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01-16-2018 MINUTES
Vg., it ops; 4: ^ 4i:' s`e VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 16, 2018 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the 2040 VISION TO ACTION COMMUNITY COALITION - Update in the City Council Conference Room, Tuesday, January 16, 2018, at 3.:00 P.M. Council Members Present: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Vice Mayor Louis K Jones arrived late 2 CITY COUNCIL'S BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION- Update ITEM#67719 3:00P.M. Mayor Sessoms welcomed Joe Voorhees, Chair — 2040 Vision to Action Community Coalition. Mr. Voorhees expressed his appreciation to City Council for their continued support: VIRGINIA ` , BEACH.. 2340 ::.:!. i /r. • . 1 4 j;1'• , "The future of Virginia Beach in our region" Vision to Action Community Coalition City Council Update January 16, 2018 City Council endorsed the 2040 Mission and the focus is to communicate and educate regional bodies with active engagement: Vision to Acti. crJrri 1 L Communicate Education&Engagement Feedback Eli , Plans,and valuation DecisionsofPocies . Educate January 16, 2018 3 CITY COUNCIL'S BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION- Update ITEM#67719 (Continued) Below are VTACC 2017 Goals—Accomplishments. The three (3)goal areas remain Community Outreach, City Accountability and increase Membership: VTACC 2017 Goals - Accomplishments 1. Community Outreach MEDAC VA Beach GrowSmart . Bayfront Advisory Committee • 4th Precinct Citizen Advisory Committee • Shore Drive Community Coalition • Lynnhaven River NOW Seatack Community Civic League • VA Beach Council of Civic Organizations In 2017, VTACC hosted numerous speakers, both City Staff and partners of the City, in an effort to understand how the Department's Vision tied in with the 2040 Vision: 1. Community Outreach - Guest Speakers Andy Freidman and Karen Prochilo,Va Beach Housing Study Kathy Warren,Burton Station SGA Plan Update Kate Pittman,ViBe District Ashby Moss,Pembroke SGA Plan Update and Resort Form Based Code Thomas Johnson,commercial and residential mixed-use development Dr.Aaron Spence,full day kindergarten,pre-K Expansion Plans and Student Discipline Taskforce initiatives Brian Solis, SGA Office,Transit Planning Update Aislyn Hughes,S.T.I.R,City's Strategic Goals Model Nina Goodale-Salazer,The Arts Mean Business Gary McCollum and Bruce Smith,Disparity Study January 16, 2018 4 CITY COUNCIL'S BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION- Update ITEM#67719 (Continued) VTACC will continue to use Open Performance Portal and the Mid-Year Progress Report to track the "Scorecard"model: VTACC 201 7 Goals - Accomplishments 2. City Accountability • Identify a Vision 2040"Scorecard"model Use Open Performance Portal to monitor Scorecard progress 3. VTACC Membership • Increase membership to 20 • Recruit members that complement City demographics Below is the VTACC Membership: VTACC Membership Joe Voorhees,Chair Cindy Arocho,Vice Chair Georgia Allen Peggy Layne Jason Barney Edwina Bergano Carol Curtis Erica Cuffee Daniel Edwards Kyle Korte Karen Kwasny Martha McGlees Cheryl Snowden Jeneter Snyder Joashua Shulman Robert"Bob"Magoon David Weiner Danielle Jarvis Leanne Aaby Diverse Engaged ✓ Average monthly meeting attendance 75% ✓ 2+VTACC members at each community presentation 6 January 16, 2018 5 CITY COUNCIL'S BRIEFING 2040 VISION TO ACTION COMMUNITY COALITION- Update ITEM#67719 (Continued) Below are the 2018 Goals. VTACC would like to develop a Social Media presence,possibly host a Vision Partner Forum and quantic the "Scorecard": VTACC 2018 Goals Community Outreach t Make at least 16 community presentations t Continue to have community stakeholders as presenters • Establish Social Media presence t Host a Vision Partner Forum City Accountability Develop a Vision 2040"Scorecard" t Use Open Performance Portal to monitor Scorecard progress VTACC Membership t Maintain active membership at 20 Each element and bold step is important and interrelated in reaching the 2040 Vision. VTACC believes to be in sync with the City's Strategic goals model and can be an asset in painting the dynamic picture of the City's future as 2040 will be here in what will feel like "a blink of an eye": From Vision to Reality... f.awulry E.Nn.wnr Active C.w..ab. Lefmrk tAtoit! Mat LNabI. Ce..rvd . Co..tal Commu c.__.., - In the worts..... nmi Lamm, 111.1FM 1144,1rAYi4,k Mayor Sessoms expressed his appreciation to Mr. Voorhees and the entire VTACC membership for all of their hard-work and dedication to the City. January 16, 2018 6 CITY MANAGER'S BRIEFINGS ADOPT-A-DRAIN PROGRAM ITEM#67720 3:10 P.M. Mayor Sessoms welcomed Melanie Coffey, Permit Administrator—Public Works. Ms. Coffey expressed her appreciation to City Council for their continued support: Implementation VB of the Adopt-a-Drain Program Public Works Stormwater Management Brief to City Council Cay of Virginia Beach Adopt a Drain Program Here is an Overview of today's Brief Overview •What is the Adopt-a-Drain Program •Program Goals •Connection to other City programs •Potential Impacts ■How it Works ■Next Steps January 16, 2018 7 CITY MANAGER'S BRIEFINGS ADOPT-A-DRAIN PROGRAM ITEM#67720 (Continued) This Volunteer Program PROMOTES Stormwater Awareness: What is Adopt-a-Drain? Volunteer Program to Promote Stormwater --y > Awareness - ��• •Pledge to keep adopted drains clear of debris . •Sediment.leaves.and trash Before •Residents can adopt drains using a mapping tool •More than 40.000 drains available for adoption •Clear debris at least B times per year •Report pollution and maintenance needs to the City ti Aher This program SUPPORTS the Stormwater Program: Program Goals Supports the Stormwater Program • MS4 Permit Requirements • Public Education • Reporting pollution • Inspections and Maintenance of Assets • Opportunity to regularly