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HomeMy WebLinkAboutJULY 11, 2017 MINUTES ^u e� sN EI H r=� y) (C4 Z) t:Cc' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 11, 2017 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefing on the DEWBERRY STUDY—HAZARD ANALYSIS and VULNERABLE AREA IMPACT in the City Council Conference Room, Tuesday, July Il, 2017, at 3:30 P.M. Council Members Present Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None 2 ADD ONS Mayor Sessoms expressed his appreciation to all City Employees who participated in the Annual American Red Cross Blood Drive. Mayor Sessoms announced the City won the 2017 Mayor's Cup with 7.91%of all employees donating. Also, Mayor Sessoms shared the recent announcement from Dominion Energy entitled "Dominion Energy Moving Forward on Offshore Wind Project with Global Market Leader DONG Energy as Partner." Mayor Sessoms emphasized the turbines will be located twenty-seven (27) miles offshore and will not be seen from the Oceanfront. Lastly, Mayor Sessoms advised he will be have to leave after the Consent Agenda to attend a Sister Cities function at the Oceanfront. The City won the bid for this 6l" Annual Sister Cities International Conference two years ago. July 11, 2017 3 CITY MANAGER'S BRIEFINGS DEWBERRYSTUDY- HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 3:32 P.M. Mayor Sessoms welcomed Brian Batten, Ph.D., CFM, Senior Coastal Scientist and Project Manager and Delcenio Miles. Dr. Batten expressed his appreciation to City Council for their continued support: •Dewberry. City of Virginia Beach Comprehensive Sea Level Rise and Recurrent Flooding Response Plan Study Overview July 11. 2017 i Today will provide an informational session on Sea Level Rise and Recurrent Flooding and the Response Plan Overview: Flood =- • Complaints Perk Floodmg N Virginia Beach lord kr flooding fixes Shpt elamas titve Bran c.ewn as awn oeor roomy - 1 1111111F ic t n0 f 2 July 11, 2017 4 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) The City had a large volume of flood complaints and was essentially piece-milling the responses. As such, the City decided to take a holistic approach. For example, in 2012, the City had forty-three (43) Severe Repetitive Loss Properties and over 500 Repetitive Flood Loss Properties: I n.wb.rry City Response to Issues • Virginia Beach City Council provided funding for a comprehensive sea level rise and recurrent flooding assessment and response plan in FY15 • Dewberry, a national consultant firm, retained by the City to conduct study in January 2015 • City awarded $850k grant from NOAA in March 2016 • Collaborative effort with Stormwater Master Plan 3 Below are the Study Goal and Outcomes: 8 Dewberry Study Goal and Outcomes Goal: Produce information and strategies that will enable Virginia Beach to establish long-term resilience to sea level rise and associated recurrent flooding Outcomes: • A full understanding of flood risk and anticipated changes over planning and infrastructure time horizons • Actionable flood resilience plans that combine engineered protection measures,accommodation,and/or land use management strategies • A fine-tuned public outreach process to advance resilience initiatives 4 July 11, 2017 5 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) 11 Dewberry Watershed Level Plans • Economic and environmental diversity require 4 distinct plansKann,Area Natural Newuu IMnrno t haawrntK, <T,rloge. LrIntwen/Tdd fw*..M be, Moodrndndw'mhtay, A6Me,wq rrpaiw Into, whwnn,hv,wrpnwT f<nom,W.bolo eWaum horn rer or*lbodaq at _ p0000nw,onMahto Cox pewean.of Io.,hN ..T WOQuaky ruudrewu<n naval revyvoe, ANA, rolnourble ele Joon, Qeinin Nl/Qenheabadneaarn Deme comm..W and Prantn.,eanmq tial Wet WY reudwulde.ebpnea de,elo erd and et orlon, Toucan or penury loon,, bow*INN mobq woken. dram wd.wbpN..n wa tryvonn ggonuv.,.USM[Clod Wort, ,a..,k...- ^.L y`,i +,l' 14a1nM reduction pant Miami,Mn/I,nurne h".rq Orme tnbntul<toms W. Upprabg Wradrutue and f ilw, ,Mu,n W d.wbpmmI Ageq Nn.Kaerq run bawd Wrwtrulure back/sour cannon,rtd K h.yw�wah,ek Southern Oman.Name.Watle,nark ln/n r...nmtut nbay tura ,...nano land re hay,and ednvw ma,he, ref malarialrard*M and land warp.,tbatpevne pwlow+.Ayn Wlue mporunt e.and lnn N., loatornK coni n loo drebprwa oral ele.atm 9Ww ado-nn rtrurruren arm. wK.aakWfurore lba,. 5 There are three(3)levels of this Comprehensive Sea Level Rise Study Approach: 11 Dewberry Comprehensive SLR Study Approach 3.Implementation • Plannino the actions • 2.Adaptation Strategies Tailoring the solutlor s 1.Sea Level Rise/Recurrent Flooding Impacts Defining the problem 6 Jtrlt' 11, 2017 6 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY- HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) The objective of Phase 1 is to identify the location,frequency and potential cost of existing and future of flood risk to the City: 1I Dewberry Phase 1: Sea Level Rise/Recurrent Flooding • Impacts • • Objective: , • �� Identify the location,frequency and potential cost of existing and future flood risk to the City • How will vulnerability change with ""''•, increasing flood levels due to SLR? 42. • Where will we see the flood footprint expand? • How much more frequent will flooding occur? • What assets are vulnerable? • What are the losses.how will they change? • What assets are at the highest risk? Below are the City's Sea Level Rise Planning Scenarios: M Dewberry VB SLR Planning Scenarios Time Life Cycle Horizon) SLR Relevance Use Alignment Time Value Period Co fw Man& Vulnerability assessment 2040 years Outcomes Municipal 7 5 ft Key planning value Planning 2035 4055 Short end of Commercial and Utility Basis for evaluation of all life•cycles adaptation strategies Critical UtilityInfrastructure Secondaryvulnerability Infrastructure life-cycle assessment to provideinsightinto 50.70 years longterm risk risk Long-term Transportation Basis forbngterminfrastructure awareness 3.0 ft infrastructure ddecisions 20654055 lifecycles Residential structure Evaluate cost-effectiveness of Adaptive lifecycles additional protection for adaptable Capacity resilience strategies 8 July 11, 2017 7 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) The City experiences three(3) types offlooding: Tidal, Nuisance and Storm Surge: If Dewberry Flood Assessment Conditions • Tidal lbw • Daily tidal flooding • Future permanent inundation • Defined by NOAA,Mean Higher High Wate' • Nuisance • Wind-driven surge,extreme tide events •I • Repetitive losses/ loss of function or service • Defined by water level analysis Ilii 41• Storm Surge • Nor'easters,tropical storms,hurricanes 9 • 10-,25-,50-,100-,500-yr recurrence intervals • Defined by probabilistic analysis To-date, a tremendous amount of work has been focused on the Hazard Assessment Process: •Dewberry ' Hazard Assessment Process Flood Integrate best source Stillwater data into seamless 30 Surfaces surface SLR Non- Apply non-linear factors linearity to surfaces Floodplain Map new floodplauns at Delineation each flood frequency Wave Model changes to wave Hazard heights/dune erosion Modeling Total Flood Build new 30 surface _ Elevation includingwave effects Surface � T. --•v yi:-- Calculate depth of flootl111:1' . ,, i , `"` ha ssr Depth G for each condition To Loss �. i Estimation 'I; t� 10 tY „:1,;.%,:7 . . _ July II, 2017 8 CITY MANAGER'S BRIEFINGS DEWBERRYSTUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) It is important for the City to understand the "big picture"and be cognizant of'full future condition": •Dewberry- Be wberry- Be cognizant of full future condition 93J•1 Inc too*rn w won t!▪ , P. • IIKVI011yasentiod MQRM M4nr•iw• -- karat!Nun. karrl tamer.?Ado WK.Swats R. Fit.*Sweetness 11 The Flood elevations are not a static increase. This study integrates a 1.5 ft. and 3 ft. Sea Level Rise scenario: •Dewberry Flood elevations - Not a static increase! • SLR Integration: • 1.5 ft SLR scenario • Added as a static increase to surge elevations • Non-linear aspects captured through re-evaluation of dune erosion and wave modeling over increased water levels. • 3 ft SLR scenario • Detailed modeling from USAGE and North Carolina used to integrate non- linear response in surge elevations • Wave modeling and dune erosion also re-evaluated. k_ . `. • 12 July 11, 2017 9 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY– HAZARD ANALYSIS and VULNERABLE AREA IMPACT • ITEM#67195 (Continued) The "Whole Picture"Analyses includes the correlation of rainfall and storm surge: •Dewberry "Whole Picture" Analyses • Rainfall/surge correlation • >50%of rainfall events occur during elevated wate•levels • Joint-probability of rainfall/storm • surge • :Kr' • • Rainfall/surge design probabilities • Regional Precipitation Trends • Heavy rainfall increasing • • Future precipitation conditions • Up to 30%increase in design rain • Probable maximum event precipitation • . • Design'check stow" 13 Higher coastal water levels diminish stormwater system performance, and, as such, must be considered: Dewberry Stormwater incorporation • Higher coastal water levels diminish stormwater system performance t. 4/41 OH'a ' • Coastal •r : B.eEfq •.. ' ...:. i Flooding •^,- )•• �,i •e°, t.^ • Stormwater E�! Ba • Conveyance • Siurmw.VerD. w; • Combined —Slovn,,.Mr Flooding 14 July 11, 2017 10 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) The greatest Projected Changes in Coastal Flooding will occur in the Southern Watershed: •Dewberry Projected Changes in Coastal Flooding r',, . r 4;. a+! • Areas subject to flooding • •-A, ;,, will increase: - h+ " e , • • In 30-40 years: 1.5 • -1 ' * times yr., • • In 60-70 years:2 times Li ycnd .` f rt ' Z • 17 This illustrates the Change in Flood Area with Sea Level Rise as is today as well as 1.5 ft. and 3 ft. Sea Level Rise scenario: 1 w.rlbeerr Change in Flood Area All City Watersheds 250 _ Flood Recurrence 200 Interval 500 Year .100 Year 1 150 •50 Year 3 .25 Year 5 .10 Year 100 ■MHHN I I i 1 4 150 II 1 0 i Today 1.5 ft SLR 3 R SLR — I Sea Level RN.Seen.rlo 16 July 11, 2017 11 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) In determining the City's Lost Estimation Process, this study will use the City's Building Data as well as other City records. That information will then be input into the "Hazus"database: I Dewberry Loss Estimation Process p dr. r�•,; LI ......eu.a..,.w..n nen f'.ri Collect.combine, Consaucbcn quality Data Occupancy type I m provomont improve City building Replacement value data Contents vsluo Finished floor eln aeon Ape Loss Relate City database to Estimation Hazus database Database f IWO Assign Depth Building and wave Damage environment specific Function setting Perform Depth-damage analysis Damage/Loss for 5 flood frequencies Estimation Data . Compile data to City Summarization '. planning units in ..:;::, 1.-;-,,,. Change in risk.risk ' ..:dg'''+ �\ ' clusters ti,• +.* l 17 The "Loss Information—Context"is in today's dollar and does not include inflation: I D.wb.rry Loss Information - Context • Losses represent today's built environment and flood control infrastructure • In today's dollar-future losses do not include inflation • Potential reduction of loss by flood risk management strategies NOT represented • Starting point for identification of needed policy and engineering measures \ mil — is July 11, 2017 12 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) The Risk Metric is based on Annualized Losses: V Dewberry Risk Metric — Annualized Losses • Expected monetary loss for any given year • Based on event analysis,examined probabilities Al-- - , Loss Annual Annualized Frequency Impact Expectancy Event Loss (Millions) Probability (Millions) Very High Low $52 10% $5.2 bia Moderate- High Low $133 4% $5.3 Moderate Moderate $240 2% $4.8 Low Severe $414 1% $4.1 Nat Very Low Catastrophic $1,558 0.2% $3.1 Total: $22.6 19 The City-Wide Losses, including changes with Sea Level Rise consists of combined structure and content annualized loss by recurrence interval: V Dewberry City-Wide Losses —Changes with SLR • Combined Structure and Content Annualized Loss by Recurrence Interval $12 $10 Today o $8 ■1.5ftSLR c $6 ■3.0ftSLR Fe vi $4 1 $2 _. .I1 I $0 10 Year 25 Year 50 Year 100 Year 500 Year Coastal Flood Recurrence Interval 20 July 11, 2017 13 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) This illustrates the City-Wide Loss Factor Increases Over Today with the 1.5 ft. and 3 ft. Sea Level Rise scenario: •Dewberry City-Wide Loss Factor Increases Over Today 40 F 35 ■1.5 ft SLR 30 •3ftSLR m 25 m 20 15 m 10 LL I II ■ . .1 10-yr 25-yr 50-yr 100-yr 500-yr Recurrence Interval 21 Here is the Projected Changes in Flood Loss, annualized in millions: Dewberry Projected Changes in Flood Loss Annualized Losses(Millions) S400 $350 $300 $250 $200 $150 $100 $50 111$ $0 Today 1.5 ft SLR 3.0 ft SLR 3.5x increase 15x increase 4.4x Increase over 1.5 ft 22 July 11, 2017 14 CITY MANAGER'S BRIEFINGS DEWBERRYSTUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) 9 Dewberry Watershed Loss Changes with SLR Annualized Losses,Millions Watershed ! Today 1.5 SLR 3ftSLR Eliabe h River 2.48 818 23.60 Lynnhaven 1 1597 53.27 158.14 Southern 4.62 17.94 165.31 Oceanfront 0.49 2.37 15.72 Total. 23.56 81.76 362.77 Today 1.5 ft SLR 3 ft SLR awry Derr. arr oo.-rw rmn.n Um* o.- ii r 10.4 imam 7,1 lbw .4„ 10 23 Below is the Total loss by Sub-Watershed: •u...b.rry Categorized Total loss by Sub-Watershed • Total loss,relative risk classification by scenario Today 1.5 ft SLR 3 ft SLR • 24 July 11, 2017 15 CITY MANAGER'S BRIEFINGS DEWBERRYSTUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) The City's Strategic Growth Areas, excluding SGA#8 and the Resort Area, are all in good shape when looking at Sea Level Rise: 50-yr recurrence interval flood,3 ft SLR Scenario I Dewberry Strategic Legend - Growth `^: . Areas SGAs.. �^�� 2 ytom Risk " e -� l occ - py SGA Ce3': iV �: ,� t 2 3 4 5 8 7 8 '4 SGA Ares ID 25 Below is the Concentration of Risk: Dewberry Concentration of Risk • Aggregated from building level risk a • Efficiently ID High Risk Areas for solutions +.1 P ;-mow-, r ` 14, g'•Wyl+fOp Ml+ ..r as 6 7�l1 '! �jeg r k• w. _ fi. • July 11, 2017 16 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) Most of the City has limited coastal flood exposure; however, the City can provide proactive solutions to avoid future losses: IP Dewberry Citywide Context Most of the City has limited coastal flood exposure, in clustered areas • Today: <1%of buildings • In 30 years: 2%of buildings • In 60 years: 7% of buildings Bottom line: A Proactive solutions can help G 0 0 D- the City avoid future losses 27 The objective of Phase 1 is to identify the adaptation strategies to develop, assess and prioritize a range of strategies through feasibility and cost performance metrics to minimize short-and long-term flood risk: •nerrbauw Phase 2: Adaptation Strategies • Objective: __ n -° Develop,assess and prioritize a range of strategies - - through feasibility and cost-performance metrics to minimize short-and long-term flood risk • What planning,policy,and engineering strategies are needed to address the risk portfolio? • What policy has to be created or changed? • How can land use be managed? • Where do structural solutions make sense? • What's the return on investment? • What strategies work best? • When should implementation occur? 28 July 11, 2017 17 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) This provides an Example Policy/Regulatory Strategies: •Dewberry Example Policy/Regulatory Strategies Incorporate resilience measures into design and siting standards Increase freeboard and/or require in future floodplain Downzone flood prone areas through regulation or voluntary agreement Restrict rebuilding of severe repetitive loss structures Require site plan review and SLR checklists for development(large or small) Develop special services districts to finance local flood control measures Provide property tax discounts or rebates for flood resilience or open space conservation Extend and improving public education and outreach about flood risks and climate change Evaluate joining Community Rating System 29 •Dewberry Strategy Evaluation Process mhal • 00 • 1 , identification • •• • a,kvomoeo 1.,,•11`11, 4 • fippepii Qualitative Evalu8ation Quantitative t' Evaluation 1 Priori=es • • .• • Altemalives 30 July 11, 2017 18 CITY MANAGER'S BRIEFINGS DEWBERRYSTUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) P D.wlxrry Evaluation and Prioritization • Qualitative: • Feas:biiity Scoring Feasibility Technical Administrative Political Legal Fiscal Environmental s ' QE` 4 c m n o 5 3 m j o g g -2 • g rb EE N v ? H o, m .n c �f n • Quantitative: win • Cost Benefit Analysis— • Return on investment—are strategies cost-effective? 31 V D.wberry Adaptation Plan Development • City-wide policy recommendations • Watershed specific measures to address high risk areas • Sequenced to complexity, short and long-term risks High Risk Areas: -Flood pathway(s) -Alternative strategies !, -Loss avoided by strategy -Benefit cost ratio -Project cost/feasibility ✓ -Project priority 0 • 32 July 11, 2017 19 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) The objective of Phase 3 is to integrate the best performing adaptation strategies in actionable plans that mechanisms to ensure implementation: •D.wba:T Phase 3: Implementation ®0S• Objective: Integrate the best- performing adaptation strategies in actionable plans that mechanisms to RE sltletetr ensure implementation. • How do we move forward with the preferred solutions? • Wnat are the costs arc design features? • How to we sequence the short-and long-term measures? • How do we fund? • What is our action plan for each watershed? • How do we get public buy-in,sponsors,and/or regional support? 