.29'00"E DITCH F \I 12' STEEL CULVERT „ - .. .. V30 30 .” .. -V.. . PROPOSED 24' ..- 60" WATER MAIN "' GREENSVILLE LATERAL I 15' COV. 1 IN l 1J�t.r EXISTING WATER VALVE 628' \,N NN/NN//WWW SOUTH OF PIPELINE CROSSING ; y�. a4.!'•�'' 30' CITY OF VIRGINIA BEACH y� T / Vel, EASEMENT OB 247. PG 407 a /�Z ,IF . W.HOOVER kMEEBY 0NATNITS uC Lu.No. 0001755 1305 LME NOM DANE. Wilt ZOO 4E11 M1f$, YIWINII 03010121E •T� . �a1�B. 0 40 80 120 Ty4.N�Il l7 l_'��l(O` [�� NN1e s.N1.m ua ECHE a RET Ogo.R 000NO 11011/011111 TRANSCONTINENTAL GAS PIPE LINE COIPANY LIC UTILITY SO CROSSING PERMITASDRAWING VIRGINIA SOUTNSIDE EXPANSION PROJECT II PROPOSED 24' GREENSVILLE LATERAL. . i.w.willilir CITY OF VIRGINIA BEACH. (M.P. 3.70) DISTRICT 06 MAGISTERIAL. BRUNSWICK COUNTY. VIRGINIA 110 la F 1NMN01INIC0701 MO ND a. 0, WSW Of OAR IIMNN 00201110 Intl 1••0 0 ' 11N1Ni 111 lam OpapM B OM 11117111 1100011CON1 00. lnlnmM: Ya Mt nmol 24-1327-55-068-A/19549 va'I Na IMO 9 `rig`t'a131100.7108 I xy. p , - A.- - c.ACH \ R : “!Yr 71'„ , m -oYY Y \ 1St VIRGINIA ELECTRIC AND POWER COMPANY EASEMENT • EXISTING WATER VALVE Pell a 402' NORTH OF CROSSING TG GRAVEL ROAD Rol l BORED L aT. = 36•V'n.os^ / eOeE PIT LONG.=n79'36.94” ` `/// . PROPOSED zA" 20X60 GPEEYSVILLE LATERAL BORE PIT I s°I / LONG.-Tl•}9'36.63 559FLOW DIICH� -- _ I _ ' 1z" STEEL CULVERT 30' ??' 9'E. 3" 60" WATER MAIN 1 VIRGINIACF BEACH EASEMENT 15' COV.I 13"j VIRGINIA ELECTRIC AND EXISTING WATER VALVE 1� } POWER COMPANY 628' 5011'R OF CROSSING I F� v9S]I-v0.�A-II 4I-0035.0D0 oI�,' VESA-VA-BP-1144.0036.000 • Rf ^iii P Y`P on al 210 210 NATURAL GROUNDNATURAL GROUND 60" WATER LINE ` 5' 4IN. 200 5 NEN. r5' COVER 1 /. 200 190 , ' � ) r 190 180 PROPOSED 24" �� 4 .FUO)_ IRO 170 -GREENSVILLE LATERAL 170 20X60 45° ELL 29" MIN.. CLP. 45H ELL 20X60 160 BORE PI ` BORE PIT 160 _ 150 24 D.D. a asoo' W.T.. Xro W/10 MILS FBE 8 10 MILS ARO COATING W/I0 MILS FBE X.40 MILS AP0 COATING M/10 NILS FBE I. 10 MILS ARO CLAIM" 140 140 NOTES -0 CONTRACTOR: PROF1I F T.B.M. -SURVEY CONTROL POINT H THE COWAN,'HAS IIADE AN ElCOO TO LOCATE A. 1' = 40' HOP¢. 399.21' LT. OF STA. 195.21 UNOERGROUND FACIL Ems Nor EXISTING BUT oas No' = 40' VEAL ELEV. 200.64' (Novo 881 GUARANTEE 'HE CORKY C( THE M{011,4'1[11 SiOIN ON 1"MIS HAN NOR GIs II ACCEPT ANY AE5°011516 IL I T,1OR BE MAINTAINED. '- KNINRCIZIATERESTMENR.EVE37 N14.14 ST'TE 6- �I RICHT o...nlx ewL..Ax 1144-0035.0011 Ent°WN+. I. . %T 10 7. Cr PPM my-ris-arn aimRA NO / TRANSCONTINENTAL GAS PIPE LINE COPANY LLC NCt TITLE a-as4nlnp wlwvny - 0. I CROSSING S{ VIRGII50GESPJIINELRCTXPANN OCT1 rei kickCITY OF DISTRICT 06 MAGISTERIAL, BRUNSWICK CWNTY, VIRGINIA no ItM WP M lsu1IPXv rM• ARM-NW ,. o NO at w DUMMY e TE slims STE . o DATE rvfllI CFECXEDB IQPRUIEDBY a 3h roam a 24-t327-55-17-k/19549 sKEEI 1 ma MOO -r m,....,r OF 2 COTT 3" "BIG FINK 5 TERMINAL TEST STA . w/PLATED BRASS HARDWARE OR SIMILAR GROUND — _ / ID #8 RED OR WHITE WRE pit RED OR WHITE WIRE FOREIGN PIPE e----,....1/4___,, N12 BLACK WRE PERMANENT REFERENCEp8 BLACK WIRE CELL (OPTIONAL), PLACE dilill SEE NOTE 2 (TIP.) HALF WAY BETWEEN LINES 1_O"� GULFSTREAM PIPE MIN. TYPE "F" TEST STATION FOREIGN PIPEUNE CROSSING NOTES. TALL AIRES TO BE AWG COPPER (%12 SOLID, y8 STRANDED) NTH THW INSULATION IN THE COLOR INDICATED. 2ALL WRE CONNECTIONS TO PIPELINE TO BE BY SEPARATE THERMITE WELDS (15 GRAMS MAX.) A MINIMUM OF ONE (1) FOOT APART NTH APPROPRIATE PIPEUNE COATING REPAIR. SOLDERING OR OTHER APPROVED METHOD MAY BE USED IN PLACE OF THERMITE WELDS. 3WRES TO BE LOOPED AROUND PIPE AT CONNECTION POINTS, IF POSSIBLE. wn,mum c macula, uc [j'", ,oxc �nronnc , Al. 2D loo 1 1 .(1 BIRMINGHAM,az-no-an MO Flat:N 70-an DRAWING ND. REFERENCE TITLE TRANSCONTINENTAL GAS PIPE LINE CON/ANY LLC CATHODIC PROTECTION R` ' TYPE AT' -`M\- k V` TEST STATION No. ITE I.:• ItARKK1 CESCRIPTI0 ' 0.NO. CHK APP. DRAWN BY. WA DATE 12{N-E001 ISCALE. NOE 0 •'/ti 1 NI ISMS)1W I Oils CHECKED BY DATE. APPROVED BY. DATE NUMBEP 24-1327-55-17/A-19549 SHEET 2 via x VTmPoltumh.Aw. 'o�s22..1317 55 17 A mu 7wn OF 2 ,_eaNIA'Bee06 4�TT''�_ '��. `gyp ' � z City of Virjinia Beach U 0. 113,57,185 4 d a s es° OF OUR NAI\OM`s VBgov.com JOHN MOSS PHONE. (757) 363-7745 COUNCILMAN-ATLARGE MOSSJOHNMCOX NET In Reply Refer to 005941 I December 13,2016 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: I. I am executing this written disclosure regarding City Council's discussion and vote on a temporary encroachment into a portion of the City's Lake Gaston Pipeline casement in Brunswick County Virginia by Transcontinental Gas Pipe Linc Co. LLC. 2. The real property underlying the City's easement is owned by Virginia Electric and Power Company. 3. Dominion Resources is the parent company of Virginia Electric and Power Company. 4. I have a personal interest in Dominion Resources, Inc., which is also known as Virginia Electric and Power Company. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 5. I wish to disclose this interest and abstain from voting on this matter. 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 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. Sine rely, 'John )7. Moss Councilmember JD /DRI-1 77 Item -VI-I.3 (ADD ON) ORDINANCES ITEM#66624 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Resolution in Memoriam Jor Dr. Manuel Hipol 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 WNBF1/4@ O v. r` RESOLUTION IN MEMORIAM WHEREAS: Dr.Manuel Abram Hipol was born August O,/932 in Mania Philippines,and peach//y passed away on Friday,December 9, 10111. He was an excellent Radiologist passionate about his community,where he was affectionately known as"Dr.M'4 and rerved the Cay of Virginia Beach with distinction as a City Council appointed member of the Arts and Humanities Commission from 1997 through 2008 He was nominated as a candidate/or appointment w Co Council when a vacancy occurred in 1995.-he served on the 2007 City's Anniversary Steering Committee:as a Board Member of the Virginia Marine Science Museum and the Virginia.Museum of Contemporary Art(MOCA.1. He was dedicated to his chinch and an active member of the Catholic Community /n 1987.Dr Hlyo(sleadership created a spiritual devotion for San Lorenzanbe�n Filipino Saint by bringing We Saint's statue from New Jersey. He also founded the national devotion m Our Lady of Nam WHEREAS: Dr.Hipnl proudly served more than thirty years in both the United Slates Army and the Navy After his retirement,he opened the Hipol Clinic in Virginia Beach in 1980 with his wife,Dr.Rose Hipol where they formed aloha medical service and he practiced Radiology until his retirement in 2014. Dr Mpg(had o r nia Beach,We w,but nonemore important.n ' ertestty MreearSdthan serving the Filipino Community and all the citizens IVi Virginia largest city in We Commonwealth d the"greatest city in the world': WHEREAS: Over his many years of service,Dr Hipol war lauded with numerous awards and accolades:but,ha most treasured was being the Founder and Chair of the Council of the United Filipino Organization of TidewaterICUFO7J where he lead tMfuMruis/ng and conrtmction of the largest Philippine Cultural Center in the United States resulting in a twemyha Year cunsaucdan loan being sernd the G nd Marshall ofthe Haan of thelia eights"Aman.He Philippine Hampton RoadsssVeterans Day pie in 20/o Presidentmtand Di.Ri &was We recipient the American 20 Physicians ofA-Amer in s in and President of Philippine Veterans Community mumoroB Roads. wr dimi was Philippineh rcinie Preside"20 Most Outstanding Filipino-Americans in the United Seines"award as well as the Rudders Award mid the Presidential Golden Heart Award. WHEREAS: Dr,Hipol had a big hams and sincerely lived We verse, `Lard help me to live my life that l may live for otherx". He mentored young Physicimn collaborated with community leaders and took immigrants "nailer his wing'to guide and integrate them into the comnneniw He was a patriotic Veteran who spate passionately about the immigrant experience and the importance of'being a part of your community": EREAS: Dr Hipol was a icated and g husband,father,son and her He is survived by infe of ose dYVeraa Hiipol.MD;daughter, Vivienne wi her hnusbnd and children;Charrim with her Ausbund and their son:as well his brother,Antonio years,Dr. Hpolwiwith his family;ante sisters,Milagros Mpg and&Hands Hipol with their families His Days Of Prayer. Wake Service and Mass of the Resurrection will honor and share his memory with Finely./'ends and the community:and. NOW,THEREFFORE.BE IT RESOLVED: Thai the Virginia Beach Ow Cowell pause in its deliberations this Thirteenth day of December, Two Thousand Sinew;to pay tribute w Dr.Manny Mpg,a citizen whoa respected revered and will be missed,but.whase:'fmurepnn the sandy offline"have shaped lives community and patterned the Filipino heritage oaf have been able to achieve. ftim IT FURTHER RESOLVED: Thai his Resolution be adopted made a pan of the Proceedings of this Formal Session and presented to the Mpg Family az a tribute of our esteem and respect Man's Wis laid in the loam oftime Te a pattern he does not see. Wore the Weawm work and shuttles fly 'TR the dawn ojnendy. To reach the Pan of Heaven We must safe. Sometimes with the wind SemeKn®against the wind /� Bao tie woad net drift nor lie at anchor. SL IT to( € rAG. .J C .T...n&nnpf ., — couMda 7, ',Bo cwnm- 'ra HeNry Q -a''. Co , y man John al. loss La46 IA AmeGa9,RRw- Council Jolm2 NM cmn„TLady ,AGon .n�wcWoad orut ) U NeeMayJana ayn¢NPam m.'11d'Stumm.Jr 78 Item—VI-J PLANNING ITEM#66625 I. DAVID E. STINNETTE SUBDIVISION VARIANCE 2. THOMAS A. BROWN SUBDIVISION VARIANCE 3. CHICK-FIL-A,INC. ALTERNATIVE COMPLIANCE 4. TWO FARMS, INC. CONDITIONAL USE PERMIT 5. PROVIDENCE STORAGE, LLC CONDITOINAL USE PERMITS 6. NORTH LEGEND OUTFITTERS,LLC CONDITIONAL USE PERMIT 7. NEW DAY CHURCH CONDITIONAL USE PERMIT 8. ANCHOR INNOVATION,INC. CONDITIONAL USE PERMITS 9. EMIL YUSUBOV CONDITIONAL CHANGE OF ZONING 10. VIRGINIA BEACH DEVELOPMENT CONDITIONAL CHANGE OF AUTHORITY ZONING IIa/b/c/d AMEND CITY ZONING ORDINANCE ITEM#1 WILL BE CONSIDERED FOR DENIAL MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY VICE MAYOR JONES WILL ABSTAIN ON ITEM#4 ITEM#5 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 COUNCIL LADY HENLEY WILL VOTE VERBAL NAY ON ITEM#6 COUNCIL LADY HENLEY WILL VOTE VERBAL NAY ON ITEM#9 ITEM#11e WILL BE CONSIDERED SEPARATELY VICE MAYOR JONES WILL ABSTAIN ON ITEM#11c ITEM Old WILL BE DEFERRED INDEFINITELY December 13, 2016 79 Item-VI-J PLANNING ITEM#66626 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1(FOR DENIAL), 2(MAYOR ABSTAIN), 3(MAYOR ABSTAIN), 6(HENLEY NAY), 7, 8, 9(HENLEY NAY), 10 and IIa/b/d(DEFFERED INDEFINITELY) 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 E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 80 Item—VI-J.1 PLANNING ITEM#66627 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DENIED, BY CONSENT: Ordinance upon application of DAVID E. STINNETTE application for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations re a single-family dwelling at 726 24th Street DISTRICT 6—BEACH 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 Rosemary Wilson Council Members Absent James L. Wood December 13, 2016 81 Item-VI-J.2 PLANNING ITEM#66628 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, and CONDITIONED,BY CONSENT: Ordinance upon application of THOMAS A. BROWN/THOMAS A. BROWN AND WAYNE CHAMPIGNY far a Subdivision Variance to Sections 4.4(b) and (d) of the Subdivision Regulations to reconfigure Parcels 4 and K with no increased density East of Riddick Lane, North of Candle Pine Lane DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THOMAS A. BROWN / THOMAS A. BROWN AND WAYNE CHAMPIGNY for a Subdivision Variance to Sections 4.4(b) and (d) of the Subdivision Regulations to reconfigure Parcels 4 and K with no increased density East of Riddick Lane, North of Candle Pine Lane (GPINs 1493332741, 1493331623 ti 1493332346) DISTRICT 7-PRINCESS ANNE The following conditions shall be required: 1. The reconfiguration of Parcel (4) four (formerly known as J) and K shall be substantially in accordance with the submitted Subdivision exhibit entitled, "VARIANCE EXHIBIT 1 FOR RESUBDIVISION OF LOTS "J" AND "K" PROPERTY OF WILLIE RIDDICK (MB. 52, P. 39) VIRGINIA BEACH, VIRGINIA," dated September 29, 2016, and prepared by Hayden Frye and Associates, Inc. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. A final Plat reflective of the layout referenced herein shall be recorded with the Clerk of Court. 