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Home My WebLink AboutJULY 18, 2017 MINUTES ee b�ji (I. `GI OUR M^"' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 18, 2017 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the HUMAN RIGHTS COMMISSION—Annual Report in the City Council Conference Room, Tuesday, July 18, 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 CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION— Annual Report ITEM#67226 3:30 P.M. Mayor Sessoms welcomed Raj Islam, Chairman —Human Rights Commission. Mr. Islam expressed his appreciation to City Council for their continued support: efa ANNUAL REPORT s _. TO CITY COUNCILyY JULY 18,20,7 74. •tis •t FISCAL YEAR 2017 Below is the Mission of the Commission: — MISSION The Virginia Beach Human Rights Commission exists to advocate for the human rights of residents in the City of Virginia Beach. The objectives of the Commission arc: • To institute,conduct and engage in educational and informational programs for the promotion of mutual understanding and respect among citizens and the fulfillment of human rights. • to sear as a forum for discussion of human rights issues,to conduct studies and to propose solutions for the improvement of human relations in the City. • To provide assistance to persons who believe their rights have been violated by identifying the appropriate federal,state or local agency to address the complaint and referring such persons to that agency. July 18, 2017 3 CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION— Annual Report ITEM#67226 (Continued) The Commission,for the fourth year,participated in Homelessness Awareness Week: HOMELESSNESS fili AWARENESS WEEK • Members of the I IRC attended the Annual National Homelessness Memorial Day Candle Light Vigil on December 21 at 7 p.m.at the Lighthouse Center. • Donated food and clothing items(cotton socks,scarves,hats and gloves)were collected and distributed to people struggling with homelessness. EIQ M _ . eN . iiiiiiIMA': r''- - 1:,,ill )."' \ ' . Four(4) initial goals were developed and HRC has reached tangible results on the following: BUILDING BRIDGES rFour Initial Goals were developed .f • Addressing transparency'through a data collection system t • Increasing minontc representation in law enforcement professi•.e• a r • Implementing community/police mediation program • Improving community/police relations �r i. f \ 4 • • July 18, 2017 4 CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION— Annual Report ITEM#67226 (Continued) The HRC provided the letters below to City Council: Ar LETTERS TO CITY COUNCIL : Letter to City Council highlighting the need for diversity on the Circuit Court bench til and asking Council to carry the I IRC's concerns to the General Assembly. Letter to City Council emphasizing the HRC's continued support of the Lets Open Door program. • Letter to City Council urging them to conduct an inclusive disparity study for the City of Virginia Beach. Ileur111 Letter to City Council in support of the dedication of Virginia Beach Boulevard in �••. honor of Martin Luther King lr. • • Letter to City Council m support of the Virginia Beach Police Department kir their acts 'i of sentees provided everyday to the citizens and v niton of V'irgmu Beach. • • The HRC also wrote several letters to other organizations and individuals, including an Op-Ed to The Virginian-Pilot: 't OTHER LETTERS AND ARTICLES • • `` The Commission was made aware of concerns surrounding the Cox High School GSA assembly and sent a letter expressing their support for Cox's GSA and all VBCPS GSA Clubs. ...ii:inr..r r The I IRC co-wrote an editorial piece to The Virginian Pilot,which highlighted the ilit.� I need for continuous action in response to hate,prejudice and injustice. Letter to Sheni Stolle in response to ho request for a legal opinion from the City attorney, yj` in regards to the Sheriff's obligation to provide mental health services. �, Letter to Dr.Aaron Spence,Superintendent of VBCPS,requesting a designated /j Ii —trit VBCPS raison to the HRC July 18, 2017 5 CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION— Annual Report ITEM#67226 (Continued) The Commission hosted the 23rd Annual Awards Program: 23"ANNUAL HUMAN RIGHTS I� 3AWARDS CEREMONY Ftt. * , ' 4. ; irc ,.....,. .\._\ ori hla ii, , . ?., , „ loll 0 , .. ________ HRC Members participated in a "walk through review"at the Virginia Beach Jail, volunteered at the Oceanfront during the College Beach Weekend and other key holidays: ANCILLARY DUTIES i • g1 r'' HRC Commissioners toured Mental . a"� �", ( -� .. J Health facilities at the Virginia Beach jail to do a"walk through review"of 1!,,services and atmosphere. of r • n*",w. \ minekCollege Beach Weekend or Week 17 "1 April 28-April 30 i `► ..j" 'dui i WIN Fourth of July,Labor Day, Memorial Day and throughout the tourist season Mii.....4 July 18, 2017 6 CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION— Annual Report ITEM#67226 (Continued) The HRC has joined in Community Partnerships: 0� COMMUNITY PARTNERSHIPS X -8M 1, ■ ■ VBPD Humanitarian Ribbon:Cr(nest li ld adopted In May 2017 The HRC has a strong partnership with the LGBTQ community and Bampton iii4r. Roads Pride. T• FORUM111 e—r ■]J. 41. •,rel 6-=-°`— 1 A.L h.?Int 3.2117,(a y Rnrri.i\ an 76res.Sunk)Rpp rn, \CR()till shim t luwittwith Cathy law s.to&aus<inlmy!nnon in I lampton Ro,.! One of the objectives of the HRC is to provide assistance to persons who believe their rights have been ' violated. The Commission accomplishes this by identifying the appropriate federal, state or local agency that can address any complaint and by referring the Complainer to the appropriate agency. This Chart is a breakdown of the twenty(20)inquiries the HRC received in the last fiscal year: ' /�� HUMAN RIGHTS INQUIRIES N 110 •Employment Public Ac commodat,ons •Other nininonue.lrh Arrnr l 4nr 11mn Ilu.iae..I+urc.0 of Smr...i. Ilua+mR..d f�r.RhM1orhwW Yn.n.ovm Aae.a.a li.unad.M Iluman IARhr+ lnrd Ilum.n 4r.iac+ RrGrrW. li .bdm Irw i,... Mtr^ Ilum.n R..ounr. Rrfr,.th IRY fedrr4 l:i.me; l.q4 Aid titin,d rm.,.vi/Rini. Aaean 1',IkNocncyttof l.hor Pmfr.,iond v.nd+rd•Office 51150 RefenW. VRP11 July 18, 2017 7 CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION— Annual Report ITEM#67226 (Continued) Members of the Human Rights Commission attend, organize and participate in numerous events throughout the year, including: COMMUNITY EVENTS -< s Ott% f 0 Mayor Sessoms thanked Council Lady Kane and Councilman Dyer for their Council Liaison leadership as well as Mr. Islam and the entire Commission for addressing those important issues in the City. July 18, 2017 8 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 3:44P.M. Mayor Sessoms welcomed Barry Frankenfield, Director — Planning. Mr. Frankenfield expressed his appreciation to City Council for their continued support: City oJ' Virginia Beach Transition Area Briefing June 1, 201 7 TA/ITA Committee Briefing July 12, 2017 Planning Commission Meeting July 18, 2017 City Council Briefing 4001111111k......... This presentation was given to the TA/ITA Committee on June ls`and Planning Commission on July 12`t'. The TA/ITA was established by City Council in 2013: ' Virginia Beach Transition Area / Interfacility Traffic Area (TA/ITA) Citizens Advisory Committee Established by City Council in 2013 to: • Advise City Council concerning the Comprehensive Plan • Aid in communications between residents,businesses and City Council • Monitor implementation of public projects and plans and report progress to City Council r 2 July 18, 2017 9 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) Below is the list of the Committee Members: VI3Virginia Beach TA/ITA Citizens Advisory Committee Members Linwood Branch,Chair Dawn Flora Barbara M. Henley, Ex-Officio Lisa Hartman Dr. Karen B. Kwasny, Ex-Officio Jim Fox Dr.William Brown Diana Hicks John W.Cromwell Bill Sawyer Joseph W. Edwards Robert W.White,Jr. Virginia Beach Transition Area Workshop Presenters June 1, 2017 David E.Trimmer,Director,Department of Agriculture Jenny McPherson,Department of Agriculture Stephen J.White,Department of Planning&Community Development Nancy E.McIntyre,Department of Planning&Community Development C.J.Bodnar,Department of Public Works Phil Pullen,Department of Public Works Peter Pommerenk,Department of Public Utilities July 18, 2017 10 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) This is the History of the Transition Area dating back to 1979. One unit per acre of developable land with 50%Open Space has endured since 1979: History of the Transition Area 1979 Comprehensive Planreferred s> • Introduces a land use policy for a gradual R- decrease in density from current Dam Neck Road southward. /• AV /-. • South of Princess Anne and Sandbridge A Roads,density limited to 1 dwelling unit per acre or less with rural land uses. `, �.� • The 1979 Plan does not use the phrase y*� 'Green Line.' • Between the 1979 and 1985 Plans,the line o`""""""'"'" i.ns.a,war+: dividing the'yellow'and'green'areas onMe o." the Land Use Map was increasingly referred - to as the"Green Line." _R•w* Initially there were three (3) Transition Areas and combined in 1991 into one(1) Transition Area: History of the Transition Area YY M 1985 Comprehensive Plan • Formal establishment of the Green Line 'ie r r 1 991 Comprehensive Plan Ai"1 04014 • Formal establishment of the Transition p Area-key concept: development had to v�'e pay its way" ``.