inspect adopted drains • Resources for reporting pollution and maintenance needs that may nut have been found until the next City inspection January 16, 2018 win 8 • CITY MANAGER'S BRIEFINGS ADOPT-A-DRAIN PROGRAM ITEM#67720 (Continued) Connection to Other City programs •Storm Drain Marker Program •Goal is to promote stormwater pollution prevention awareness •The City has implemented this program for more than 12 years •Volunteers have placed more than 9.00D markers across the City ■Adopt-a programs • Highway - • Park . Spot178111117. > C/�► ._ �W • Street , - c,‘- • ,P• Trail iPWEST/ • Waterway Storm drain markers for Virginia Beach watersheds. Here are the Potential Impacts for Pollution Prevention: Potential Impacts Pollution Prevention q �rivi :! iMO- "'( 111P- •The best way to address stormwater ..E pollution is to prevent it in the first place. le •The Adopt-a-Drain program gets residents engaged with the City in \11 - • reducing stormwater pollution by addressing one source: Storm drains • wwwdeonwotemn.org/odopta.drain/ • • • • • • January 16, 2018 9 CITY MANAGER'S BRIEFINGS ADOPT-A-DRAIN PROGRAM ITEM#67720 (Continued) Here are the Potential Impacts and Savings to the City: Potential Impacts Savings to the City , 0 ;,-.7z •For each storm drain adopted.the City can measure one hour of volunteer time per year. •Potential to increase the Public Works Department volunteer hours by nearly .__--_—..— 50% •This increase is equivalent to a savings of more than$35,000 to the City. --. ' – __ 6 Potential Impacts Localized Flooding •Although drains blocked by debris are not the primary cause of flooding in the City,the Adopt- g - a-Drain program can help reduce localized flooding where heavy debris accumulation may have caused a blockage. - •Awareness of local storm drains,education on " '-' their function,and promotion of resources for �— ' 41.,r.7-- reporting issues will allow the City to address 'P.,' -' pollution and maintenance needs sooner. - Completely blocked storm drains in a Virginia Beach neighborhood. -4011101111 —_ . 0 t ' January 16, 2018 10 CITY MANAGER'S BRIEFINGS ADOPT-A-DRAIN PROGRAM ITEM#67720 (Continued) The web-based map tool is responsive and mobile friendly to accommodate users across a range of devices: How it works Map Tool for Adoptions 11111111 • Public Works conducted research on several Adopt-a-Drain programs nationwide • Identified a Mapping Tool as the primary component of the adoption V iGJ process A Tracks total number of drains adopted A Displays adopted and mailable drains COD4Ay <N /> Search by location for drains AMERICA Name and view your drain 2,40 c J Volunteer Guidelines • Engaged our Information Technology Department to develop the map tool using Code for America/Code for Hampton Roads 0- The registration is simple, requiring only an email address, name, and password: How it Works Adopting a drain I Sign up to Adopt-a-Drain ? Search the map for storm drains • norm pre.M or enter a specific address. :"':;, Select and name the storm drain(s)you wish to adopt. Moo....y,a....o. January 16, 2018 11 CITY MANAGER'S BRIEFINGS ADOPT-A-DRAIN PROGRAM ITEM#67720 (Continued) Users can search with a specific address, zip code, or by moving the map. The map populates 25 drains at a time within the area displayed: How it Works Adopting a drain '._ �_ ml 2405`""'°`44°`"e p Sign up to Adopt-a-Drain i 2 Search the map for storm a p, 4 drains or enter a specific —�` C 9 P. address. _ " —_ s s, s 3 Select and name the storm ""— 8 9,x e ° s a drain(s)you wish to adopt. _ o £ ?..1 !P. 4 C itaoe`,. Q p Users can name their adopted drains. The program blocks profane names and prevents the user from adopting until the name is changed: How It Works Q Adopt this Drain Adopting a drain ® 9' Sign up to Adopt-a-Drain ., -,- Search the map for storm drains or o enter a specific address. o o P.o 3 Select and name the storm drain(s) . c A � o s-' 0 V fl you wish to adopt. 0 0 0 0 At 0 0 7 . January 16, 2018 12 CITY MANAGER'S BRIEFINGS ADOPT-A-DRAIN PROGRAM ITEM#67720 (Continued) Volunteer Guidelines provide safety tips, instructions for clearing the area around the drain and how to report issues to the City: How It Works Volunteer Guidelines •Stay Safe to drains adopted In VB •Debris Removal •Report Issues to the City Em,,,,,,re,, .„,_„ •Call(757)385-1470 to report polution or maintenance needs What Does it Mean To Adopt a Drain? When you adopt a storm drain through the City of Virginia Beach Adopt-a-Drain programs,you are volunteering to keep your storm drain clear from debris,such as grass clippings,leaves,pine needles,sediment,and trash.By taking care of your adopted storm drain,you're helping to keep our local waterways clean and healthy. Stay safe Your well-being and enjoyment are important to the City.All volunteers are expected to conduct themselves in a safe,courteous and legal manner while participating in activities on City Property... Here are the Next Steps: Next Steps -\43 •Tool development completed early February 2018 •Internal testing February-March 2018 •Launch mid-March 2018 for promotion at springtime events across the City •News Release •Social Media Announcement Thank you for •Features available in March: adopting this drain! • Hap Tool for Adopt ion Pledge 0R • Track number of drains adopted • • Share actions on social media 0 • Welcome message sent to new adopters r•e.• 6 0 www-ww., 0— • 9_0 0..... January 16, 2018 13 CITY MANAGER'S BRIEFINGS ADOPT-A-DRAIN PROGRAM ITEM#67720 (Continued) Next Steps Future Expansion Opportunities •Video series:for sharing on social media channels •Giveaways:Window clings and other promotional materials •Weather notification:to adoptees to clear drains in advance of storms •Promotional opportunities •Earth Day •Great American Clean Up •askHRgreen Partnering •Organizational adopters •Businesses •Faith Based Organizations • • • Discussion MELANIE COEEEY I MCllf f-EY.