33 •D.Ntb.RT Schedule 2017 2011 I31 i CO 03 ! a 011_02 t os I a . Impact Assessment Hazard Analysis end --- Mapping Building Risk Assessment—6 ..... Water Resources Analysis Infrast Vulnerability -- Vulnarability Strategy Devalopmenl,Evaluation Plan Formulation l.ynnheven gewtoo ENY Southam r Elizabeth River ■ j Oceanfront Outreach Public Engagement General Intormalcn Strategy otaa.tim. 34 0 a addmwul tele ne•oed for coo0oneeon.no. July 11, 2017 20 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) •Dewberry Ongoing Activities • Finalize flood loss documentation • Vulnerability assessment for other infrastructure • • Munic pal u:ii:y intras:ruciure • Watershed Level Assessments • I,.,. • Flood risk def nt:c oy area • Flood risk management strategies by area • Strategy evaluation and priorit zation • Dra'1 Adaptatio-�la� • Public Engagement mil eaLr 35 Dr. Batten introduced Ms. Miles: •Mayberry Public Outreach & Community Engagement Strategy 36 July 11, 2017 21 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) As with any project of this magnitude, Public Outreach is vital: V Dewberry Public Outreach Goal: Educate about the study and empower target audiences with accurate and timely information, and what they can do to reduce flood impacts 37 V Dewberry Why is community outreach important? • Most residents are unaware of • City Council committed the City's resiliency efforts approximately$300 million • There is high awareness of over 15 years for stormwater Norfolk's resiliency program mprovements and improvements. • The City has made some • The City is assessing the 4 infrastructure improvements Watersheds for improve already over the past few resiliency years • Keeping residents informed and engaged is paramount! 38 Wisww'� July 11, 2017 22 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) It is important to hear from the citizens regarding Flooding and Sea Level Rise. D.wb.rry Why Is Public Engagement Important? • Citizens must be informed with accurate and timely data • Multiple communication options must be provided to engage the public • Regular communication and updates keep the issue top of mind that the City cares about its residents and employers • Citizens can share information with others when equipped with the right communication tools • Citizen input and buy-in to future improvements and construction projects 39 `� Below are the Target Audiences for the public engagement portion: U D.wberry Target Audiences • Residents • Businesses and commercial property owners • Military • Internal Stakeholders--City Staff: EMS, PW, PU, STiR, Comm, COMIT, CM, Planning, Economic Development, City Boards, Councils and Commissions • Environmental Stakeholders • Policy Makers& Regulatory Agencies (local,state and federal) • Media Seaciw 40 mil . July 11, 2017 23 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) Here is the Engagement Strategy: •D.erb.rry Engagement Strategy • Form SLR/RF Stakeholder Speakers Bureau • Cross-section of citizens wno could be champ ons for the project • Conduct presentations at meetings of their constituents • Help man booths at key community events • rc, 41 V Dewberry Engagement Strategy Watershed Area Public Meetings • Phased Meetings in all 4 watershed areas • lit • tw.,:,II F • • L II Y.i I ' ,.• • Hybrid Format • • • r. \ �Is�tevdene` 42 .`•`.. July 11, 2017 24 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) •Dewberry Engagement Strategy • Online comment form(via vbgov.com)to allow a broad opportunity for the public to provide feedback on adaptation options • Hold stakeholder meetings/discussion sessions to increase knowledge of flooding/SLR issues in community and to obtain feedback on adaptation options • In;eraclive table/mapping • Facilitated discussions 43 •Dewberry Engagement Strategy • Questionnaires at community events • Online and on-site questionnaires to hear flooding concerns and personal experiences of the public 44 July 11, 2017 25 CITY MANAGER'S BRIEFINGS DEWBERRY STUDY— HAZARD ANALYSIS and VULNERABLE AREA IMPACT ITEM#67195 (Continued) •D.wberry Outreach Summary • Develop messaging for target audiences • Brief City Council • Brief Boards,Commissions and Councils • Form SLR/RF Stakeholder Speakers Bureau • Coordinate efforts with City communications team • Schedule events and presentations with teams of mufti-departmental staff • Engage the public for their flooding stories and input • Provide timely information to all target audiences • Remain in compliance with NOAA grant-ongoing and robust community outreach and engagement 45 NEI *' — •Dewberry Questions? Mayor Sessoms thanked Dr. Batten, Ms. Miles and the entire Team for their hard work on this very important project. July 11, 2017 26 CITY MANAGER'S BRIEFINGS DISPARITY STUDY ITEM#67196 4:15 P.M. Mayor Sessoms welcomed Taylor Adams, City Purchasing Agent. Mr. Adams expressed his appreciation to City Council for their continued support: Disparity Study Update City Council Presentation Taylor Adams July 11,2017 This is an overview of the Solicitation Schedule: Solicitation Schedule February 28 Request for Proposals(RFP) March 21 Pre-proposal conference March 17, 25,April 12 Addenda posted April 25 Proposals submitted April 26 Proposals distributed to team May 19 Shortlisting of proposals June 5—June 9 Interviews and negotiation June 14 Final scoring and ranking June 19 Notice of intent to award 2 July 11, 2017 27 CITY MANAGER'S BRIEFINGS DISPARITY STUDY ITEM#67196 (Continued) Below are the members of the Evaluation Committee: Evaluation Committee Ken Chandler, Deputy City Manager Patti Phillips, Finance Rich Nettleton, Public Utilities Bobby Wheeler, Public Works Jeff Smith, Economic Development Taylor Adams, Purchasing(non-voting Dada Smith, Purchasing(non-voting) a This is the Proposal Overview: Proposal Overview Received four proposals Nationwide response Initial price range $389K - S525K Short-listed all firms for maximum competition Interviewed firms and requested BAFO July 11, 2017 28 CITY MANAGER'S BRIEFINGS DISPARITY STUDY ITEM#67196 (Continued) Here is the Evaluation Criteria, including the "Final Scoring"showing BBC Research & Consulting as the firm chosen: Evaluation Criteria Offeror Experience Capability Services Price TOTAL &Skills Provided 28.00 27.00 24.00 13.09 92.09 BBC Research& 30.00 30.00 25.00 14.62 M Consulting 30.00 30.00 24.00 12.68 96.68 26.00 25.00 23.00 15.00 89.00 This provides an overview of BBC Experience& Capability: BBC Experience & Capability • Court tested • Conducted more than 100 disparity studies •4th Circuit Experience (Charlotte and Asheville) • Team lead by two University of Virginia PhD's • Established local sub-contractor • 47 year-old firm based in Denver • Demonstrated competence in: Large cities Construction Transportation July 11, 2017 29 CITY MANAGER'S BRIEFINGS DISPARITY STUDY ITEM#67196 (Continued) Below are BBC Study Objectives: BBC Study Objectives Assess any underutilization of M/W Examine barriers in the local marketplace Review contract policies, program measures • Evaluate current and recommend future goals • Provide legally defensible study approach Below are the Next Steps: Next Steps With approval of funding (agenda tonight), execute contract with BBC Research and Consulting Evaluation of current policies and program measures—45 days • Stakeholder meetings • Contractor interviews • Delivery of final report 12-14 months July 11, 2017 30 CITY MANAGER'S BRIEFINGS DISPARITY STUDY ITEM#67196 (Continued) Disparity Stuuy upua.t: Questions City Council Presentation Taylor Adams July 11,2017 Mayor Sessoms thanked Mr. Adams for this update. July 11, 2017 31 CITY MANAGER'S BRIEFINGS ACCREDITED PARKING ORGANIZATION(APO) ITEM#67197 4:31 P.M. Mayor Sessoms welcomed Rob Fries, CAPP, Parking Manager — Resort Management. Mr. Fries expressed his appreciation to City Council for their continued support: CITY COUNCIL BRIEFING 0ACCREDITED CNI , p o PARKI NG NORGANIZATIONTM Below is an overview of being an Accredited Parking Organization (APO): WHAT IS APO? Awarded by the International Parking Institute Regarded as a key benchmark for measuring quality. A designation for parking organizations that have achieved a comprehensive standard of excellence. Recognizes best practices in responsible parking management and operations, customer service, professional development, safety, and security. 111 July 11, 2017 32 CITY MANAGER'S BRIEFINGS ACCREDITED PARKING ORGANIZATION(APO) ITEM#67197 (Continued) There are fourteen (14) Categories and 270 Criteria considered by the International Parking Institute for APO Designation: APO DESIGNATION 14 Categories and 270 Criteria Governance and Organization Planning&Monitoring Financial Budgeting and Financial Management Customer Service Personnel Education&Development Access&Revenue Control Asset Maintenance Regulations,Enforcement,Adjudication,and Collections Safety,Security,and Risk Management Sustainability Access Management Marketing and Communications Data Management and Security Third-Party Contractors and Service-Level Agreements The City is the only accredited organization in Virginia: VIRGINIA BEACH The only accredited organization in Virginia Other APO's Miami Parking Authority • City of Houston • Cornell University • University of Washington • Pittsburgh Parking Authority • Lexington, KY o Dallas-Fort Worth Airport • Texas A&M University o City of Asheville, NC July 11, 2017 33 CITY MANAGER'S BRIEFINGS ACCREDITED PARKING ORGANIZATION(APO) ITEM#67197 (Continued) The Parking Management Office has a small staff and attributes team work to achieving the long list of accomplishments: PARKING MANAGEMENT OFFICE STAFF Town Center Oceanfront Contract Staff Parking Manager Contract Staff 7 100 Parking Parking Operation Coordinator Accountant H Manager J .T. -. I 1 City Staffing-6 FTES Parking Parking Contract Staff- 100+ Supervisor Supervisor Below is an overview of the City's Program: CITY'S PROGRAM P3 r 13,300+ Parking Spaces r 4 Locations in City 100+ employees(peak season) $12+M in Annual Expenses I� ► Off-Street ► On-Street ► Enforcement �+ _� Y ' '11 ► Residential Permits ' '. PIP o July 11, 2017 34 CITY MANAGER'S BRIEFINGS ACCREDITED PARKING ORGANIZATION(APO) ITEM#6 719 7 (Continued) The City has three(3)garages at the Oceanfront: OFF-STREET: GARAGES RESORT - 1,707 SPACES .42 !`"' 3340780g '' • 340.600 Vehicles Annually :'7-r."----.' • 4 j. $49M in total asset value � Equipment Types: r • Parking Access and ! 3 Revenue Control L � C• Elevators • Fire Pump J" '.." '---• Sweeper ' .1.111111111.1111011111111.1. ."""'---"."'l."""7, IP• liv The City has five(5)garages at Town Center: OFF-STREET: GARAGES TOWN CENTER - 4347 SPACES Average Occupancy 2016 • 5 Garages .oro _ • $81.6M in Asset 30,, Value 'ASu ,oro 1.„ 1. "" 77 .oro • Free,Self-Parking cF +, .,,..r.1�e,+M1±,`' • Parking use is integrated within the office buildings and .� apartments ' :"' :t-'•• 1 ' 1 r ;-..._.. :'11 liti July 11, 2017 35 CITY MANAGER'S BRIEFINGS ACCREDITED PARKING ORGANIZATION(APO) ITEM#67197 (Continued) The City has 2,430 off-street parking spaces throughout the City: OFF-STREET: LOTS 2,430 SPACES re'-" - • Oceanfront has 856 spaces 1 i . ligo, in five lots : oe r--I • Croatan has 505 spaces in 1 j I 4m �7' one lot p1.== r �r _� \ . • Sandbridge has 937 spaces in three lots • 230,000 Annual Vehicles r`"• Town Center has 132 spaces in one lot Irelagniklultalai t . ' ' CI L....... -_. ' , am Wilt 11. Over 466,000 vehicles use the City's on-street parking: ON-STREET PARKING: RESORT � • 551 Multi-Space Meter spaces_ ' _— ___ _- __-_. 129 Single Space Meters 4 >!r . ; • All Meters accept Credit Cards RP iii r • and Mobile Phone payments [P>f. ;� • Connected in the Cloud 11"‘"'",-'• ,II • $2/hour i • 466K Transactions Per Year r • Avg Length of Stay is 1.5 hr — i • Pay by Plate Mode Pay for more PHONE ti time than :.. • • You needed) Psi+VorlV:ukinV: GToke your time with Take you porAmq voth to oMolMr on-OreetmetetdspOte ce,Park Anywhere O ZONE 0000 July 11, 2017 36 CITY MANAGER'S BRIEFINGS ACCREDITED PARKING ORGANIZATION(APO) ITEM#67197 (Continued) The City uses Ambassadors to assist customers with how to use machines and/or where to park at the Oceanfront. The City uses License Plate Readers as enforcement; however, it is important to note that less than 2%of vehicles receive citations: ENFORCEMENT: RESORT • Ambassador Approach • Enforce with License Plate Readers r: is.. ‘ • 20.300 Citations Issued Annually • 7%of Citations Are Voided • Less than 2%of Vehicles Receive ' Citations • Connected by the Cloud 11......t::c_ coo`il ... l 1 •o, �. • ate- � o The City also uses Ambassadors to assist customers with how to use machines and/or where to park at Town Center and uses License Plate Readers as enforcement: ENFORCEMENT: TOWN CENTER • Ambassador Approach • 2 Hour lime Restrictions ,., — 7 • Free Parking i 7- • Enforce with License Plate Readers • One Enforcement Vehicle w �_ • 3,700 Citations Annually — • Connected in the Cloud - .- .... • ,e 6 r July 11, 2017 37 CITY MANAGER'S BRIEFINGS ACCREDITED PARKING ORGANIZATION(APO) ITEM#67197 (Continued) The Residential Parking Permits can be purchased on-line. These permits are designated to protect neighborhoods from traffic and noise at the Oceanfront: RESIDENTIAL PARKING PERMITS 2016 RPP Total Citations by Hour • Designed to protect neighborhoods from ,000 noise and traffic at the resort ,00 _ _... • Residents Receive Permits for themselves 600 and guests • Less 1%of all vehicles parked at the resort receive citations 200 WffM IESOfNiw wN.... • Issue 10,500 permits annually ° • No Parking 8PM to 6AM wun T•Pfsi°fnR¢wa.n EZ • 24 Hour restriction July 4'" moo,. • and Labor Day Weekend v.. ,I mMwwal, • Fine is$75 • Connected to Cloud wv¢wrslnsarrwwaw VA 0•4140I11f$00004 wM1. 0•000U01f1g0Hf waw!. THISBLOCK W100•2210"OKf>•-� 8 PM TO 6AM � ��••!�� EXCEPT BY PERMIT W .. TOWING ENFORCED TOANFO=AIE 385.2. GREEN PARKING • Green Cleaning Chemicals 111 • Recycling • Certifications ' I • EV Charger yy EvI Ab, I • July 11, 2017 38 CITY MANAGER'S BRIEFINGS ACCREDITED PARKING ORGANIZATION(APO) ITEM#67197 (Continued) The Garage Capital Rehabilitation has$600,000 budgeted each year: GARAGE CAPITAL REHABILITATION Ti" • Questions? 14 __; "- .r3 Mayor Sessoms thanked Mr. Fries and the entire Department for all of their work and dedication to the City. He also congratulated the Department of achieving accreditation and being the only successful accreditation in Virginia. July 11, 2017 39 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 4:53 P.M. Mayor Sessoms welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to City Council for their continued support: Central Beach Entertainment --• District Update ikj0t Virginia Beach City Council July 11,2017 Below is the Presentation Overview: Presentation Overview • Recap Goals&2017 Work Plan • Arena • VIBE-CIP • Dome Site • Sports Center • Convention Center Hotel • Parking • Sports Center Recommendation • Parking Analysis • Next Steps 2 July 11, 2017 40 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) tats ..y-, < -.. .0, •a 4, .:;,:••` • ._ ,-.ter, hat No: s, iJv 1.11116.1 CENTRAL BEACH DISTRICT i The Entertainment District Work Plan primarily supports two (2) City Council Goals: City Council Goals 2017-2022 The Entertainment District Work Plan primarily supports two goals: Grow the Local Economy Top Priority • Biomedical Business Development:Policy Update High Priority • ITA Study:Finalization and Adoption • Strategic Growth Area(SGA)Initiatives o Burton Station o Pembroke/Town Center c Resort Area Be a Competitive,First Class Resort for Residents,Businesses,&Tourists Top Priority • Field House Development • Oceanfront/Arena Parking:Plan and Funding High Priority • Dome Site Development July 11, 2017 41 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM# 67198 (Continued) The Plan identifies development strategies to achieve a `year-round resort"environment: GOALS Develop New Product • Develop our resort area into a year-round destination • Successfully compete in the indoor sports market • Successfully compete in the convention business market • Enhance the growing ViBe District with supportive infrastructure and pedestrian links between the Dome Site and the Convention Center • Activate the Dome site with a world class,family- friendly,mixed-use development that includes entertainment,retail,dining and residential enhanced through placemaking • Utilize a parking supply and demand model to adequately accommodate new developments The next few slides provide an update to the Arena project: Arena Update • Y r d • lu/r 11, 2017 42 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) Arena Preliminary Site Plan Design �k . �. • 1 I I 1•1 •,�• WA LII M xl � r- r- 6. ., ! , : IR e,-s, ,,- .FT L. t._, II l'—' En_ /.m 4 e rr=r '-r.-.Z7-4'-n r—% Rrn1,I mI v •Contractual requirement for loan closing no later than September 7'h • Preliminary Site Plan Review and Design Collaboration Underway with developer team and plan reviewers • Loan closing documents reviewed and commented on by City Attorney • Loan closing expected in"late"July • Construction commencement expected in August Here is an overview of the Convention Center/Arena Parking Assets: Convention Center / Arena Parking Assets • The Convention Center site has 2211 existing spaces • The Arena preliminary site plan creates a total of 2794 spaces in the Convention Center/Arena site v�`2, .,j,,,.. �` ., LES , ' :' A‘ 96. . n 11 l• / ' .'1'I ' ".• •'� . 1.--e:-.=r--... ,'^'3. 