� % 1\ Center • First,Transition Area I,then,Transition Areas II,&Ill u.,,.ww,Ar••n , y 11. T,•n.mo"Aro.m • Eventually,combined to one Transition Area July 18, 2017 11 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) History of the Transition Area 1 997 Comprehensive Plan Transition Area Policy is best summed up as ensuring that the tax revenue generated by the development pays for the services and capital improvements needed(or the developer pays for those capital improvements). • The Matrix,which evaluates a proposed development against land use guidance taken from the Comprehensive Plan,is established. • The maximum density permitted is 1 unit/acre of developable land with 50% open space 2003 & 2009 Comprehensive Plan • 2005 BRAC amendments created the Intertraffic Facility Area(ITA). • Design Guidelines were introduced for the first time,and the Matrix was made more significant as a result. • History of the Transition Area 2009 Comprehensive Plan & 201 1 ITA& Vicinity Master Plan • ITA is separated from the Transition Area and is provided with a separate plan as well as land use recommendations and policies • Most of ITA and all of Rock Church were acquired in the past few year 201 5 Transition Area Amendments & 2016 Comprehensive Plan • Transition Area policies are reviewed by ITA/TA Citizen Advisory Committee and Staff • New policies and enhanced Design Guidelines,including new Evaluation Matrix(enhanced and easier to use) e July 18, 2017 12 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) The map depicts the Transition Area, ITA and Princess Anne: Transition Area, ITA, Princess Anne • A Ow.Pp..meGM, to • . •u,.,.wo. ' � rr•: . O...way,,.k 4.0 0114 Iliki%it - 41111. . ‘< li *Sig Tr sitlen raa I The Agricultural Reserve Program (ARP)has been instrumental in the Transition Area: Agricultural Reserve Program (ARP) • ARP was approved in 1995; first acquisition in 1997 • Original eligibility area was south of Indian River Road and in the eastern section of Transition Area • Development potential determined by soil type, etc. • December 2004,Council referred an amendment to Comprehensive Plan to encourage ARP in entire Transition Area • February 2005, Planning Commission and Council approved expansion of ARP in entire Transition Area July 18, 2017 13 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) Agricultural Reserve Program • Based on current land uses (agriculture and timber), staff identified 17 properties that might be eligible, approximately 605 acres • FY 1 7-1 8 Budget ARP funding of 0.34 cents to be used in the TA Currently, 605 acres are available for ARP in the Transition Area: ARP in Transition Area Logend a Q rn,me�.w.eo..�-„ 011"1111'1.:1.1 LIM N.ft..Ale•Propores ^! * Pol.nb.l l��a?, 4 •40/ R 'J Fade. 1 v Potential ARP Properties:605 acres 1 July 18, 2017 14 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) Water and Sewer Lines do not cross Indian River/ Newbridge Roads, which changes how the City develops that land: Public Utilities • Want and Sawa,S•Mca Boundary 13 Public Utilities • Indian River and New Bridge Road = Boundary for public water& sewer service • Extension of public services in Transition Area: • As logical part of a coordinated, integrated system • Through private development constructed to PU Standards • Offered for dedication to the City • Potential cost-participation where a public benefit exists July 18, 2017 15 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) The Transition Area has two (2)Public Works Roadways CIPs—Princess Anne Road Phase VII and Indian River/Princess Anne Road Intersection Improvements: Public Works/Roadway CIPs 1 rr.xnvwr. •r -•.r rww.ww _ ,‘, a IS OA Here is an overview of Indian River Road/Princess Anne Road Intersection Improvements: Public Works/Roadway CIPs r. • youa•„J . j , Indian River Road / 3 ."fl. Princess Anne Road Intersection Improvements CIP 2-422 • Intersection Improvements at the PA/IR intersection to i increase capacity Total Project Cost: S6.8M BTC:$6.D I6 July 18, 2017 16 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) There are a few options being considered for this project: Roundabout Option 1\ O - ' • -)i, -jfeL4 -'., ' U Signalized intersection option • `,, . V\ \ 0 rwmn:. - • _.-,--410---- -iuuumr . o r— ,G i'l'illi ' ''' 78 July 18, 2017 17 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) Here is an overview of Princess Anne Road Phase VII-A: .• Princess Anne Road • Phase VII-A CIP 2-033 1111V - QD o • O.•J Safety Improvements from r'. Sandbridge Road to -.i Seaboard Road • Shoulder widening Drainage Improvements a yRtl � • Utility Relocations • Total Project Cost: $8.7M BTC:$8.4M 19 Here is an overview of the Preliminary Stormwater Analysis: Planning/Development Services Preliminary Stormwater Analysis • Required for projects located in the Southern Rivers Watershed that need discretionary approval • Required information is focused on site and ' soil conditions,elevations,groundwater, tailwater,and preliminary stormwater design calculation • Staff reviews the analysis to determine if there is a strong likelihood the project is viable from a stormwater design perspective • Engineering expense-may be a financial risk for developer prior to City Council action • Review of the analysis is completed before project is placed on Planning Commission lj ^—•I agenda 20 July 18, 2017 18 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) Mr. Frankenfield introduced C.J. Bodnar, Public Works Stormwater. Mr. Bodnar advised there are two important factors to consider: hydrologic and hydraulic: Public Works/Stormwater HYDROLOGIC AND HYDRAULIC STANDARDS Hydrologic Parameters • Design Storms-recurrence interval -Rainfall depth and distribution (current and future) • Soil type / Depth to groundwater/ Tailwater !� Hydraulic design standards • System capacity • • Consistent methodology for pre- and post-development flows It is also vital to remember the past to look to the future, specifically the historical flooding in the area: Remember the Past - Look to the Future • Does the undeveloped site currently - _ have de facto detention? - • Is there historical flooding in the area? _ . ti • What changes might future -E precipitation patterns bring? • Is the development resilient now and into the future? 44! July 18, 2017 19 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) Below is the Rainfall Pattern Changes. Again, it is important to note the current standards may not account for adequate inches: Rainfall Pattern Changes • Future precipitation-frequency curves increase most notably for 30 year events;ex:2-year event increases by 26% • By 2075: • today's"100-year'event becomes a—28 year event • today's"450-year"event becomes a—100 year event Current standards " • • • • • • • • •7. require the " •:••• evaluation of the 10-yr,24-hr storm- 5.98" •• -;° Dewberry is working on an =-; 20 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) In order to properly prepare for the future of Stormwater and Flooding it is vital to use actual data and not the minimum design criteria. Also, the wind tides must be considered: Know Your Boundaries • Tailwater;outlet conditions-Use actual values when known,not minimum design criteria. • Consider external forces to the system: Q0 9 upstream contributions,wind tides,lunar `\c ,0 tides,etc. '• r� li ��•, • If the plan is for water to infiltrate-will the soil allow this to happen?Is groundwater a Lap a 2 Doesn't take a Weatherman to know which way the wind blows.... Tids�eoodv g o pacts roads n Va.Bosch �•--- 000• 111111 _•- • 26 • July 18, 2017 21 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) Watch for bowls, either natural or created, and provide a pathway that does not create damage Know Your Exits • Watch out for bowls - natural or created! • Provide a pathway ,.� _ _Y out that doesn't create damage. • How will people get out during extreme events? 2 1/47°Co crr • How will water get out?I Mem rim Greg moo.ws., A140p.w$.4101r.