=VBGUY.COM 13858593 Mayor Sessoms expressed his appreciation to Ms. Coffey and the entire Staff for all of their hard-work and dedication to the City. January 16, 2018 14 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 3:22 P.M. Mayor Sessoms welcomed Police Chief James Cervera. Chief Cervera expressed his appreciation to City Council for their continued support: Virginia Beach Police Department CompStat Report 2017 "In some jobs, success is measured by what doesn't happen." Edward A.Flynn The preliminary 2017 Clearance Rate for the City is 27.5%, with Violent Crime Clearance at 68.7: Virginia Beach Police Deparhrent PART I CRIME STATISTICS-2017 r,rl;m,n„tI Total Total Percent Percent %anal Actual Percent Clearances Clearances Cleared Cleared - rr 2016 2017 Change 2016 2017 2016 2017 Homicide -.. la .364% IS 14 xI 5% I,„ Rape 167 161 -1.F 170 129 101.E Robbery 264 21.4 '6 136 141 59.1% ,, Aggravated Assault 266 256 -10.5"a 22 2(17 75.0% 5.:0 Violent 739 715 -3.2% 567 491 76.7% 68.7% Burglary 827 73 -11.7% 177 178 21.4% 24.4% Larceny 8,.•t 7,625 -10.1% 1,983 1,862 23.4% 24.4% Motor Vehicle Theft 457 426 .65% 93 83 204% 19.9°6 Arson 70 12 I - ",.a11�� 2,264 __..-2.135 23.0',.MEM �K.p';�� 2.625 26.5 'MEE Date:01/11/2018 Source:UCR Part 1 Clime Reports. January 16, 2018 15 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) Below is a five(5)year snapshot of Violent Crimes: Virginia Beach Police Department Part I Crimes-Violent 2013-2017 5-Year, Type 2013 2014 2015 2016 2017 %Change Criminal Homicide' 17 IB 19 22 14 -17.6`% Forcible Rape' 161 166 147 167 161 0.0% Robbery 306 256 269 264 284 -7.2% Aggravated Assault 266 278 236 286 256 -3.8% Total Violent Crime 750 718 671 739 715 -4.7% VIOLENT CRIME RATE PER 1 POPULATION ® ®.111 Date Created:01/11/2018 Source:OCR Part I Crimes Report.Population statistics provided by Weldon Cooper Center. 'Values for 5-Year percent change reflect the percent change between 2013 and 2017 numbers. '2014 Homicide totals may not match previously released numbers due to a reclassification of a homicide based on a Medical Examiners report in March 2015. 'In 2013,the F81 expanded the definition of rape to include 114,11B,and 11C. The City has a very low number of residential and commercial burglaries for a City this large: Virginia Beach Police Department Part I Crimes-Property 2013-2017 5-Year' Type 2013 2014 2015 2016 2017 %Change Burglary 1,388 1,023 926 827 730 -47.4% Larceny 9.326 8,368 8,600 8,480 7,625 -18.2% Motor Vehicle Theft 428 345 402 457 426 -0.5% Arson 103 62 93 70 51 -50.5% Total Pro. r Crime 11245 9798 10021 9834 8832 -21.5% PROPERTY CRIME RATE PER 1,000 POPULATION®'®®®M EN Date Created.01/11/2018 Source:UCR Part I Crimes Report.Population statistics provided by Weldon Cooper Center. 'Values for 5-Year percent change reflect the percent change between 2013 and 2017 numbers. January 16, 2018 16 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) The total Part 1 Crime Rate for 2017 is 21 crimes per 1,000 citizens, which is about the same crime rate as during the mid 1960's: Part I Crime Rate per 1,000 Population—1960 to 2017 70.0 60.0 500 400 300 r. 700 100 f /y 0.0 Chief Cervera praised the Police Department for exceeding the National Average of Violent Crime Clearance Rate by almost double: V.B. Part 1 Violent Crime Clearance Rate vs. U.S. Part 1 Violent Crime Clearance Rate 900 800 70 0 600 II. 50A ��♦ - I♦ —VBoant Vas IC a00 fes/ ♦ � ♦�� ♦ ��. �� Osannees l%1 300 - .. --—u.s.Pon a Vkark flim Osemtnl%1 100 100 -- 00 NM Violent Crinin intludecriminalbomicide.lorciblerape,robbery,and aggravated assault. January 16, 2018 17 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) V.B. Property Crime Clearance Rate vs. U.S. Property Crime Clearance Rate 35.0 — 30.0 25.0 va Jun 1 PT(.1. ose.vr• 15.0 <m....OP 100 SD OD p ,y tiK' 4' ,y, ,56 5, 5, Pant Property Crimes I ncludeburglary,lamen,motor venicl ethers.and anon. Below are the total arrests for 2017: 2017 Totals of Adults and Juveniles Arrested Adults %Of Juveniles % Classification Arrested Total Arrested Taal Taal Criminal Homicide: Murder and Non•Negligent Manslaughter 16 842% 3 15.8% 19 Manslaughter by Negligence 2 100.0% 0 0.0% 2 Forcible Rape 57 86.4% 9 13.6% 66 Robbery 116 73.4% 42 26.6% 158 Aggravated Assault 143 94.7% 8 5.3% 151 Burglary 81 62.3% 49 37.7% 130 Weapons-Carry,Possess 280 92.4% 23 7.6% 303 Sex Offenses 58 84.1% 11 15.9% 69 GRANO TOTAL tau r[o Rnrol OCR Nrett Rayons January 16, 2018 18 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) 2005 to 2017 Comparison Uniform Total UCR Total Traffic Year Patrol CFS Arrests Summonses 2005 193,794 28,750 42,440 2006 199,653 29,851 45,430 2007 202,253 31,372 53,010 2008 200,360 31,049 54,423 2009 196,716 27,303 44,785 2010 196,626 26,811 41,031. 2011 195,156 26,432 37,186 2012 187,884 25,749 36,907 2013 179,974 24,155 35,428 2014 176,474 23,210 30,984 2015 173,451 20,424 26,780 2016 178,929 19,297 27,161 2017 173,602 19,485 23,849 %change -10.4% -32.2% -43.8% 05 to 17 Source:2005-2016Pol ice Annual Reports;2017 CADSCurr,ArStats,UCR Reports The City has seen a 45%reduction of Violent Crime between 2005 and 2017: 2005 to 2017 Comparison Parti PartI PartI violent Property Crime Year Crime Rate Crime Rate Rate 2005 2.9 30.8 33.8 2006 3.2 29.5 327 2007 2.8 29.6 32.4 2008 2.5 29.1 316 2009 2.3 30.5 32.7 2010 2.0 30.3 32.3 2011 1.9 27.7 29.6 2012 1.9 26.4 28.3 2013 1.7 25.0 26.7 2014 1.6 21.7 23.3 2015 1.5 22.1 23.6 2016 1.6 21.7 23.3 2017 1.6 19.5 21.0 %change -44.8% -36.7% -37.9% OS to 17 Source:2005-2016 Police Annual Reports;2017 CADSCurr,ArStats,UCR Reports January 16, 2018 19 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) Sandbridge had a 76%reduction of Larcenies in 2017: Sandbridge Larcenies Offense Description 2016 2017 %Change Larceny,All Others 23 11 -52.2% Larceny,From Building 17 3 -82.4% Larceny,From Motor Vehicle 59 9 -84.7% Larceny,Shoplifting 1 1 0.0% The map below shows the areas with the highest number of violent crimes committed. There are two (2) areas in particular; Western Bayside and the Oceanfront. In Western Bayside, the density is very high and, at the Oceanfront, where the area is specifically located between 16`h and 24th Street. There has also been an uptick in and around the Holland Road corridor: AOP4041) t -_ 41•44....41, Z 10016106:„......44 .. 