1 vi A. R l rr• , �•� 1 July 11, 2017 43 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) The next few slides provide an update to the Dome Site: Dome Site Update 1v � The Dome Site Selection Process provides time to fully vet the concepts and feasibility as well as ample time for public engagement. Below is the established timeline and schedule: Dome Site Selection Process GOAL:Solicit a qualified developer/operator team to deliver the City's vision for a dynamic,financially sustainable development at the Dome site Review ...+..._ •.—••• ...•., and Interview Selection Phase Pre-Development Phase Development Developer Teams: • Breeden Investment Properties,Inc.with live Nation,IMG,ARK Group • The Cordish Companies • The ESG Companies with AEG,AECOM,S.B.Ballard • Venture Realty Group with WM Jordan,WPL,Clark Ne,sen,H2O Investments,Pinnacle Venue Services to July 11, 2017 44 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) The next few slides provide an update to the Sports Center: Sports Center Update The Industry — Sports Tourism • National Association of Sports Commissions (NASC) • $9.45 Billion per year—visitor spending • Over 90%growth in membership in less than 10 years • 40%of membership building new facilities • 75%of membership are upgrading facilities SPORTS July 11, 2017 45 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) Virginia Beach Sport Marketing Team "The team at Virginia Beach Sports Marketing is one of the best in our industry. Their event execution sets the bar very high and they operate at a level that our clients strive to achieve." Jon Schmieder,Founder+CEO Huddle UP Group (Pi-- 9; The City has hosted over 500 events in the past 10 years: Virginia Beach Sports Marketing Results Number of Events Past 10 Years • Over 500 events • Over$700M direct spending • • Over$38M local taxes . • Nearly$20M hotel taxes • Nearly 2 million attendance .. • Over 1 million room nights lillill July 11, 2017 46 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM# 67198 (Continued) Here is a summary of Sports Marketing Room Night Percentage at the Virginia Beach Convention Center: Sports Marketing Room Night Percentage at VBCC • In FY 15,participatory sports IOtaI%of VI=Revenues V IS accounted for 27%of the VBCC revenues,the most revenue from any single category. ijf ! III ti ■ ■ � 5 • Participatory sports held at the 161in Ro0m NtgvRfly vncf.r von.F • VBCC accounted for 73%of estimated room nights CIL nt I 11111 This provides the growth in hotel demand and revenue from 2005-2016: New Product = Demand Generator CRY OE VIRGINIA BEACH CONVENTION•VISITORS BUREAU Growth In Hotel Demand and Revenue 2005 10 2016 G f i w.7 srt,...r�.r 4R•4,Yeer ♦wM U Ywr IF July 11, 2017 47 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM# 67198 (Continued) Facility Competition facNry City State ye.,Open Square feet Beake*.11 008.06.11 I Con 0. CCnrt. , • a No..,Spurts &nirerarn, 2027 155.000 t 11 co,... Ruta. Bop Wmum. •duedue, 2006 IIS,000 a 13 �r1 '� T Y2 K spprepr. W6.ma ^ /:...; ... 1 1 Upoa,d5., 52.14n6W2. 2024 130.003 6 22 Gene, 50u16 Crow Myrtle Beach,SC MInI.Beatlr 60,.Be 504(6, 2025 100.000 6 16 Spore teneer Soon(*roWu Rocky Top Sport 64*l50fl 2014 66.000 6 World 2.646.44 burnt Rock No.411 1, 2014 83,000 6 13 Sporo Gnee, lean rts- ar[anbllrg. Growing Destination Competition rar.11.0 !,� Akt,, • Ayr A ‘?r,_t_ KED4. S r' �1�^ '�, IL aA SMpuMIG�N i !f� P°Rilicif Al S .: BIG_fAclanEs _. SMALL filimim,... r S Fl,%,,,,li He e16ea.a '",`.**•—•:::" `"'—`• w e '- r,,, X4(' ,,,...... �"°'.a. f +►'�` r`:—ti July 11, 2017 48 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM# 67198 (Continued) Connect . Magazine January 2017 "17 Sports Tourism Trends for 2017" 1.Authentic experiences.Event planners want an experience they can only find in your city,says Jennifer Hawkins,executive director of sports development at SportsPITTSBURGH.Decide what makes your city unique,whether it's a museum or new restaurants,and celebrate the hot spots. 2.Growth of nontraditional sports.Think e-sports,which have sold out Madison Square Garden,Staples Center and Oakland,California's Oracle Arena."These tournaments are garnering more attendance than NBA games,"saysLawrence Hamm Jr.,sports development manager at Destination DC."Cities are going to be looking at what's next for competition,not just traditional sports."Hamm also points to a Sp.t:ub,L..national championship held in October 2016 on the National Mall and Washington's bid to host the Gay Games in 2022.Other growing sports include gay flag football,wakeboarding,drone racing and orienteering. 3.Visitors want a vacation after the event."Millennials are looking for cities that offer an extra day or two of activities,"Hawkins says."They want outdoor adventures,Airbnb and attractions,such as a craft brewery,only a short stroll(or Uber ride)from a lively downtown with great food and nightlife." Non-Traditional Sports Growth Is r - r` rart • •Cup sr.ku• \011 cnnnow .. 44" July 11, 2017 49 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) The City has hosted over 500 events in the past 10 years: Sports Marketing Non-Traditional Sports Examples Drone Racing Cup Stacking Futsol Battle Bots Hurling/Highland Games E-Gaming Mixed Martial Arts Arm Wrestling Bible Games Dodgeball (MMA) Cornhole Orienteering Darts Dragon Boat Paintball Racing Pickleball IGBTQ Sports Events Baton Twirling Disc Golf Spartan/ Obstacle Racing Spikeball Crossfit lump Rope Ultimate Frisbee Paddleboarding Knocker Ball Cyclocross Firefighter Broomball Footvolley Police Games Kickball Ninja Warrior Paralympic Events Acrobatics BodyBight Parkour Indoor Skydiving Quidditch Chess Yoga Irish Dance In 2016, the City completed a sports marketing and capacity analysis through Victus Advisors: Sports Market Demand Study • In 2016,the City completed a sports marketing and capacity analysis through Victus Advisors • Local facilities are fully booked by local sports leagues, restricting the ability to attract new travel sports events • The Convention Center has provided a foundation facility for Virginia Beach's growth;however,because the facility was not built for this use we are at a disadvantage to remain competitive in this market sector • The study recommends that Virginia Beach develop a new sports center(field house)to enable retention and growth of participatory sports tourism July 11, 2017 50 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) Below is the Victus Study Highlights: Victus Study Highlights Recommendations: • Indoor sports facility with city controlled booking in policy • Location should be near hotel inventory ,_ J • Convention Center area is most favorable site . /" • Basketball and volleyball present opportunities _ . for tournament facilities • Operate public sports leagues and camps,during ' non-tournaments use,to enhance facility revenue • Validated additional existing core business (wrestling,cheering,etc.) Projected Benefits: • Generate 36 new events per year • Produce a minimum of 21,000 additional room night per year • Stimulate$9.7 million in annual economic activity • Become a more competitive destination and contribute to the resurgence of our entertainment district with visitation in the shoulder seasons Here are the Sports Center Development Assumptions: Sports Center Development Assumptions • No acquisition of property; use City owned parcels • Co-locate with Convention Center/Arena for space and parking efficiencies • Not located at the Dome Site • Parcel must be sized to handle a minimum footprint of 185,000 SQFT facility and a mezzanine • A minimum of 600 parking spaces must be available • Must be in proximity to Oceanfront, but not further West than the Convention Center site • Must be funded by TIP Fund, not General Fund July 11, 2017 51 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) The Scope continues changing based on the findings of the Victus Study as well as input from the industry: Sports Center Scope -162,000 SF-216,000 SF -12 full-length,high-school-sized/amateur athletic basketball courts with hardwood flooring -6 full-length,collegiate-sized/amateur athletic basketball courts(utilizing same floor space as the 12 high-school-sized courts,i.e.utilizing the width of 2 high- school-sized courts) -24 volleyball courts(utilizing same floor space as the 12 high-school-sized basketball courts,i.e.2 volleyball courts on each basketball court) -An indoor track with articulating corners -Remotely operated ceiling-to-floor screens/nets to segregate each of the 12 basketball courts -Combination of built-in and portable bleacher-sets to support spectator viewing from at least one side of each of the 12 basketball courts,with the ability to configure the bleacher-sets to provide seating for 1,500-2,000 spectators around 1 of the 12 basketball courts for championship events -Elevated walkway seating/viewing from one side of the program space 2, Here is the preferred location of the proposed Sports Center: Sports Center Preferred Location t<1 _ _. . .-. -._J i.1—. J 1 IA -�F t f foa en • J I 1� "V- i'• '- t 941P* .:: h.,J r -.ni c--"-.,r-,rr ?T''1J F 1 f iu r•rI fil- FP 1,1.'Wr rrr,r_-n--n• July 11, 2017 52 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) This is the Local Facility Comparison: Local Facility Comparison V.B.Field Hous (Proposed( (Proposed) Princess Anne Commons Chesapeake Heldhouse Sports Center Chesapeake Square— 19.Street Western Branch Site 175,000 sq.ft. 120,000sq.ft. 185•200,000sq.ft. Amenities 4 Basketball 4 Basketball 12 Basketball/ 6 Turf fields I Open Turf field 24 Volleyball Market Focus Local league use Local league use Sports Marketing Local membership Local membership Tournament Ownership Privately owned/operated City owned and leased to City owned and controlled private operator Proximity to Convention 10 miles 17 miles Adjacent Center Availability for VBCVB. Unavailable TBD/Likely unavailable City controlled Sports Marketing Booking policy Here is an overview of the Unsolicited Interest: Unsolicited Interest • June 7th—Received Vision document from MEB General Contractors for multi-sport facility on 19th Street • June 22nd—Received concept document and drawings from S.B. Ballard Construction Co.for facility on 19th Street • July 7th—Received unsolicited PPEA proposal from Eastern Sports Management to construct and operate the"Virginia Beach Tournament and Event Center on 19th Street and Jefferson Avenue" July 11, 2017 53 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM# 67198 (Continued) Below are the Recommended Next Steps: Recommended Next Steps • Reject Unsolicited PPEA • Finalize Project Scope • Issue solicitation for PPEA proposals for the design, construction and/or operation of a multi-sport facility located on the Convention Center site at 19th Street • Source of Funds for CIP Project#9041 ($40 M) is the Tourism Investment Program Fund Below is the PPEA Process Basic Overview: PPEA Process Basic Overview Uatdion to Root and Selection of P...Solrortion 0.acaiva, kanrw8 rk of Pon 3 Proceed to D O d P,0000, %ouste proposalsConceptuaEvaluate pauaad ProIMLr NKorrrrd Proposals Proposals Phax Proposals In Conceptual PhaseN Detailed Phase IMI IIIII I II July 11, 2017 54 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) Parking must be addressed when discussing the Entertainment District: Parking ---:.--el i+ 1t, ,�,,W IIII 3) Below is an overview of the Parking Assets: Parking Assets • The Convention Center site has 2211 existing spaces • The Arena preliminary site plan creates a total of 2794 spaces in the Convention Center/Arena site • 2700 dedicated to Arena parking&300 to Convention Center when for Arena events larger than 6500 Oct-May -‘--,..',--iriv, - 7-77,---. ."----7-.—_-E-.---r7._ LL't 1*.latj t ft .4.--;:.4::, r...< 7 1 *lir _;_ `fit*1 [ f ,.�; ! •j .6131 .: 41:i ' -ct 1 \ 1J I ":.,' .:4-::)71: — — July 11, 2017 55 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM# 67198 (Continued) This map depicts the Replacement Parking Area and VBCC Lot: Lease Agreement Exhibit B-4.Replacement Parking Area and VBCC Lot •=� —. — Vbd.Y Knell Na.. T:nk Sher e! I' 1 .-'---i- �� v� _ P..xt.4ntier . '\ ,,`;P L �'t'11'. Palmi Study 44 iii.,- 14 - _, - ,,t.. .. 0..,.w, o.r......Gam*444/4.rnb..115C 4 --, \,. t_.,. •.:111 ''' .-1 -'i - „i MI Onankes.Om..triu.g.....q1,141 ior.44..70..."' pwr„sn to .nn a } rw ...,rM��. , Id I. / ,i .1' .... ewTnau w..u.•«.,. i(`�- 'T_I __- •'may�..�i a4 Arena Development Agreement • If City eliminates publically available parking in the Replacement Parking Area, it must be replaced with an equivalent number of spaces as required by the Arena Development Agreement—Lease Agreement July 11, 2017 56 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) Both the Sports Center and Dome Site Development trigger Parking Replacement Requirement: Both Sports Center anda• — Dome Site Development I - M : trigger the Parking Replacement Requirement: t I • Construction of a field house west of the Irk convention center eliminates approximately 550 Spaces • Arena off site , improvements include construction of new t surface parking on the "Treasurer's Lot"with approximately 264 spaces 't;:: Here are some Parking Assumptions to consider: Parking Assumptions • Sports Center development creates additional parking demand in the Convention Center/Arena site • A Sports Center event needs 600 spaces (36x/year) • A Medium Arena event (6500-8000 attendees) needs 2700 spaces (34x/year) • A Large Arena Event(15000 attendees) needs 4600 spaces (15x/year) • A Medium CC event needs 1000 spaces (21x/year) • A Large CC event needs 2200 spaces (38x/year) July 11, 2017 57 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) This provides some of the Parking Scenarios: Parking Scenarios • A Medium Arena Event(2700 spaces 34x/year),Medium CC Event (1 cars 21x/year)and a Sports Center Event(600 spaces 36x/year)needs a total of 4300 spaces(this overlap of events is expected to occur 2x/year)— On site parking deficit=1272 spaces • A Medium Arena Event(2700 spaces 34x/year),Large CC Event (2200 cars 38x/year)and a Sports Center Event(600 spaces 36x/year)needs a total of 5500 spaces(this overlap of events is expected to occur 4x/year)— On site parking deficit =2472 spaces • A Large Arena Event(4600 spaces 15x/year),Medium CC Event (1000 spaces 21x/year)and a Sports Center event(bW spaces 36x/year)needs a total of 6200 spaces(this overlap of events is expected to occur lx/year)— On site parking deficit=3172 spaces • A Large Arena Event(4600 spaces 1Sx/year Large CC Event(2200 spaces 38x/yearland a Sports Center Event(600 spaces 36x/year) needs a total of 7400 spaces(this overlap ofevents is expected to occur 2x/year)— On site parking deficit=4372 spaces Below is the VBCC Parking Utilization in May: VBCC Parking Utilization in May Date Event Cars Lot Occupancy* May 6 U.S Finals Cheer 1633 74% and Dance May 13 Comicon 2274 103% May 27 Wrestling 1678 76% •Based on a total of 2211 spaces July 11, 2017 58 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) Outside Arena Site Public Parking 2470 Spaces Private Commercial Parking 1092 Spaces V4 %P: R r X1din aa a. Br.. . fnu=`�.{'_S •. :T/ z: .• al gal. if i r '(. ( ..` _ lit w-3. F,.._ - 44 Here are the Parking Recommendations: Parking Recommendations • Develop proposals that will create additional parking to accommodate Sports Center development and eliminate the Dome site inclusion in the Replacement Parking Area • Parking facilities to be funded solely by TIP Fund July 11, 2017 59 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) Below are the Next Steps Next Steps 1.1 Next Steps — July - September • Reject Unsolicited PPEA for Sports Center • Issue PPEA Solicitation for Sports Center Proposals • Continue Dome Site Interviews and Due Diligence in selection of a developer/operator team • Develop parking strategy for Entertainment District • Arena Loan Closing and Construction Commencement July 11, 2017 60 CITY MANAGER'S BRIEFINGS ENTERTAINMENT DISTRICT ITEM#67198 (Continued) Questions / , Discussion as Mayor Sessoms thanked Mr. Williams and all of the Departmental Staff for their work and dedication to the City. July 11, 2017 61 CITY MANAGER'S BRIEFINGS WILDLIFE REHABILITATION ITEM#67199 5:47 P.M. Due to time constraints, this presentation was rescheduled to July 18, 2017. July 11, 2017 62 CITY COUNCIL LIAISON REPORTS ITEM#67200 5:47 P.M. Due to time constraints, there were no City Council Liaison Reports. July 11, 2017 63 CITY COUNCIL COMMENTS ITEM#67201 5:47 P.M. Due to time constraints, there were no City Council Comments. July 11, 2017 64 CITY COUNCIL AGENDA REVIEW SESSION ITEM 067202 5:48 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES 1. Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board re legal services to the School Board and Administration by the Office of the City Attorney for FY 2018 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of property located adjacent to 101 South Independence Boulevard re parking spaces 3. Ordinance to AUTHORIZE acquisition in fee simple for the right-of way for First Colonial Road and Virginia Beach Boulevard Intersection Improvement Project and acquisition of temporary and permanent Easements by Agreement or Condemnation re changes granted May 23, 2006 4. Ordinance to CARRY FORWARD and APPROPRIATE from FY2016-17 $74,750 and TRANSFER$40,000 in FY 2018 re FOIA Software 5. Ordinance to ACCEPT and APPROPRIATE $220,500 in Federal and $24,500 in State Revenue from the Virginia Department of Transportation (VDOT) to Traffic Safety Improvement IV re construction contingencies 6. Ordinance to TRANSFER $424,885 from the General Fund Reserve for Contingencies to the Finance Department re a Disparity Study and department support services July 11, 2017 65 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67202 (Continued) K. PLANNING I. G. KYLE and AMANDA B. GIFT and LEIGHTON P. ROPER, JR., ALBERT L. ROPER, JR. and MOLLY ROPER JENKINS Variance to Section 4.4 (b) of the Subdivision Regulations re single family dwellings at 1325 Lynnwood Drive DISTRICT 5 —LYNNHAYEN 2. MIRASOL, LLC and MIRASOL COMMUNITY ASSOCIATION, INC Change of Zoning from Conditional R-7.5 Residential to P-1 Preservation re open space at Mirasol Drive, North and South sides of Nimmo Parkway DISTRICT 7—PRINCESS ANNE 3. DHW JOINT VENTURE, LLC and MILHWY PROPERTIES LLC, CITY OF VIRGINIA BEACH, CARLESTA E. SPEARMAN AND RALPH B.SAUNDERS II,S& J TRUCK TERMINAL, INC Conditional Change of Zoning from R-5D Residential Duplex and I-1 Light Industrial to Conditional A-36 Apartment re multi family units at 5833 Sandpit Road DISTRICT 4—BAYSIDE 4. C & J INVESTORS, LLC and TRUSTEES OF GRACE COMMUNITY CHURCH, NIANZA EMORY WALLACE, H and CRESSLER LASALLE WALLACE Conditional Change of Zoning from R-10 Residential to PD-H2 with underlying A-12 Apartment District re townhouse dwellings at 1725 and 1733 Salem Road DISTRICT I — CENTERVILLE 5. INFOTEC, LLC and THE RUNNYMEDE CORPORATION Conditional Use Permit re Business and Vocational School at 100 Constitution Drive DISTRICT 5—LYNNHAVEN 6. CITY OF VIRGINIA BEACH—An Ordinance to AMEND the City Zoning Ordinance (CZO) re Sections 111, 207, 232, 310 (Preservation District), 401(Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts), 701 (Hotel District), 801(Offtce Districts), 901 (Business Districts), 1001(Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District), 2203 (Central Business Core District), and the Oceanfront Resort District Form-based Code Sections 5.2 and 5.3.17 re Small Wireless facilities, and definitions, requirements and uses 7. CITY OF VIRGINIA BEACH—An Ordinance to AMEND Section 103 of the City Zoning Ordinance (CZO) re notices to property owners of Appeals to the Board of Zoning Appeals COUNCIL LADY WILSON FILED DISCLOSURE LETTER ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 COUNCIL LADY ABBOTT and COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 July 11, 2017 66 ITEM#67203 Due to a very full Agenda and lack of time, the Closed Session was not held. (Break 5:49 P.M. - 6:00 P.M.) July 11, 2017 67 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 11,2017 6:00 P.M. Mayor Sessoms called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,July 11, 2017, at 6:00 P.M. Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Eugene K. Austin,ll, DD Pastor, Morning Star Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict If during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. July 11, 2017 68 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 identjing 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()pane 2, 2015, is hereby made apart of the record. July 11, 2017 69 Item—VI-E CERTIFICATION ITEM#67204 THE CLOSED SESSION WAS NOT HELD DUE TO A VERY FULL AGENDA AND A LACK OF TIME July 11. 2017 70 Item -VI-F MINUTES ITEM#67203 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 20,2017. 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Abstaining: Jessica P. Abbott July 11, 2017 71 ADOPT AGENDA FOR FORMAL SESSION ITEM#67204 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 11, 2017 72 Item - VI-H.l MAYOR'S PRESENTATION ITEM#67205 PROCLAMATION PARKS AND RECREATION MONTH JULY 2017 Mayor Sessoms introduced and welcomed Michael Kalvort, Director - Parks and Recreation, and presented a Proclamation declaring July 2017 "Parks and Recreation Month." Mayor Sessoms encouraged all citizens, city members and civic organizations to join him in supporting the City's Parks and Recreation programs by visiting a community recreation center,park or other natural area. Mr. Kalvort expressed his appreciation to City Council for their continued support of Parks and Recreation. July 11, 2017 vai Beec6, 4'e`�" ‘ t z 5. • 41 frnc1amutimt' w,...,�' Winos: Parks and recreation programs are an integral part of the City of'Virginia(Beach with 266 parks and par(fanities,sewn community recreation centers, 7,069 acres of parkland and open space; and S4%amr Pf<y-eight percent of the community resides within a hafmde wakto a park;and 'Wien= Park;and recreation programs are vitally important to establishing and maintaining the quality of fife in our community, ensunng the hearth of all citizens,programming active and passive activities for citizens, and contributing to the economic and environmental wellbeing of our community;and Wismar Park;and recreation is an integral part of CounciCs vision, contributes to the achievement of thegoa6 in Me Sustainabifety Pfau,and supports the'Urban Purest Management Phe;and Stifle= Para{ and recreation programs provide therapeutic recreation and inclusion serrates far individuals with cognitive or physical needs;and 'Whereat The Pork;and Recreation(Department is the largest youth development provider in the city serving over 7,000 children annually and Menus: Park;and recreation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction;and Winos: Park; and natural areas improve water quality, assist with storm water and sea levt rise, improve the quality of the air we breathe,and produce habitatforwifdlfe;and ''hereat Park;and natural areas and open space provides a phut for children and adults to connect with nature and recreate outdoors;and Whereas: The Parks andRecreation(Department is a CAPRAAccredited agency. Now,Therefore,I,'Wiliam D.Sessoms,yr.,Mayor of the City of Virginia'Beach,do herebyProclaim. y42017 cParkf and ftcreation [Month In Virginia(Beach and!encourage al citizens,city members and civic organizations to join me in supporting our r arks and(Recreation programs by visiting a community recreation center,park or natural area. fn WUssess Wheal!haw hereunto set my hand and caused the OfficialSear of the City of Virginia Beach, V rginiia,to be af(edthis(Eleventh day of July,Two ThousandSeventeen /ilk 1 1 1144 William D.Se ssonu,Jr. ;Hayes 73 Item- VI-LI PUBLIC HEARINGS ITEM#67206 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY Adjacent to 101 South Independence Boulevard There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING July 11, 2017 74 Item- VI-L2 PUBLIC HEARINGS ITEM#67207 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION,BY AGREEMENT OF CONDEMNATION First Colonial Road and Virginia Beach Boulevard There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING **MAYOR SESSOMS LEFT THE FORMAL SESSION TO ATTEND A SISTER CITIES EVENT HONORING MOSS,NORWAY,MAYOR TAGE PETTERSEN THAT STARTED AT 5:30 P.M. July 11, 2017 75 Item- VI-J ORDINANCES ITEM#67208 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items I, 2, 3, 4, 5, and 6 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert Al, Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July ll, 2017 76 Item -VI-J.1 ORDINANCES ITEM#67209 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board re legal services to the School Board and Administration by the Office of the City Attorney for FY2018 Voting: 10-0 Council Members Voting Aye. Jessica P. Abbott, Al Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. July 11, 2017 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2018 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; and 12 13 WHEREAS, City Council agrees that it is in the best interests of the City and the 14 School Board for the Office of the City Attorney to continue to provide legal services to the 15 School Board pursuant to the revised Cooperative Agreement for FY 2018. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City Council hereby approves the Cooperative Agreement for FY 21 2018, a copy of which is attached hereto. 22 23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 24 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th dayof July , 2017. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney Mark D. Stiles CA14092 R-1 June 9, 2017 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2018 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the following staffing during FY 2018 to serve as in house counsel under this Agreement. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall- Mclvor, Associate City Attorney, and Matthew R. Simmons, Assistant City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph ID. B. The City Attorney will dedicate one paralegal, Anna Cleveland, on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The City Attorney will be provide legal assistance from the other attorneys and staff members in the Office based upon their various areas of expertise with Page 3 of 7 school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in- house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Page 4 of 7 Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the Page5 of7 School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $553,694.33 from its FY 2018 Operating Budget to the FY 2018 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, organizational dues, and certain administrative costs of attorneys and staff members assigned to handle matters under this Agreement. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2017 and ends June 30, 2018, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACHJn � �//,^,'' ,^, By: 'Q nAl.ti 7y7,attic 'P Beverlik. I. Anderson, Chairwoman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on 1u.ne, RD , 2017. By: at-cia.a. t School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2017. By: City Clerk Page 7 of 7 77 Item -VI-J.2 ORDINANCES/RESOLUTIONS ITEM#67210 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of property located adjacent to 101 South Independence Boulevard re parking.spaces Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July 11, 2017 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE (5) 3 YEARS FOR CITY-OWNED PROPERTY LOCATED 4 ADJACENT TO 101 S. INDEPENDENCE BVLD. 5 6 WHEREAS, the City of Virginia Beach (the "City") owns land known as the 7 former Norfolk Southern Right-of-Way (the "City Property"); a 9 WHEREAS, Blazin' Wings, Inc., t/a Buffalo Wild Wings Grill & Bar ("Blazin' 10 Wings"), leases property known as 101 S. Independence Blvd. (GPIN: 1477-43- 11 1890), located adjacent to the City Property; 12 13 WHEREAS, Blazin' Wings desires to lease a 4,860 sq. ft. (0.11 acre) portion 14 of the City Property, consisting of paved parking spaces (the "Premises"); 15 16 WHEREAS, Blazin' Wings has agreed to pay the City $510.00 per month 17 ($6,120.00 annually) for the use of the Premises for the term; and 18 19 WHEREAS, the Premises would be used for employee and guest parking, 20 and for no other purpose. 21 22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for the term of 26 five (5) years, between Blazin' Wings, Inc. and the City of Virginia Beach for the 27 Premises, in accordance with the Summary of Terms attached hereto as Exhibit A, 28 and made a part hereof, and such other terms, conditions or modifications as may 29 be acceptable to the City Manager and in a form deemed satisfactory by the City 30 Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 11th 33 day of July , 2017 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM LiAaU4.Gf. 141i,(,&74) st, 57 G� City Attorney Public Wo / Factnties Management CA13881 Mgov corn\DFs9Appncaunns,Gylswwoamycom39wpaocs\W9nP006w0004fn.DOC R-1 June 27, 2017 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED ADJACENT TO 101 S. INDEPENDENCE BLVD. LESSOR: City of Virginia Beach (the "City") LESSEE: Blazin' Wings, Inc. (Va Buffalo Wild Wings Grill & Bar) PREMISES: Approximately 4,860 sq. ft. (0.11 acre) of City-owned property located adjacent to 101 S. Independence Blvd, consisting of paved parking spaces TERM: November 1, 2017 through October 31, 2022 (the "Term") RENT: $510.00 per month ($6,120.00 annually) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for employees and guests; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason upon ninety (90) days' written notice. LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO BLAZIN' WINGS, INC. (APPROX. 4,860 sfl , r 1- r " ..• t:uffalk\' ild \S'in1v,e I .a.c.Arra t/_. 1 '1',L t 1 • I . ._ r• moi- f y r n .4 • n �. f .C p � •tj'1O & M I a , ! 6 - +r'.r ,,. _ .,411'' s ` '1 ti 1 11 ¢} • , 4..i'•• AI i iy Im.o�.re.e is 7 N c* - - +rR - - d -- — 8 i. — — a – h i M d G r' _ __ IP T 1:11111111309- j �k — J tli 78 Item-VI-Z3 ORDINANCES ITEM#67211 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition in fee simple for the right-of-way for First Colonial Road and Virginia Beach Boulevard intersection Improvement Project and acquisition of temporary and permanent Easements by Agreement or Condemnation re changes granted May 23, 2006 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July 11, 2017 1 AN ORDINANCE AUTHORIZING THE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY 3 FOR THE FIRST COLONIAL ROADNIRGINIA BEACH 4 BOULEVARD INTERSECTION IMPROVEMENTS s PROJECT (CIP 2-072) AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS, 7 EITHER BY AGREEMENT OR CONDEMNATION, 8 REFLECTING AREAS CHANGED SINCE PREVIOUS 9 AUTHORITY WAS GRANTED 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important roadway project for public use, 13 to improve transportation within the City and for other related public purposes for the 14 preservation of the safety, health, peace, good order, comfort, convenience, and for the 15 welfare of the people in the City of Virginia Beach; 16 17 WHEREAS,on May 23,2006, City Council adopted Ordinance 2943D approving the is major design features and authorizing the acquisition of property by agreement or 19 condemnation for this project; 20 21 WHEREAS, due to utility design changes, it is necessary to amend City Council's 22 authorization to acquire property and easements either by agreement or condemnation to 23 reflect updates to the plats and plans since Ordinance 2943D was adopted; and 24 25 WHEREAS, the major design features of this project as previously approved have 26 not changed. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 Section 1. That the City Council authorizes the acquisition by purchase or 32 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 33 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 34 fee simple, including temporary and permanent easements and entire tracts upon which 35 such rights-of-way or easements shall be located within the limitations and conditions of 36 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown 37 on the plans entitled "FIRST COLONIAL ROAD / VIRGINIA BEACH BOULEVARD 38 INTERSECTION IMPROVEMENTS CIP #2-072, UTILITY CIP #5-140, CIP #6-067" (the 39 "Project")and more specifically described on the acquisition plats for the Project (plats and 40 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 41 Division, Department of Public Works, City of Virginia Beach,Virginia, and to the extent the 42 Plans have changed since City Council adopted Ordinance 2943D, Council authorizes any 43 new areas to be acquired and withdraws its authorization to exercise condemnation for any 44 proposed easements deleted from the Plans. 45 46 Section 2. That the City Manager is hereby authorized to make or cause to be 47 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 48 reasonable offer to the owners or persons having an interest in said Property. If refused, 49 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the lit hday of 52 July , 2017. CA13883 PREPARED: 6/27/17 R-1 \\vbgov cum\dfsi\applications\citylawprod\cycom32\wpaocs\d014\p025\00378437.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL rit SUFFICIENCY AND FORM PUBLI S WORKS/REAL ESTATE CITY ATTORNEEY 0 ORD - 2943D AN ORDINANCE TO AUTHORIZE 5f 2 ACQUISITION OF PROPERTY IN FEE 3 SIMPLE FOR RIGHT OF WAY FOR FIRST 4 COLONIAL ROAD / VIRGINIA BEACH BOULEVARD INTERSECTION IMPROVEMENTS, 6 CIP #2-072, UTILITY CIP #5-140, CIP 7 #6-067 AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, 9 EITHER BY AGREEMENT OR CONDEMNATION 10 11 1z WHEREAS, in the opinion of the Council of the City of Virginia 13 Beach, Virginia, a public necessity exists for the construction of 14 this important roadway project to improve transportation within the 15 City and for other related public purposes for the preservation of 16 the safety, health, peace, good order, comfort, convenience, and 17 for the welfare of the people in the City of Virginia Beach. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 Section 1. That the City Council authorizes_ the acquisition 21 by purchase or condemnation pursuant to Sections 15.2-1901, et 22 seq. , Sections 23 .1-89, et seq. , and Title 25.1 of the Code of 23 Virginia of 1950, as amended, of all that certain real property in 24 fee simple, including temporary and permanent easements and entire 25 tracts upon which such rights of way or easements shall be located, 26 within the limitations and conditions of Section 33 :1-91 of the 27 Code of Virginia of 1950, as amended (the "Property") , as shown on 28 the plans entitled "First Colonial Road / Virginia Beach Boulevard 29 Intersection Improvements CIP 42-072, Utility CIP 45-140, CIP #6- 30 067, " (the "Project" ) and more specifically described on the 32 acquisition plats for the Project (plats and plans co3Jectively 32 referred to as the "Plans-) , the Plans being on file in the 33 Engineering Division, Department of Public Works, City of Virginia 34 Beach, Virginia. 35 Section 2. That the City Manager is hereby authorized to make 36 or cause to be made on behalf of the City of Virginia Beach, to the 37 extent that funds are available, a reasonable offer to the owners 3a or persons having an interest in said Property. If refused, the 39 City Attorney is hereby authorized to institute proceedings to 40 condemn said Property. 41 Adopted by the Council of the City of Virginia Beach, n2 Virginia, on the 73gb day of W"l 2006. CA in x' PREPARED: 03/22/06 x;/oid/realestate/acg/w-c/acq ord APPROVED AS TO CONTENT CA9875 FColonial Ord_doc C. sm pp,,��NATURE 1E DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM AgLCIT ai RAW rye hat hI.w>,t..ln.v .Stat. vorm\mwcrr. Gn..