2. Legal ingress/egress-16r Parcels J1 and KI shall be maintained at all times, through ingress/egress easement(s), no less than twenty (20)feet in width. Said easement(s) shall be depicted and recorded on the final Plat. 3. A final Plat depicting Parcel K2, substantially as depicted on the exhibit entitled, "VARIANCE EXHIBIT FOR RESUBDIVISION OF LOTS "J" AND "K" PROPERTY OF WILLIE RIDDICK (MB. 52, P. 39) AND PART OF JAMES CAFFEE PARCEL (MB. 49, P 38) PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, " dated March 24, 2016. prepared by Beck Associates, PC A final Plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 4. When Parcel J1 is developed, the residential dwelling constructed shall have architectural features and the appearance of like quality and character to the structures depicted on the four (4) photographs in the "Proposed Dwelling Photographs for Parcel .11" exhibit attached to the Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 5. When Parcel KI is developed, the residential dwelling constructed shall have architectural features, and the appearance of like quality and character to the structures depicted on the five (5) photographs in the "Proposed Dwelling Photographs for Parcel KI" exhibit attached to the Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. December 13, 2016 82 Item—VI-J.2 PLANNING ITEM#66628 (Continued) 6. When Parcel 4 (formerly known as J) and K are resubdivided, a one-(1) foot no ingress/egress easement shall be recorded along the southern property line adjacent to Candle Pine Lane. This Ordinance shall he effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth 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 Rosemary Wilson Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: James L. Wood December 13, 2016 k � aC. 4 CD tt � , All 14 t 444> '1 € v �r 4,_„), sikk\s, i ,_' ‘, a I /1-1;a \ _ \ _4: Vill ‘ti, CD ; A 'WO . esel ft 1. /I Q e- O i a 0 �� to a..* ("CryLi City of Vir;;irzia I Seac1h iq s P� OF Opp N41101‘ .00111 WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0059409 VIRGINIA BEACH,VA 23456-3000 1757)3854561 FAX 17571 385-5599 December 13, 2016 .sassams®vbv./. p'" 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 Thomas A. Brown for a Subdivision Variance at Parcels 4 and K East of Riddick Lane,North of Candle Pine Lane. 2. One of the owners of property that is the subject of this transaction, Wayne Champigny, has disclosed that 'fowneBank is a financial services provider with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22ptl Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, /C fr William D.' essoms Mayor WDS/RRI/DRI I 83 Item—V1J.3 PLANNING ITEM#66629 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of CHICK-FIL-A, INC / POP STEAKHOUSE,LLC for an Alternative Compliance to Sections 2203, 2204 and 2210, Central Business Core District re a drive through restaurant at 4752 Virginia Beach Boulevard DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CHICK-FIL-A, INC / POP STEAKHOUSE, LLC for an Alternative Compliance to Sections 2203, 2209 and 2210, Central Business Core District re a drive through restaurant at 4752 Virginia Beach Boulevard (GPIN 1477350468) DISTRICT 4—BAYSIDE The following conditions shall be required: I. Except as modified by any other condition below, site development shall substantially conform to the site exhibit titled, "VIRGINIA BEACH BLVD. ESU, VIRGINIA BEACH, VA, SKETCH 'Al',"dated October 31, 2016, and prepared by GBC Design, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Landscaping and screening on-site shall meet current Site Plan requirements, as determined by the Development Services Center's Landscape Architect during detailed Site Plan review. Landscaping shall be installed in the median separating the drive-thrtt from the drive aisle to screen the order Kiosks. 3. The building shall substantially conform to the elevations titled, "EXTERIOR ELEVATIONS, RELO VIRGINIA BEACH BLVD, VIRGINIA BEACH, VA S0811-N- SQ-SM-R,"dated May 10, 2016, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. The dumpster area shall be enclosed by a brick wall matching the building and solid enclosure doors. 5. All signage shall substantially conform to the Signage Plan titled "Chick-fil-A at Virginia Beach, VA (RELO)," revision date October 31, 2016, and prepared by Clayton Signs, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 6. Streetscape improvements within the right-ofway on Virginia Beach Boulevard and 11 Street shall substantially comply with applicable "Town Center" style typical specifications titled "The Town Center" revised June 28, 2002, and prepared by CMS Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. Pedestrian easements or a dedication shall be provided where the sidewalk extends onto private property. 7. Internal pedestrian crosswalks shall he constructed of either a combination of brick pavers and concrete or gray stamped concrete with a herringbone pattern as specified in the "Town Center" style typical specifications referenced in Condition No. 6. 8. The applicant, or property owner, shall be responsible for all costs associated with relocating the bus shelter and any other improvements required as a result of relocating the bus shelter. December 13, 2016 84 Item—VI-J.3 PLANNING ITEM#66629 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth 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 Rosemary Wilson Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: James L. Wood December 13, 2016 II • al I W L MU w W o IIM U U a A -- M V - _ . Tr :\ M t / Ell } I ISI — \ _ / 1 V \ ' o i s I SIJi Iy� _ E CO Cr]I 1 \ \ IME-- W @---999 m - M'' (PoAt : City of Virginia I Soac:h .0011l WILLIAM D.SESSOMS_JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH.VA 23456-9000 In RCIIlly Refer to 0059540 EAx 1757)385-4581 es sss wsessoms@vbgwcum December 13, 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 Chick-Fil-A, Inc. for alternative compliance with requirements of the Central Business Core District for property owned by POP Steakhouse, LLC and located at 4725 Virginia Beach Boulevard. 2. The property owner have disclosed that TowneBank is a financial services provider with respect to the property that is the subject of this application. 3. I have a personal interest in TowneBank, which is located at 600 22"d Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, William D. Sessoms Mayor WDS/RRI 85 Item—VI-J.4 PLANNING ITEM#66630 The following individuals registered to speak: Robert Beaman, Attorney for the Applicant, spoke in SUPPORT. Carol Laginess, 1936 Dolina Drive, Phone: 403-0411, spoke in OPPOSITION Carolyn Barnes, 1932 Dolina Drive, Phone: 403-0411, spoke in OPPOSITION Brannon Barnes, 1932 Dolina Drive, Phone: 403-0411, spoke in OPPOSITION. Jennifer Adolph, 1932 Dolina Drive, Phone.' 403-0411, spoke in OPPOSITION. Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED and CONDITIONED: Ordinance upon application of TWO FARMS, INC. / WOODS CREEK CORNER, LLC for Conditional Use Permit re automotive service and car wash at 2150 Centerville Turnpike DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TWO FARMS, INC /WOODS CREEK CORNER, LLC for Conditional Use Permit re automotive service and car wash at 2150 Centerville Turnpike (GPIN 1454989315)DISTRICT 1 - CENTERVILLE The following conditions shall be required: 1. When the Site is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONCEPTUAL SITE LAYOUT& LANDSCAPE PLAN OF ROYAL FARMS LYNNHAVEN PARKWAY AND CENTERVILLE TURNPIKE VIRGINIA BEACH, VA,"prepared by MSA, P.C., dated September 9, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "ROYAL FARMS LYNNHAVEN PARKWAY & CENTERVILLE TURNPIKE VIRGINIA BEACH, VA STORE #175, SHEET A2.0 and SHEET A2.1"prepared by Ratcliffe Architects which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The fuel canopy and the dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "ROYAL FARMS LYNNHAVEN PARKWAY & CENTERVILLE TURNPIKE VIRGINIA BEACH, VA STORE #175, SHEET A8.0," prepared by Ratcliffe Architects which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The car wash shall substantially adhere in appearance, size and materials to the elevations entitled, "ROYAL FARMS #134 — CAR WASH ONLEY, VIRGINIA, SHEET R1.0, " prepared by Ratcliffe Architects and dated August 10, 2011, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. December 13, 2016 86 Item—VI-J.4 PLANNING ITEM#66630 (Continued) 5. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit, which, has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 6. A Landscape Plan shall be submitted at the time of final Site Plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF ROYAL FARMS LYNNHAVEN PARKWAY AND CENTERVILLE TURNPIKE VIRGINIA BEACH. VA,"prepared by MSA, P.C., dated September 9, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. A Photometric Plan shall be submitted during the Site Plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 8. The operation of the car wash shall be limited to the hours between 10:00 a.,,t. to 7:00 p..,< 7:00 AM to 7:00 PM 9. Trash and recycling pick-up shall be limited to the hours between 10:00 AM to 7:00 PM 10. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters, lighted with internal neon as approved by the Zoning Administrator, 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. 11. The ingress/egress point depicted on the Site Layout along Centerville Turnpike shall he constructed in accordance with the Department of Public Works - Traffic Engineering Divisions standards and specifications. Said ingress/egress point shall be approved by the Department of Public Works— Traffic Engineering Division prior to Final Site Plan approval. 12. As per Section 245(e)(2) of the Zoning Ordinance, vending machines shall not be visible from a public street. if vending machines are present, buildingfacades should include an area screenedfrom public streets but visible to security personnel. 13. A solid fence, no less than six (6)feet in height, shall be installed along the Northern property line adjacent to the proposed car wash facility. 14. Any vacuum cleaner facilities shall be screened from the right-of-way by plant material approved by the Development Services Center Landscape Architect. December 13, 2016 87 Item—VI-J.4 PLANNING ITEM#66630 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of December, Two Thousand Sixteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin and Rosemary Wilson Council Members Abstaining: Vice Mayor Louis R.Jones Council Members Absent: James L. Wood December 13, 2016 - . �./ - ` . ._ Sr ( S 8 g 'i,ti a { 'i - - 1- „,,, , ',a ; ___ ,.....,,,,,.. _ • ,„ ,,._ so o Iii , IP, 2ti 1 m r___Th ., n. � Alia fit` �. I' f ~s soollsiapw00111,\, i\ tillik si 4. ' Ilitillits, 03 N • �` -- � � ' I � ' it W % Sy City of Virginia Beach 4 3 q, e� v1Q1 LOUIS R-JONES PHONE 17571 583-0177 VICE MAYOR FAX 757)588-4659 Refer to File No. 0059545 December 13, 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, Section 2.2-3115(H), Code of Virginia, I make the following declarations: 1. 1 am executing this disclosure regarding City Council's discussion and vote on the application of Two Farms, Inc. for a conditional use permit for property located at 2150 Centerville Turnpike. 2. Royal Farms appears to be an affiliated entity of Two Farms. I have had past business dealings with Royal Farms, and I may have a future land transaction with Two Farms regarding land I own that is not the subject of this application. 3. I have chosen to abstain from participating in this transaction. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, .0_,(343.1 jg..-L.----- Louis R. Jones Vice Mayor LJR/RRI 11308 WITCH POINT TRAIL.VIRGINIA BEACH,VA 23655-5605 88 Item—VI-J.5 PLANNING ITEM#66631 The following individuals registered to speak: The Applicants, Michael Burnette and Thomas Minton spoke in SUPPORT. David Phillips, 731 Driskell Court, Phone: 438-5767, spoke in OPPOSITION. Robert Pawl, 701 Woodstock Road, Phone: 523-1426, spoke in OPPOSITION. Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED and CONDITIONED: Ordinance upon application of PROVIDENCE STORAGE, LLC/ ROMERO ENTERPRISES, LLC for a Conditional Use Permit re Mini-Warehouse at 6009 Providence Road DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PROVIDENCE STORAGE, LLC / ROMERO ENTERPRISES,LLC for a Conditional Use Permit re Mini- Warehouse at 6009 Providence Road (GPIN 1456537296) DISTRICT 1 —CENTERVILLE The following conditions shall be required: L When the Site is redeveloped, it shall be in substantial conformance with the submitted Concept Plan entitled, "PROVIDENCE STORAGE CONDITIONAL USE PERMIT EXHIBIT -prepared by American Engineering, dated September 1, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A Landscape Plan shall be submitted at the time of Final Site Plan review reflective of the plant material depicted on the submitted Landscape Plan entitled, "PROVIDENC'E STORAGE LANDSCAPE PLAN," prepared by American Engineering, dated September I, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The exterior of the proposed building shall substantially adhere in appearance and materials to the four renderings entitled, "OCEAN STORAGE PROVIDENCE RD. VIEW FROM NORTH EAST, VIEW FROM NORTH WEST, AERIAL VIEW FROM NORTH EAST and VIEW FROM SOUTH EAST" all prepared by GMF and Associates and dated September 29, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. A Photometric Plan shall be submitted during the Site Plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 5. When the Site is redeveloped, the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair or any other purpose not consistent with the storage of goods. There shall be no exterior(outside)storage of items on the property. 6. There shall be no permanent dumpster located on the Site. December 13, 2016 89 Item—VI-J.5 PLANNING ITEM#66637 (Continued) 7. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters, lighted with internal neon as approved by the Zoning Administrator 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. 8. The freestanding sign shall he monument style with a brick base that matches the building and substantially adheres in appearance, size and materials to the submitted freestanding sign exhibit which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 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 Thirteenth day ofDecember, 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 Rosemary Wilson Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: James L. Wood December 13, 2016 i st. t ___J ;, N 1+t CO °-01 N l m stt 1 Hi11 II I\ ill 4 l 1i •I 1— s : r \n - I I : 111 I I I II II I\ l _LI jI L. 1 r I II I \/ ` N m - 1 r— et— NZ I _;1 o { + '' �I % ria J ` i z� I �i J, ----i 1 2 � j $ [lbf T € 0 ,`G\N�BEgcy S� City of Virginia f3eacl-i qS eE z 4v OUq NP90 .COM WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0059410 VIRGINIA BEACH,VA 234569000 (757)335-4551 FAX I]9)325-5899 December 13, 2016 "se,soms©vh ovco'" 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 the application of Providence Storage LLC and Romero Enterprises LLC for a Conditional Use Permit regarding mini warehouse at 6009 Providence Road. 2. The applicant, Providence Storage LLC, has disclosed that TowneBank is a financial services provider with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22id Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, William D. Sessoms Mayor W DS/RRI/DRI I 90 Item—VI-.1.6 PLANNING ITEM#66632 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of NORTH LEGEND OUTFITTERS, LLC for a Conditional Use Permit re a home occupation for firearm sales at 2005 Meredith Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NORTH LEGEND OUTFITTERS,LLC for a Conditional Use Permit re a home occupation for firearm sales at 2005 Meredith Road(GPIN1469979112)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. Any firearm, or firearm parts, kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the properly for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATE) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NEPA 495. 4. There shall be no sign identifying the business on the exterior of any building of any building on the property or within the yard of the property. 5. Not more than twenty percent (20%) of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no more than one (1) employee, other than the homeowner, on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicants signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference,fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. This Ordinance shall be effective in accordance with Section 10704 the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of December, Two Thousand Sixteen. December 13, 2016 91 Item—VI-J.6 PLANNING ITEM#66632 (Continued) Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and Rosemary Wilson Council Members Voting Nay: Barbara M Henley Council Members Absent: James L. Wood December 13, 2016 '- ;11, \ 1_, -1 til - 44. ,�"' � 4. - ,.---- C .-...2 , - 1 �� 1 O < i^ } r 1 re. i ` �' __. G', 7 i 11, c----\ %� i' -1 ' f I . _� `' , , ,,_... . 1/4. ------r l'i, 1-,--\ n , ., . . . , r‘ \___ _.--• ' ri..---1 I - _J 1� L?pio r: �� jIr.-----4. \ �Npil0 0 I Ili r G M e _r' I cr r � , , !\ w inro" f �� i. fry -� ( I 0 I. '' re\ 92 Item—VI-J.7 PLANNING ITEM#66633 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of NEW DAY CHURCH for a Conditional Use Permit re a religious use at 4080 Foxwood Drive DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW DAY CHURCH for a Conditional Use Permit re a religious use at 4080 Foxwood Drive (GPIN 1486011 79 2) DISTRICT 3—ROSE HALL The following conditions shall he required: 1. The number of occupants shall be established by the Building Official's Office during the issuance of the Certificate of Occupancy. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 3. The proposed building sign and monument sign shall be as depicted on Page 7 of this report. All sign(s)shall meet the requirements of the Zoning Ordinance 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 Thirteenth day of December, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. 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 Rosemary Wilson Council Members Absent.. James L. Wood December 13, 2016 NIN. N ••••--‘ -- \ ' . C I < 34.1' • <„, ., Iks yom j tsi i 2 JI IC ) • s *A. , , . 4 .... lb _ II - 4b ,iiil. , _ 44' .,,,N. 7 4 , -3 ( > - ,.. r--"-... \ , -:,,-11 / ..'7 / gr - I CZ -i 41440 ... ' , to.r: e• 5 oss\s„.„ 1 1 . E=1 .1 1 1 0 1 r 1 i \ ytt., i C c......Th , , le . --7, \ j • ..ki-, , tit ., • / . 400 4' + 1 t.*;• *11/4 - .: t c r , . ---- , \ Li \ \ 11 4: 3 4*y-1i, a ,4, "44:41, / 93 Item-VI-J.8 PLANNING ITEM#66634 Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council APPROVED and CONDITIONED, BY CONSENT: Ordinance upon application of ANCHOR INNOVATION, INC. / ANCHOR ASSET MANAGEMENT GROUP, LLC for Conditional Use Permits re boat/vessel construction, maintenance, repair and storage yard at 532 Central Drive DISTRICT 6- BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ANCHOR INNOVATION, INC. / ANCHOR ASSET MANAGEMENT GROUP, LLC for Conditional Use Permits re boat/vessel construction, maintenance, repair and storage yard at 532 Central Drive (GPIN 1496787609)DISTRICT 6-BEACH The following conditions shall be required: I. When the Site is developed, it shall be in substantial conformance with the submitted Site Layout Plan, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. All boats awaiting repair shall be stored either within the building or within the Bulk Storage Area designated on the submitted Site Layout Plan. No boats shall be stored in between the building and the Central Drive right-of way. 3. The Bulk Storage Yard shall only be used for the storage of boats. No outside storage of equipment,parts or materials shall he permitted. 4. All boat repair shall occur within the building. 5. The portion of the existing fence enclosing the Bulk Storage Yard that is visible from Central Drive shall he replaced with a solid fence, six(6)feet in height. 6. Landscaping consistent with the submitted Site Layout Plan shall be installed. Any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 7. The applicant shall obtain a Certificate of Occupancy prior to the operation of the Site as a boat repair facility. 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 Thirteenth day ofDecember, Two Thousand Sixteen. December 13, 2016 94 Item—V6J.8 PLANNING ITEM#66634 (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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 ' ft J • : ..., • 1 / 11 L ----_, 1 J i i 1 I I 1 J _ ti 1 I - i i 1 1i . r 1111 . I C ,--------_ II b-- L-- __ 1 .• I ----- • r in 1 II ...... n 1 ] 1 p c C, . ...,.__,— c • , c i _____ \ 5 __ - a, -,-... - :1 i. r 1 i kii...m. 1-1 r741i , ] 1 .... , . .Z A. SI . !!-.0,. I i i , !<'1192eit %.;,.i,'cru 13 j . .,, , 1 - ` ,.. .- , \ _ L-- _ i , gill ] 1 L ' . , r h k . 1 ..,. i 95 Item—VI-J.9 PLANNING ITEM#66635 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, as PROFFERED and CONDITIONED, BY CONSENT: Ordinance upon application of EMIL YUSUBOV /MUSTAFA ZAATUT for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District and a Conditional Use Permit re auto sales at 1249 Oceana Boulevard DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EMIL YUSUBOV/MUSTAFA ZAATUT for a Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District and a Conditional Use Permit re auto sales at 1249 Oceana Boulevard (GPIN 2415491603) DISTRICT 6 — BEACH The following conditions shall he required: 1. Any onsite signage shall meet the requirements of the City Zoning Ordinance and there shall be no neon, other than individual channel letters, lighted with internal neon and as approved by the Zoning Administrator, 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 he 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. 2. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the ssite. 3. Any freestanding sign shall be monument style with a brick base that matches the building, and shall he no taller than eight (8)feet as measured from the ground to the top of the sign. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5. Prior to final Site Plan approval, a Landscape Plan shall he submitted during the Site Plan review process that reflects the plant material and placement depicted on the submitted Landscape Plan entitled, "CONDITIONAL REZONING EXHIBIT FOR AUTOMOTIVE SALES LOCATED AT 1249 OCEANA BOULEVARD VIRGINIA BEACH, VIRGINIA" dated July 12, 2016, prepared by Gallup Surveyors and Engineers, LTD. Said Plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 6. Motor vehicles on display shall only be parked within the display areas shown on the Rezoning Exhibit referenced in Proffer 1 above and shall be limited to a total of fifty (50) motor vehicles. 7. No motor vehicles shall be parked in areas designated for Fire Lanes in the Rezoning Exhibit referenced in Proffer I above, nor shall any vehicle impede or block access to the site. 8. All vehicles delivered to the site must he off loaded on the site. The delivery vehicle shall not be permitted to back into the site from Oceana Boulevard, nor shall it impede the normal flow of traffic on Oceana Boulevard at any time. December 13, 2016 96 Item—VI-J.9 PLANNING ITEM#66635 (Continued) 9. No automobile repair or body work shall take place on the site. The four-bay shop in the rear of the site shall only be used for the cleaning and detailing of cars in preparation for sale. 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 Thirteenth day of December, Two Thousand Sixteen. Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin and Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Council Members Absent: James L. Wood December 13, 2016 o u? ,� _ -_"7 N m Of 04 Qa G N a . v :. ❑ ❑ .i_ S Cr- .moi r-I J — G I I 01 L--, � _ t 6 L� -11 pc t n I ,�� y,t N 1 S �— E 3°yti �� Q o. r r— �...,. Z `✓A :0I_— J 5 C Ili yr m �\\ ._ ? Rl_ _ _ A -I1 ' . OMNIA BggO a as Fac. y � L0� *fig�1 ' CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE a �ka'J as+ W In Reply Refer To Our File No. DF-9724 DATE: November 30, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Emil Yusubov The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 13, 2016. I have reviewed the subject proffer agreement,dated August 12, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom EMIL YUSUBOV,APPLICANT MUSTAFA ZAATUT, OWNER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 12th day of August, 2016, by and between EMIL YUSUBOV, Grantor, party of the first part; MUSTAFA ZAATUT, Grantor, party of the second party; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of property located in the City of Virginia Beach containing approximately 39,225 square feet, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is referred to as the "Property"; and WHEREAS,the party of the first part is the Contract Lessor of the parcel described in Exhibit "A" and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Unconditional AG-2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometime incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the GPIN: 2415-49-1603-0000 (1249 Oceana Boulevard) Prepared by; R. Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirements by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successor in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development of this motor vehicle sales center in terms of limited vehicular access, parking, landscape buffering, and building layout, the Exhibit entitled, "Rezoning Exhibit for Automotive Sales Located at 1249 Oceana Blvd., Virginia Beach" dated July 12, 2016, and prepared by Gallup Surveyors and Engineers, LTD, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (`Rezoning Exhibit") shall be substantially adhered to. 2. When the Property is developed, vehicular ingress and egress shall be via one (r) entrance from Oceana Boulevard. 3. The architectural design of the buildings depicted on the Rezoning Exhibit will be substantially as depicted on the exhibit entitled "BUILDING ELEVATIONS", undated, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be those designated on the Elevations. 2 4. When the Property is developed, its use shall be limited to motor vehicle sales, as depicted on the Rezoning Exhibit. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, have been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (t) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority to (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed to the name of the Grantors and the Grantee. 4 Grantor: -1 (SEAL) I!1111 l usuboc S I A [1: Of VIRGINIA, ci i l' Of VIRGINIA IlI'ACIL to-ryiC the foregoing instntment was acknowledged before me this 1 �- day of . 2016 by "n'1 \lV_s5. _----- m sic &cw Notary Public V9c commission expired: Notary Re'istrati on \umber: domain/Ho, ktiViON ,Is°,,,04..bw io n a`a 2lsciso . Ltt WWO0 •53n\°xtOLL,o.S\93�.'n c . OytkO �Or 2 mHb '�. W OSyd 'rr)nnN11111 VA I MESS the following signature and seal: Grant /l f aI rn-cY- I/1 aei (SEAL) Mustafa Laatut u S1.AFL OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 14 day of , 2016 by_(\(\1/4.37-*C C ... GA-1-1 vSJw2 '. r\sj Q%ITC((vQ'- -� n r' Jr - ' ' Notary Public Mx commission ex ires: elos Notary Registration Number: ° Dv12 �4an" sir uoigul4 yo••1". 'S3ady3 z�l C/SO � •:.�'No---15193U:'�. /I/(3SLV3d� '�bnyuniima'yv E -\ 'c .* e LEGAL. DESCRIPTION FOR PROPERTY KNOWN AS 1249 OCEANA RIND., VIRGINIA BEACH,VA AlL THAI certain lot,piece or parcel of land with the buildings and improvements thereon, situate_ lying and being in the City of Virginia Beach, Virginia, known, numbered and designated as "Hazel C. Whitley", as shown on the plat entitled "AMENDED PLAT SI /WING PROPERLY TO BE ACQUIREI) FOR OCEAN BOULEVARD & FIRST COLONIAL. ROAD EXTENSION PROJEC1 BY TilE CITY OF VIRGINIA BEACH. VIRGINIA FROM PARCEL 024 HA/d-I C. VAJITTERY". dated January 20, 1999. revised thru February 12. 1999, prepared by Patton Harris Rust & Associates,PC, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia.in Map book 275. at page 45, to which reference is made for a more particular description. LESS ANT) EXCEPT that property recorded on 09t7.1999 in Deed Book 4139, Page 1340. ].ESS AND EXCEPT that property recorded on 04;08.'1999 in Deed Book 4061, Page 0322. SPECIFIC POWER OF ATTORNEY (Applications for rezoning and conditional use permit) KNOW Pat MSN nY THESE PRESENTS: That the undersigned M.ISTAEA LAAI:_, de th hereby ccnrti_ute and appoint EMIL YUSUBOV, as his Attorney for his and a : h_s nage, place and stead, to undertake and to do ail acts necessary to complete the conditional use permit and application for rezoning and related documents required for property known as 1249 Ooeana Hlvd. Virginia Beach, Va. GRIN 2415-49-1603-00000, including but not limited such action tc: Execution of all applications and disclosures 2' Execution of all forms, certifications, agreemenrs, or other ',mi.:Jogs required by the City of Virginia Beach 3) Execution of any contracts, proffers and any other required documents. : HEREBY DECLARE that any act or thing done hereunder, by my said attorney-i-.-fact shall be binding on myself, my heirs, my legal and personal representatives, and assigns only insofar as they are consistent with the powers granted herein. HEREBY RATIFY all that my said attorney-in-fact shad lawfully do or. cause to be done by virtue of these presents. THIS POWER 07 ATTORNEY shall not be affected by the subsequent disability or jOCUMOBIler,CB of the principal. I FURTHER DECLARE. that this power shall remain in effect even though I am reported or listed, officially or otherwise, as "missing-in-action", it being my intention that the designation of such status shall not bar my said attorney from fully and completely exercising and continuing to exercise any and all powers and rights herein granted until this Special Power of Attorney' is revoked by my death or as otherwise provided herein. THIS POWER OF ATTORNEY CAM BE REVOKED OR TERMINATED ONLY BY A WRITING COMMUNICATED TC AND RECEIVED BY MY ATTORNEY-IN-FA. PRIOR TO MY/OOR ATTORNEY- IN-FACT EXERCISING SUCH POWER. ':HIS POWER OF ATTORNEY SHALL EXPIRE: July 312011 ._ N WISHES$ {'HEROF, the s�id, MUSTAE'A ZAATUT has affixed res siccatura and seal thin (/(/ day jt�y�jf�� 2016. di MUST•FA r AAT' i 51A? o: YgyflS d. JY/COUNTY OP_(AC.CjJY , TO WIT: The foregoing instrument was acknowledged before me H___ _ , day of fin. 20 1 k by MUSTAE'A ZRATUT. NOTARY RUHLEC My Comettss.o: Exoires: 077zz/zap k .. e '""y� MICHAEL LEE 8'.o _ Notory Public,Stole of Texas e:,,i My Commission Expires k12.rsL,4dfl„+ Jul. 97 Item—VI-J.10 PLANNING ITEM#66636 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED, BY CONSENT: Ordinance upon application of VIRGINIA BEACH DEVELOPMENT AUTHORITY/CITY OF VIRGINIA BEACH for Conditional Chante of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-I Light Industrial District re Virginia Beach Biomedical Park land at the Northeast corner of Landstown Road and Landstown Centre Way and property adjacent to the South side of Princess Anne Road between Winterberry Lane and Tournament Drive DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA BEACH DEVELOPMENT AUTHORITY/CITY OF VIRGINIA BEACH for Conditional Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District re Virginia Beach Biomedical Park land at the Northeast corner of Landstown Road and Landstown Centre Way and property adjacent to the South side of Princess Anne Road between Winterberry Lane and Tournament Drive (GPINs 1484882692, 1484879990ortion of), 1494277224, 1494278187, 1494279027, 1494266816, 1494273399, 1494455995, 1494457855 & 1494459734 DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: An Agreement encompassing Proffers shall he recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth 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. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 , � �i j n 44 it tr Com.��-pill \. ®�3. ' �f4f�.-` `, i,hir4R 41t* ." ` . 4r) ill . 4 *,,,,' rcksts*N. = L0 \ s .i.SLLL,.. .4 $ ‘...441111;!..k" ,e yam " s azar EPEIlt Ft� t. es6�,mf...1 -It 52/AL i% m it � CV I< ! Oma► . : Atli\ o.? / Ni-;') SI ti. 1 111 CO billb'AI - - r , __ �� �" ;i ,� r^ Q e .., ..,. ., - lk:.1 ,00.- / DESIGN ' .,,,,,,,, „,..: : .,,,,,, AND 11111 11110. v, i it .. 4..,, ' DEVELOPMENT -L---- PRINCESS ANNE COMMONS - GUIDELINES . .. ..., , _____ - 11.n COMMONS PRINCESS ANNE --.._..........: Ili .. ._..,..__,. - ---- ..........•_._. _,,, _. .- 7-- . -- - ----:' - -- - BIOMEDICAL ._., 1 ,_411 PARK -,. e 44\ . , .,- - ' 0' I it' • : , f7.414 ILL 15. ,.......... 111 til November 2016 (Wu.1 Virginia Beach --- ..-., Page Intentionally Blank (for double-side printing purposes) Princess Anne Commons Design Guidelines and Development Standards CONTENTS Page Introduction 1-1 Site Planning 2-1 Building Design 2-8 Appendix A 2-16 Page Intentionally Blank (for double-side printing purposes) Introduction 1 The area now known as Princess Anne Commons has grown from an area of approximately 1,100 acres in 1995 to what is now nearly 3,000 acres(please see map on the following page). Much of the increase in the size of the area came after December 2005,when the Comprehensive Plan,Zoning Ordinance,and related development ordinances were amended to protect the Interfacility Traffic Area(ITA)between NAS Oceana and NALF Fentress from development.An Interfacility Traffic Area Overlay District was adopted,consisting of areas having an AICUZ greater than 65 dB DNL. Due to the incompatibility of residential uses in the higher AICUZ of the ITA,one of the principal effects of this new designation was to reduce the residential density to what could be achieved by right with Agricultural zoning(one unit per 15 acres).A second,and what has proven to be a more significant effect was an increase in the area owned by the City of Virginia Beach,as the City and U.S.Navy began a program of purchasing property voluntarily offered to the City by private property owners. Ito! r� .+''4,41 Princess Anne Commons now offers the prospect to . ' , .ri `r r, expand on the original goals established for it,providing :w� ', t� ,%:' unique education,medical,entertainment,recreation, F . habitat preservation,and quality economic development � HO$PRAI � AAIP 11ALEA Ep ' opportunities.Additionally,the Comprehensive Plan designates this area as Special Economic Growth Area 4— Princess Anne Commons,recognizing the land development constraints and economic development SPORTS, I. opportunities associated with this area's location within a military aircraft overfly zone.A primary focus of this area will be to provide locations for campus-like development that may not be suitable in a more urban setting.While recognizing that some land use adjustments are appropriate to accomplish strategic public outcomes,the Comprehensive Plan provides the following general recommendations for Princess Anne Commons(SEGA 4),unless otherwise specified by these Guidelines: • Strive to achieve extensive open space connectivity throughout the Commons. • Protection of most sensitive land. • Mixed-use town center style development in the Municipal Center and Historic/Cultural District, including residential uses in AICUZ under 65 dB DNL. • Low-impact campus style development for work,education,research, and recreation. • Guidelines for building types to ensure appropriate quality and character. • Public amenity areas for walking,cycling, and recreation. • High-quality parkway-level roadways with landscaped edges,pathways,and low-level lighting with good lighting coverage. • Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center. Page 1-1/Introduction Design and Development Guide/Biomedical Park November 2016 IIIroduction 'I` Ni \,\ \i.,!:;-- { ___L. �+ O Princess Anne Commons 1! ��\ / • /' % _f Princess Anne Commons Areas I n.'+. Ir \s • t"0: O Historic Princess Anne Center ''% ®Interfacility Traffic Area(ITA) t tie ,� .9O // 4 AICUZ Noise Zones i' •'; , — — Proposed Southeastern Parkway 16.1,1 �C ` City Property • \ �\ 4. Water ` 'AYNKCF'pO rth Pri ' - %e 't ? -. / ..• r • ne Co onty�/ V .6..6. ^ r • 0'Prow ' �G .fr•�r.- M ., / • Central Prince , _ s° f Anne Commons'. ••?' 1 ?� '�'j .,k .. •. ,,.! /;. , ' A_ ` 11 • / $wnit,Pj'in.cess t -; Anne Ommons �', :• Aws 4ON7RiRo k1.,. s--',,--\/!": tii' City of Chesapeake . • '. ` A 1 14, I The Design and Development Guidelines that follow are based on these recommendations and are intended to be used during the site and building design of the various projects that will be part of this important and unique place within the city.Specifically,the purposes of the Guidelines are as follows: a. Assist property owners and developers regarding appropriate site,building,and sign design; b. Encourage innovation and creativity in the design and use of sites and buildings;and Page 1-2/ Introduction Design and Development Guide/Biomedical Park November 2016 y Introducti• c. Enhance the visual appeal,and thus the general ambience of the Commons. Eventually,there will be several sets of Guidelines for the different types of development and activities that are envisioned for Princess Anne Commons.This document,however,provides design and development guidance for the'VABeachBio Research Park"that will develop within Princess Anne Commons Biomedical Park.This'BioPark'will develop parallel to the southern side of Princess Anne Road,stretching from Landstown Centre Way at the west to Tournament Drive at the east.The graphic below shows the location of the BioPark in relationship to existing and proposed development in North Princess Anne Commons. y y r y r a: X. ,, � r: o Sportaplex) '` `j, cc {gib Stadium) - (Princess Anne f dy- ', HCorporate/BloMed "" it ) ;y �j,� may. 1 (Princess Anne �-",`;�� '-...,alt, V. 6.