1111?1�1Noli,0:.) thh. +, 2017 Violent Crime Density January 16, 2018 20 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) The map below shows the areas with the highest number of robberies. Again, the Oceanfront is an area of concern and contributes the problems to the large number of alcohol establishments: tall7f tok 10441111g -401 'Nam NIRO 401 2017 Robbery Density i iP! .4% t • 4:>ft - INK* 2017 Residential Burglary Density January 16, 2018 21 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) The Crisis Intervention Team's workload decreased in 2017 with just over 16,400 man hours spent for 2017: • • • • Virginia Beach Pollee Department Crisis Intervention Team Workload 7016 7D17 Percent Change Number of Calls 4,223 3,360 -20.44% Number of Officer Instances 12,301 10,659 -13.35% Total Call Hours 8,984 Hours 34 Minutes 7,937 Hours 35 Minutes -11.65% • Total Officer Hours Consumed 18,333 Hours 57 Minutes 16,473 Hours 47 Minutes -9.24% Average Call Time(Hours) 2 Hour8 Minutes 2 Hours 22 Minutes 11.04% Average Mours per Officer 1 Hour 19 Minutes 1 Hour 33 Minutes 3.69% Note:CIT call types include Crises Intervention Event,Mental,Temporary Detention Order,Emergency Custody Order and Suicide Attempt.Includes all divisions. Created on 01/11/2018 Citizen Contacts Citizen Contacts 2015 2016 2017 Total Calls for Service 173,451 Ellint,m =1 UCR Adult Arrests 19,042 17,933 18,307 UCR Juvenile Arrests 1,382 1,364 1,178 Total UCR Arrests 20,424 19,297 19,485 Total Field Contacts �.�� 8,226 Total Uniform Patrol Traffic Sto•s MMI 69 749 69,438 All Moving Violations 24,604 25,066 21,761 All Non-Moving Violations 20,936 17,810 19,800 Total Violations 45 40 42:76 41 61 Created 1/11/2018 Source:PISTOL-UCR Arrests&Field Contacts,CADSCurr,ArStats January 16, 2018 22 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) The total number of incidents involving Use of Force for 2017 was 654; however, 76.3%were "contact controls": Use of Force Use of Force 2017 Total Number of Incidents involving UOF* 654 Taser pointed UOF reports by individual Officer 53 Taser discharges by individual Officer 27 Firearms pointed at human* 59 Firearm discharged at human by individual officer' 3 K9 Apprehensions with Force 15 *Incidents may involve more than one officer 'All from OIS on Ohio Ave. Without Incident Encounters Without Incident Encounters 2017 Officers encountered a subject with a handgun in hand 4 Officers found a firearm(this includes handguns and assault rifles)nearby or on their person 7 Officers encountered a subject with a knife in hand 4 Total Encounters: 15 Total weapon law violation charges - 818 January 16, 2018 23 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) The Department continues to improve relationships with the community and the numbers reflect that effort: 2017 Summary Citizen Contacts 270,751 Use of Force Incidents 654(0.241%) Citizen Complaints Related to UOF 17(0.006%) The City is the only one in the region that provides a full-time Prescription Medication Take Back Program. In 2016 the City collected and disposed of 1.5 tons of prescription medicine: Prescription Medication Take Back Program Collection Totals: > 2015:1227.5 lbs t;i > 2016:2585.5 lbs -!n > 2017:3138.5 lbs • Collection containers are located in all four precincts and utilize single-use plastic bins,which decrease the risk of exposure to personnel and increase security0111. 156 bins/year @$21.45/each=$3346/year Sharps containers are attached to the side of each collection container for the safe collection and disposal of needles r 44 containers/year @$10.77/each=$473.88/year All medications are safely disposed of by DEA-approved incineration,free of charge January 16, 2018 24 CITY MANAGER'S BRIEFINGS ANNUAL CRIME STATISTICS ITEM#67721 (Continued) Questions? H,I Mayor Sessoms expressed his appreciation to Chief Cervera and the entire Department for a job well done. January 16, 2018 25 CITY MANAGER'S BRIEFINGS CONVENTION CENTER COMPLEX-Parking ITEM#67722 3:51 P.M. Mayor Sessoms welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to City Council for their continued support: 1/13 Virginia Beach Central Beach Entertainment 11111 District Parking Analysis Virginia Beach City Council Informational Brief January 16,2018 Here is an Overview for today's Brief Today's Overview • Resort Parking Overview • Convention & Sports Center Parking • Dome Site Parking • Pier Parking • Next Steps January 16, 2018 26 CITY MANAGER'S BRIEFINGS CONVENTION CENTER COMPLEX-Parking ITEM#67722 (Continued) The Resort Area Parking Strategy study began in 2013 and provided a series of recommendations: 4111114/00* flearr * iso . ::, 411, � air itit itletr The Resort Area Parking Strategy identified seven (7) districts with distinct challenges: Resort Area Parking Strategy Districts • Building on the Resort Strategic Action Plan, the 2013 Resort Area Parking Strategy identified seven parking districts in the Resort Area and the Convention Area. • Each parking district was identified by considering the parking challenges unique to each district. January 16, 2018 27 CITY MANAGER'S BRIEFINGS CONVENTION CENTER COMPLEX-Parking ITEM#67722 (Continued) This "Park + Baseline Scenario" is predicated on two (2) things that drive parking; the proximity of parking to the event as well as costs: Park + Baseline Scenario k f r ..E it �.. �y ti.. - f/ �1 ,_yam__ 1✓/ �� 11g1f�r.lM_r _ L11 �� III L �ilalailm� (�r,. * .5 A% J s4 Most consumers are willing to walk 1/4 mile or equivalent to a 5 minute walk: Walk Distances— Highlighted Projects 4 . \ 1 I 1 f 1 —f p / _ \ / • T 1`•4---'.1'' I Maximum Acceptable Walking Distance From Parking ? January 16, 2018 0" VNINNIONt 28 CITY MANAGER'S BRIEFINGS CONVENTION CENTER COMPLEX-Parking ITEM#67722 (Continued) Park + No Build Scenario — New Uses �0�, _ �:-.7::::\_�' .