+. >anewrauoa cox nexts that le..,,.. mea T.....aa R t--�N __ No� O fp osis„ ' \--�r � E (,, r i n �"rJ A� r VIRG IA B c�' WA nof ,yi "S L I. pfli SIT= :r"` 1 �� .c 14RI g_01 ��`M NECK D X41 /L0� U A ell Ell 1--,_ j_kti . - W. - 0 r f 110illigin 111111111•1-r! 11r , !tc, rugAFMMON' , t,_Ti i - mit .41:791"- f. ,J r + ElMiir ,, r_ licp. . wor::3 tivi „O. 0 Eillo t DBI jig. .4. " ills___-lir t mil ,12:i —1 0 ark <• DI LIME. 0 ns " :h'a 1 IIII g-, , . 0 ID i, D:= mi H ---L__ "....,..... . al i L./ 1' i_t , Mt, iir lb.' 0 _ Ii00,4„ "i =•----, -VIRGINIA B —_ c:i i - -L=3 ' ! 4! me. PA � ! M I Iti '414113 = , ,-pictivt,.. 0 ci. ,„1, „Awlsolio sisti,:, 12 . 40 i --m-,7idougnstPffi.L? 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IS�d = = O Ito g \ a g !, o� � Ci �� CO R CD w (1) 03 II; API '-,may►- 1 I a d = \ • ' ° ti ii'-c\i \ k - • 111,1 0 !PILO ^4 N N 2 Q \ei...°, 0111110" sv: I- 1_ P < • 1, \ ECJI ' IN Q pd 11 = rP � °' V C7 "(I 4?/---,,,,._§ \ \ I D _ ry p 12 \ \ \-\ 0 / n n ilaciN w. 111 ''i) .'"° o i g, Atry,..,_:,,:ta \ 0 c!) fa. ...I us- }�+ pP mJ( p ��, O O '3 u Amo I ` c' °y " 0- ° I, . , 1 (1 N N C) \ ig _Ill •14r 1 CIA, . \ Cr = S cr ,T, (1) \� \ oo :000001 a�� n p,;g-A o CI a a v 3 gf �tt� j . D ��QR= Q d J 79 Item 47-14 ORDINANCES/RESOLUTIONS ITEM#67212 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to CARRY FORWARD and APPROPRIATE from FY2016-17 $74,750 and TRANSFER$40,000 in FY 2018 re FOIA Software Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July 11, 2017 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $74,750 AND TO TRANSFER $40,000 3 FOR THE PURCHASE OF FOIA SOFTWARE 4 5 WHEREAS, funding totaling $74,750 was unexpended at the close of the FY 6 2016-17 and requires re-appropriation to achieve the purpose for which such funds 7 were included in the FY 2016-17 Operating Budget. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. $74,750 is hereby appropriated to the FY 2017-18 Operating Budget of 13 the Office of the City Attorney for the initial purchase costs for Freedom of Information 14 Act software, with revenue from the General Fund fund balance increased accordingly. 15 16 2. $40,000 is hereby transferred from the General Fund regular reserve for 17 contingencies to the FY17-18 Operating Budget of the Office of the City Attorney for the 18 initial cost of Freedom of Information Act software. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of July , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harrheyer Budget and Management Services City Attorney's Office CA14096 R-1 June 28, 2017 80 Item-VI-J.5 ORDINANCES ITEM#67213 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $220,500 in Federal and $24,500 in State Revenue from the Virginia Department of Transportation (VDOT) to Traffic Safety Improvement IV re construction contingencies Voting: 10-0 Council Members Voting Aye.' Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July 11, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION TO CIP #2-111, TRAFFIC SAFETY 4 IMPROVEMENTS IV 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That $220,500 in federal revenue and $24,500 in state revenue is hereby 10 accepted from the Virginia Department of Transportation's Highway Safety 11 Improvement Program and appropriated, with revenues increased accordingly, to CIP 12 #2-111, Traffic Safety Improvements IV, in the FY 2017-18 Capital Improvement 13 Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 ch day of July 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley / .•na - .rmeyer Budget and Management Services City Attorney's Office CA14095 R-1 June 27, 2017 1r ...E___ Pr0. N o * cr(i�its -I r (.00 ( 01 l l t I 2014 ADT= 29,528 vpd c. r ', ‘'' 3m 4' 'i., V vs ;' ;.�, O) . ` oe R4 --4 /4y D� �r s --,:con.; /co �cil, . {' I i__- end c •g .``.off a ffi - i 0 _ o .. 1P 3 m ---\ . � � e v i!,` (I ' 'fj :r ' \vd. �_ un Cee Ii ii - `5,\ _ ,ifi fl o 04. 01 Proposed Flashing Yellow Arrow Location N`• ' 'Il7 Crk `:-` ( �'$ � spa � r Holland Road from Windsor Oaks Boulevard to Green Run Boulevard 1 i es r: V t Z2 `32` lU `r` .i Z r , � ,�. J v -, r N e p yt•;1 f`• ` v 1,Ic3cia CD C v CS- proiect limits Jr's4"IHC 2014 ADT= 16,034 vod 1/# Vit St �:. kt _ a V; `� (j- !x- rl- / gi — i * .. N. ii • iiii iu Pelt)l►yoke ,. qd,Q,,: r. Rhino, 0 CT z- tilf of t 4.1 Proposed Flashing Yellow Arrow Location ���� 0 A! aI',l►1 t.1 , �`3�/f C' North Witchduck Road from Baker Road to Sullivan Drive 2 N 14 1 411'\ 4 Io. 4 ce i>,• ..4, ,-, '••• iN ) " 2014 ADT=37,200 vpd /: '"--"--- .--- ) - 411 Proposed Flashing Yellow Arrow Location,oat, -.. South Independence Boulevard from Green Meadows Boulevard to Dahlia Drive 3 Pots ells <C,0 OSS/ r 4 N o 6' 9 .• 4C4) t 00411, D OjHr AvE ', 90'X1. Centre Pointe puWAj / °Bre ��� C Park �P� l' °���i-, entre p°int °oo c1 e�r F G� cc' ';••`' �`•�`,;y ,OS C, F 1< Wed pe, . 'od c fa is,'Ar' 9561-4 F4' GREENS C I Or" �O ) Kern psvi l lei < 2014 ADT= 23,822 vod Greens Golf Course 1Proposed Flashing Yellow Arrow Location N- 01 t->‘)Ih C,‘: -- - Baxter Road from Kenley Road to Centre Pointe Drive 4 s Z� 'Gi N tr ,,..., es\ (,,, _, -, y: , ,f T.arksPut 49` 2014 ADT= 31,244 vpd (.',./f6 Cie 2 Q\ • �\. lei.' ' - . \do c)-44* ei,..0 0t, -iit;1, •"0� fie/ i r ii4. of s tsti;• Q *as `t v. vi o c1 ♦ '0' I.slf• 1I . -s4,. 2015 ADT= 30,490 vpd 411 Proposed Flashing Yellow Arrow Location Princess Anne Road from Edwin Drive to Green Meadows Drive/Timberlake Drive 5 NFQ B.,6OxOR N Eox .- soiviv LL DR w:..mnt .4'' .Q Woods piCASSU DF fD CON G 2014 ADT= 17,317 vod i ...;r,, , Project Limits J' 73 V 0. Lynnhaven Parkway 0 s , Y"P'cv+Y Cu. c O�Oa G ,� �c� Co RO 9 11 Proposed Flashing Yellow Arrow Location L,(.'"c 7 :oom \; Lynnhaven Parkway from Pleasant Valley Road to Round Hill Drive 6 ti \1 /� 4It- ; .,,,:1,110;.".,7,7 /4\40 g NI' 1,1ii .,,J. ,.-t. _______ • • • 1 mum , , !MIN , k___ *Is' r. yew ; ,! SUMII:(6% '' ;rNAHAV N 'WO' j l Y/NHAYI N (yvAl I * EH � • r . IA.:!`;.,,„iflit u ------1 '?::.•-4, .,&Flow, , 11, ''''' '.1011C1% /� srp r *. „ & 4,.. V 12 a ...,, ityr..0 ,/ s,,,,of ,.. *! ' , \ ::44i-Ta-- ( .:,-- iii. iirl ''.. to Arm 440 c, i .k.' lirl 1, (&, tesPa ,. • 1,......-1 -P,.. , ligi :.. .....4 an. loos iii illik 1,, 101. LI `''-' 4r 4•4 AiL4.., ill 41",.', IWO.,*ANL'in.' . - 11,4„. virA/-44*.v low ti------- e i r,i, VIVI rims ..:_:,,,,, 'iilisi US ''- ri, -7.44i,-,;:‘,#„---__---_,,,-,, .. , , '*4" 7.-• \s"& '', --itiliNV, -------,, .4 E' i' 1E1 tie fill\ 11:;11.1ri C.!' V;., ''4`,,,///S1 r' 44r-7-._- ,, .1.; , rim\to..,, ii ..iii;girl", .13 t.,,,, ,. 0\ ;''.•„. 1110f.,,, 401•\ , # iir• Ali /41111, .-4 ..„.„.."--• TA U11.71 - MU\ UV ___--------: ..lew 'Ll,..,:‘, ‘••,k•;1-.•••, \\ 4 ,,,•,_;-4* , fk...,,.i ,,......_ __::,__......, _ ..;;:. iiillU ... § ,5 :`',,, -* ... 4 (Proposed Flashing Yellow Arrow l catio ` l i(---..r,-=___-.-.N.-1 4 1 � v1 \- its it�i Lynnhaven Parkway and Rosemont Road 7 - N n7 •40itE E o .. .o ?. 3. St- IP ‘t. o n 7 Spa Q + V_ 1 " 't ;��Pg � ` r <Y i I . 0,; '.Al it f f„ 2014 ADT=41,087 vpd > \/ e Road wc 14 o\k511 4111 Proposed Flashing Yellow Arrow Location First Colonial Road from Wolfsnare Road to Mill Dam Road 8 81 Item ORDINANCES ITEM#67214 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $424,885 from the General Fund Reserve for Contingencies to the Finance Department re a Disparity Study and department support services Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert Al Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July I1, 2017 1 AN ORDINANCE TO TRANSFER $424,885 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE 3 FINANCE DEPARTMENT TO PAY FOR A DISPARITY 4 STUDY AND DEPARTMENT SUPPORT RESOURCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $424,885 is hereby transferred from the General Fund Reserve for Contingencies to 10 the Finance Department to pay for a Disparity Study and department support resources. Jul Adopted by the Council of the City of Virginia Beach, Virginia on the 11 ehday of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana armeyer Budget and Management Services City Attorney's Office CA14094 R-2 June 26, 2017 82 Item-I/I-K PLANNING ITEM#67215 1. G.KYLE and AMANDA B. GIFT SUBDIVISION VARIANCE 2. MIRASOL,LLC CHANGE OF ZONING 3. DHW JOINT VENTURE,LLC CONDITIONAL CHANGE OF ZONING 4. C&J INVESTORS,LLC CONDITIONAL CHANGE OF ZONING 5.INFOTEC,LLC CONDITIONAL USE PERMIT 6. CITY OF VIRGINIA BEACH 7. CITY OF VIRGINIA BEACH COUNCIL LADY WILSON FILED DISCLOSURE LETTER ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 COUNCIL LADY ABBOTT and COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 July 11, 2017 83 Item-VI-K PLANNING ITEM#67216 Upon motion by Councilman Dyer, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items I, 2, 3(ABBOTT and MOSS VERBAL NAY), 4(MOSS VERBAL NAY), 5, 6 and 7 of the PLANNING AGENDA Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent Mayor William D. Sessoms,Jr. July 11, 2017 84 Item—VI-KI PLANNING ITEM#67217 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of G. KYLE and AMANDA B. GIFT and LEIGHTON P. ROPER, JR.,ALBERT L. ROPER, JR. and MOLLY ROPER JENKINS Variance to Section 4.4 (b) of the Subdivision Regulations re single-family dwellings at 1325 Lynnwood Drive DISTRICTS—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of G. KYLE and AMANDA B. GIFT and LEIGHTON P. ROPER, JR., ALBERT L. ROPER, JR. and MOLLY ROPER JENKINS Variance to Section 4.4(b) of the Subdivision Regulations re single-family dwellings at 1325 Lynnwood Drive (GPIN 1488881351) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. When the property is subdivided, it shall be in substantial conformance with the layout depicted on the Plat entitled, "Preliminary Subdivision of Property Site 1 (Roper Tract) Plat of Property of D. W Gregory & Others" prepared by Gallup Surveyors&Engineers, LTD, dated March 30, 2017, with no more than two parcels- Lot A-7 and Lot B-1. Said Plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Any residential dwelling constructed on Lot A-1 and Lot B-7 shall be in substantial conformance with the quality of the surrounding neighborhood. 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, this Eleventh day of July, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July I1, 2017 . .. ,___,--„,-----------------------Jrv, T. , '5 , _•,..,./ . ,,,,,,,,,. /„, ic,,, , 0 ,,,_. , . . ,. 0 Lj ' f 1/1 .) C''') --------\ . ' ' PI* .40 0 ' 1.17 : i ID ///-- Y \ i'/.1 / V 4 144:-Citi--• .... -) Cirt,T7 ht -.-- 4‘46'. i :! itrat /,eP it‘:' . (03' if-L-1 - / 4-;1114-F'-'-:r Cf------ /air " ` -7 cr)„ :- .. ____: I__ I 1 __ ,,.,xi 1O JrJ {II) 1 1 I I 1 , ti G1Nu''BEil • (T ity of Virginia Beach pyo r�` S �F OUR NMO's .com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX: (757)385-5669 In Reply Refer to 0060942 July 11, 2017 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of G. Kyle & Amanda B. Gift for a subdivision variance on property located at 1325 Lynnwood Drive and owned by Leighton P. Roper, Jr., Albert L. Roper, Jr. and Molly Roper Jenkins. 2. Albert L. Roper, Jr. has disclosed that Dixon Hughes Goodman is a service provider with respect to this transaction. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest, paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- July 11, 2017 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 5. I hereby disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, egtailtae7 Rosemary A. Wilson RAW/RRI 85 Item—VI-K.2 PLANNING ITEM#67218 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Ordinance upon application of MIRASOL, LLC and MIRASOL COMMUNITY ASSOCIATION, INC. Change of Zoning from Conditional R-7.5 Residential to P-1 Preservation re open space at Mirasol Drive, North and South sides of Nimmo Parkway DISTRICT 7 —PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MIRASOL, LLC and MIRASOL COMMUNITY ASSOCIATION, INC. Change of Zoning from Conditional R-7.5 Residential to P-I Preservation re open space at Mirasol Drive, North and South sides of Nimmo Parkway (GPINs 2414741539, 2414758288) DISTRICT 7 —PRINCESS ANNE This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, this Eleventh day of July, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July 11, 2017 . ,._.....4, ,.,_i _ „,„;„,L ,__ in iii • 1Y'rJ G 0_,' --A.Ass-1- 7 . _ „gip 7fticy g . i_, 41 kia4Pitirt Li , Al $ filf T 411Pv Norrillik#01Ai.. .. .,. 4 i-t:L,J P U. „. C-M . L ilk ,-- 0/04 la gibe* LO lam, r ] ,1 110 -PP-- vi- tr,41/7 IM ie ., . 1 „... _. ce itHitie, e, .0,3 ,., , ..„ jar \ /.44.,:kw.:...,..... . •4--- .44-4).4. . _ - ., 1 _. . ... .. .:4"...... - 1 J, j -, A-lk .. . in i, /- / lailicr, i 0- IN.,. \* ' / _., NI,\ _,).41. ,-) 9 \''.',. '. t._ ce\r„. s„, wirs �t� l smoi. NI,,/ :4,7'' t Arrj - /44-41110k c3.'14 \N •44- “k-4k raw .11,11.74,wir , 7 jiih I •:,4\11:24,i, Q mit# ://4,._Ablo.‘• ..: \ /, ' \ w .... ' wqr 'i iiii,W_ Y illriP 90 crA"'s. . \ // -s• ,ik,.4., t•e.m 4k ilitiz. a , ° rl 0 / Job 1_ ,N // ` ,� `��/ '..0 (' '' /\4414" . ' : '''' / . '''' W *A,r • ' ' - ' . - ''/ At, ' . /�/ r.4.$4 'k‘! \ .1 , ..• u- / * 4- r ,'` -7 .''- 1 er S . -.‘ 4. .. i ".V A , „.4.- v /4„.444. 1.1://r 0 - • a 1V.--. - - I--- . Ih.. Ilk 4. 4 iik._ , ce, : .-' / .• , 16.tItia , , _, ,..KN-:., ' :it: " , Mik: vft- -'7 Cs1 -- %,.. - 17V ' K /1 9 ) 1 --1 , f:- / 0 \ , , _, ., N. .__ _,. is. . ,.(. il . - ,____, -. ' ef-,,', \ • :0•:::3111, /t ;, � • . /741tv/Ahh.441..,../:q..'sawfbmimr: ,' ..:4,4.mr..="---:74/4,",'.* : k, Cok te i '' 4 < /' '''/ ------. ---. ----._ -TO -1140' 1 1 � y� l . 01.41A• BEAc it-L 0 �0 • City of Virginia Beach I.y9�s •s, S Op OUR 44."°N VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 In Reply Refer to 0060946 FAX(757)38556991 wsessomsOvbgov.com July 11, 2017 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 Mirasol, LLC for a change on zoning on property located adjacent to Mirasol Drive and adjacent to the north and south sides of Nimmo Parkway and owned by Mirasol Community Association, Inc. 2. The applicant has disclosed that TowneBank is a financial services provider with respect to this transaction. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, Al'e/ 4/1 William D. Sessoms Mayor WDS/RRI 86 Item—VI-K.3 PLANNING ITEM#67219 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, AS PROFFERED, BY CONSENT: Ordinance upon application of DHW JOINT VENTURE, LLC and MILHWY PROPERTIES LLC, CITY OF VIRGINIA BEACH, CARLESTA E. SPEARMAN AND RALPH B. SAUNDERS II, S& J TRUCK TERMINAL, INC. Conditional Change of Zoning from R- 5D Residential Duplex and I-1 Light Industrial to Conditional A-36 Apartment re multi family units at 5833 Sandpit Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DHW JOINT VENTURE, LLC and MILHWY PROPERTIES LLC, CITY OF VIRGINIA BEACH, CARLESTA E. SPEARMAN AND RALPH B. SAUNDERS II, S & J TRUCK TERMINAL, INC Conditional Change of Zoning from R-5D Residential Duplex and 1-1 Light Industrial to Conditional A-36 Apartment re multi family units at 5833 Sandpit Road (GPINs 1459805796, 1459815016, 1459816140, 149817013, 1459818232, 1459910373, 1459912208, 1459900680, 1459902964, 1459914202) DISTRICT 4—BA YSIDE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, this Eleventh day of July, Two Thousand Seventeen. Voting: 8-2 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Jessica P. Abbott John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. July 11, 2017 cov1/4'BfgC CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9774 DATE: June 27, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 16/1- DEPT: City Attorney RE: Conditional Zoning Application; DHW Joint Venture, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 11, 2017. I have reviewed the subject proffer agreement, dated July 11, 2017 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 DHW JOINT VENTURE,L.L.C, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between DHW JOINT VENTURE, L.L.C., a Virginia limited liability company ("DHW"), Grantor for indexing purposes, and CARLESTA E. SPEARMAN AND RALPH B. SAUNDERS, II, CO- TRUSTEES OF THE CARLESTA E. SPEARMAN REVOCABLE TRUST, UNDER AGREEMENT DATED NOVEMBER 19, 2015 ("SPEARMAN"), Grantor for indexing purposes, MILHWY PROPERTIES, LLC, a Virginia limited liability company("MILHWY"), Grantor for indexing purposes, S&J TRUCK TERMINAL, INCORPORATED a Virginia corporation ("S&J"), Grantor for indexing purposes, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("CITY"), Grantor for indexing purposes (collectively, the "Owner") (Owner and DHW are collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, SPEARMAN is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN 1459-91-0373, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Spearman Property"); WHEREAS,MILHWY is the owner of those certain parcels of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN Numbers: 1459-80-5796; 1459-91-2208 & 1459-914202,more particularly described in Exhibit B,attached hereto and incorporated herein by reference(collectively,the"MILHWY Property"); WHEREAS, S&J is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN 1459-90-2964, more particularly described in Exhibit C, attached hereto and incorporated herein by reference ("S&J Property"); WHEREAS, CITY is the owner of those certain parcels of real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN Numbers: 1459-81-5016, 1459- 81-6140, 1459-90-0680, 1459-81-7013 & 1459-81-8232, more particularly described in Exhibit D, attached hereto and incorporated herein by reference (collectively, the "City Property"); GPIN Nos: 1459-81-5016; 1459-81-6140; 1459-91-0373; 1459-90-0680; 1459-81-8232; 1459-81-7013; 1459-91-2208; 1459-91-4202; 1459-90-2964 & 1459-80-5796 Prepared by: Lisa M. Murphy, Esquire(VSB#39111) LeClair Ryan, A Professional Corporation 999 Waterside Drive, Suite 2100 Norfolk,Virginia 23510 WHEREAS, DHW has entered into agreements with SPEARMAN,MILHWY, S&J and the CITY to purchase the Spearman Property,the MILHWY Property,the S&J Property and the City Property, respectively, (collectively,the"Property"); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of an approximately 21 acre portion of the Property, from R-5D Residential Duplex and I-1 Light Industrial to Conditional A-36 Apartment District; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the 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 proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia ("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 have a reasonable relation to the proposed rezonings and the need for which is generated by the proposed rezonings. NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning, site plan, building permit, or subdivision approval,hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed in substantial conformity with the site plan entitled "Burton Station Apartments-- Site Plan",prepared by Poole and Poole Architecture, LLC, dated March 2,2017 ("Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning("Planning Department"). 