=‘,'' • - ' "`1, ,o;...,' r N. Athletic Complex) - �i, v v ./ .tea.=g ,!. • r� ° - \ Fields) w►. y, > e, f a (Virginia Beach National OW1Cc aP.) �(��ta NORTH PRINCESS ANNE COMMONS / "mu fi Existingand Proposedf �J�!1.._..�' Development (as of June 2016) +45. A 'Design Vocabulary' for Princess Anne Commons The past 20 years of development since the inception of the Commons has resulted in a commonality of design style,materials,shapes,colors,and landscape that forms the foundation of what is presented on the following pages.These common design elements are the`design vocabulary'for Princess Anne Commons,and are depicted in the photos below. Page 1-3/Introduction Design and Development Guide/Biomedical Park November 2016 production Contemporary Shapes & Forms MN 14 OIL 79 Nos amass II rt 11111111111 Page 1-4/Introduction Design and Development Guide/Biomedical Park November 2016 Introducti Y " `. Glass & Metal iMaterials ill T:. it n ,_. • i 1 '� _ 7i • IR n . l • Plant Materials ., � ' . • 1 . � �� s . ,< . a f . ... • -"� , y� - • ._(1 Niti 'NMIR '" Fo' 11‹..a- Page 1-5/Introduction Design and Development Guide/Biomedical Park November 2016 I. Iliroduction The Color Blue ✓ s 111111 Water : f 1' 1 __ . , . AIM' _..,..410410, • Page 1-6/Introduction Design and Development Guide/Biomedical Park November 2016 2 SITE PLANNING General Guidelines-Landscaping U Princess Anne Commons is first,and most importantly,a park—thus,the name `Commons.'The buildings,uses,and all physical changes should have a strong emphasis on the landscaped environment.This emphasis will provide an overall visual continuity throughout the Commons and will serve as a backdrop for the development of each individual site. During the individual site development stage, the landscape architect and site designer should give careful consideration and analysis to respond to surrounding site components such as site context,open space,landmarks,views and vistas,streetscapes,and the protection of existing vegetation. U During the design process, begin by identifying existing1 fr . natural characteristics of the '��• . . site that should be rd conserved.Natural site features and landform should be considered in the early stages of development design prior to building - placement.Natural site L724 '4 - _ 4'- amenities may consist of a significant stand of trees, unusual topographic conditions,natural drainage A variety of tree species are located within Princess Anne Commons due to the site's previous use as a tree nursery patterns,and similar natural features,and should be preserved to the greatest degree possible.Natural characteristics create a sense of place on undeveloped sites that can be expanded upon during the development process. Specific Standards Please see Appendix A—Section 1 for specific requirements related to landscape plantings, irrigation,site lighting,and site furniture. Access and Circulation Curb cuts and driveways should be kept to a minimum,especially on internal, pedestrian-oriented streets. Page 2-1/Site Planning Design and Development Guide/Biomedical Park November 2016 U Clearly mark and efficiently place --,... ..i.,.,—.:1-7.-:, - - . _ =- vehicular and non-vehicular ,,,-.,...-,.,.-44-....-0--.;-.4, access to all new developments ~ ,' _ during the planning and .i development process.Vehicular and pedestrian access should be 3 distinct and clearly separated. The Operation Smile campus demonstrates good use of the separation of vehicular and pedestrian access to the site U As depicted on this plan,there should be an internal circulation system that provides safe and convenient access to uses within the development site. • 740, r .: ----?,--...iit....,.. ",:::-.. -4.. -, ---:..,.... A - A TZ Coordinate access \ To minimize traffic with or provide conflicts,entrances and a., - exits to a development from the secondary ^° _ should be consolidated to street system or by �,;r cross- arcel .. . 4:471-'77----- ;?" � �� w�� �I� . •.0 the greatest extent iai L �, ,' ��a� possible and located a easements 4 •1.3.'�' ' .,, ; ����':� sufficient distance away whenever possible. . • ' �,;` V� -if�`��,,,,,:-..:'- '1� �.���,;,.t • � from street intersections. .......... i ' .. • '\ ‘..,!. Ar •,._ "1-7 .41/4, - A. ,,^• v * •, ,N ,._,./4 .,,... - - N7,041 _ `,:m. -- •1 4p,Newt,:/ — ,s t,(. ' ,y , i ., ,,, .. „,,,,,,..„ \,./ ,,,,, ,....„ ‘ ...... ...,/ .,........._i,,taig,„,. .„ , ..,..- _ ./.... ., - — ... .1iiiirer -t. ,✓ ,,a . ; �� - ,,er . - .....'. /b.-. ezp Where compatible land uses v /_.. /.7-.4.' , ' (((„J// adjoin one another,access � � 7-- ____w..r.. �, from the internal circulation / system to surrounding F: {Illi D. properties should be provided. ' (Plan prepared by VIM and Da for lirginio Beach Professional Baseball©2024) Page 2-2/Site Planning Design and Development Guide/Biomedical Park November 2016 } 4 " '• Entrances and t : w V. r=� driveways should permit safe and convenient pedestrian crossing where they intersect sidewalk and other • pedestrian access ways. ,: " A change in paving -NOM material to make the driver aware of the crossing is encouraged. U Where appropriate,pedestrian pathways not necessarily associated with the public roadways fronting the property should be provided in developments. �+ r:. Pedestrian pathways should be located within a landscaped or natural area that may consist of a significant stand of trees, +, " unusual topographic conditions,natural drainage patterns or other natural features. • Pathways should be constructed of a durable,low maintenance material such Existing pedestrian pathway in Princess Anne as asphalt or some surface material that is Commons semi-permeable in nature. Page 2-3/Site Planning Design and Development Guide/Biomedical Park November 2016 -- " Parking Areas • To the greatest extent possible,parking areas should be located toward the rear of the site while buildings should be generally oriented to the front of the site adjacent to the principal roadway access. Additionally the parking area should be broken up into separate sub-areas to avoid the 'sea of asphalt'appearance. 7•' • • Example of buildings -"',,./ Landstown Commons .• Shopping Center . at front of site ; t Farling atlocated , _ !�': o.w.n inn v.Anne at rear of site. \\7\� n.n9 Ponce,ann• nit,.•••snoyt+•ny�ttnu , pT��trun crrcui..non \ . • eV c -. „\ ��Y`4,t� ''arms ' ' r . ,, A 4.0 � � •` s a5c A� <� s% .' 9' Q i , 4�0 n o'90 o , .�. t? \ N., ` IILandscaping for thea parking area should be ¢�' strategically located to •- ,; P....4�`' 4 • provide visual relief, • ., ` r r •. _ `! shading of the lot,green :.. .'"...4>< ' '-' -.... . 'Y- , �I.areas,and screening � .- while insuring that ±r, lines-of-sight are Illit. • maintained,both at the F } .•' :'. E•Trif„. L ' time of planting and • ' -i , : when the plants have matured. - Page 2-4/Site Planning Design and Development Guide/Biomedical Park November 2016 . Access between parking areas on separate lots should be accomplished through use of shared-access easements,which join the lots. Individual curb cuts for each parking area onto roadways is discouraged.Internal circulation roads on a parcel should be designed with stubs to adjoining undeveloped parcels that will provide future shared access. 4110 • •-s • t. r \. Area with several projects that demonstrate the use of good internal access to parking lots with limited access points to arterial roadways Page 2-5/Site Planning Design and Development Guide/Biomedical Park November 2016 ..1111`._ 0 As required by the City Zoning Ordinance(§ 203),areas for the parking of bicycles and motorcycles must be provided on site with ready access to the pedestrian/bicycle pathway system. r orft" N' , 4 ". — ''''''''-'4%)0Z+0,. ...tr.t - Orli'llg: ''' ‘Iiii.. 3 ` L _ ,4101 Bicycle parking ruck thut also serves as public art Page 2-6/Site Planning Design and Development Guide/Biomedical Park November 2016 BUILDING DESIGN The relationship of buildings to the public and private spaces around them is critical to the overall success of the Princess Anne Commons BioPark. Building placement,massing,and appearance define this relationship. Each building's architectural style,form,architectural details,exterior materials,textures,and color work together to provide an environment that ensure quality and provide a sense of place that will remain memorable. Placement on Site & Architectural Style The following provides general guidelines pertaining to the placement of buildings on a site within Princess Anne Commons for corporate,research,medical facilities,and academic buildings.Construction of all such facilities are governed by the City of Virginia Beach Zoning Ordinance and the Virginia Statewide Building Code,latest amended edition.In all cases, however,should there be a conflict between the guidelines and the Zoning Ordinance and/or the Building Code,latest amended edition,the Zoning Ordinance and/or Building Code prevail. 1111 The general principal for building placement and architectural style is development of one-story or multi-story buildings(dependent on use),set in a landscaped environment that maintains an aesthetic continuity throughout the surrounding area. As noted in the Introduction of these Guidelines,there is a Design Vocabulary for Princess Anne Commons,and the existing buildings within the Commons stand as examples of the design style,materials,and colors to be used(see photo on next page and the photos in the Introduction). Each designer is encouraged to express individuality and creativity while blending his or her design into the design context of the surrounding area. The general design context should reflect a high-quality,modern corporate image. Colonial era architectural elements may be integrated into the design;however,the overall architecture of the building should not be a replication of colonial era design. All building designs will be subject to the approval of the City(through the Proffers of the Conditional Zoning Agreement)and the City of Virginia Beach Development Authority.It is intended that the architecture and landscape create a basic harmony of design throughout Princess Anne Commons such that no building,sign,landscape,or other element of the built environment will detract from the attractiveness of the overall environment. Building Mass The following provides general guidelines that emphasize the importance of the mass,scale,and proportion of buildings on a site within Princess Anne Commons for corporate,research, medical facilities,and academic buildings. In all cases,however,should there be a conflict Page 2-7/Site Planning Design and Development Guide/Biomedical Park November 2016 between the guidelines and the City of Virginia Beach Zoning Ordinance and/or the Virginia Statewide Building Code,latest amended edition,the Zoning Ordinance and/or Building Code prevail. How the mass of a building is distributed on a site usually has the greatest impact on a project's overall appearance and its relationship to the surrounding area. As demonstrated by the building shown in the photograph below,breaking the footprint of a large building into smaller parts and varying a building's height is a valuable concept when designing large projects. ii : - I .. .. witFFFF` �� 'C I �!1' ! ' F .