�3� i' Imo.. ,.._,. i. will 4 I"_ - Should concurrent events be held at the Convent and Sports Center there would be a negative -589 parking spaces available: Event Peak Parking Demand Convention and Sport Center Event Spaces Required On-Site Parking Surplus/Deficit Medium Convention 1,000 Center Sports Center Event 600 Concurrent Events 1600 611 Large Convention Center 2,200 Sports Center Event 600 Concurrent Events 2,800 -589 2,211 Spaces exist currently at the Convention Center *Numbers based on Park+Modeling and 2017 Actual Counts at CC January 16, 2018 29 CITY MANAGER'S BRIEFINGS CONVENTION CENTER COMPLEX-Parking ITEM#67722 (Continued) Park + Build Scenario — Sports Center • -=--= ravim. The cost estimate for surface lots at convention and sports center is approximately$7-Million for just over 1,200 spots: Cost Estimate for Surface Lots at Convention and Sports Center • 1275 New Spaces • $5,500 construction cost per space • $7,000,000 * No land acquisition required January 16, 2018 30 CITY MANAGER'S BRIEFINGS CONVENTION CENTER COMPLEX-Parking ITEM#67722 (Continued) The Dome Site Estimates is a range of 1,500-2,300 spaces (Study Pending): Dome Site Estimates (Study Pending) 1500-2300 Spaces ._`t ' ' air DOME SITE ANEW STAUV FOR Fk7FRTAiNNFN1 The Pier Project Estimates is a range of 700—900, including 175 public spaces: Pier Project Estimates (Study Pending) 700-900 Total (Includes 175 Public) 6i i `` • January 16, 2018 31 CITY MANAGER'S BRIEFINGS CONVENTION CENTER COMPLEX-Parking ITEM#67722 (Continued) • tIt, t I I I I p y t • Maximum Acceptable Walking Distance From Parking Below are the Next Steps: Next Steps (January — March) • Sports Center: Finalize plans for new surface lots on City-owned property • Dome Site: Initiate Parking Demand Study for the Dome Site development • Pier Project: Determine opportunity for public parking through Parking Demand Study Mayor Sessoms expressed his appreciation to Mr. Williams and everyone working on this very important project. January 16, 2018 32 CITY MANAGER'S BRIEFINGS TIP FUND- Update ITEM#67723 4:21 P.M. Mayor Sessoms welcomed David Bradley, Director — Budget and Management Services. Mr. Bradley expressed his appreciation to City Council for their continued support: visVirginia Beach fits. Tourism Investment ' ` .`rte Program — TIP Fund David Bradley Sp -. t: Director of Budget and Management Services %i. Here is the Background regarding the Tourism Growth Investment Fund (TGIF). City Council merged the TGIF and Major Projects into the TIP Fund: Background FY 1992-93 Council established the Tourism Growth Investment Fund(TGIF) FY 2001-02 Council established Major Projects Fund Dedicated revenues for rebuilt Convention Center,Sandler Center and parking lot expansion for Aquarium. FY 2011-12 Council merged TGIF and Major Projects into TIP Fund 2 January 16, 2018 33 CITY MANAGER'S BRIEFINGS TIP FUND- Update ITEM#67723 (Continued) Here are the Revenue Dedications to the TIP: Revenue Dedications to TIP Cigarette Tax(per pack) 5¢of tax rate Amusement Tax 100%of tax rate Hotel Tax 4.5%of tax rate Hotel Tax-Beach Events .5%of tax rate Hotel Flat Tax 51.00 per night Restaurant/Meal Tax 1.06%of tax rate Mr. Bradley provided three(3)spreadsheets that are attached hereto and made a part of this record. The first spreadsheet provides a summary of fund projections as of July 1, 2017. The second spreadsheet provides a summary of the fund minus the arena project. The last spreadsheet provides a summary of fund projections. Mayor Sessoms expressed his appreciation to Mr. Bradley for providing this information. 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A W !§� . � � # - 1 r,' ' � ' ``k ,! � § • �§ l2� 2 . \ F{`7 § ' ;■ | . . . F§ , ;..!m .t } ; Dl � ; ; %` coa 1=22 8 f2\/ & \ 3 /' 419 § — f ! $ k \ } } iz \ ) \ / | | g § k — 5 § . !! § 1 \ \ � t. \ :;,,- F... ) ) \| } ! } ( z7! ! kt f} ƒj! \ ( LZ k \ () \ /kk E - ; f | T - ■ S = J � a ! ( l2fa : 44 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 16,2018 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,January 16, 2018, at 6:00 P.M Council Members Present: Jessica P. Abbott, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms,Jr., Rosemary Wilson,John E. Uhrin and James L. Wood Council Members Absent: M. Benjamin Davenport Death in family INVOCATION: Reverend Cameron Randle Eastern Shore Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Ace), 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. January 16, 2018 45 Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to he 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 idents any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a "personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. January 16, 2018 46 Item—VI-E CERTIFICATION ITEM#67732 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M. Benjamin Davenport January 16, 2018 47 Item -VI-F MINUTES ITEM#67733 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of January 9,2018. Voting.. 