2. The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled"Burton Station 2 Apartments", dated March 2, 2017,prepared by Poole and Poole Architecture, LLC ("Elevation Plans"), which have been exhibited to City Council and are on file with the Planning Department. 3. A minimum of 650 parking spaces shall be provided in the approximate locations depicted on the Conceptual Site Plan. 4. Open space shall be provided in the approximate locations depicted on the Conceptual Site Plan. 5. Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. 6. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the A-36 Apartment District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, 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("Clerk's Office") 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 City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a)to order, in writing,that any noncompliance with such conditions be remedied, and(b) to bring legal action or suit to insure compliance with 3 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, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 4 WITNESS the following signature and seal. GRANTOR: DHW JOINT VENTURE, L.L.C. a Virginia limited liabili : •. , By: -0011111111 (SEAL) Nam- :rad[ey J. Waltzer Title: Manager COMMO WEALTH OFVIR INIA CITY OF Q to wit: r The foregoing instrument was acknowledged before me this JIU day of mu i ro b 2017 by Bradley J. Waitzer, as Manager of DHW JOINT VENTURE, L.L.C., a Virginia limited liability company, on behalf of said company. [SEAL] IQD Cynthia Paaulli Lane I Rot y Public 7 Yo809 7 Notary Public Registration No: COMTISM w.7141077 My COM11101101 apes tntrmo My Commission Expires: •3I 0 5 WITNESS the following signature and seal. GRANTOR: CARLESTA E. SPEARMAN, CO-TRUSTEE OF THE CARLESTA E. SPEARMAN REVOCABLE TRUST, UNDER AGREEMENT D• TED NOVEMBER 19, 2015 4 , • �/. y,. . I (SEAL) Name: k , 1 Title: Co-Truste- RALPH B. SAUNDERS, II, CO-TRUSTEE OF THE CARLESTA E. SPEARMAN REVOCABLE TRUST, UNDER AGREEMENT DATED NOVEMBER 19, 2015 (SEAL) Nam . a,ot/ B. S4z/Vb292t ,r Title: Co-Trustee COMMONWEALTH OF VIRGINIA CITY OFV1&inid 3ec-evb , to wit: 'Hie foregoing instrument was acknowledged before me this/5 12day of p / �dre)/ , 2017 by Carlesta E. Spearman, as Co-Trustee of The Carlesta E. Spearman Revocable Trust, Under Agreement Dated November 1015, on behalf of said trust. SEAL sy$ l F, ' d 0011,00, L `•Q-�V.NOTARY' ( C'"'h"�bnu /Lr-KYk- �P' PUBLIC "�<u c Notary Pub 15c REG#7032953 = Registration No: '%039.(/53 - MY COMMISSION - n' EXPIRES " c My Commission Expires: F66, oZ (-Qo/g COMMONWE12, T „VIRGINIA CITY OF l/1/ginic. to wit: The foregoing instrument was acknowledged before me this /51y of 2017 by Ralph B. Saunders, II. as Co-Trustee of The Carlesta E. Speannan Revocable Trust, Under Agreement Dated November 1915, on behalf of said trust. [SEAL] P`v.�NOTARv F � ; ttJ // x2 ss ZP, PUBLIC N Notary Public I REG#7032953 1 = Registration No: '7o3 i/.0,53 MY COMMISSION r -- - EXPIRES72 2/282018 ./G r My Commission Expires: Feb • a ao/g !EALTH OF,,,‘ /Signatare }'age to Proffered Covenants, Restrictions and Conditions) WITNESS the following signature and seal. GRANTOR: S&1 TRUCK TERMINAL, INCORPORATED a Virginia corporatio r By: r . . A , _ (SEAL) Name: Suklader : F. OP' Title: President COMMON EALTH OF VI GINIA CITY OF If , to wit: /�Q� The foregoing instrument was acknowledged before me this day of MO 2017 by Sukhwinder Bharij, as President of S&J Truck Terminal, Incorporated, a Virginia corporation, on behalf of said corporation. 1�-'-��,� yy�, /j� y [SEAL] etrint& � 190: f nnn Nota Public 11 (0°301111 �/ r of lir Registration No: CI) twit waw. ^^nn f:asni4son Ns,tt�rt MyCommission Ex fres:y�GC .3�,a V-�V Mt CasmsMm bows 12M/2020 p [Signature Page to Proffered Covenants, Restrictions and Conditions] WITNESS the following signature and seal. GRANTOR: MILHWY PROPERTIES, LLC, a Virginia limited liab. ity company By: .. • (SEAL) Name: SuCI"' de If ar Title: Member COMMO .�E� LTH VIRGINIA CITY OF to wit: „the f regoing instrument was acknowledged before me this I€J ay of 1 (Ica, , 2017 by Sukhwinder Bharij, as Member, of MILHWY Properties, LLC, a Virginia limited liability company, on behalf of said company. /�, [SEAL] ( ik-PD Qt c 1 Q Creep Podia Lane N ary Public r-� p ��C Carwmatwwm°tveq Registration No: 116 °9 I K. y� c ?MOH aeon LM c___ -EN:w 120112020 My Commission Expires' b .3,)p(OO (Signature Page to Proffered Covenants, Restrictions and Conditions] WITNESS the following signature and seal. GRANTOR: THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: (SEAL) City Manager/Authoriz Designee of City Manager Attest: a V' �� ' . h Hodges Fraser, MMC, City Clerk COMMO WEALTH OF VIRGINIA CITY OF ,to wit: The foregoing instrument was acknowledged before me this 2-3 day of \\f-r k—, , 2017 b \,,,, ,_ - ,• • „ - as -.sN_``C A-1yyN\r.r. tiof the City of Virginia ' Beach, a municipal corporstib rtifedommon\vealth of Vllginia, on behalf of said municipal corporation. 4,.\,4P O ,,...p9E; ,SS i t MY Cr: a � � S CA COMMISSION NUMBER S ❑ Notary Public [SEAL] e , 273321 iV Registration No: 21''x"32 \ ';(7.12 ..4Q. My Commission Expires:(D\ -Zp\c\ COMMONWEALTH OF V OIbl1'A' CITY OF Virgoi n1abeacn , to wit: The foregoing instrument was acknowledged before me thisQtI day of rn arcb 2017 by Ruth Hodges Fraser, MMC, as City Clerk of the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia, on behalf of said municipal corporation.ti � . �p 4 Commonwealth Of Virginia o[ary Pub tc [SEAL] Jennifer Anne Gmndler-Notary Public Registration No: -7°S7I tn'-7 Commission No.7037167 My Commission Expires: 5/3f/J>f My Commission Expires sij y/fr [Signature Page to Proffered Covenants, Restrictions and Conditions] Exhibit A to Proffered Covenants, Restrictions and Conditions Legal Description of the Spearman Property GPIN 1459-91-0373: ALL THAT certain piece or parcel of land,with the improvements thereon, situate in Princess Anne County, Virginia, in Kempsville Magisterial District, near Diamond Springs, beginning at a post beginning on Plat No. 3;thence running S. 59° 34' E. 199.3'to a post, beginning on Plat No. 4; thence S. 33°25 W. 672', to a post;thence S. 33° 25'W.4'to a station in center of a ditch;thence down the center of said ditch N. 57°26'W.199.3'to a station in center of said ditch; thence N. 33° 25' E. 4'to a post;thence N. 33° 25 E, 4'to a post; thence N 33° 25' E. 664.3'to a post,the point of beginning; said piece or lot of land being designated as Plat No. 3 and containing 2.7749 acres, exclusive of the area of the railroad right-of- way, and the private road bed, as shown by Plat showing division of portion of Simon Elliot's estate, near Diamond Springs, made by Joshua G. Moore, Ex-County Surveyor, February 20, 1924, and attached to and made a part of a certain deed from Andrew Elliott and others to William Elliott. IT BEING the same property conveyed to Rawn W. Spearman, Sr. and Cadesta E. Spearman, Trustees of the Carlesta E. and Rawn W. Spearman, Sr. Revocable Trust Agreement dated November 7, 1997 by deed from Carlesta E. Spearman f/k/a Cadesta Elliott Saunders, by deed dated October 20, 1999 and recorded November 5, 1999 in Deed Book 4166 at page 926. IT FURTHER BEING the same properly conveyed to Carlesta E. Spearman by Deed of Distribution from Carlesta E. Spearman, Trustee of the Carlesta E. and Rawn W. Spearman, Sr. Revocable Trust Agreement dated November 7, 1997 by deed dated November 19, 2015 and recorded November 20, 2015 as Instrument Number 20151120001132250. The said Rawn W. Spearman, Sr. having departed this life on September 13, 2009 as shown in Will recorded as Instrument Number 20091028001260400. IT FURTHER BEING the same properly conveyed to Carlesta E. Spearman and Ralph B. Saunders II Co-Trustees of The Carlesta E. Spearman Revocable Trust Under Agreement dated November 19, 2015, by deed dated November 19, 2015 and recorded November 20, 2015 as Instrument Number 20151120001132320. A-1 Exhibit B to Proffered Covenants, Restrictions and Conditions Legal Description of the MILHWY Property ALL THOSE certain lots, pieces or parcels of land,with the buildings and improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia,further described as follows: GPIN#: 1459-80-5796: All of that certain tract, piece or parcel of land, situate, lying and being In the Bayside Borough of the City of Virginia Beach, Virginia, and being more particularly designated as Tract "C" 10.0 AC."on that certain plat entitled, "Subdivision of Properly of Peter Roberts Est., D. B. 68 P. 488, Being Lots 18, 19, 20 and part of Lot 17, Cornick Farm, M.B. 55, Pg. 15, Burton Station, Bayside Borough, Virginia Beach, VA", which plat is dated September 22, 1969 and is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 81, page 54, reference to said plat being hereby made for a more particular description and location of the aforementioned property. LESS AND EXCEPT that portion acquired by City of Virginia Beach described as Parcel 008 by deed recorded in Instrument Number 20161028000975690 and Plat recorded as Instrument Number 20161028000969410. IT BEING the same property conveyed to MILI-IWY Properties, LLC, a Virginia Limited Liability Company, dated May 16, 2006 and recorded May 18, 2006 as Instrument Number 20060518000755250. GPIN#1459-91-2208: Beginning at the southwest corner of part of Lot 4 and the southeast corner of Lot 3, of a Division of a portion of Simon Elliot's Estate, recorded in Map Book 7 at page 45 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; said point being S 64° 25'40" E, 624.87 feet from the centerline of Tim Road;thence N 26°20'29"E, 672.00 feet to a point; thence S 66° 38'31"E, 156.31 feet,thence S 28°20'29"W, 211.53 feet to a point;thence S (previously erroneously referred to as N in previous deed) 81° 48' 54"W, 72.36 feet to a point; thence S (previously erroneously omitted from previous deed) 9° 22'43"W, 235,66 feet to a point;thence S 26° 20'29"W, 213.85 feet to a point;thence N 64° 25'40"W, 156,11 feet to the Point of Beginning. Containing 2.223 Acres of land, more or less LESS AND EXCEPT that portion acquired by the City of Virginia Beach described as Parcel 007 in Deed recorded as Instrument Number 20161028000975690 and Plat recorded as Instrument Number 20161026000969330. GPIN# 1459-91-4202: Beginning at the northwest corner of Lot 5 and the northeast corner of Lot 4, of a Division of a portion of Simon Elliot's Estate, recorded in Map Book 7 at page 45 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; said point being southeasterly 798.04 feet from the centerline of Tim Road; thence S 66° 38' 31" E, 182.50 feet to a point;thence S 25° 34'20"W, 165.45 feet to a point; thence S (erroneously referred to as N in previous deed) 81° 48' 54"W, 194.14 feet to a point; thence N 26° 20'29"E, 211.53 feet to Point of Beginning. Containing 0.80 Acre of land, more or less B-1 Exhibit B to Proffered Covenants, Restrictions and Conditions Legal Description of the MILHWY Property (cont'd) Beginning at the southwest corner of Lot 5 and the southeast corner of Lot 4, of a Division of a portion of Simon Elliot's Estate, recorded in Map Book 7 at page 45 in the Cleric's Office of the Circuit Court of the City of Virginia Beach, Virginia; said point being S 64° 25'40" E, 780.78 feet from the centerline of Tim Road; thence N 26° 20'29"E, 213.65 feet to a point; thence S 9° 22'43"W, 222.46 feet to a point;thence N 64° 25'40"W, 64.94 feet to the Point of Beginning. Containing 0.16 Acre of Land, more or less IT BEING the same property conveyed to MILHWY Properties, LLC, a Virginia Limited Liability Company by deed from Yvonne D. Elliott, dated July 5, 2006 and recorded July 13,2006 as Instrument Number 20060713001060720. B-2 Exhibit C to Proffered Covenants, Restrictions and Conditions Legal Description of the S&J Property GPIN: 1459-90-2964: All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach,Virginia, and being known, numbered and designated as Parcel I-D, as shown on that certain plat entitled, "Re- Subdivision of Property of First Virginia Land Trust and S &J Truck Terminal, Incorporated, Virginia Beach, Virginia", scale: 1"= 100', October 17, 2006, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20061219001881190, IT BEING a portion of the same property conveyed to S& J Truck Temiinal, Incorporated, a Virginia Corporation by deed from Eighth Princess Anne Properties, Inc., a Virginia Corporation, dated March 24, 1995 and recorded March 24, 1995 in Deed Book 3483 at page 1398. IT ALSO being a portion of the same property conveyed to S &J Truck Terminal, Inc., by deed from First Virginia Land Trust, David N. Reda, Trustee, dated December 19, 2006 and recorded December 29, 2006 as Instrument Number 20061229001928560. C-1 • Exhibit D to Proffered Covenants,Restrictions and Conditions j gat Description of the City Pr:Q Jt The and referred to herein below is situated in the City of Virginia Beach, State of Virginia. and is described as follows: Residual Parcel West: GPIN: 145981 7013 Residual Parcel East: GPIN: 1459 81 8232 ALL THAT certain lot,piece or parcel of and together with the buildings and improvements thereunto belonging, lying, being and situate in the City of Virginia Beach,Virginia and being designated and described as: "PROPERTY TO BE ACQUIRED FOR RIGHT-OF-WAY PURPOSES (11,261 S.F/0.2585 ACRE)"and 'RESIDUAL PROPERTY WEST TO BE ACQUIRED 14,575 S.F./0.3346 ACRE)"and "RESIDUAL PROPERTY'EAST TO BE ACQUIRED (157379 S.F./0.3599 ACRE)and further designated and described as PROPERTY TO BE ACQUIRED FOR RIGHT-OF-WAY PURPOSES 11,261 SQUARE FEET 0.2585 ACRES". "RESIOUALPROPERTY WEST TO BE ACQUIRED 14,575 SQUARE FEET 0.3346 ACRES","RESIDUAL PROPERTY'EAST TO BE ACQUIRED 15,679 SQUARE FEET 0.3599 ACRES', as shown on that certain plat entitled, "PLAT SHOWING PROPERTY AND EASEMENT TO BE ACQUIRED FROM MILHWY PROPERTIES,LW BYTHE CITY OF VIRGINIA BEACH FOR BURTON STATION PHASE in(CIP NO. 9091)VIRGINIA BEACH,VIRGINIA". Scale: 1"•30',dated February 26, 2018 and revised through March 31, 2018, prepared by Rouse-Sirine Associates, Ltd.,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20161028000969440,to which reference is made for a more particular description. TOGETHER WITH all righl,tale and interest in and to the streets, alleys, and other rights-of-way abutting said Property, and ell easements of any description and rights of ingress and egress benefiting such Properly, BEING a portion of the same properly conveyed to the City of Virginia Beech, a Municipal corporation of the Commonwealth of Virginia by deed from MILHWY Properties, LLC, by deed dated October 20, 2016 and recorded October 28. 2016 as Instrument Number 20161028000975690. GPIN N' 1459-81-5916 Thal certain portion of the properly described below, referred to as"Area`B': An thot oa wv, lot, erect or parol of land, toga:her with the ieprovec nta thereon belonging, lying, situated araf being in the City ct Virginia SOMA Virginia and dnsigcated and deAcrihed se: "AREA 'A' . 119,943 SQ. F'P. . 2.154 ACRES" and "AVIA '9" a,4:'. Q. PT. • 0.193 ACRES', "TOTAL ARBA . 120,369 SQ. PT. . 