•rwA A 0* • r (1-1- Prl \♦ � Ann• ` 11116',01. / a • 4 ,, Tr• • •filen r I• 111 July 18, 2017 22 CITY MANAGER'S BRIEFINGS TRANSITION AREA ITEM#67227 (Continued) Questions? Presented by: Barry Frankenfleld,Director,Planning&Community Development Bfranken@vbgov.com or 385-5802 CJ Bodnar,Public Works Engineering,Technical Services C_bodnar@vbgov.com or 385-8340 Mayor Sessoms thanked Mr. Frankenfield, Mr. Bodnar and the entire Team for all their efforts. July 18, 2017 23 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 4:12 P.M. Mayor Sessoms welcomed Thomas Leahy, Deputy City Manager. Mr. Leahy expressed his appreciation to City Council for their continued support: VB Vir:inia Beach ii\.:1.4,-4,, 7 • ASHVILLE PARK STORMWATER UPDATE JULY 18.2017 Below is Ashville Park Chronology: ASHVILLE PARK CHRONOLOGY • 2005: Ashville Park conditionally rezoned. Consisted of Five "Villages" • 2006-2007: Village A— Wilshire Village —was approved and construction initiated • 2006: Village B — Ranier Village—was approved but construction never initiated — plans were not used • 2007/2008: When the housing bubble burst, the development went into foreclosure and receivership under Wells Fargo • 2007/2008: The city assumed ownership of streets, utilities, and stormwater system July 18, 2017 24 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) ASHVILLE PARK CHRONOLOGY • 2012 (February): New developer— HomeFed — acquired the remaining vacant villages and lots • 2012 (June): A revised plan for Village B — Ranier Village—was approved and construction initiated. The stormwater outfall system had already been installed with Ashville Park Blvd • 2012 (November): City became aware of drainage problem in Ashville Park Blvd at Ranier Village entrance • 2013-2015: Ashville Park subdivision continues to experience recurring flooding problems ASHVILLE PARK CHRONOLOGY • 2013-2015: City worked with HomeFed and its consultant to determine the cause of the flooding • 2016 (June): Public Works initiates engineering and stormwater modeling to determine the cause of the recurrent flooding and the improvements necessary to correct the flooding • 2016 (September/October): Tropical Storm Julia and Hurricane Matthew cause severe flooding far beyond the flooding of the previous five years • 2017 (February): Engineering study and stormwater model report completed July 18, 2017 25 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) Below is the Engineering Analysis with CDM Smith, with expenditures of$218,000 to date: IMP ASHVILLE PARK ENGINEERING ANALYSIS • CDM Smith performed hydraulic analyses of the Ashville Park stormwater system and developed solution alternatives. • Model of stormwater system was developed using EPA Storm Water Management Model (SWMM). • EPA SWMM is a complex mathematical model in widespread use across the country (gold standard). • Nine months to complete, $218,000 to date Below is the Model Calibration: ASHVILLE PARK MODEL CALIBRATION • Photos and information from the neighborhood helped provide guidance and after-the-fact water elevation data • Public Works installed three water surface level gauges for data • SWMM Model was calibrated using Tropical Storm Julia & Hurricane Matthew • The model predicted flood water elevations that were within an inch of actual elevations for both storms July 18, 2017 26 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) Here is the Stormwater Management Maintenance Model: Li=nimirASHVILLEL : Fl i:.,__,,_ Nay %.::;,;,_,:.:.,-_:''':',:•7...,"4`,...:_',... ./...,( , r "i F { Below is an overview of the Study Findings regarding Outfall: STUMM...1M Outfall • The outfall system to Flanagan's Lane and Sandbridge Road is inadequate. The rock weir cannot pass nearly enough water during a storm to keep the stormwater within the banks of the lakes • The receiving ditches and channels downstream of the outfall do not _f• ii. have capacity to handle the stormwater, resulting in higher water elevations . a' 'nil Rr- •'' • When water levels are high in Back • , s+ Bay and Ashville Bridge Creek, even less water can pass the outfall .-•••..,.... _ �'� d,,,, B July 18, 2017 27 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) Below is an overview of the Study Findings regarding Subdivision Lakes&Stormwater Piping: STUDY FINDINGS (CONTINUED) Subdivision Lakes & Stormwater Piping • The stormwater piping and the lakes are inadequate • There is not sufficient lake area to store runoff until it can drain through the system • Higher water levels in the lakes prevent the stormwater pipes in the streets from draining quickly during and after storms • Even with lowered lake elevations and more lake area, the pipe system cannot carry enough stormwater to keep the streets from flooding during significant events CDM Smith evaluated over 25 improvement scenarios and provided detailed analyses of the four(4) most viable alternatives. With all four (4) alternatives, flooding would not happen with another Hurricane Matthew: ALTERNATIVES EVALUATED • CDM Smith evaluated over 25 improvement scenarios and provided detailed analyses of the four most viable alternatives • All four alternatives provide similar benefits; however, no improvement can provide complete protection from all storm events (much greater than 100-year event) • All four alternatives require major improvements & upgrades to the neighborhood drainage system (within the streets) • Alternative D is more resilient to future water levels because of the location of the proposed pump station • Alternative B is more conducive to phasing and its initial phases can be implemented faster than the initial phases of Alternative D July 18, 2017 28 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) This is an overview of Alternative B: ASHVILLE PARK —ALTERNATIVE B i — .r ...rw' --.. This is an overview of Alternative D: ASHVILLE PARK —ALTERNATIVE D i r?} .• g \'''''' C-O.Tr.i .- 4, -. ...., „ • _ :, : ,r...,, . i lir`� �' •� . , ,,...-s A... t _�',. fie_ � � ' ��tr; July 18, 2017 29 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) Costs do not include land acquisition, utility adjustment and environmental mitigation costs: ESTIMATED HARD COSTS ALTERNATIVES Table 6-1 Planning-level Opinion of Probable Construction Cost for Alternatives A through D Cost Category Alternative A Alternative B Alternative C AkMnativeD Channels $2.894 044 $959,978 52,703,256 Culverts Category 54,377,400 5562.000 5562.000 Demolition 5492.215 $503.415 5492.215 5492.215 UK 5276.255 0267,130 5287,830 0275.855 Miscellaneous 554.600 551.600 564,200 551,600 Pavement Replacement $2.035,034 51.985.034 52.037.362 52.015.870 Piping 52.734.869 52,727.927 53.066.041 52.906,556 Ponds 51,064,027 51.094,027 51.064,027 51.153.099 Pump Station 53,000,000 53,000.000 55.000.000 $3,000.000. Subtotal $12,775,444 514,966.511 515,276,931 $13.506,923 Mobilization 5668,712 $778,326 5793,847 5705,346 Contingency(3094 54.033.265 $4.723.451 04.821.233 54,263,681 Engineering,Survey,&Permitting 115%) 52,621.622 03,070,243 53,133,802 $2,771 Total 520.099.103 523538,531 524,025,813 521,2s. 051 S20.103020 523,500,000 524,000,000 521.2,. "Costs do not Include acquisition,utility adjustments or environmental mitigation costs. This is an overview of Interim Improvements—Phased Approach: INTERIM IMPROVEMENTS- PHASED APPROACH • The FY2018-23 CIP provides $9 million in funding which will allow for the first phase of Alternative B (a.k.a Scenario 5) • Considerable decrease in flooding duration • Incremental improvement in the depth of flooding • Planning level opinion of cost is $8.2 million • The neighborhood and the developer both indicate a desire to continue with the development as long as there are no adverse impacts to the stormwater system in the existing villages • Public Works Engineering has begun the preliminary engineering design of the Scenario 5 improvements July 18, 2017 30 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) This is an overview of Scenario 5 Improvements: SCENARIO 5 IMPROVEMENTS -441 - - VIth This is an overview of Possible Village C Cost-Participation: POSSIBLENILP LAGE C COST-PARTICIPATION • Scenario 5 improvements assume Village C will be developed • HomeFed is interested in proceeding with Village C and cost-participating in Scenario 5 • Cost-participation based upon additional cost of the phased approach • Cost share is $5.8M (71%) City, $2.4M (29%) HomeFed for initial phase (Alt. B, Scenario 5) • HomeFed to cost participate up to $2.1 M in future phases if Villages D & E proceed July 18, 2017 31 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) ASHVILLE PARK INTERIM PROJECTS • Dedicated 13 CFS portable pump to lower the 14-lake system prior to significant storm events (3" rain or greater) • New weir and portable pump site will be constructed at existing outfall location to allow more discharge from the lake system and also prevent high water backflow into the system • Weir construction scheduled for January 2018 Also, there is some discussion of a Potential Pungo Ridge Development. Without a doubt, the Developers would have to invest on stormwater: 111111.111.1111 Potential Pungo Ridge Development July 18, 2017 32 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) As of today, there has not been anything submitted to the City; however, based on discussions, there are two (2)potential developments: POTENTIAL PUNGO RIDGE DEVELOPMENT • Concept envisions two potential developments East side of Princess Anne .___3 _ Road(half of —` the former ,, may-- Pungo airfield) • -_ West side of , _�._-xsd' -1111111p " ' Princess Anne • ." si j i : _:� Road „,,,,%„4::,:,� �," i 1 i __.