9-0 Council Members Voting Aye: Jessica P. Abbott, 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 Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: Al. Benjamin Davenport January 16, 2018 48 ADOPT AGENDA FOR FORMAL SESSION ITEM#67734 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 16, 2018 49 VLH MAYOR'S PRESENTATION ITEM#67735 DARCY WARREN—MUSCULAR DYSTROPHY ASSOCIATION Mayor Sessoms welcomed Darcy Warren. Ms. Warren expressed appreciation to the Virginia Beach Fire Department, Virginia Beach Professional Firefighters Local 2924, the Citizens and Mayor and City Council for their continued support over the years of"Fill the Boot" campaign. The Muscular Dystrophy Association has raised money to help with the cure and/or treatment of musical dystrophy and like diseases and is happy to report significant advances have been made in the past few years. Mayor Sessoms thanked Ms. Warren and everyone working on this great cause. January 16, 2018 50 Item - V-I PUBLIC COMMENT ITEM#67736 Mayor Sessoms OPENED THE PUBLIC COMMENT: PROPOSED PIER PROJECT The following individuals registered to speak: Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605, spoke in OPPOSITION Bob Mandigo, 121 Gallant Fox road, Phone: 288-7242, spoke in SUPPORT. Linwood Brach, spoke in SUPPORT Chris Stone, spoke in SUPPORT Tim Worst spoke in OPPOSITION. R.J. Nutter spoke in SUPPORT Gerard Fantano, 3245 Winterberry Lane, Phone: 375-7536, spoke in OPPOSITION. Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in OPPOSITION. Dane Blythe, 2004 Oake Leap Lane, Phone: 537-1700, spoke in OPPOSITION Nancy Parker, 573 23rd Street, Phone: 651-4848, spoke in SUPPORT David Nygaard, did not respond Virginia Wasserberg, 3881 Old Forge Road, Phone: 963-8679, spoke in OPPOSITION Jesse Wasserberg, 3881 Old Forge Road, Phone: 963-8679, spoke in OPPOSITION. Seth Connell, 5346 Headdress Court, Phone: 515-9825, spoke in OPPOSITION Dylan Lloyd, 1552 Hummingbird Lane, Phone: 515-0201, spoke in OPPOSITION. Diana Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION. Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Ken Chord, 3536 Club House Road, Phone: 340-6829,spoke in OPPOSITION. Barbara Messner, PO Box 514, spoke in OPPOSITION. Diana H Burke, 1023 Laskin Road, Phone: 428-8015, spoke in SUPPORT There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC COMMENT January 16, 2018 51 Item - VI-J.1 PUBLIC HEARINGS ITEM#67737 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCHANGE OF EXCESS CITY PROPERTY Oyster Leases The following individual registered to speak: Ken Chord, 3536 Club House Road, Phone: 340-6829, spoke in OPPOSITION. There being no additional.speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING January 16, 2018 52 Item - VI-J.2 PUBLIC HEARINGS ITEM#67738 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY 2305 Indian Hill Road The following individual registered to speak: Ken Chord, 3536 Club House Road, Phone: 340-6829, spoke in OPPOSITION There being no additional speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING January 16, 2018 53 Item- V1-K ORDINANCES/RESOLUTION ITEM#67739 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Agenda Items 1,2 and 3 Voting.' 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M Benjamin Davenport **VICE MAYOR JONES ABSTAINED ON ITEM#1 January 16, 2018 54 Item -VI-KI ORDINANCES/RESOLUTION ITEM#67740 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance declaring Oyster Lease #21051 to be in excess of the City's needs and authorizing the City Manager to exchange this lease for a portion of Oyster Lease #19788 from Brent James re Gills Cove Neighborhood Dredging Project Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Robert M Dyer, Barbara M. Henley, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: M Benjamin Davenport Council Members Abstaining: Vice Mayor Louis R.Jones January 16, 2018 1 AN ORDINANCE DECLARING 2 OYSTER LEASE #21051 TO BE IN 3 EXCESS OF THE CITY'S NEEDS AND 4 AUTHORIZING THE CITY MANAGER 5 TO EXCHANGE THIS LEASE FOR A 6 PORTION OF LEASE #19788 FROM 7 BRENT JAMES 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 Oyster Lease #21051 located in the Lynnhaven River ("Oyster Lease #21051"), more 11 particularly described on the Virginia Marine Resources Commission ("VMRC") map 12 attached hereto; 13 14 WHEREAS, the City acquired Oyster Lease #21051 as part of an acquisition of 15 approximately 140 acres for the Lynnhaven River Ecosystem Restoration Project (the 16 "Project"), a joint project between the City and the Army Corps of Engineers, for which 17 there is no current funding available; 18 19 WHEREAS, Brent James ("James") owns Oyster Lease #19788, a portion of 2 o which is needed for the Gills Cove Neighborhood Dredging Project; 21 22 WHEREAS, James has agreed to exchange a 2.85-acre portion of Oyster Lease 23 #19788 (the "James Oyster Lease Portion") and to make and certify annual oyster 24 propagation attempts on the remaining Project oyster leases so that the City remains in 25 compliance with VMRC leasehold requirements; 26 27 WHEREAS, James has also agreed to allow the City to utilize Oyster Lease 28 #21051, once exchanged, for its originally intended purpose of habitat restoration if it is 29 found by the Army Corps of Engineers and/or NOAA to be suitable for such restoration 30 at the time the Project is funded; and 31 32 WHEREAS, the City Council has determined that it is the best interests of the 33 City to complete the exchange. 34 35 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the Oyster Lease #21051 is hereby declared to be in excess of the needs of 39 the City of Virginia Beach and that the City Manager is hereby authorized to execute 40 any documents necessary to exchange Oyster Lease #21051 to James for the James 41 Oyster Lease Portion, in accordance with the Summary of Terms attached hereto as 42 Exhibit "A", and such other terms, conditions or modifications as may be acceptable to 43 the City Manager and in a form deemed satisfactory by the City Attorney. 44 45 This ordinance shall be effective from the date of its adoption. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day 48 of January 2018. CA14190 R-1 PREPARED: 1/3/18 \\vbgov.com\dfs 1\a pplications\citylaw\cycom 32\wpdocs\d020\p026\00442206.