� iri' F F ; -0411". • ='I t —a M1 F WR 4 Photograph®2016 Sentaro Healthcare Sculpting a building's massing can also help avoid big bulky structures that result in visual monotony rather than visual interest. It is the well-balanced variety of building massing and textures of shadow,light,and material that,in total,add to the richness of Princess Anne Commons built environment. Building Façade Facades of buildings that face the street should incorporate cornices,expression of structural or architectural bays,recessed windows or doors,material or material module changes,color and/or texture differences,or strongly expressed mullions. Page 2-8/Site Planning Design and Development Guide/Biomedical Park November 2016 As an example,the photograph below is of a building in a modern style with various components that integrate principles of sustainability into the overall design.While the style and integration of sustainability principles contributed to the large expanse of the façade,there are subtle changes that provide visual interest from an external perspective: • The rectangular grid pattern created by alternating the metal panels; • The triangular projection in the center of the façade (shown in the lower left of the photograph);and • The rectangular windows of the '' same size as the metal panels set :.!/. r into the façade at ` :0 what appears from outside the building to be .. random locations. All sides of a building should have continuity of design.No side should be unimproved. All architectural details,such as roof lines and parapets,should continue around all sides of a structure. Page 2-9/Site Planning Design and Development Guide/Biomedical Park November 2016 Exterior Materials and Colors a Buildings should be of long-lived and sustainable materials,including brick, stone,tinted and textured concrete masonry,and glass. EIFS should not be used below the first floor elevation except when used as soffits.The material palette should provide variety,reinforce massing and changes in the horizontal or vertical plane. II An identifiable break should be provided j' between a building's ground or second �' floor and the upper floors.This break may irroor- consist of a change in material,change in fenestration,or similar means.As shownin the photograph to the right,the pre-cast block and cornice around the windows ."provide such a break. - ii- -- V Lal i.id,;.1 ,.f III Colors,materials,and finishes should be +'' / coordinated in a consistent manner on all elevations. s In order to maintain aesthetic continuity 1 fi* within Princess Anne Commons,bright primary colors should not be used except ,ola , in limited use for building accents,such as t 77 entry doors or trim. ,'ALX- . - r The bright blue bond above the first floor arcade level of this l., building shows on appropriate use of o bright primary color as ant accent. Page 2-10/Site Planning Design and Development Guide/Biomedical Park November 2016 Exterior Building Lighting iip Each project should develop a system or family of lighting with layers that contribute to the night-time experience, including facade uplighting,sign 1 and display window illumination, . landscape,and parking area lighting. � �'• , =,:.� '-, ,,1 l !mss �� - i i 1 11 ., it , l; 0 Integrate security lighting into the _ •'�' i I- LAMM architectural and landscape lighting •-,:.,,.,-,c.. -R;""' . - t..' system.Security lighting should not be �-"" '" `. distinguishable from the project's overall lighting system. i e m_________,_171.07 • Exterior lighting should be shielded to reduce glare and eliminate light being cast into the night sky. 4 immiimil Page 2-11/Site Planning Design and Development Guide/Biomedical Park November 2016 Mechanical Equipment and Service Areas i Ground level mechanical equipment that cannot be located inside the building should be screened with an enclosure or structure incorporated into the main building. The design,materials,and colors should be complementary with the main building. Rooftop mechanical equipment(including .- elevator rooms)should be screened so as to be`invisible'from the ground adjacent -- ...i to the building as well as from approaches =~L to the building. Horizontal(flat)roof forms should be screened by extensions of • the building wall planes(parapet). • ,•/ -.� -fir w.•J .� , \k4. ip Loading and trash collection areas should be concealed from view to the greatest extent possible and are ideally located inside the building. Access to these areas should be minimized and arranged so that maneuvering is avoided on public streets. A vertical clearance of at least 14 feet is recommended. Parking Structures Traditionally,the design of parking structures takes a secondary position to the development of larger projects. Parking structures are often treated as nothing more than buildings having the sole function of providing a place for people to park their cars and not as an integral part of the design fabric of the locale. The following guidelines are for those instances when a parking garage is deemed the best parking solution.The guidelines are intended to encourage parking structures that will be integrated into the desired design fabric of Princess Anne Commons, so that ultimately, parking structures will be viewed as long-term, quality amenities to the city and not as utilitarian'quick-fixes' for a parking problem. Page 2-12/Site Planning Design and Development Guide/Biomedical Park November 2016 U The exterior facade should maintain ! in ! II a horizontal line throughout. The °: sloping nature of the interiorL91 arillriraninillilla structure,necessary in the design of parking structures, should not be II as III repeated on the exterior facade. ■■ ■ — me r um , Ns MI 11111111111111 NMI AIL Eli u • The height and mass of the structure IIIshould be consistent with the urban design fabric within which the structure is to be located(e.g.,a 7 story parking structure should not beI, - .:, f.. situated in an area that consists of { � '. ..�: x primarily 2 to 3 story structures). 40 ea U Parking structures should have an external`skin'designed to improve the building's appearance over the basic concrete structure of ramps, walls and columns.This can include heavy-gage metal screen,pre-cast - _- concrete panels,laminated glass or • ' ; ' • i • _ photovoltaic panels. ``'°: . U Parking structures should integrate / sustainable design features such /� as photovoltaic panels(especially on the top parking deck),renewable �,, '�-• d materials with proven longevity,and . , •'fl�l li – 11 stormwater treatment wherever ) I . �'. I I possible. _ ,iiii . ( IJ - 1 `li.A i 7 :41'4101 e''I' Lt LI if fil iJTP Pi e Page 2-13/Site Planning Design and Development Guide/Biomedical Park November 2016 Pedestrian access to and from a U - parking structure should be well- defined and attractive.Vertical circulation cores(elevator and •- stairs)should be located on the - --` primary pedestrian corners and be highlighted architecturally so r n visitors can easily find and access these entry points. Directional signs 4111 r should be provided at internal exits -= - - 1 to identify streets and help orient pedestrians as they exit the parking facility. Proper security is an important IIIaspect of parking structure operations. A safe,secure environment for patrons, employees,and vehicles is critical. s, ►i Adequate security measures shouldem be an integral part of the design. , ^ i r „ ` . The overall design of the structure `' should be such that it provides for ` _ easy surveillance from the street. ttt _,,.t-. - �� = "'+"0 The proper placement and design of '.'aA 1 '; 1 > iii ¶T yli • ,t . windows,lighting,and landscaping lucia. ..- increases the ability for police and -- others to observe intruders and maximizes the potential to deter crime. Elevators-Elevators should be — located along the exterior periphery of = the building,preferably on a street side and oriented so that the elevator lobby 111 lila is visible from the street at each level. The back of the elevator cab and shaft should be made of glass or other similar transparent material that will allow maximum surveillance from the I exterior. Stairways-As with elevators, stairways should be located along the 111111111111161111111: - exterior periphery of the building, preferably on a street side and oriented t ,.z,-t_ so that the stairway is visible from the if rstreet at each level.Glass or a similar 11111 /if 1 transparent material should be used to __ allow visibility. Page 2-14/Site Planning Design and Development Guide/Biomedical Park November 2016 Access-Pedestrian access into and out of the building should be channeled thorough only one or two points to allow surveillance either by a cashier or a remote television camera. Page 2-15/Site Planning Design and Development Guide/Biomedical Park November 2016 Ap ' endix A SECTION 1 ® Protection of Existing Vegetation: Site developer, through sensitive grading and drainage plans, shall save stands of natural vegetation 15' outside of all proposed building walls and 5' outside of all paved areas. The building developer shall identify, "flag", and barricade up to the tree dripline such stands prior to site clearing or grading operations. Storage of materials or equipment shall not be allowed within these barriers during construction and barriers shall not be removed until finish grading of sites has been completed. All City of Virginia Beach and State of Virginia tree protection notes are applicable and shall be enforced. General requirements of new plantings: 1. All shade trees along pedestrian walkways shall have a minimum branch hang height of 6'-8" . 2 . Where shrubs or groundcovers are used, "massing" is required unless otherwise approved. Extensive varieties of plants within one planting bed is discouraged. 3 . Sod rather than seeding is required within 50' of all buildings and along all adjacent roadways which the property lines front. Minimum width of sod along roadways shall be 15' if applicable. 4 . Flowering trees shall have a minimum caliper of 1 1/2"-2" . 5. Shade trees shall have a minimum caliper of 3 1/2"-4" except for shade trees in parking lots which shall have a minimum caliper of 2 1/2" - 3". Page 2-16/Appendix A Design and Development Guide/Biomedical Park November 2016 APPENDIX A 6. Within the parking field and in adjacent curbed planting areas, there shall be one shade tree per 10 parking spaces with a minimum ground area of 8 ' x 17' surrounding the tree. 7. Continuous evergreen screening shall be required along any side of a parking lot that abutts the right-of-way of any street, lake or canal. Minimum height of plant screen along the right of way of any street shall be 30", planted 3 ' o.c. ; where parking lots are visable from lakes or canals the plant screen shall be 4 ' to 5' in height, planted 3' o.c. Berming may be substituted and shall be a minimum height of 3' . 8. The attached plant list shall dictate varieties to be used unless otherwise allowed 9. All building entry drives shall be well landscaped with a combination of evergreen shrubs and flowering shrubs or flower beds, see (Exhibit L) . 10. All site utilities such as heat pumps, transformers, etc. shall be screened with an evergreen shrub with spacing not to exceed 3 ' o.c. Height of shrub at installation shall be a minimum height of 4 ' to 5' , see (Exhibit I) . 11. All visible loading docks or loading areas that abut property lines or street right of ways shall be screened with evergreen shrubs or evergreen trees. Minimum height of shrubs at installation shall be 36" with spacing not to exceed 3' o.c. , minimum height of evergreen trees shall be 4'-5' in height with spacing not to exceed 8' o.c. , see (Exhibit I) . 13 . All planting bed areas shall be covered with a 2" layer of shredded hardwood mulch. Page 2 17/Appendix A Design and Development Guide/Biomedical Park November 2016 IIIIPPENDIX 14 . All plant material, topsoil, mulch, fertilizers, etc. shall be subject to VBDA approval. Rejected materials shall be removed from the site without delay. 15. Location of underground utilities shall be determined prior to start of work to avoid damaging. 16. All planting operations shall be under the supervision of an experienced plantsman. 17. All landscape planting plans shall be prepared and sealed by a landscape architect certified to practice as such in the Commonwealth of Virginia. 18. All plants shall be nursery grown & shall be in accordance with the most recent edition of the "American Standard for Nursery Stock. " Spaded trees may be accepted if approved 19. All entry drives into each building site shall be landscaped, see (Exhibit L) . 20. Street trees(3 1/2" - 4" caliper, 14' to 16' in height) shall be placed along all roadways, within the right of way, which properties abut or adjoin. One tree shall be provided for every 35' of property line that adjoins or abutts the roadway. Existing street trees, 75' off the property line, in both directions, if applicable, shall be located and shown on all landscape planting plans. The spacing of all new required street trees shall tie into existing trees maintaining a maximum spacing of 35' on center. 