-- 11 (northwest �_„e ,- . quadrant of the ; s, i 1 ----- Pungo r " 7i. '`_._ intersection) . � _----- Currently 47 of the 51 acres of the proposed Pungo Ridge East drain thru Ashville Park: PUNGO RIDGE EAST, �,,�, ,err • 47 of the 51 acres of `\ the proposed east side project currently drain thru Ashville .i Park • Stormwater flow to ' Ashville Park is highly .jt rt- restricted by way of a ,— • single 18" CMP - , \ • 11 CFS in 10-yr storm ' . Allp, 71 . (but Cayman Lane overtops in 100-yr storm) July 18, 2017 33 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) This is an overview of Pungo Ridge East—Impervious Area: PUNGO RIDGE EAST — IMPERVIOUS AREA • Developer feels that existing impervious surface is 40-70% • City GIS and SW model calibration supports about 25% • A critical assumption in stormwater regulations • Needs to be confirmed by topographic survey It appears that if Pungo Ridge East drained West into West Neck Creek it would decrease the stormwater issues in Ashville Park: WHAT IF PU O RAINED WEST (T • 47 acres of Pungo Ridge east that drains thru Ashville is about 9% of the total drainage area but it enters Ashville at a point of high infrastructure deficiency • Stormwater flow to Ashville is restricted (18" CMP) • Because of the 18" CMP restriction, when the 47-acre drainage was removed from the SW model, flooding reductions in Ashville were small, but not insignificant • More meaningful when combined with Scenario 5 • Not a sole solution for Ashville, but if implemented as stated, the development would not increase storm- water issues in Ashville (it would decrease them) July 18, 2017 34 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) WHAT IFP IVERTED ASHVILLE K CREEK • Ashville Park drains east to Ashville Bridge Creek and then to Back Bay • The existing Ashville Villages A& B are among the lower elevations and the farthest from the outfall • Any meaningful volume of stormwater diverted from Village A or B will result in some reduction in flooding • It will likely require a pump station • Engineering and stormwater modeling must be done to know how much water could be diverted and what the impact would be to the West Neck Creek watershed (upstream and downstream) This is an overview of the Pungo Ridge Storm water Modeling: PUNGO RIDGE STORMWATER MODELING • Engineering/stormwater modeling must be done before impacts upon Ashville Park, Ashville Bridge Creek, and West Neck Creek can be predicted • Cost-participation has been suggested • City has modeled Ashville Park which includes Pungo Ridge east (existing condition) at a cost of$200K +/- • Modeling underway for drainage-sheds 9 and 10 which include Pungo Ridge west (existing condition). Work will be done by year-end at cost of $500K +/- • Open-source model, input data available to anyone. City has already cost-participated July 18, 2017 35 CITY MANAGER'S BRIEFINGS ASHVILLE PARK DRAINAGE ITEM#67228 (Continued) Below are the Staff Recommendations: RECOMMENDATIONS • Ashville Park Village C: Proceed with initial phase of Alternative B (Scenario 5) in cost-participation with HomeFed • Use unexpended funds in the Ashville Park CIP to implement additional phases— biggest bang-for-the buck projects • Complete stormwater models for drainage-sheds 9 and 10 • Provide model input data to interested parties looking to develop property in southern watershed • Remain open to cost-participation if in public interest WM. QUESTIONS ? Mayor Sessoms thanked Mr. Leahy for this informative presentation. July 18, 2017 36 CITY MANAGER'S BRIEFINGS TOWN CENTER TIF ITEM#67229 5:00 P.M. Mayor Sessoms welcomed Patti Phillips, Director—Finance. Ms. Phillips expressed her appreciation to City Council for their continued support: Central Business District South-Tax Increment Financing Special Revenue Fund City Council Briefing July 18, 2017 -rt X06'_ T July 18, 2017 37 CITY MANAGER'S BRIEFINGS TOWN CENTER TIF ITEM#67229 (Continued) Below is the background of the Central Business District(CBD)South TIF Fund: CBD-South TIF Fund • District and Fund created in 1999; • Captures incremental real estate tax revenues in the district since July 1, 1998 • Beginning in 2010, also captures a portion of hotel tax from hotels ($500,000) within the core area • Note: Special Services District also created in 2002 that covers the core area to pay for operating costs for the garages, public plaza, entertainment, long term maintenance reserve, etc., as well as backstop to TIF. An additional 45 cents is assessed on real estate tax rate. 3 This map depicts the boundaries of the Town Center TIF: r01 Revised Cman/Bush,,,A',Ma,.South TIE Oneer 1F J 1. Ot�..e.u.ae.wnrpr •.. — 14.3'iF'an},j July 18, 2017 38 CITY MANAGER'S BRIEFINGS TOWN CENTER TIF ITEM#67229 (Continued) Below is the Town Center Master Plan as of November 24, 2015: Town Center Master Plan As of November 24, 2015 , .IL, I. .I.I. oa3 .rs1_ ': - f 1ww •.-- - •,'10.n II... I I 1... �`.... tw. �(�ti I H V _�-- ..,, u' ttl, H I-4 4.6.4. a�.u•.. lit , 1K ..: w. �•..• an a �. H i'i,t.. t-ai la-. _ * 1t MI;. 11111140-41.% 1N1t.,.••- s The TIF is an economic development tool designed to stimulate economic activity within specific geographic boundaries. TIFs are effective for redevelopment of blighted areas, areas experiencing decline, areas with limited prospects for growth and areas where a much higher quality of development is desired. "But for"public investment, the area would not develop in the desired way. For FY 2018, Town Center's base assessment is $151.9-Million so $1.5-Million of Real Estate Taxes going to the General Fund: TAX INCREMENT FINANCING(11F) SSS $ pillille NUM I- >«Y -I 6 July 18, 2017 39 CITY MANAGER'S BRIEFINGS TOWN CENTER TIF ITEM#67229 (Continued) This provides an overview of the Town Center Assessed Values in 'Millions: Town Center Assessed Values Taxable Core(millions) 1998 $ 20.3 FY 2018 Preliminary Land Book(includes blocks 2&9) 447.0 Taxable Non-Core(millions) 1998 $131.6 FY 2018 Preliminary land Book 412.1 Total Taxable TIF-1998 $151.9 Total Taxable TIE-FY 2018(preliminary) $859.0 Incremental Growth in Assessed Value $707.1 Real Estate Tax Revenue Increment $7.09 Excludes improvements from Town Center,Phase VI,not yet completed. The Town Center Project is financed with TIF revenue plus funds from the Economic Development Incentive Fund and Capital Improvement Program as a source of funding for streetscapes and landscaping. The EDIP Capital Project is funded from Cigarette Tax Revenue: Public/Private Investment in Town Center Phase I Phase II Phase III Phase V Phase VI Total Public Investment: Public Parking Garages-TIP Funded $22,5 $18.1 $16.9 S20.I $0.0 $77.6 Meeting Space,Connector,Land, 0.5 9.9 2.9 513.3 Plaza&Staircase-TIF Funded Infrastructure-CIP/EDIP Funded §37 7 1_7 I_0 1_0 S17.7 Total Garage/Infrastructure-Pubhc $29.3 $25.8 $28.5 $21.1, $3.9 $108.6 Total Private Investment: $95.0 $97.0 $173.0 $84.4 $38.4 $482.8 Public Private Ratio 1:3.2 1:3.8 1:6.1 1:4.0 1:9.8 1:4.5 (3ninl4ivn Dares: Fall 2(0)1 2005 Fall 2(07 Fall 2(114 2(119 *Does not include costs related to debt issuance,legal,or consultant fees. July 18, 2017 40 CITY MANAGER'S BRIEFINGS TOWN CENTER TIF ITEM#67229 (Continued) A fund balance is maintained in the CBD-South Special Revenue Fund, since some years the Debt Service may exceed the annual revenue: VB Town Center TIF Fund Summary of Revenues and Expenditures (Amounts in millions$) FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Revenues: Real Estate Taxes 6.71 7.09 7.52 7.68 7.84 8 01 8.17 8.34 • Hotel Taxes d Interest Earned 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 Tow Revenues 7.21 7.59 8.02 8.18 8.34 8.51 8.67 8.84 • Expenditures: Debt Service 7.74 780 809 8.17 8.25 8.35 8.12 4.90 Maeung Space Reserve 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 Total Expenditures 7.89 7.95 8.24 8.32 8.40 8.50 8.27 5.05 • Revenues Overl(Under) Expenses (0.68) (0.36) (0.22) (0.14)_ (0.061_0.01 _ _0.40 3.79 • Cumulative Fund Balance $2.11 $1.75 $1.53 $1.39 $1.33 $1.34 $1.74 $5.53 Fund Balance as a,of Next Year's Revenue 27.8% 21.9% 18.7% 16.7% 156% 15.4% 19.6% 9 This is an overview of Business Taxes Generated Within the Core Area of Town Center in `Millions: Business Taxes Generated Within the Core Area of Town Center' (millions) Fiscal Year Type of Tax 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total Business license $0.74 $0.84 $0.92 $1.53 $1.23 $1.03 $1.02 $1.15 $1.10 $1.27 $1.302 $13.65 Personal Property 0.23 0.35 0.40 0.46 0.49 0.51 0.54 0.61 0.59 0.58 0.70 0,21 5 6.18 Trustee Taxes 1.65 2.44 2.72 3.41 3.79 3.65 3.94 4.33 4.43 4.06 4.70 4 $44.03 General Sales 0.44 0.54 Oy7 0.60 0.68 0.65 0.65 0.80 0.76 0.70 0.79 kg6 $8.23 Tow $LQ6$411$453$$49Q$5x39$5.84$419$¢,$g gall$6.6$$7_49 $72,09 Estimated General Fund portion in FY 2016: $3.7 million(net of amount to Schools)45% 'Includes all hotel taxes generated in the TIE District,of which$500,000 is retained in the TIF Fund for debt service and capital reserve for SSD.Excludes real estate taxes. to July 18, 2017 41 CITY MANAGER'S BRIEFINGS TOWN CENTER TIF ITEM#67229 (Continued) This provides the Town Center TIF Cumulative Revenue Compared to Cumulative Debt Service: As prior debt service is paid down,the TIF builds capacity to fund additional debt service beginning FY 2024. Town Center TIF Cumulative Revenue Compared to Cumulative Debt Service sin 411t SISO ra F Stro 00 - h h � h h h�'AY�•Y�h�h�h h h 1 h h�h�h AYE 44,f, <umuletm le.erv.e Are.bbNb Debt SenKe tumu4tw Debts. This provides an overview of the Town Center Debt Issued to Support Public Parking and Other Public Space: Town Center Debt Issued to Support Public Parking and Other Public Space pebt Issues(millions( Amount 2002 Phase I(Blocks 4&5) $23.8 2003 Phase II (Blocks 3,8,10&12) 11.8 2005 Phase II(Blocks 10&12) 8.0 2007 Phase III(Blocks 5,6,7) 25.6 2014 Phase V(Block 11) 20.5 Total Debt Issued $89.7 2017 Debt Outstanding $57.7 2017 Debt Service $ 7.7 u July 18, 2017 42 CITY MA NA GER'S BRIEFINGS TOWN CENTER TIF ITEM#67229 (Continued) Town Center SSD Fund Summary of Revenues and Expenditures (Fiscal Years,Amounts in millions$) Revenuer Real Estate 45 cents per$100 AV 1.87 2.01 207 212 2.17 2.23 2.28 2.34 Use of 1.loney/Property/Charges 8 Mon 0.33 0.28 0.29 029 0.29 029 029 0.29 Fines 8 For/enures 0.09 0.05 0.05 0.05 0.05 005 0.05 0.05 Transfers Pont Town Ctr TIF Fund 0.15 0.15 0.15 0.15 0.15 0.15 0.15 015 Total R v n o 2.44 2.49 2.56 2.61 2.66 2.72 2.77 2.83 gjspendituresi OperetionstMamtenence B Specter Events 197 201 205 209 2.13 2.18 2.22 2.27 Transfers to CIPIOther Funds 0.48 048 0.49 049 0.49 0.49 0.49 0.50 Total Expenditures 2.45 2.49 2.54 2.58 2.63 2.67 2.71 2.77 Annual Revenues Overl(Under)Expenditures (0.01) . 