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY 111 111 110‘ go Ill PUBLIC WORKS, REAL ESTAT CI' Y ATTO-NEY EXHIBIT "A" SUMMARY OF TERMS PARTIES: City of Virginia Beach ("City") Brent James ("James") CITY PROPERTY TO BE TRANSFERRED TO JAMES: 7.98 acres of Oyster Lease#21051 JAMES PROPERTY TO BE ACQUIRED BY CITY: 2.85 acres of Oyster Lease#19788 CONDITIONS OF SALE • James will transfer a portion of Oyster Lease #19788 to the City of Virginia Beach and the City will transfer its interest in Lease #21051 to James. • James will execute a Consent to Dredge, which will allow the City to proceed with its dredging project until the transfer with VMRC has been finalized. • James will, at no cost to the City, attempt to propagate oysters on the City's Oyster Leases #21048, 21049, 21050, 21052, 21053 and 21054 each year, for ten (10) years, and certify to the City that such attempts have been made. • James and the City shall each be responsible for their own costs of transfer and survey, if necessary. • If the Army Corps determines that Oyster Lease #21051 is suitable for the Lynnhaven River Ecosystem Restoration Project, when that project is funded, James will allow the lease to be used for the project. e W in i i-.p N NN NN 1gN N ' l7 i0 i0 io to O A z-_._ �' ___----V-------- \ \____ \ Z N 1� N I� O z�e a 0 3 3 3 3 D W h fV fV i— Loil Kt lit ifs, M M M M M ZZZZ N N m gotppCU „, C N C d U) O // U 0) I e ;, a M - / �' w u a co O 0 4,41111 81 NJ 74.0.1 411 , E co Z .e i I --- !4,,,,....„ I i — , i -F" 4,4 ir- o t i, . ....,,,, ";`: WI 0 Jr e ,,,,,i 6 , , I........4, 9 co 6in 4 '1 N qq b . viiikk 10\1, d E co c a0 E le,Of X N E u r II 040 t ca . 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City of Vii irZia Beach 4-, SO �F DUR NAZ��N LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX: (757)588-4659 Refer to File No. 0062134 January 16, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance declaring Oyster Lease #21051 to be in excess of the City's needs and authorizing the City Manager to exchange this lease for a portion of Oyster Lease #19788 form Brent James. 2. I have an oyster lease on property located at 3902 Richardson Road in Virginia Beach. 3. I have chosen to abstain from voting on this item. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, 4*,;(2, • , Louis R. Jo+t. Vice Mayor LJR/RRI 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 55 Item -VI-K.2 ORDINANCES/RESOLUTION ITEM#67741 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE Temporary Encroachments into a portion of City right-of-way known as Wildwood Drive located adjacent to 1800 First Colonial Road re Colonial Arms Associates, LLC IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE Temporary Encroachments into a portion of City right-of-way known as Wildwood Drive located adjacent to 1800 First Colonial Road re Colonial Arms Associates,LLC The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area(the "Permit"). 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00,per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at January 16, 2018 56 Item-VI-K.2 ORDINANCES/RESOLUTION ITEM#67741 (Continued) least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. 9. It is further expressly understood and agreed that the shed will be removed within twelve (12)months of the date of this Agreement. 10. It is further expressly understood and agreed that because the Temporary Encroachments must conform to the minimum setback requirements, as established by the City and/or as provided by the City's Zoning Code, if the shed is not removed within twelve (12) months of the date of this Agreement, the Grantee must procure any permits or variances required by law for the Temporary Encroachments shown on Exhibit A attached hereto. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachments is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 1-7(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach this Sixteenth day of January, 2018. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M. Benjamin Davenport January 16, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY RIGHT-OF-WAY 6 KNOWN AS WILDWOOD DRIVE 7 LOCATED ADJACENT TO 1800 FIRST 8 COLONIAL ROAD 9 10 WHEREAS, Colonial Arms Associates, L.L.C., a Virginia limited liability 11 company, desires to maintain the existing 456.5 linear feet of fencing; 58 linear feet of 12 landscaping; and a portion of a 488-square-foot shed within the City's right-of-way known 13 as Wildwood Drive (the "Temporary Encroachments"). 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Colonial Arms Associates, 24 L.L.C., and its assigns and successors in title are authorized to maintain the Temporary 25 Encroachments consisting of the existing 456.5 linear feet of fencing; 58 linear feet of 26 landscaping; and a portion of a 488-square-foot shed, into a portion of the City's right-of- 27 way known as Wildwood Drive as shown on the exhibit entitled: "Exhibit 'A', FENCE, 28 SHED, AND LANDSCAPING ENCROACHMENT EXHIBIT FOR COLONIAL ARMS 29 APARTMENTS 11-07-17 VIRGINIA BEACH, VA #1800 FIRST COLONIAL ROAD 30 COLONIAL ARMS ASSOCIATES, L.L.C., DEED BOOK 2391, PAGE 1022 GPIN: 2408-52- 31 8755-0000", prepared by MidAtlantic Surveying and Land Design, a copy of which is 32 attached hereto as Exhibit "A" and is on file in the Department of Public Works and to 33 which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Colonial Arms Associates, L.L.C. (the 38 "Agreement"), an unexecuted copy of which has been presented to City Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Colonial Arms Associates, L.L.C. and the City Manager or his authorized 46 designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h 49 day of January 2018. CA14188 R-1 PREPARED: 12/22/17 \\vbgov.com\dfs 1\ap pl ications\cityl aw\cycom 32\wpdocs\d019\p025\00441884.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: mr, • s. 