9.917 ACRES" as shown Ori that certain plat entitled: 'PLAT SNOWING PROPERTY CONVEYED TO TM CITY OF VIROMIA PCH FACT AEAThIC3 COKES AND ?HELM 1i3A44RT PI ALS, MEMOS a[NC R - VIROIMA BEACH, VIRGINIA EMMY MEMO E.on.'u RIAO OlvISIOA DEPARTMENT OP POILIC WORKS CITY OF VPROIM.A HACK, v:RGIFIA OATS: SHPT. 07, 1.994 SCALE: 1' • 40'° vbiCh plat i9 duly V.00tded in the Cerci Office or the Circuit Court of the City of Virginia Reach. Virginia, in Yap Book 25:, at page +a, CO which reference is made for n Hurn particular description. IT BEING the same property conveyed to the City of Virginia Beach, a Municipal Corporation of the Commonwealth of Virginia by deed from James M. Pickretl, Jr., Special Commissioner,dated June 3, 1996 and recorded June 11, 2996, In Deed Book 3626, page 1249. Di Exhibit D to Proffered Covenants,Restrictions and Conditions Legal De,scriptionn of the City Property (COnt'd) GPM p' 1459-81-6140 That. certain lot. traol. ox Parcel of lend to ether ',rich the improvaennts thereon, situate, lying ad being in the City of Virginia Reach, Virginia, desogneteJ au "A' containing .65 acre as shove on that certain plat entitled •9otd,V,9,On of Dart t8 Droverty of Alit* R. Mills, Sutton Station, Saycide scrough, Virginia Beach. VS Scale I` e ea,. dated April t6, 496u, prepared by w. N. nallty, surveyor, Vhten plat ie duty erda] in Cleve'[ 'Circe the Circus: Court oe the C ty of Virgmaa e+avh, Virginia, an1Nap Book ^9, } to which 19 twhich reference re nada Foe a more part.n_,/.ar : dereip!ic' of said property rE SEIt.'O nre earce provetfy conveyed to CITY OF VIRGINIA n1 AC/1 by deed frCS'. Raymond _. valent in,, Jx. and Rosette Valentina, husband and wife, anted F<brvary 21. i996, ,ecc-eed it need Bock leas, page 0656. GPM' 1459-90-0680 ALL.THAT certain lot,piece or parcel of land,together with the buildings and improvements thereunto belonging,lying, being and situate In the City of Virginia Beach, Virginia and being designated and described as: "PROPERTY TO BE ACQUIRED FOR RICHT OF-WAY PURPOSES(40,285 S.FJ0.9248 ACRE)' and "RESIDUAL PROPERTY TO BE ACQUIRED 74,360 S.F./I,7071 ACRE)" and further designated and described as "PROPERTY TO BE ACQUIRED FOR RIGHT-OF- WAY PURPOSES 40,285 SQUARE FEET 0.9248 ACRES" and "RESIDUAL AREA TO BE ACQUIRED 74,360 SQUARE FEET 1.7071 ACRES"as shown on that certain plat entitled: "PLAT SHOWING PROPERTY AND EASEMENTS TO BE ACQUIRED FROM MILRWY PROPERTIES,LLC BY THE CITY OF VIRGINIA BEACH FOR BURTON STATION PHASE III CIF NO. 9-091 VIRGINIA BEACH,VIRGINIA," Scale: 1" =30', .i/ dated February 26,2016 and revised through March 31,2016,prepared by Rouse-Sirine Associates,Ltd. .,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Reach,Virginia as Instrument Number 20161026000969410,10 which reference Ls made for a more partieular description. Together with those certain drainage easements designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT "A" TO BE ACQUIRED(8,632 S.FJ0-1982 ACRE)" and "PROPOSED PUBLIC DRAINAGE EASEMENT"B" TO BE ACQUIRED 8,236 S.F./0.1891 ACRE" and further designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT "A" TO BE ACQUIRED 8,632 SQUARE FEET 0,1982 ACRES"and "PROPOSED PUBLIC DRAINAGE EASEMENT 'B" TO DE ACQUIRED 8,236 SQUARE FEET 0.1891 ACRES" as shown on the aforesaid plat for drainage facilities. D-2 • Exhibit D to Proffered Covenants, Restrictions and Conditions Legal Descriot_Qnoflltc C Plumy (cont'd) Together with those certain drainage easements designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT "A" TO BE ACQUIRED(8,632 S.F.f0.1982 ACRE)" and'PROPOSED PUBLIC DRAINAGE EASEMENT "B" TO BE ACQUIRED 8,236 S.F./0.1891 ACRE" and further designated and described as "PROPOSED PUBLIC DRAINAGE EASEMENT "A" TO BE ACQUIRED 8,632 SQUARE FEET 0.1982 ACRES" and "PROPOSED PUBLIC DRAINAGE EASEMENT "B" TO BE ACQUIRED 8,236 SQUARE FEET 0.1891 ACRES" as shown un the aforesaid plat recorded as Instrument Number 20161026000969410 for drainage facilities. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated October 20,2016 trim Milhwy Properties LLC,a Virginia limited liability company,recorded in the aforesaid Clerk's Office on October 28,2016 as Instrument No.20161028000975690, D-3 �� ;� - _ o x' L\ VA apo .� �o \ \, -_v an o lo 4\) 4P: -. .:o.____/,-----., i §4 AO.%'%e °�� A �o °0 pV �� ��* t � �.� foo o�Q �� �o All v,\��° r-'-' -' I . , r4t‘ N ,_________i N,, 411k \,, cl\ * N, Lg) ,%--• g \ , ,..L '4, ` ' ` .r,, . , a e AP \ r.-w T." # — 4. 1 '%14 f� P, ' 44 # S� *7 411/1444, 41, 444, • *fp /SA :1: / ' ''- Z.,e0 4*,, Ce * 1 ei -- .L. i 1%1: t 741 Q O4 ti Z City of Virginia Beach 6i ` Lz i ., ac U[ 0U" NPP14 Y� VBgov.mm WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 In Reply Referto 2401 COURTHOUSE DRIVE P y0060945 VIRGINIA BEACH,VA 234569000 {757)985-4581 AX 439)3855699 July 11, 2017 evNgov20m 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 DHW Joint Ventures, LLC for a conditional change of zoning for property located at 5833 Sandpit Road as well as nearby parcels. The property owners are MILHWY Properties, LLC, the City of Virginia Beach, Carlesta A. Spearman and Ralph B. Saunders II, and J Truck Terminal, Inc. 2. MILHWY Properties, LLC has disclosed that TowneBank is a financial services provider with respect to this transaction. 3. 1 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, 1> William D. Sessoms Mayor WDS/RRI 87 Item—VI-K4 PLANNING ITEM#67220 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, AS PROFFERED, BY CONSENT: Ordinance upon application of C & J INVESTORS, LLC and TRUSTEES OF GRACE COMMUNITY CHURCH, NIANZA EMORY WALLACE, H and CRESSLER LASALLE WALLACE Conditional Change of Zoning from R-10 Residential to PD-H2 with underlying A-12 Apartment District re townhouse dwellings at 1725 and 1733 Salem Road DISTRICT 1—CENTERVILLE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of C & J INVESTORS, LLC and TRUSTEES OF GRACE COMMUNITY CHURCH, NIANZA EMORY WALLACE, H and CRESSLER LASALLE WALLACE Conditional Change of Zoning from R-10 Residential to PD-H2 with underlying A-12 Apartment District re townhouse dwellings at 1725 and 1733 Salem Road (GPINs 1475832693& 1475837614)DISTRICT 1—CENTERVILLE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section /07(7) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, this Eleventh day of July, Two Thousand Seventeen. Voting: 9-1 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John K Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. July 11, 2017 SPGOA B toy CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9816 DATE: June 27, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson $ DEPT: City Attorney RE: Conditional Zoning Application; C & J Investors, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 11, 2017. I have reviewed the subject proffer agreement, dated March 16, 2017 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 C &J INVESTORS, LLC, a Virginia limited liability company RICHARD MOORE, EDWARD L. JONES and PHILLIP WIGGLETON, Trustees of GRACE COMMUNITY CHURCH NIANZA EMORY WALLACE, II and CRESSLER LaSALLE WALLACE TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 16th day of March, 2017, by and between C & J INVESTORS, LLC, a Virginia limited liability company, party of the first part, Grantor; RICHARD MOORE, EDWARD L. JONES and PHILLIP WIGGLETON, TRUSTEES OF GRACE COMMUNITY CHURCH, parties of the second part, Grantor; NIANZA EMORY WALLACE, II and CRESSLER LaSALLE WALLACE, parties of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property containing approximately 4.545 acres located in the Centerville District of the City of Virginia Beach, Virginia, which is designated "PARCEL 1" and described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the parties of the third part are the owners of that certain parcel of property containing approximately 0.777 acres located in the Centerville District of the City of Virginia Beach, Virginia, which is designated "PARCEL 2" and described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel long with PARCEL I are together hereinafter referred to herein as the"Property"; and G PI N: 1475-83-2693-0000 1475-83-7614-0000 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 WHEREAS, the party of first part as the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-io Residential District to Conditional PDH-2 District with an underlying A-12 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 that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's 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 PDH-2 Zoning District and the A-12 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 conditions have a reasonable relation to the rezoning and the need for which are generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. When the Property is developed, it shall be as a residential condominium containing no more than thirty-three (33) units, each with a one(1) or two (2) car garage, no less than thirty percent (30%) Open Space [exclusive of the depicted stormwater management pond] and landscaped in substantial conformity with the exhibit titled "CONCEPTUAL SITE LAYOUT PLAN OF NORTH LANDING VILLAS VIRGINIA BEACH, VIRGINIA", dated 03/08/17 r, prepared by MSA, P.C. (the "Concept Plan") a copy of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs and exterior building materials depicted on the eight (8) exhibits designated "NORTH LANDING VILLAS", SALEM ROAD FOUR UNIT SIDE ELEVATIONS, SALEM ROAD FOUR UNIT REAR ELEVATIONS, FOUR UNIT FRONT ELEVATIONS, FOUR UNIT SIDE ELEVATIONS, FOUR UNIT REAR ELEVATIONS, FIVE UNIT FRONT ELEVATIONS, FIVE UNIT SIDE ELEVATIONS and FIVE UNIT REAR ELEVATIONS, dated 3/17/17(r) and 3/17/17, prepared by JLS Contractor Services (the "Elevations"), and the four (4) exhibits designated "RENDERING NORTH LANDING VILLAS TOWNHOMES", dated 03.17.17, prepared for Beach Building Group, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. When the Property is developed, the depicted "Tot Lot" shall include age appropriate playground equipment for youth under the age of ten (10) years old costing not less than Five Thousand and 00/100 Dollars ($5,000.00), which shall be reviewed and approved by the Director of the Department of Planning or his designee during Site Plan review. 4. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Declaration shall preclude the addition of any impervious surfaces within the fenced rear yards of units numbered 1 through 14 on the Concept Plan, with the exception of individual patios not exceeding 150 square feet. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, tot lot, landscaping and other improvements on the Property as depicted on the Conceptual Plan. 5. The dimensional requirements applicable to North Landing Villas shall be as follows: 3 • Minimum setback for an enclosed building from Salem Road 3o feet • Minimum rear yard setback from adjacent property 20 feet • Minimum side yard setback from adjacent property 15 feet • Minimum distance from front of dwelling to front of curb 20.5 feet • Minimum distance from side of dwelling to front of curb on interior street 3.6 feet • Minimum distance between residential buildings side to side io feet • Maximum building height 35 feet • Maximum fence height for interior unit/yard vinyl clad, privacy fences for all units 6 feet 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, guest parking and driveways are open spaces which shall be utilized as such. MI Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 9. 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, 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 4 Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors further covenant and agree that: 0) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: C & J Investors, LLC, a Virginia limited liability company /7 � By: - // ����/9o- ,rte (SEAL) Chris opher D. McCutcheon, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 17th day of March, 2019, by Christopher D. McCutcheon, Manager of C& J Investors, LLC, a Virginia limited liability company, Grantor. —7// 6�� Notary Public PP Ha40 My Commission Expires: August 31, 2018 SFF O'•. Notary Registration Number: 192628141* 8 r- `� . 6 WITNESS the following signature and seal: Grantor: Grace Community Church By: tidal f•al (SEAL) Richard Moore,Trustee (SEAL) By: Edwar L.Jones, stee By:_ LSA (SEAL) Phillip Cat_ •,.,...a u.•. • ` fUE IS.°°°°°°°°°° Zee1:"PY PUB rysp�: STATE OF VIRGINIA = 3:'0 '9<,:•. .t. • CITY OF vI aIp b C.I% ,to-wit: : i= My ; a �1 �O : CONUMBERRN : n, :2 The foregoing instrument was acknowledged before me this tV f••day of "�'y4.y�� 7559769 •� ' %,,""O'...... . .•n Ste,: 2017,by Richard Moore,Trustee of Grace Community Church, Grantor. ,•.."I AC . .. ...........••• otary Public My Commission Expires: 11/4Javarisafria0 YO 17 ••..wu.... Notary Registration Number: les074� •••y.fMRIE SpF`,• STATE OF VIRGINIA = MY •O. Z CITY OF : COMMISSION : Yt(.n.6 BM.Gt•• ,to-wit: 1 °° t NUMBER (e C s�.'. 75&749 S Cr The foregoing instrument was acknowledged before me this IQ day of�y,e�o e''�••r. . ••'SQ,`� 2017,by Edward L. Jones,Trustee of Grace Community Church, Grantor. �1/4J �rAtm t ••..' .nu.aa Notary Public My Commission Expires:_ NHO, 1617 Notary Registration Number: 'IY8 p'(1(Q 7 STATE OF VIRGINIA CITY OF t'wa,-.,s IS€0 cll ,to-wit: ow;, y .����ppp.kpRlp .4g The foregoing instrument was acknowledged before me this (gN'day o_f•'�<r tea;;;•P 2017,by Phillip Wiggleton,Trustee of Grace Community Church,Grantor. fly,4 to% = MY otz ' Si COMMISSION ' I O NUMBER 1 C J 1/21 .. •'•._Ma4M, Ak.. t.. - 75©709 S$ Notary Public re•i gLTH OF,\pt`• My Commission Expires: N11 tr 30,>01i ,*********„ Notary Registration Number: 151)(31 4 9 8 WITNESS the following signature and seal: Grantor: e� (SEAL) larva Emory Wallace, II STATE OF VIRGINIA ,/ CITY/CO�3te'OF V t 2G I43 W Ola C40-WIT: The foregoing instrument was acknowledged before me this I vt day of Meld 2017,by Nianza Emory Wallace, III,, Grantor. Notary Public I = Cel O ��^ F� h My Commission Expires: )2/5{� AD :y o1.g'¢eD, :5_ Notary Registration Number:_ I 45 95 9 c 2 y5 04 9 WITNESS the following signature and seal: Grantor: eAti JL*' 2...clar.,Act,_ (SEAL) Cressler LaSalle Wallace STATE OF VIRGINIA CITY/COU? OF V Y Y2O J )0.- P.CR,to-wit: The foregoing instrument was acknowledged before me this I a day of,PRI q.. 2017,by Cressler LaSalle Wallace, �GraaQnto�r. awuno•r,,.. • Notary Publicsi esP LIC My Commission Expires: I�86/ °? ,• w" y�� •'> Notary Registration Number:_ = Q F�Fm�yn 0 `o 02'J � j tit 'fi COMM<)N"' 10 EXHIBIT "A" PARCEL I: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and appurtenances thereunto belonging,lying, situate and being in the City of Virginia Beach, Virginia, as shown on a certain plat entitled"4.7177 acres field,'4.36 acres by plat'as shown on Physical Survey of Property for Grace Brethren Church', made by John E. Shine and Associates, Ltd., dated December 23, 1985, and which plat is attached hereto and incorporated herein and reference to which is hereby made for a more particular description thereof, and also being shown on a certain plat entitled,`Physical Survey of Property sold to Chas.F. Martin by Ella F.Wilbur,widow, situated on the west side of Salem Road about one (1)mile south of Princess Anne Court House Road, containing 4.36 acres", made by Geo. H. Stuart, C.E., Norfolk,VA,April 24, 1936, and which plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book io,at Page 70. LESS AND EXCEPT that 0.064 acre portion conveyed to the City of Virginia Beach, Virginia, for widening Salem Road by Deed dated December 17, 1986, recorded in the above referenced Clerk's Office in Deed Book 2629, at Page 2172, as further depicted on the plat recorded in Deed Book 2622,at Page 226. GPIN: 1475-83-2693-0000 PARCEL 2: ALL THAT certain tract, piece or parcel of land, situate, lying and being in Kempsville Magisterial District, Princess Anne County,Virginia (now referred to as City of Virginia Beach, Virginia), on the Salem Road, and described according to a plat and survey made by S. M. Simpson,County Surveyor,February 9, 1929,as follows: BEGINNING at a point on Public Road known as the Salem Road leading to Kempsville, a point distant 213 feet from the intersection of said above mentioned road and a county ditch; thence South 20° 30 minutes East 15o feet; thence South 72°West between parallel lines 250 feet;said parcel being adjacent to parcel marked"W.F.Wilbur"on said plat. LESS AND EXCEPT that 0.087 acre portion conveyed to the City of Virginia Beach,Virginia, by Deed dated February 3, 1998 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 3887,at Page 2116. GPIN: 1475-83-7614-0000 H:\AM\Conditional Rezoning\C&J Investors\Proffer Agreement clean 3-27-17.doe 11 _ •A , '�' , „, _ _. 4,. . La ... N CI , ro T ,L0 • oaf' _ - viv4s N , sz ,1 , . 00 . _____,..). ., .ir,, ,__ __ = • 4a r16a Ib • N 94 Cis i , Et >t ,r 0 41 o' CeE Ce A in \h— t * O Tr imi 6Q % ..i-.''rte .,t 88 Item—V1-105 PLANNING ITEM#67221 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of INFOTEC, LLC and THE RUNNYMEDE CORPORATION Conditional Use Permit re Business and Vocational School at 100 Constitution Drive DISTRICT 5—LYNNHAYEN IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of INFOTEC, LLC and THE RUNNYMEDE CORPORATION Conditional Use Permit re Business and Vocational School at 100 Constitution Drive (GPIN 1477633810)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. The Vocational School shall operate from the existing two-story building depicted on the submitted Site Layout entitled, "ALTA/ACSM LAND TITLE SURVEY OF LOTS 70-73 & THE EASTERN PORTION OF LOT 69 PART OF THE PORTER SHELDON FARM (MB 5, PG 46) FOR 100 CONSTITUTION DRIVE ASSOCIATES, L.L.C.," dated January 14, 2015, and prepared by MSA, P.C. 2. Any additional signage onsite shall meet the requirements of the City Zoning Ordinance (CZO). There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate Sign Permit from the Planning Department shall be required for the installation of any signage. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, this Eleventh day of July, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Al. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July 11, 2017 % , t ( 1 t r ,__, L,/ -_-7 ,.,__, ecz> 4( . 3 ts' I c F 4,t,„. \\ a zpca r7 / n iL -n)9), 4PI i J L. .5 , IP eA l.1a- else1 M r . L. 1 ; fp _IL_ rigc ?n!aa ue!igseo ____I 1_ r 1 i 4,_ r---n—i — n r 1:2, _FL_ n i_r-L___ l - ` �r` � e -\\ 0 N> .--r-/t... „..• . s-1._ r-- L ;anon uogsri /o ____.„,_.\\ r N .11% .i:> ; --- - * - --------- -r .-- f * ,------------4vastitutiorr Drive" u- a ---:\ rI. AAP Q 73 ,- -- -,---rL,_r-r- \illi I Nina Drive03 m z � Q i la City of Viririia Beach 2 9Prs ceJ .6-OF OUR NPi\O� VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 234559000 (757)385-4581 In Reply Refer to 0060941 FAX(757)385-5699 wsessOms®.eao..com July 11, 2017 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, 1 make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Infotec, LLC for a conditional use permit for property located at 100 Constitution Drive and owned by The Runnymede Corporation. 