0.02 0.02 003 0.05 0.06 0.06 Cumulative Fund Balance FY 2015-16 1.62 Cumulative Fund Balance 1.61 1.61 1.63 1.65 1.68 1.73 1.79 1.85 13 Summary • TIF created as revenue source for debt service on garages, & other public infrastructure. • TIF projections are close. • No capacity for major changes without significant additional private investment. • SSD creates revenues for maintenance and capital reserve for public parking garages as well as other amenities and events within the CBD, and back stop to TIF. Mayor Sessoms thanked Mrs. Phillips for this informative presentation. July 18, 2017 43 CITY MANAGER'S BRIEFINGS CITY VIEW TWO ITEM#67230 5:18P.M. Mayor Sessoms requested Council Lady Henley preside for this portion of the Briefing as he has a potential Conflict of Interest. Council Lady Henley welcomed Ronald Williams, Deputy City Manager. Mr. Williams expressed his appreciation to City Council for their continued support: City View Two 9". 4911046. -- __J Virginia Beach City Council Briefing Ronald H. Williams,Jr. July 18,2017 Below is the Presentation Overview: Presentation Overview • Scope of Proposed Project • Material Changes from Term Sheet • Developer Obligation • Authority Obligation • Thalia Creek Greenway • Benefits of Project July 18, 2017 44 CITY MANAGER'S BRIEFINGS CITY VIEW TWO ITEM#67230 (Continued) The location of the proposed project is at Constitution Drive&Bonney Road. Location: Constitution Drive & Bonney Road 1. - r ✓ck' 41:40 _ t'> 01- Below is the Original City View Master Plan: Original City View Master Plan t • 1E11 • 1 CITY VIER' .....,..,. CDPA PLAN ... July 18, 2017 45 CITY MANAGER'S BRIEFINGS CITY VIEW TWO ITEM#67230 (Continued) Three(3)primary buildings are set up for future development on the North side of the property: Site Plan for City View Two Project 4 tP, `r Below is the Phasing&Scope of the Proposed Project: Phasing & Scope of Proposed Project Phase 3:One Structure/$10.0MM Developer Investment Multi-level mixed-use building consisting of a limited service hotel with 126 rooms and 3,000 sq.ft.of office,retail or restaurant space f ,rq . Phase 1:One Structure/ _ $45.55MM Developer Investment l' Mixed-use six-level building with. } 13,000 square feet of office or retail on ground floor ry 221 apartment units on levels 3-6 • 2-level podium parking structure Phase 2:One Structure/55.0MM with 488 spaces Developer Investment Multi-level commercial building with 24,000 square feet of office space 35./-surface parking spaces July 18, 2017 46 CITY MANAGER'S BRIEFINGS CITY VIEW TWO ITEM#67230 (Continued) Below are the Architectural Concepts: 1111W t $ i :4-rna nu— cr • wE "-" - - 01 ARCHITECTURAL CONCEPTS R� rresu rwOi VEG. ..•••: Below are the Material Changes From Term Sheet: Material Changes From Term Sheet Original Plan Revised Plan Phase I Two Structures One Structure 7-level Parking Garage 2-level Parking Garage 481 Spaces in Garage 488 Spaces in Garage 202 Apartment Units 221 Apartment Units 13,500 SF Office Space 13,000 SF Office or Retail Space $44.4M Developer Investment $45.55M Developer Investment Phase II 24,000 SF Office Building Unchanged Phase III Mixed Use Building with Mixed Use Building with 110-120 Room Limited Service Hotel, 126 Room Limited Service Hotel, 4,000—5,000 SF Corporate Office Space 3000 SF Corporate Office Space &Retail/Restaurant &Retail/Restaurant Parking Structure Parking Included in Phase I Garage— Results in$2.5 M reduction in costs Total $62,000,000 $60,550,000 Investment July 18, 2017 47 CITY MANAGER'S BRIEFINGS CITY VIEW TWO ITEM#67230 (Continued) Below are the Developer Obligations: Developer Obligations • Develop and construct entire Project •Total estimated private investment: $60.5MM • Maintain and operate structured parking • Structured parking: a portion to remain free and open to public, subject to reasonable rules and regulations established by Developer • Construction of Project to comply with City Council's Small Business Enhancement Program Below is the Authority Obligations: Authority Obligations • Pay the Developer incentive payments(the incremental real estate taxes paid at the Project),to offset the additional costs associated with the structured parking,for up to 25 years or until the total amount paid equals$10.2 MM,whichever first occurs. • Payments commence after payment of real estate taxes on a completed element of Phase I. • Authority has the right to terminate payments if(i)entire Project is not completed within 72 months of commencement of construction of Phase I,or(ii)construction on the hotel is not commenced within 36 months of completion of Phase I. ✓Authority has right to terminate agreement before payments ever start if construction of a phase not commenced within one year of date of development agreement July 18, 2017 48 CITY MANAGER'S BRIEFINGS CITY VIEW TWO ITEM#67230 (Continued) . Piro -Olds --"-- Phew I C«TYY. Phase { I F. ..aww.mMN Thalia Creek Greenway Below is an overview of the Thalia Creek Greenway: Thalia Creek Greenway • Developer,or affiliate of Developer,will sell to the City an easement necessary for the construction of the Thalia Creek Greenway over the Project Area and portions of adjacent parcels to the west. • Includes parts of Phases 2 &4. • Purchase Price=$300,000. • Phase 2 bids are under review. Construction could begin in September. • Phase 3 design is 90%complete. July 18, 2017 49 CITY MANAGER'S BRIEFINGS CITY VIEW TWO ITEM#67230 (Continued) Here are the Benefits of City View Two Poject: Benefits of City View Two Project • The City of Virginia Beach incurs no debt or maintenance obligation for the development and parking facilities • Additional revenues to the City's General Fund • Advances opportunities for Central Business District(CBD)TIF District to grow around the core area • The project is compliant with Comprehensive and SGA Plans • Additional shared parking and new development supports Pembroke SGA and the CBD • Thalia Creek Greenway Project able to proceed • Ripley Heatwole consolidates operations and brings HQ to the SGA supporting Economic Development's strategy (headquarter industries) • Project should generate 165 employment opportunities during construction and sustain 38 ongoing jobs annually plus additional hotel inventory in CBD 13 Below are the Next Steps: Next Steps • VBDA approve Development Agreement • City Council approve Development Agreement • Design, Permitting&Construction Council Lady Henley thanked Mr. Williams for this informative presentation. July 18, 2017 50 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA ITEM#67231 5:37 P.M. Mayor Sessoms asked Ronald Williams, Deputy City Manager to continue with the next presentation regarding the Sports Center PPEA Solicitation Overview. Mr. Williams again expressed his appreciation to City Council for their continued support: Virginia Beach Sports Center PPEA Solicitation Overview -- _ _ _ -virt- IFT,r. fs it, -J. , t 4. i Virginia Beach City Council July 18, 2017 +r - - 60Spittoir...ltf Arro. . .6 lig . a 4. . As instructed by City Council, the PPEA was officially rejected. Below is an overview of the Project Objective: Project Objective • To design, construct, operate and maintain an indoor sports facility to attract out-of-market tournament business; and jointly be used, during non-tournament use, by residents for fitness activities, thus creating a more competitive resort by serving as an economic asset for tourism growth as well as enhancing the quality of life for Virginia Beach residents. VIRGIf1IR July 18, 2017 51 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA ITEM#67231 (Continued) Below is an overview of Minimum Program Space Elements: Minimum Program Space Elements '4712 - • These elements pertain to the useable programmable j tournament space within the 1:13 Sports Center. — Examples include: • 12 Basketball Courts • 24 Volleyball Courts • Column-Free/Clear-Span floor space VIRGIf1IR �BERCH Below is an overview of Minimum Support Space Elements: Minimum Support • Space Elements /l` • These elements pertain to the functional design to support marketability and use. ' — Examples include: • Elevated Mezzanine ` G. Viewing & Walkway ;"1 . I • Concessions/Vending $�17 Food Service • July 18, 2017 52 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA ITEM#67231 (Continued) Below are the Site Considerations and Operational Elements: I° ih Site Considerations t • These considerations are pertaining to the siting and design of the Sports Center. • " — Example include: r a ,• `s -e • Complimentary design to VBCC • Design allowing for expansion of VBCC viRG1111 BEACH F,x(l�(1 Operational Elements • f, • These elements pertain to the relationship between the Sports Center Operator and the VB CVB Sports Marketing Unit. — Example include: • Booking policy • Collaboration to create new events VIRGIM BEACH July 18, 2017 53 CITY MANAGER'S BRIEFINGS SPORTS CENTER PPEA ITEM#67231 (Continued) Below is an overview of the PPEA Process&Proposed Schedule: PPEA Process & Proposed Schedule O.nua.to Ronne nO So..b000f Soecneewn Pocono w w a po,ta Premed to Eswum,. vnM..a ConnptWl EnW.to 0 t d d O.te.t.d ',Wow, ttgootM: Pr000tNa Proposal{ Mn Propo+M twmt _ Conceptual Phase Detailed Phase October ■ ■ ■ � 2017 VIRGI fI I R C) BERCH LIVE THE LIFE Mayor Sessoms thanked Mr. Williams for this update and all of his hard work on this project. July 18, 2017 54 CITY COUNCIL COMMENTS ITEM#67232 5:40 P.M. Councilman Wood congratulated and complimented Ruth Hodges Fraser, City Clerk,for the outstanding job she did as City Host for the Sister Cities 61" International Conference last week Sister Cities International presented Ms. Fraser the Lifetime Achievement Award. Unique to this Conference was the attendance of the Mayor of each of the "sister cities"and thefirst-ever Russian Mayoral Summit held at the Convention Center. There were many dignitaries in attendance: Illustrious Norman Mineta One of only four persons in the United States to have served two cabinets under two d?erent Presidents Ambassador John R. Bryrle Shin Koyamada, Actor and Philanthropist, Martial Artist Gennadi Nedvigin,Artistic Director of the Atlanta Ballet Suhail Arastu, Director of Development,Musical Bridges Karim Wasfi, Cellist and Founder/CEO of Peace Through Arts Global Foundation at the Geneva Center for Security Policy John McKenna, Director of Playing for Change Foundation, Peace Through Music Mayor Sessoms' Mayoral Summit featured the Mayors of Ards and North Down, Northern Ireland; Miyazaki City, Japan; Moss, Norway; Olongapo, Philippines; and, Waiblingen, Germany. The Russian Mayoral Summit was hosted by the Russian Embassy in Washington, D. C., after which all Mayors were invited to join them, Global Leaders and SCI Leaders for lunch at the Convention Center. A YOUTH SUMMIT was conducted by the United States Department of State at Virginia Wesleyan University to more than 90 youth from all over the world. They also visited the Aquarium and built oyster cages at the Brock Environment Center. A "Parade"of some 138 international municipal flags led by the Virginia Beach Mounted Patrol opened the Conference with Mayor Sessoms and School Board Chair, Beverly Anderson welcoming the attendees. Twenty-three countries were represented. Concurrent Plenary Sessions were on various subjects: Diplomacy, Trade, Economic Relations, Innovation Laboratories, Return on Investment of Partnerships, Virtual Exchanges, Building Partnerships, Reinventing the Classics, Digial Age Leveraging and Expanding Partnerships with Colleges and Universities. The Honorary Board dinner was hosted by Captain Rich Meadows at the Shifting Sands Officers Club. The annual Global Leaders Circle reception was held at MOCA, the SCI banquet at the Aviation Museum and the Awards Banquet at the Convention Center. Mayor and Mrs. Sessoms, Councilman Wood, Council Lady Kane, City Clerk Ruth Fraser and Conference Event Chair, Naomi Estaris, were very busy hosting the Conference assisted by SCA VB Board Members, our Youth Ambassador and various City Departments, especially the Convention Center with transportation; Parks and Rec with floral arrangements; Public Works who built and contributed 34 stands for the numerous municipal flags; Media Division with TV coverage and photographic history. July 18, 2017 56 CITY COUNCIL COMMENTS ITEM#67234 (Continued) Council Lady Abbott reminded everyone she will be hosting a Town Hall tomorrow at Kempsville Recreation Center from 6:00—7:30 P.M. July 18, 2017 57 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67235 5:42 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES L Ordinance to DECLARE EXCESS City Property at Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to sell same to Tony D,LLC and Cynthia D, LLC 2. Ordinance to AUTHORIZE a Development Agreement for CityView Two,LLC re a three- phase mixed use development in Town Center and DIRECT the City Manager to execute supporting documents 3. Ordinance to AMEND the FY2017-18 Operating Budget of the Department of Housing and Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs ITEM#1 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 ITEM#2 WILL BE DEFERRED INDEFINITELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 July 18, 2017 58 CITY COUNCIL AGENDA REVIEW SESSION ITEM#67235 (Continued) L PLANNING 1. STARBUCKS COFFEE COMPANY and STEVEN H. MURDEN for Special Exemption for Alternative Compliance re a commercial building with drive-through at 501 Laskin Road DISTRICT 6—BEACH 2. SCARLET DAWN WINDLEY and DEREK WILLIAMS for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 3833 Jousting Arch DISTRICT 7 — PRINCESS ANNE 3. MUHAMMAD RABBANI and GUARDIAN PROPERTIES II, LLC for a Conditional Use Permit re Motor Vehicle Sales at 801 South Lynnhaven Road DISTRICT 3 —ROSE HALL 4. DAVID C. BROSIUS and NELL TURNER for a Conditional Use Permit re Automobile Repair Garage, Motor Vehicle Sales, Service and Bulk Storage Yard at 73 South First Colonial Road DISTRICT 6—BEACH ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 AMENDED VERSION TO BE CONSIDERED MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 July 18, 2017 59 ITEM#67236 Mayor Sessoms entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees July 18, 2017 60 ITEM#67236 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:49 P.M. Voting: 11-0 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, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent None (Closed Session 5:49 P.M. - 5:59 P.M.) July 18, 2017 61 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 18, 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 18, 2017, at 6:00 P.M. Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara Al, 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 INVOCATION: Reverend Michael Simone Pastor, Spring Branch Community 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 18, 2017 62 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 ident5ing 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.lanuary 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a "personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council Council Lady Wilson's letter()Pune 2, 2015, is hereby made a part of the record. July 18, 2017 63 Item—VI-E CERTIFICATION ITEM#67237 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 EtDOS q0 /I i RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#67236 Page 60 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-37/2 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b)only such public business matters as were identified in the motion convening this Closed Session were heard,discussed or considered by Virginia Beach City Council. t . h Hodges Fraser, MMC City Clerk July 18,2017 64 ADOPT AGENDA FOR FORMAL SESSION ITEM#67238 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 18, 2017 65 Item- VI-G.1 PUBLIC HEARING ITEM#67239 Vice Mayor Jones DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY Princess Anne Road and Winterberry Lane The following individual registered to speak: Anthony D. Silvestro, 2036 Thomas Bishop Lane, Phone. 334-6383, spoke in SUPPORT Daniel Williams, 3045 Monet Drive, Phone:999-3137, spoke in OPPOSITION. Jamie Dougherty, 3209 Twinflower Lane, Phone: 343-0512, spoke in OPPOSITION. Tony Villaneuva, 3080 Monet Drive, Phone: 679-9216, spoke in OPPOSITION. There being no other speakers, Vice Mayor Jones CLOSED THE PUBLIC HEARING **Mayor Sessoms excused himse(ffrom this discussion due to a potential Conflict of Interest. July 18, 2017 66 Item - VI-11 ORDINANCES ITEM#67240 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items 2(DEFERRED TO 08/15/2017& MAYOR SESSOMS ABSTAINED) and 3 Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 67 Item -VI-H.1 ORDINANCES ITEM#67241 Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY, Ordinance to DECLARE EXCESS City Property at Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to sell same to Tony D, LLC and Cynthia D, LLC 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 Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None **SHALL BE HEARD AT THE SAME TIME THE CHANGE OF ZONING IS CONSIDERED July 18, 2017 �1401141A•BFg 6`s7 _2' City of rir iriia Beach OUR NAS10N5 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0060985 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com July 18, 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 an ordinance declaring land located at the intersection of Princess Anne Road and Winterberry Lane to be in excess of the City's needs and authorizing the City Manager to sell the land to Tony D, LLC and Cynthia D, LLC. 2. Tony D, LLC and Cynthia D, LLC have 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, illiam D. Sessoms Mayor WDS/RRI 68 Item-VI-H.2 ORDINANCES ITEM#67242 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO AUGUST 15, 2017, BY CONSENT, Ordinance to AUTHORIZE a Development Agreement for CityView Two, LLC re a three-phase mixed use development in Town Center and DIRECT the City Manager to execute supporting documents 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 Abstaining.' Mayor William D. Sess'oms, Jr. Council Members Absent.' None July 18, 2017 0r11.A•BE4c,, City of Viririia Beach 2i o�g94- 9�F OUR NAZ10N5 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE In Reply Refer to 0060986 VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessomsOvbgov.com July 18, 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 an ordinance approving the development agreement for the CityView Two Project and authorizing execution of project documents. 