21. In addition to the above requirements all landscaping shall comply with the City of Virginia Beach Landscape Ordinance. Any discrepancy between the Design Criteria requirements and the City of Virginia Beach Landscape Ordinance, the more stringent requirements shall govern. Page 2-18/Appendix A Design and Development Guide/ Biomedical Part: November 2016 APPENDIX1k IRRIGATION Each site developed shall have an automatic irrigation system to irrigate all new trees, shrubs, seeded areas & sodded areas up to the property line and to any road edges which they adjoin or front. The irrigation system shall be designed to provide the proper water requirements to maintain healthy plant life. Lawn areas and shrub beds shall be on separate zones. D SITE LIGHTING The intent is to create a uniform lighting system for the exterior lighting of the park 1 . Parking light fixtures shall be a maximum height of 30' 2 . Low bollard fixtures or landscape lighting is recommended for walks and building entries, 3 . Building mounted floods will not be permitted, except in completely internalized service courts for the research and development (R&D) areas. __ 4. Lighting in parking lots, walkways, signage and on all buildings shall be "cool white" mercury vapor lamps. Lighting in all public right-of-ways shall be high pressure sodium. 5. Lighting levels will be determined by the recognized standard of the lighting industry, as specified in the "Lighting Handbook of the Illuminating Engineering Society" . Lighting levels in parking lots shall be minimum . 5 foot candles. 6. Accent lighting of buildings, landscaping and signage is required. 7. All lighting adjacent to residential areas will be placed in such a way to prevent glare or overflow lighting into these areas. Page 2 19/Appendix A Design and Development Guide/Biomedical Park November 2016 CPPENDIX 1 SITE FURNITURE Site furniture shall include benches, seats, tables, trash receptacles, and planters, and may be placed at building entrance plazas and at entry walks. •-RRORERVE I'HI I NOT ABBIICAB6 ADJACENT TO BESWENTIAI ZONES) �EVERGREEN v1.Gl •x TREES �' b• .IIx. 0./l lW IOAxINC Al WAREHOUSE EVERGREEN SHRUB MASSING S' TO P HEIGHT thp E1EIy1R' 'ri E 1p }litr.Al.s . ISSN •.,R•11m111'' I} 7S,4B/1RR����./n,„ t,„ ..„,....:..........,, .......„y.....,::„.....„.:.. 111' MIN. or tuna TRANSFORMER Fir! 1 MRvr �1 M;: SI / " � M B.0 E SHRUB uBh ' Fr. 1111111!!' VLo e HEIGHTvr. CH. �Wtn •MCWITH Ent , sDI ,EP.Aro. 0 „ oIM sIBCREEN SWIM! MASS V TO r HEIGHTid I Iit 1. 1..11,.. Oslo.IB ,uA11tlLAL DIU OVARIOUS SCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS Page 2-20/Appendix A Design and Development Guide/ Biomedical Park November 2016 APPENDIX A ,":,.Ip:.r IvItMASScitisNC Htu• r IP (i tire if ,1E: 41p 06, Cir, /•' ��;a I / 65.E rili:ii W` lt; 'It: �°• 1 RIt: 411 �.�L;� ��r^�� CS ,c.1 Loi .,�0 ,r nig ,. at- ►O• C• 'Yr• El}1�l, I ( � hi„1 • . '1( .r .,y e• , ; OyN17B£ACyv tli V? CITY OF VIRGINIA BEACH � l a ' zy INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9743 DATE: November 30, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: .B. Kay Wlson DEPT: City Attorney RE: Conditional Zoning Application; Virginia Beach Development Authority The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 13, 2016. I have reviewed the subject proffer agreement, dated September 1, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(31 AND 5S.I-81 I(C)(5) PROFFER AGREEMENT THIS AGREEMENT is made this lit_day of 2016,by and between THE CITY OF VIRGINIA BEACH DEVELOPMENT AL'THO TY, a political subdivision of the Commonwealth of Virginia ("Grantor') and the CITY OF VIRGINIA BEACH a municipal corporation of the Commonwealth of Virginia("Grantor"and"Grantee"). WITNESSETH: WHEREAS,the Grantee is the current owner of a certain property located in the Princess Anne District of the City of Virginia Beach,containing approximately 145.78 acres and described in Exhibit A attached hereto, and shown on the plats attached hereto as Exhibits B,C,and D, and incorporated herein by reference, said property hereinafter referred to as the"Property"; and WHEREAS,the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and thin in order to permit differing types of uses on and in the area of the Property, and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; and NOW I HEREFORE, the Grantors, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction form the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use GPINs: 1484-88-2692; 1484-87-9998(portion of); 1494-24-9673 (portion of); 1494-37-0144; 1494-27-3629; 1494-27-8234; 1494-27-7224; 1494-27-8187; 1494-27-9027; 1494-26-6819; 1494-27-3399; 1494-45-5995; 1494-45-7855; 1494-45-9734 of the Property, and hereby covenantand agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The following, which arc listed in Section 1001(a) of the Zoning Ordinance as principal and conditional uses in the 1-1 Light Industrial District, shall be the only uses permitted on the Property. Any principal or conditional use listed in Section 1001(a), but not listed below, shall not be permitted on the Property: a. Building-mounted antennas,as specified in Section 1001(a); b. Business,medical,financial,nonprofit,professional and similar office buildings; c. Communication towers,as specified in Section 1001(a); d. Fiber-optics transmission facilities; e. Manufacturing,processing,extracting,packaging or fabricating establishments;provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage, scrap or junk; f. Printing,lithographic or publishing establishments; g. Public buildings and grounds; h. Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums; i. Public utilities installations and substations including offices, as specified in Section 1001(a); j. Public utility transformer stations and major transmission lines and towers (fifty thousand(50,000)volts or more); k. Radio or television transmission and relay stations; 1. Small wireless facilities,as specified in Section 1001(a); m. Vocational,technical,industrial and trade schools; n. Wholesaling,warehousing, storage or distribution establishments; and o. Wind energy conversion systems,as specified in Section 1001(a). 2. Accessory structures and uses shall be permitted as set forth in Section 1001(b) of the Zoning Ordinance. 3. The architectural style, exterior building materials, and site design shall be substantially in accordance with the "Design and Development Guidelines —Princess Anne Commons Biomedical Park." Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan andior subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia BeachVirginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2264 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (I) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the name of the Grantors and the Grantee. 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR: Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia By Q./a Nam Title:Q ,„ COMMONWEALTH/STATE OF \ •7•,;;, {.. CITY/COmidT'f OF' v „jct.>, . }., to-wit: The foregoing instrument was acknowledged before me this\'> day of 20\`., , by \)p-3 \,_W�-r\ , who is personally known to me er-has--produced moo.,, in Ajp/her capacity as as Chairperson of the Virginia Beach Development Authority.-- • Notary Public My Commission Expires:-37 U-ZO\ t'\ Registration No. 7.J\b2 Z \ [NOTARIAL SEAL/STAMP] ... A....tnytt . P � SS . •�2 YP •• i • :2 MY O , COMMISSION On; NUMBER !? S t 273321 so 04 . '.,4ACTH OF 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTEE: CITY( t :'-EACH, VIRGINIA By: 1►--`�, _--_1 E.� ______ _ __ Name: My1sD L . \-4.A.AS �• Title: +7�- OA" ATEST: U (/' OV-g Ruts-ItodgesFraser, City Clerk C Ct. A.,.,, at/ <-ttti -46,1 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ^,� b � � C " The foregoing instrument was acknowledged before me thisrJ day of , 2016, WO or✓O L i---(9--i rt/ _. 4/' V 4 — Nota Public My Commission Expires: Phdebty_ Commonwealth Of Virginia Registration No. —3 b 7 ¶9 '/C Jennifer Kay Farr-Brewer-Notary Public Commission No.76559/}} V),Commission Expires f/.7//0€/./7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I— The foregoing instrument was acknowledged before me this 20 day of OChyc_,—, 2016, by CMOvn Po"�„ l c"17 Votary P;die My Commission Expires: j /7/ho/c( Registration No. "7/i TS4 `l Commonwealm Of Virginia Jennifer Kay Fan-Brower-Notary Public Commission Nc.7651 My Commission Expires J(,[�o,L9 5 EXHIBIT A PARCEL ONE (Aperox. 128.e9 Acres): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL C 5,605,790 sq. ft. 128.69 AC", as shown on that certain plat entitled "RESUBDIVISION OF PROPERTIES TO BE CONVEYED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FROM THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA 14 SEPTEMBER 2016", prepared by wpl , which plat is attached hereto as Exhibit B. reference to which is made for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia,as follows: a) By deed dated February 15, 1995, from NationsBank of Virginia, N.A., and recorded in the Clerk's Office in Deed Book 3475,at page 497; b) By deed dated January 3, 2001, from Silas H T Chang and Carol F Chang, as Trustees under a certain revocable trust established on April 23, 1992, unrecorded and identified as The Silas H T and Carol F Chang Revocable Living Trust, and recorded in the Clerk's Office in Deed Book 4346,at page 447; c) By deed dated October 11, 2001, from John J. Young, and recorded in the Clerk's Office in Deed Book 4560, at page 83; d) By deed dated March 5, 2001, from Rose Lee Wilson, a/k/a Rosa Lee Wilson, and recorded in the Clerk's Office in Deed Book 4394, at page 1669; e) By deed dated November 4, 1998, from Rogelio A. Escobar and Merle M. Escobar, and recorded in the Clerk's Office in Deed Book 3983,at page 1290; f) By deed dated August 6, 2015, from Southern Bank and Trust Company,a North Carolina corporation, and recorded in the Clerk's Office as Instrument Number 20150819000800090; and g) By deed dated July 15, 1997, from Bernard W. Tunstall, Jr., and recorded in the Clerk's Office in Deed Book 3770,at page 269. PARCEL TWO(Approx. 5.80 Acres): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying. situate and being in the City of Virginia Beach, Virginia,known, numbered and designated as`PARCEL IB 252.690 SQ. FT. 5.8 AC",as shown on that certain plat entitled"RESUBDIVISION OF parcel 2 tract 2 7 and "SITE I" RESIDUE 'B' TO BE CONVEYED TO THE CITY OF VIRGLNIA BEACH DEVELOPMENT AUTHORITY FROM THE CITY OF VIRGINIA BEACH VIRGINIA BEACH, VIRGINIA 14 SEPTEMBER 2016" , prepared by wpl , which plat is attached hereto as Exhibit C reference to which is made for a more particular description. IT BEING a portion of the property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, as follows: a) By deed dated February 15, 1995, from NationsBank of Virginia, N.A., and recorded in the Clerk's Office in Deed Book 3475,at page 497; and b) By deed dated July 15, 1997, from Bernard W. Tunstall, Jr., and recorded in the Clerk's Office in Deed Book 3770, at page 269. PARCEL THREE(Annrox.11288 Acres): ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as "PARCEL A (491,689 SQ. FT.) (11.288 AC) GPIN_ 1484-88-2692", as shown on that certain plat entitled "SUBDIVISION OF GPIN 1484-87-9998,PORTION OF PROPERTIES OF THE CITY OF VIRGINIA BEACH (M.B. 241, PG. 26 & INST.k 20100323000271390)VIRGINIA BEACH,VIRGINIA", Scale: I"=100', dated November 7, 2012, prepared by SIA Site Improvements, which plat is recorded in the Clerk's Office as Instrument No. 20131028001276130 and attached hereto as Exhibit D. IT BEING a portion of the property conveyed to the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia,by deed dated February 15, 1995, from NationsBank of Virginia,N.A., and recorded in the Clerk's Office in Deed Book 3475,at page 497. 8 EXHIBIT B (Plat-Parcel One) 9 EXHIBIT IT 1I Fl '�- 1 (`'. W ;t aFt.q _ is � I � � �' . !t1 ;j!fl ;ar l �11 5' K�ee {. R at W G gi E¢ 5 11:- ;g saa'2 pz aas 1:x4.14 a q. @ ; 9,? ..qd°_ 6 Is o Z "1._ aL1 P gi�F 1117 vi d1,2 C gR'_c 'i 11E1, B� apai CES Piir 1 :k..1, AOlNF50,64 q s 3s PRI E ag�da fi� 1.= R .i a a lab e�� R5IIy 2 P F ' 4212 .Rea =, gis44 t P gigHt D C7 U`--: s,1 ', ,t `�s� :F. i;iI ( F c r+g� E F� ga P 4`g - g ` m 5 H K 9y RS i F g9 9 . Fne4 a _ �'� �e R e:i a6 ^£A4 P i 0, ;I � Ras . si is 3;g$g/ a ':" s w5 ill, S SE EF '4 3' 15Pig e 0 P . .. a gq 5A ai a °}¢ z9 CA 6E FR ,vpta A € @ 42 aCap ® 4 <F to @^;3 K R c ,, LCp �'j¢ 3 9 {{ lc 3, Fg 9_ Y? F. ^ 9 .g 1 PPq C 3 A [ £ 7 �9 ` 4 Ia o c !,,,ii?m 6 1i i i. 