2. The property owner has disclosed that TowneBank is a financial services provider with respect to the land that is the subject of this transaction. 3. 1 have a personal interest in TowneBank, which is located at 600 22' 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, 4fti "%� William D. Sessoms Mayor WDS/RRI 89 Item—VI-K.6 PLANNING ITEM#67222 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Ordinance to AMEND the City Zoning Ordinance (CZO) re Sections 111, 207, 232, 310 (Preservation District), 401(Agricultural Districts), 501 (Residential Districts), 601 (Apartment Districts), 701 (Hotel District), 801(Office Districts), 901 (Business Districts), 1001(Industrial Districts), 1501 (RT-1 Resort Tourist District), 1521 (RT-3 Resort Tourist District), 2203 (Central Business Core District), and the Oceanfront Resort District Form-based Code Sections 5.2 and 5.3.17 re Small Wireless facilities, and definitions, requirements and uses 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, this Eleventh day of July, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July 11, 2017 1 AN ORDINANCE TO AMEND SECTIONS 111, 207, 232, 2 310(PRESERVATION DISTRICT), 401(AGRICULTURAL 3 DISTRICTS), 501(RESIDENTIAL DISTRICTS), 4 601(APARTMENT DISTRICTS), 701(HOTEL DISTRICT), 5 801(OFFICE DISTRICTS), 901(BUSINESS DISTRICTS), 6 1001(INDUSTRIAL DISTRICTS), 1501(RT-1 RESORT 7 TOURIST DISTRICT), 1521 (RT-3 RESORT TOURIST 8 DISTRICT), 2203(CENTRAL BUSINESS CORE DISTRICT) 9 OF THE CITY ZONING ORDINANCE, AND THE 10 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 11 SECTIONS 5.2 AND 5.3.17 PERTAINING TO SMALL 12 WIRELESS FACILITIES AND DEFINITIONS, 13 REQUIREMENTS AND USES 14 15 Sections Amended: §§ 111, 207, 232, 301, 401, 501, 601, 16 701, 801, 901, 1001, 1501, 1521, and 2203 of the City 17 Zoning Ordinance 18 19 Sections Amended: §§ 5.2 and 5.3.17 of the Oceanfront 20 Resort District Form-Based Code 21 22 WHEREAS, the public necessity, convenience, general welfare and good zoning 23 practice so require; 24 25 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 26 VIRGINIA: 27 28 That sections 111, 207, 232, 301, 401, 501, 601, 701, 801, 901, 1001, 1501, 1521, 29 and 2203 of the City Zoning Ordinance and sections 5.2 and 5.3.17 of the Oceanfront 30 Resort District Form-Based Code are hereby amended and reordained to read as follows: 31 32 Sec. 111. Definitions. 33 34 Small wireless facility. - - 41 e : : • - - : : - • : •. -_:_. Small wireless facility means a 43 wireless facility that meets both of the following qualifications: (i) each antenna is located 44 inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an 45 antenna that has exposed elements, the antenna and all of its exposed elements could fit 46 within an imaginary enclosure of no more than six (6) cubic feet and (ii) all other wireless 47 equipment associated with the facility has a cumulative volume of no more than twenty- 48 eight (28) cubic feet. 49 50 Sec. 207. Building-mounted antennas, small wireless facilities and temporary 51 communication towers. 52 53 54 55 (b) The following provisions shall apply to small wireless facilities placed on an 56 existing structure, other than those located on public rights-of-way or other public 57 property or in the interior of a building, in all districts in which they are permitted:; 59 60 (1) Application requirements. Applications for small wireless facilities may 61 encompass multiple sites up to thirty-five (35) on a single application, 62 provided that all such sites are located within a single, discrete area of 63 the City. Applications shall include: (i) a plan showing the proposed 64 location by Geographic Parcel Identification Number (GPIN) of each 65 small wireless facility, and a diagram or other suitable representation of 66 the proposed location of each such facility on a building or structure, 67 showing the dimensions of each facility, its height from ground level and 68 the type of building or structure on which each such facility is to be 69 affixed; (ii) photographs or accurate renderings, including correct colors 70 and exact dimensions, of each type of proposed small wireless facility; 71 (iii) a statement signed by a professional engineer licensed in the 72 Commonwealth of Virginia the proposed facilities comply with all 73 applicable Federal Communications Commission regulations, including, 74 without limitation, regulations pertaining to the emission of radio 75 frequency radiation; and (iv) such additional information as the planning 76 director may reasonably require in order to determine whether the 77 requirements of this section are met. 78 79 (2) Such facilities chall should be substantially concealed from view by 80 means of painting or tinting to match the surface of the building or other 81 structure to which they are affixed or by other suitable method, such as 82 by flush-mounting or integration into the design elements of the building 83 or structure. 84 85 (3) 86 : -- :: - - _ :'• •e < : - - _ 87 88 five (25)foot. 89 90 (4) Electrical power and battery backup cabinets shall, to the extent 91 practicable, be roof-mounted or otherwise located so as to not be visible 92 from a public street or, where not practicable, such equipment chall 2 93 should be appropriately screened by landscaping or other means 94 minimizing visibility from a public street. 95 96 (5) Minimum height of antennas, if affixed to a building or other vertical 97 structure shall be ten (10) feet. 98 99 (6) 100 - : • . • -: • -'•'• : . . .• - :. Any 101 small wireless facility that is not in use for a period of one (1) year shall 102 be removed within ninety (90) days after notification by the planning 103 director. If not so removed, the city may contract for its removal and 104 charge the cost thereof to the owner of the small wireless facility. 105 106 Sec. 232. Communication towers; building-mounted antennas; small wireless 107 facilities. 108 109 110 111. (k) - •• - : :.. - '-- - • : :•• :: - - Temporary communication towers not 112 meeting the requirements of Section 207 may be allowed as conditional uses where so 113 provided by the regulations of the district in which they are located. Small wireless 114 facilities not placed on existing structures may be allowed as conditional uses where 115 so provided by the regulations of the district in which they are located. 116 117 118 Sec. 301. Use regulations. 119 120 (a) Principal and conditional uses. The following chart lists those uses permitted 121 within the P-1 Preservation District. Those uses and structures shall be 122 permitted as either principal uses indicated by a "P" or as conditional uses 123 indicated by a "C." No uses or structures other than as specified shall be 124 permitted. 125 Use P 1 Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities : • - • - • - •• -- '• : • - :: .. - •• - • - - . ':• ! not placed on existing structures 3 126 127 Sec. 401. - Use regulations. 128 129 (a) Principal and conditional uses. The following chart lists those uses permitted within 130 the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective 131 agricultural districts shall be permitted as either principal uses indicated by a "P" or as 132 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 133 prohibited in the respective districts. No uses or structures other than as specified shall be 134 permitted. 135 Use AG-1 AG-2 Small wireless facilities meeting the requirements of Section 207 P P Small wireless facilities e •_ - - -- . • • ° •• • - ° C C Lection 207 not placed on existing structures 136 137 Sec. 501. - Use regulations. 138 139 (a) Principal and conditional uses. The following chart lists those uses permitted within 140 the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective 141 residential districts shall be permitted as either principal uses indicated by a "P" or as 142 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 143 prohibited in the respective districts. No uses or structures other than as specified shall be 144 permitted. 145 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 PPXXX X X X X X 4 duplex Small wireless facilities othor t~ con tho^ '�^co placed on existing structures-except en CCCXX X X X X X duplex 146 147 Sec. 601. - Use regulations. 148 149 (a) Principal and conditional uses. The following chart lists those uses permitted within 150 the A-12 through A-36 Apartment Districts. Those uses and structures in the respective 151 apartment districts shall be permitted as either principal uses indicated by a "P" or as 152 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 153 prohibited in the respective districts. No uses or structures other than as specified shall be 154 permitted. 155 Use A-12 A-18 A-24 A-36 C C C C Small wireless facilities meeting the requirements of Section 207 P P P P Small wireless facilities C C C C fequifemegts-ef-Sestion-2,07 not placed on existing structures C C C C 156 157 Sec. 701. - Use regulations. 158 159 (a) Principal and conditional uses. The following chart lists those uses permitted within 160 the H-1 Hotel District. Those uses and structures in the district shall be permitted as either 161 principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and 162 structures indicated by an "X" shall be prohibited in the district. No uses or structures other 163 than as specified shall be permitted. 164 Use H-1 5 Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities = • •• e -• - = - : not placed on existing structures 165 166 Sec. 801. - Use regulations. 167 168 (a) Principal and conditional uses. The following chart lists those uses permitted within 169 the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office districts 170 shall be permitted as either principal uses indicated by a "P" or as conditional uses 171 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the 172 respective districts. No uses or structures other than as specified shall be permitted. 173 Use 01 02 Small wireless facilities meeting the requirements of Section 207 P P Small wireless facilities - •- • •• - - • - -• = • not placed on existing structures C C 174 175 Sec. 901. - Use regulations. 176 177 (a) Principal and conditional uses. The following chart lists those uses permitted within 178 the B-1 through B-4K Business Districts. Those uses and structures in the respective 179 business districts shall be permitted as either principal uses indicated by a "P" or as 180 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 181 prohibited in the respective districts. No uses or structures other than as specified shall be 182 permitted. 183 Use B-1 B-1A B-2 B-3 B-4 B-4C B-4K 6 Small wireless facilities meeting the requirements PPPPPP P of Section 207 Small wireless facilities othor-than-these-meeting • - -- - - •• - • - _ _. • ! not placed on CCCCCC C existing structures 184 185 Sec. 1001. - Use regulations. 186 187 (a) Principal and conditional uses. The following chart lists those uses permitted within 188 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial 189 districts shall be permitted as either principal uses indicated by a "P" or as conditional uses 190 indicated by a "C." Uses and structures indicated by an "X' shall be prohibited in the 191 respective districts. No uses or structures other than as specified shall be permitted. 192 Use I-1 1-2 Small wireless facilities meeting the requirements of Section 207 P P Small wireless facilities . • : - - -e-_ ••:: '• - - - ' - •• - • - C C 207 not placed on existing structures 193 194 Sec. 1501. - Use regulations. 195 196 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist District 197 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." 198 Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et 199 seq.). No uses or structures other than those specified shall be permitted. All uses, 200 whether principal or conditional, should to the greatest extent possible adhere to the 201 provisions of the Oceanfront Resort Area Design Guidelines. 202 7 Use RT-1 Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities = • - • •_ - • - ' _ •• : • - - = • ! not placed on existing structures 203 204 Sec. 1521. - Use regulations. 205 206 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 207 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." 208 Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et 209 seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings 210 within the RT-3 District may include any principal or conditional uses in combination with 211 any other principal or conditional use. No uses or structures other than those specified 212 shall be permitted. All uses, whether principal or conditional, should to the greatest extent 213 possible adhere to the provisions of the Special Area Design Guidelines (Urban Areas) set 214 forth in the Reference Handbook of the Comprehensive Plan. 215 RT- Use 3 Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities : • : • -• - •• - - '•• • - - ••- • • - - ': • e C not placed on existing structures 216 217 Sec. 2203. - Use regulations. 218 219 (a) The following chart lists those uses permitted within the Central Business Core 220 District. Uses and structures shall be allowed either as principal uses, indicated by a 'P", 221 or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" shall be 222 prohibited, unless allowed by special exception for Alternative Compliance pursuant to 8 223 Section 2205. No uses or structures other than as specified herein or as allowed pursuant 224 to subsection (b) shall be permitted. 225 District • Use CBC • • • Small wireless facilities meeting the requirements of Section 207 P Small wireless facilities . • - • • - - e - 207 not placed on existing structures 226 227 OCEAN FRONT RESORT DISTRICT FORM-BASED CODE 228 229 Sec. 5.2 Permitted Use Table 230 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard I USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes OTHER Public utilities,public utility -- See Sec.5.3.14 storage,maintenance li Small wireless facility L L L L L L L See Sec. 207 and 5.3.17 Wind energy conversion -- li L L L L L L L See Sec.5.3.15 systems 231 232 5.3.17 Small Wireless Facility 233 234 Small wireless facilities meeting the requirements of Section 207 are allowed as principal 235 uses, and small wireless facilities •e -: - - • _ _ -_ _ - e not placed 236 on existing structure are allowed as conditional uses, on the building types designated in 237 Section 5.2 or on utility poles other than those in the public right-of-way unless allowed 238 pursuant to franchise or license agreement. , _ . _ _ _ . . • - _ • _ 239 family dwollin r duplox 240 241 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of 242 July , 2017. 9 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: =arty - .nken el• Kay ilson Planning Department / City Attorne% Office CA14061 R-4 June 1, 2017 10 90 Item—VI-K.7 PLANNING ITEM#67223 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Ordinance to AMEND Section 103 of the City Zoning Ordinance (CZO) re notices to property owners of Appeals to the Board of Zoning Appeals 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, this Eleventh day of July, Two Thousand Seventeen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. July 11, 2017 1 AN ORDINANCE TO AMEND SECTION 103 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NOTICE TO PROPERTY 4 OWNERS OF APPEALS TO THE BOARD OF 5 ZONING APPEALS 6 7 Section Amended: § 103 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 103 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 103. - Administration. 20 21 (a) The zoning administrator shall have all necessary authority on behalf of the city 22 council to administer and enforce this ordinance, including the ordering in writing of the 23 remedying of any condition found in violation of this ordinance, and the bringing of legal 24 action to ensure compliance with this ordinance, including injunction, abatement or 25 other appropriate action or proceeding authorized by this ordinance or the laws of this 26 state. 27 28 29 30 (I) The zoning administrator shall provide written notice to the owner of any real 31 property that is the subject of a request for a written order, requirement, decision, or 32 determination of the zoning administrator. Such notice shall be given by the zoning 33 administrator or by the applicant on forms provided by the zoning administrator within 34 ten (10) days of the date of the request. - - - • • • - 36 : .: -e • - -. . - : • . : :: .' :••: • . The appeal period for such order 37 requirement, decision or determination shall not commence until the notice is sent by 38 registered mail to, or posted at, the last known address or usual place of abode of the 39 property owner or its registered agent, if any. There is a rebuttable presumption that the 40 property owners last known address is that shown on the current real estate tax 41 assessment records, or the address of a registered agent that is shown in the records of 42 the Clerk of the State Corporation Commission. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of July , 2017. APPROVED/ROAS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �� b.gP ..).4 , :any ankenfiel: 4 B. Kay Wilson Planning Departm- • City Attorney's Office CA14049 R-1 May 2, 2017 91 ITEM VI-L APPOINTMENTS ITEM#67224 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC July 11, 2017 92 Item -VI-0 ADJOURNMENT ITEM#67225 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:12 P.M. Mit(IA Amanita Finley- arnes, MC Louis R.Jones Chief Deputy City Clerk Vice Mayor Ru�Hodges Fraser, MMC William D. Sessoms, Jr. ity Clerk Mayor City of Virginia Beach Virginia July 11, 2017