2. CityView Two, L.L.C. 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, ? illiam D. Se s ms Mayor WDS/RRI 69 Item-VI-H.3 ORDINANCES ITEM#67243 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the FY2017-18 Operating Budget of the Department of Housing and Neighborhood Preservation re adjustments and alignment with allocations to certain administered federal programs Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 1 AN ORDINANCE TO AMEND THE FY17-18 OPERATING 2 BUDGET OF THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 The Department of Housing and Neighborhood Preservation's FY17-18 9 Operating Budget is hereby modified for the amounts and purposes set forth below: 10 11 1) $25,693 is hereby appropriated in the CDBG Program, with program revenue 12 increased accordingly, from revenues in excess of estimated amounts and 13 such funds will be utilized for affordable housing creation and/or rehabilitation 14 per CDBG regulations; 15 16 2) $705,288 is hereby appropriated in the HOME Program, with program 17 revenue increased accordingly, from revenues in excess of estimated 18 amounts and such funds will be utilized for affordable housing creation and/or 19 rehabilitation per HOME regulations; 20 21 3) $3,750 is hereby appropriated for the VISTA Grant Fund, with federal revenue 22 increased accordingly, and such funds will be utilized for Continuum of Care 23 program management; and 24 25 4) The following adjustments in the appropriation amounts are hereby approved 26 to align the Department of Housing and Neighborhood Preservation FY17-18 27 Operating Budget with federal allocations: 28 a) Increase CDBG Program by $46,616, with federal revenue increased 29 accordingly; 30 b) Decrease HOME Program by $19,225, with federal revenue 31 decreased accordingly; 32 c) Increase HOPWA Program by $164,683, with federal revenue 33 increased accordingly; 34 d) Increase Emergency Solutions Grants by $3,514, with federal revenue 35 increased accordingly; 36 e) Decrease Housing Choice Voucher - Administration by $6,753, with 37 federal revenue decreased accordingly; 38 f) Decrease Housing Choice Voucher- Vouchers by $7,928, with federal 39 revenue decreased accordingly; 40 g) Decrease State Rental Assistance Program by $134,654, with state 41 revenue decreased accordingly; and 42 h) Decrease Continuum of Care Planning Grant by $3,529, with federal 43 revenue decreased accordingly. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 18th day of July 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana t9armeyer Budget & Management—Servici.s City Attorney's Office CA14098 R-1 July 6, 2017 70 Item—VI-I PLANNING ITEM#67244 I. STARBUCKS COFFEE COMPANY ALTERNATIVE COMPLIANCE 2. SCARLET DAWN WINDLEY CONDITIONAL USE PERMIT 3. MUHAMMAD RABBANI CONDITIONAL USE PERMIT 4. DAVID C. BROSIUS CONDITIONAL USE PERMIT ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED AS AMENDED MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 July 18, 2017 71 Item -VI-I PLANNING ITEM#67245 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT: Items I, 3(AS AMENDED) and 4(MAYOR SESSOMS WILL ABSTAIN) of the PLANNING AGENDA Voting.' 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 72 Item—VI-LI PLANNING ITEM#67246 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of STARBUCKS COFFEE COMPANY and STEVEN H. MURDEN for Special Exemption for Alternative Compliance re a commercial building with drive-through at 501 Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STARBUCKS COFFEE COMPANY and STEVEN H. MURDENfor Special Exemption for Alternative Compliance re a commercial building with drive-through at 501 Laskin Road (GPIN 2418914769) DISTRICT 6—BEACH The following conditions shall be required: I. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan Review, the improvements to the Site shall be substantially as shown on the submitted Exhibits, titled, "STARBUCKS COFFEE COMPANY, PLANT PALETTE, " "STARBUCKS COFFEE COMPANY, LANDSCAPE PLAN "and '.STARBUCKS COFFEE COMPANY, SITE PLAN,"dated May 8, 2017, as prepared by Timmons Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Construction Code or as part of the final Site Plan review, the structure shall be substantially as shown on the submitted Architectural Exhibit Package titled, "SCHEMATIC DESIGN PHASE I, "dated April 13, 2017, as prepared by the Starbucks Coffee Company Miami Studios. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation, and during subsequent maintenance and/or replacement of the Plant material on the Site, the Planting Plan shall be substantially as shown in the Exhibits referenced in Condition #1. All Plant material must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of Plantings that is similar to and meets the same intent as the Plants shown in the Exhibits referenced in Condition #1. 4. All mechanical equipment shall be screened from view from the public right-of-way. The location and screening of receptacles for trash and recycling shall follow the applicable City standards. The trash enclosure shall he comprised of materials included in the architectural exhibit package referenced in Condition#2. 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 Eighteenth day of July, Two Thousand Seventeen. July 18, 2017 73 Item—VI-LI PLANNING ITEM#67246 (Continued) Voting: 11-0 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, Mayor William D. Sessoms, Jr., John K Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 * \ \ ‘-•- --",•--___----- \ \. \'`.---.....,..„.......----' - fa.r.;,\. z-lo Maie_rNel \ ' -\imimew OC 1 OC ?.:81111C\--.. \ CO 01--.__ ------11 Ce \ \jet ii,i \ 0 \ ---------- 1L�•f+ll 1Z \ 11 --- _ ., --L__ --/ JY�� a ��l �`= g�l �� Ave __ �' otitiy Road ,-,*----44--8i Holly 0 V \, 16---- -- ------\ , \ sii\ ' , \ • \ 1 . -----\-`A,_,,,:.1 .. * ba \ ____21 IZ gym '+ +, IX \ k__ _ I \ 4, • W� t= _ \.__ 3 a \ L Z_. O O / ) - 'V 'A\ ''---- / �. Et �' IA% -1.,5-0--- i / \MIMS \ / / \TOO \ / ' / N t Q 7/N04-1`";, /itt-------_ ii______ ow ,. L ___,Q______ -_-1 I a i 'N1/4„ , ------, 1 i 0 ir... cc II J El ----\.\\N 4 N r co %— a `a l- Q �Q-�a 74 Item—VI-I.2 PLANNING ITEM#67247 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED: Ordinance upon application of SCARLET DAWN WINDLEY and DEREK WILLIAMS for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 3833 Jousting Arch DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SCARLET DAWN WINDLEY and DEREK WILLIAMS for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 3833 Jousting Arch (GPIN 1484196909)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 PM. and 7:00 AM 3. No animals shall be released at the subject Site or within the neighborhood. 4. The applicant shall maintain the existing six (6)foot high privacy fence that encloses the backyard, such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation Facility are screened from view. 5. Pre-release cages, depicted on the Site Layout, shall be equipped with a double-door system for the protection of the handler and of the wildlife. 6. All wildlife kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 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 Eighteenth day of July, Two Thousand Seventeen. Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 1 r 1 _ 0. .1: * C \ \ 7"---,_ U , \ D %-i \ _ . . . , . . ., . , .. \ .• . ... \ ......... 7 , ( ) • •.,,.., , \ . ,.., ... s----\------) , . . . • , ... .. • , ....---% * E \ 0_ \ 1, ;. ' .. . , \ . . ., . \ . . . , ... N • I .. ......, ,,,,,,,,,,,..„......,...--"--"-;:s I • ,..._ .,, -----... _____.-- 2 ---..., .._. ... _ .. --------- - / / /-N., / ....... . . , .__ .._____ .__:......___.._.