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G' �a l - t4 , q - E \4\9 L — ov-84 �: �. \ atr, IK ° g =- 1= — ^3 ;3=o C am Cga F• a z £m G '� zg S. pi A_ aloin m / �Eg k: Q S VI ZRri Q Y e m$ ' 40, .. 98 Item—VI-J.11 a PLANNING ITEM#66637 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance: a. Section 230 pertaining to Craft Breweries/ Distilleries and the preparation of food 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 1 AN ORDINANCE TO AMEND SECTION 230 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO CRAFT BREWERIES AND 4 CRAFT DISTILLERIES AND THE 5 PREPARATION OF FOOD 6 7 Section Amended: § 230 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 230 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 230. - Craft breweries and craft distilleries. 20 21 (a) In addition to general requirements, craft breweries shall be subject to the following 22 provisions: 23 24 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 25 be held by the establishment at all times, and the conditions of any such 26 license shall be incorporated by reference into any conditional use permit 27 authorizing a craft brewery; 28 29 (2) Only bBeer or other fermented malt beverages, and non-alcoholic beverages, 30 and food may be served; 31 32 (2.5) Unless expressly allowed by the conditional use permit, there shall be no food 33 preparation' 34 35 (3) Beer or other fermented malt beverages may be sold for on-premises 36 consumption and for off-premises consumption at retail or wholesale; 37 38 (4) Unless expressly allowed by the conditional use permit, there shall be no sale 39 or consumption of alcoholic beverages on the premises between midnight 40 and ten o'clock (10:00) a.m.; 41 42 (5) Live music shall be performed only inside the establishment and doors and 43 windows shall remain closed during such performances, except during the 44 actual ingress and egress of patrons and employees; and 45 46 (6) The city council may impose such reasonable conditions as it deems 47 necessary to avoid or mitigate adverse impacts upon other property. 48 49 (b) In addition to general requirements, craft distilleries shall be subject to the following 50 provisions: 51 52 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 53 be held by the establishment at all times, and the conditions of any such 54 license shall be incorporated by reference into any conditional use permit 55 authorizing a craft distillery; 56 57 (2) Only spirits and non-alcoholic beverages may be served unless otherwise 58 permitted under applicable state alcoholic beverage control laws and 59 regulations for private events; 60 61 (2.5) Unless expressly allowed by the conditional use permit, there shall be no food 62 preparation' 63 64 (3) Spirits may be sold for on-premises consumption or off-premises 65 consumption at retail or wholesale; 66 67 (4) Unless expressly allowed by the conditional use permit, there shall be no sale 68 or consumption of alcoholic beverages on the premises between midnight 69 and ten o'clock (10:00) a.m.; 70 71 (5) Live music shall be performed only inside the establishment and doors and 72 windows shall remain closed during such performances, except during the 73 actual ingress and egress of patrons and employees; and 74 75 (6) The city council may impose such reasonable conditions as it deems necessary 76 to avoid or mitigate adverse impacts upon other property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ALt_ i%,�� . • s s.lt •arty Fra ' -nfield B. Kay Wilsonice � Planning •epartment City Attorney'-(I • CA13651 R-2 October 17, 2016 2 99 Item—VF✓.II b PLANNING ITEM#66638 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance: b. Sections 201 pertaining to yard setbacks for generators and pool equipment 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 1 AN ORDINANCE TO AMEND SECTION 201 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO YARD SETBACKS FOR 4 GENERATORS AND POOL EQUIPMENT 5 6 Section Amended: City Zoning Ordinance § 201 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 201 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 201. Yards. 18 19 (a) General. All required yards shall be unobstructed by any structure or other 20 improvement which exceeds sixteen (16) inches in height as measured from 21 ground elevation; provided, however, the following improvements may be 22 located in a yard: 23 24 25 26 (4) Residential heating and cooling equipment, generators _and pool 27 equipment which does not extend more than five (5) feet into the yard and 28 which is are no closer than five (5) feet to the nearest lot line provided that 29 generators and pool equipment shall be screened by a solid fence or 30 landscaping if they are located within ten (10) feet of the lot line; and 31 32 33 34 COMMENT 35 36 This amendment will include generators and pool equipment in the exception allowing 37 residential heating and cooling equipment to he located five feet into the setback. Generators and 38 pool equipment, because of the potential noise, shall also have screening, fence or landscaping, if 39 they arc located within 10 feet of the lot line. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of December 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Franken ell B. Kay Wils Planning Dep.rtment City Attorne Office CA12626 R-2 October 17. 2016 2 100 Item—VI-J.1le PLANNING ITEM#66639 Upon motion by Councilman Moss, seconded by Council Lady Ross-Hammond, City Council ADOPTED, Ordinance to AMEND the City Zoning Ordinance: c. Section 301, 401 and 501 pertaining to columbarium located in cemeteries as a principal use in the Preservation, Agricultural and Residential Zoning Districts Voting: 9-0 Council Members Voting Aye: Al. Benjamin Davenport, Robert Al. Dyer, Barbara M. Henley, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John K Uhrin and Rosemary Wilson Council Members Abstaining: Vice Mayor Louis R.Jones Council Members Absent: James L. Wood December 13, 2016 1 AN ORDINANCE TO AMEND SECTIONS 2 301, 401 AND 501 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO 4 COLUMBARIA LOCATED IN CEMETERIES 5 AS A PRINCIPAL USE IN THE 6 PRESERVATION, AGRICULTURAL AND 7 RESIDENTIAL ZONING DISTRICTS 8 9 Sections Amended: §§ 301, 401 and 501 of 10 the City Zoning Ordinance 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 301, 401 and 501 of the City Zoning Ordinance is hereby amended 19 and reordained to read as follows: 20 21 Sec. 301. - Use regulations. 22 23 (a) Principal and conditional uses. The following chart lists those uses permitted within 24 the P-1 Preservation District. Those uses and structures shall be permitted as either 25 principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses 26 or structures other than as specified shall be permitted. 27 Use P-1 Cemetery, columbarium, crematory and mausoleum C Columbarium located in cemetery P 28 29 Sec. 401. - Use regulations. 30 31 (a) Principal and conditional uses. The following chart lists those uses permitted 32 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 33 respective agricultural districts shall be permitted as either principal uses indicated by a 34 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 35 shall be prohibited in the respective districts. No uses or structures other than as 36 specified shall be permitted. 37 Use AG-1 AG-2 Cemetery, columbarium, crematory and mausoleum C C Columbarium located in cemetery P P 38 39 Sec. 501. - Use regulations. 40 41 (a) Principal and conditional uses. The following chart lists those uses permitted 42 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 43 respective residential districts shall be permitted as either principal uses indicated by a 44 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 45 shall be prohibited in the respective districts. No uses or structures other than as 46 specified shall be permitted. 47 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 Cemetery, columbarium, crematory c C C C C C C C C X and mausoleum Columbarium located in cemetery PP P PPP P P P X Adopted by the Council of the City of Virginia Beach, Virginia, on the - 13th day of December , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,selor Me Barry Franke fi-1d B. ay Wilso Planning Dep:rtment City Attorn:4. Office CA13653 R-1 October 17, 2016 1:inOui5 City of Vir�ii-i." Beach 3 qs OpR NPPO4s LOUIS R.JONES PHONE. 1757)583-0177 VICE MAYOR FAX 1757)5884659 Refer to File No.: 0059412 December 13,2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.2-3115(F), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, 1 make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on Section 301, 401, and 501 of the City Zoning Ordinance pertaining to columbarium located in cemeteries as a principal use in the Preservation, Agricultural, and Residential Zoning Districts. 2. I am a member of the funeral business, and I have an ownership interest in both Tidewater Cemetery Corporation and Ilolloman-Brown Funeral Home, Inc. My ownership interest in both corporations exceeds 3% of the total equity in each corporation. The corporate address of Holloman-Brown Funeral Home, Inc. is 8464 Tidewater Drive, Norfolk, Virginia. The corporate address of the Tidewater Cemetery Corporation is 1453 Kempsville Road. Suite 101, Virginia Beach, Virginia. 3. I am a member of a business or profession (the funeral business) and a group (persons with an ownership interest in the funeral business) the members of which are affected by Council's consideration of this application. 4. Although the City Attorney has informed me that I may make a disclosure and participate in this transaction, I have elected to abstain from voting on this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH.VA 23455-5645 Mrs. Ruth Hodges Fraser -2 - December 13,2016 Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. fr,aSincerely, t 624.--. Ub% Louis R. J s Vice-Mayor LRJ/DRH 101 Item—VI-J.11d PLANNING ITEM#66640 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY,BY CONSENT, Ordinance to AMEND: d. Section 7.3.1 of the Oceanfront Resort District Form-Based Code pertaining to alternative compliance for parking requirements 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 Rosemary Wilson Council Members Absent. James L. Wood December 13, 2016 102 ITEM VI-IC APPOINTMENTS ITEM#66641 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD December 13, 2016 103 ITEM VI-K APPOINTMENTS ITEM#66642 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: RONALD TAYLOR Two year term 01/01/2017-12/31/2018 COMMUNITY POLICY and MANAGEMENT TEAM-CSA 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 104 ITEM VI-K APPOINTMENTS ITEM#66643 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: YVONNE LEWIS Three year term 01/01/2017— 12/31/2019 COMMUNITY SERVICES BOARD (CSB) 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 105 ITEM VGK APPOINTMENTS ITEM#66644 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: WILLIAM D.ALMOND MICHAEL CLOUD BUTLER KRISTINA D. CHASTAIN JAMES H.DAVIS R. PRESTON MIDGETT,II CRAIG ROBACK SYLVIA N. STRICKLAND GERRIE KING WEST Three year terms 01/01/2017— 12/31/2019 RESORT ADVISORY COMMISSION Voting' 10-0 Council Members Voting Aye: M. 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 K Uhrin and Rosemary Wilson Council Members Absent: James L. Wood December 13, 20/6 106 ITEM VI-K APPOINTMENTS ITEM#66645 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOHN C. BARNES—Ex Officio PHIL DAVENPORT-Alternate Four year terms 01/01/2017 12/31/2020 SOUTHEASTERN PUBLIC SERVICE AUTHORITY(SPSA) 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 107 ITEM VI-IC APPOINTMENTS ITEM#66646 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: RICHARD WHITE Four year term 01/01/2017 - 12/31/2020 and REAPPOINTED CHRISTOPHER M.BEALE Two year term 01/01/2017— 12/31/2018 and ANTHONY NERO Four year term 01/01/2017— 12/31/2020 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 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 Rosemary Wilson Council Members Absent: James L. Wood December 13, 2016 108 Item -VI-N ADJOURNMENT ITEM#66647 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:13 P.M. i manda Finley-Barn , MMC Chief Deputy City Clerk R, Hodges Fraser, MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia December 13, 2016