----- - ___---- -- ") N ,..... / \, , _ ...,,\ .7"/ \ \ 75 Item—VI-L3 PLANNING ITEM#67248 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, AS AMENDED, BY CONSENT: Ordinance upon application of MUHAMMAD RABBANI and GUARDIAN PROPERTIES II, LLC for a Conditional Use Permit re Motor Vehicle Sales at 801 South Lynnhaven Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MUHAMMAD RABBANI and GUARDIAN PROPERTIES H, LLC for a Conditional Use Permit re Motor Vehicle Sales at 801 South Lynnhaven Road (GPIN 1496249644)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Vehicles `for sale"shall be limited to no more than twelve (12) on the Site. Vehicles "for sale" shall be located only in the areas designated as "motor vehicle display area"on the submitted exhibit within the Staff report entitled, "Proposed Site Layout —Prepared by Staff" 2. Signage for the Motor Vehicle Sales use shall be limited to: a. No signage shall be located on any fence or on the exterior surface of the Sales Office; b. No new freestanding sign shall be permitted. Signage for the automobile sales use shall be limited to only a portion of the one freestanding sign permitted for the entire Site; c. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. d. Any changes to existing signage on the Site requires a separate Permit from the Department of Planning and Community Development, Zoning Office. 3. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the Site. There shall be no signs or markings on the vehicles advertising the vehicles 'for sale"or their prices. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted,. All vehicles shall be in working order. 5. A Landscape Plan shall be submitted during the Site Plan Review process that reflects the plant material and placement required for the display area for motor vehicle sales. The landscaping shall meet the standards set forth in the Virginia Beach Landscape Guide. Additional landscaping shall be installed along the frontage of South Lynnhaven Road, and at the corner of South Lynnhaven Road and Bow Creek Boulevard as recommended by the Development Services Center's Landscape Architect. The Plan shall be submitted to the Development Services Center for review and approval as deemed appropriate by the Landscape Architect. Approval for the Landscape Plan shall be obtained prior to issuance of the business license for operation of the auto sales business. 6. No automobile repair or body work shall take place on the site. July 18, 2017 76 Item—VI-I.3 PLANNING ITEM#67248 (Continued) 7. Prior to the use of the `proposed shed"as the sales office, and prior to the operation of the automobile sales use on the site, the applicant shall obtain a Certificate of Occupancy for the shed. The shed shall be required to meet all requirements of the Building Code. 8. The existing fence on the property shall be replaced with a minimum of six (6)feet in height, solid fence. The new fence shall be relocated to the West of the shed/sales office building and shall be located the entire length of the property, beginning from the southwest corner of the convenience store building and running to the southern property line. 9. The dumpster shall be relocated so as to not encompass required parking spaces and shall be properly screened, as per the standards of the City of Virginia Beach Landscape Guide. The dumpster and required screening shall be located no closer than twenty(20)feet from any property line adjacent to a street. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, this Eighteenth day of July, Two Thousand Seventeen. Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 ...01. 4- ......._.........., , V \ 1 k \A i (SI •.\\ 1 I ...,,:\ IL M \ \\ \ I I ii k .... -- ---------___-----.-.---- . 10400aVen Road __________ , __ __ ._ • _______-_-_-_-____".. ...ill..." • Nik . t , _... . ..,„ I ''., •-,,, . , , M-------i , , ,,, ,,,. :.._ ..• . ______ c , ;-----\ 0 . , . , . . ._ ..__._ . _ . .....„. L . k, ..11 \\ 0 . %Np. _______• .. • ,i----- ..1,_ ,....._.ocr4.3.• i ._ a _____, (It . _____, __. .•,,. .. \ c.--A 6-1 . . Illi,, 9, 6 in ?,....li . ... _, tl ,' • -'-',-,,.. ..--8 • —1 i r--- 1 1 1,_,--i 1 i \ co r„,, If v. 84 . [ Ni. L li girsil it Cies .. 1 , 140 i t,• r-te : , 1 1\li.. \l, -----, 7----T, r._, . • 1---1 .. , .,,. .:_. Lj 77 Item—VI-I.4 PLANNING ITEM#67249 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, and CONDITIONED, BY CONSENT: Ordinance upon application of DAVID C. BROSIUS and NELL TURNER for a Conditional Use Permit re Automobile Repair Garage, Motor Vehicle Sales, Service and Bulk Storage Yard at 73 South First Colonial Road DISTRICT 6—BEACH IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DAVID C. BROSIUS and NELL TURNER for a Conditional Use Permit re Automobile Repair Garage,Motor Vehicle Sales,Service and Bulk Storage Yard at 73 South First Colonial Road (GPIN 2407748915) DISTRICT 6 —BEACH The following conditions shall be required: 1. A separate Permit from the Planning and Community Development Department / Zoning Office is required for any new signage installed on the Site. 2. There shall be no signs in excess of four(4)square feet installed or displayed on the exterior or interior of any window or on the building. 3. There shall be no banners, decorative pennants,feather flags, streamers, air dancers, inflatables or other similar advertising items located on the Site or on any of the vehicles on the property. 4. No outside storage or display of equipment,parts, or materials shall be permitted. 5. No tires, merchandise, or parts for sale shall be displayed outside. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted, with the exception of wrecked vehicles as noted in Condition #7 below. 7. Any vehicle towed to the bulk storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five(5)business days of arrival at the site. Vehicles that are in a state of obvious disrepair shall be stored on a temporary basis of no more than ninety(90)days per vehicle, within the depicted Bulk Storage Yard. No such vehicle shall be permitted to be stored elsewhere on the site. 8. All motor vehicle repair work shall be performed inside the building. 9. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 10. There will be no more than four(4) vehicles displayed for sale on the site. The vehicles will be parked in the area designated "Vehicle Display Area." 11. No vehicles for sale or rent shall be parked and/or displayed within any portion of the public rights-of-way or within the first five(5)feet abutting the public rights-of- way. July 18, 2017 78 Item—VI-L4 PLANNING ITEM#67249 (Continued) 12. The entire parking lot must be striped in accordance with City Code requirements and the Americans with Disabilities Act regulations. All parking spaces and display areas must be clearly delineated on the final Site Plan. 13. All lighting shall be directed inward and shall not reflect toward the adjacent properties and public rights-of-way. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, this Eighteenth 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 Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None July 18, 2017 ,_____, L...i al, 01 -13- 1LICI :/// /C9 u) IX OCA r OC lo / ii 0 1 17 HI 'Eil I.. rr ,,,,,,,/.. A.. , 2 /-z/ An I I _____--- __.:s ... , 013 % Ca 1 -- _ cp 11 --,_ Ca m 1-7 73L0 J 117 A o----- ikNiko L_ z___j V" CNI NO- real I 7 0 c7 1J- 0. f (13 111D 1 , , i , • L I ti i — --J E L [—.3a. L.: l L.` r Imo—=-, siL { L—Th 0 is 1 71 1 .1 —1r7 \--AA L2),11 _____, ___ _., . L-- -, -3 , , ____, _ __, .___,, r - - _ _ ------7 - (Nt\ r e MI d - , ril S7111L-----r 1 \ f I (j� �r � � \ i a�40141.A• BEA„ City of Virginia Beach R R q9t 0E 5 Op OUR NA1,�N VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 In Reply Refer to 0060984 FAXwsessom5699 8O,757)�, .com July 18, 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 David C. Brosius for a conditional use permit for property located at 73 S. First Colonial Road and owned by Nell Turner. 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 22°a Street in Virginia Beach, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, William D. Sessoms Mayor WDS/RRI 79 ITEM VI-J APPOINTMENTS ITEM#67250 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION HUMAN RIGHTS COMMISSION RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC July 18, 2017 80 ITEM VI-J APPOINTMENTS ITEM#67251 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: LAURA HABR Unexpired term thru 10/31/2018 GREEN RIBBON COMMITTEE Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 81 ITEM VI-J APPOINTMENTS ITEM#67252 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: MADELEINE PENREE SEAN DIMENT (Senior Students) One year term 08/15/2017—06/30/2018 HISTORIC PRESERVATION COMMISSION Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 82 ITEM VI-J APPOINTMENTS ITEM#67253 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: BRIAN HARKAN ED HOPPER OLGA TORRES SABRINA WOOTEN Two year term 07/18/2017—05/31/2019 and REAPPOINTED KELVIN ARTHUR BAROT HARSHAD SHEILA JOHNSON MICHAEL LANCASTER Two year term 06/01/2017—05/31/2019 HISTORIC PRESERVATION COMMISSION Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 83 ITEM VI-J APPOINTMENTS ITEM#67254 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: LISA MURPHY Four year term 09/01/2017—08/31/2021 VIRGINIA BEACH DEVELOPMENT AUTHORITY Voting: 11-0 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 18, 2017 84 Item-VI-M ADJOURNMENT ITEM#67255 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:38 P.M. / / I, JI , I • ,n,a i . ey :arnes,MMC Chief Deputy City Clerk ' ' Rut odges Frase,.MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia July 18, 2017