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PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this .15"-S 'day ofTGQ,NM1/4GQ' , 201 T , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and COLONIAL ARMS ASSOCIATES, L.L.C., a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee'. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A"; as shown on that certain plat entitled: "SURVEY OF PROPERTY FOR EDWARD P BROGAN, MARIO MONTAGINO & CHARLES S CARUANA LYNNHAVEN BOROUGH — VIRGINIA BEACH, VIRGINIA", dated September 1964 and prepared by Frank Tarrall Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 65, at page 24, and being further designated, known, and described as 1800 Colonial Arms Circle, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to maintain the existing 456.50 linear feet of fencing; 58 linear feet of landscaping; and a portion of a 488 square foot shed (collectively, the "Temporary Encroachments"), in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY- NO GPIN ASSIGNED) - Wildwood Drive adjacent to GPIN: 2408-52-8755 - 1800 First Colonial Road WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of the existing City right-of-way known as Wildwood Drive (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing, maintaining and, in the case of the shed, removing the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: The Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" FENCE, SHED, AND LANDSCAPING ENCROACHMENT EXHIBIT FOR COLONIAL ARMS APARTMENTS 11-07-17 VIRGINIA BEACH, VA #1800 FIRST COLONIAL ROAD COLONIAL ARMS ASSOCIATES, L.L.C., DEED BOOK 2391, PAGE 1022 GPIN: 2408-52-8755", prepared by MidAtlantic Surveying and Land Design, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not 3 less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the shed will be removed within twelve (12) months of the date of this Agreement. It is further expressly understood and agreed that because the Temporary Encroachments must conform to the minimum setback requirements, as established by the City and/or as provided by the City's Zoning Code, if the shed is not removed within twelve (12) months of the date of this Agreement, the Grantee must procure any permits or variances required by law for the Temporary Encroachments shown on Exhibit A attached hereto. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Colonial Arms Associates, L.L.C., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Thomas L. Stokes, Jr. and William H. Halprin, Managers of Colonial Arms Associates, L.L.C., with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager or his authorized designee, and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) • 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Colonial Arms Associates, L.L.C., a Virginia limited liability company • By (SEAL) Thomas L. Stokes, Jr., Manager By (SEAL) William H. Halprin, Manager STATE OF CDfaowect_1- off khrjoia CITY/COUNTY OF or , l K , to-wit: The foregoing instrument was acknowledged before me this it Wday of Qe@enkekir , 2011 , by Thomas L. Stokes, Jr., Manager and William H. Halprin, Manager, of Colonial Arms Associates, L.L.C., a�Viirgiinnia limited liability company. NtV dL s4A- WEAL) Notary Pu I' V% PNN'w1a''. Notary Registration Number: 111 t{'1$ �s� 4o,�,MONWF9(.S�o; My Commission Expires: -5 "5t -aO?D = *i °'-,31202, : :* �i 0.9 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM air . C kikz; £ LG12il o/ G .Qi177 /4114 CITY ATTO EY DEPARTMENT 8 m > am [ g mN010 I »wu / ) \ § _ Uj may E ! ( \ = } k \ ( § / „ ^ z 03 zs02 ,3, 03 0 < � 0wr \ o kit _ 5® ° y NJ( o _ : $ \ 2=� ` $ � ° ® � ; ® CD 0 0 10 ° ^ § S 2 \ \ � � k ^ ' \ a § \ : e CC 4 . - / \ \ { / 2I ' � a ( \ § § a - a 2 � , , § [ } 07 \ CelCji \; , / /« } _ \ \ a ` ® *= = = ; § J | e | / . -1c } ) ! [ ` % \ \( o , .. \ \ \ = \ k .. ct ® (f ' I lit 2f ; % £ ■ Q \ ^ „ _, , ! . f« o s : £ , = � Z : sw \ - :§ & a + | ae § 3: - \ (\ . ! — ! : g 22lQ 2, y \ , / \ � @e / » «; ƒ y , , ; % % m � \ 4 , � 4 (3 ~ \ \ { » - C=11 \§ \ � ` \ � \ \ } \ > \ \ ga • \ \ © / � © }/ \ \ / » d 2 / © @ er .% 5 , w -?,.74, y + \ } } \ \ =« I j : � I "s' HL rtc i44Jf) $1 City of- VirMinia E3e-acts 13 a+,L , �� ROSEMARY WILSON PHONE'. (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 In Reply Refer to 0062124 January 16, 2018 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(1) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. 1 am executing this written disclosure regarding the City Council's discussion and vote on an ordinance to authorize temporary encroachments into a portion of the City right-of-way known as Wildwood Drive located adjacent to 1800 First Colonial Road. 2. The encroachment was requested by Colonial Arms Associates, L.L.C., which owns the property at 1800 First Colonial Road. It has disclosed that Dixon Hughes Goodman is one of its service providers. 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,the Act provides that I may participate in Council's discussion and vote on this application, upon disclosure of this interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- January 16, 2018 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(1) 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, Rosemary RAW/RRI 57 Item-VI-K3 ORDINANCES/RESOLUTION ITEM#67742 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Resolution to EXTEND the City's cable franchise with Verizon Virginia, Inc until the earlier of June 30, 2018 or the date on which the franchise agreement is renewed Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Robert Al. Dyer, Barbara Al. Henley, Vice Mayor Louis K Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Al. Benjamin Davenport January 16, 2018 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH VERIZON VIRGINIA, INC. UNTIL THE 3 EARLIER OF JUNE 30, 2018 OR THE DATE ON WHICH 4 THE FRANCHISE AGREEMENT IS RENEWED 5 6 WHEREAS, the City's current cable franchise agreement extension with Verizon 7 Virginia, Inc. ("Verizon") expired on December 31, 2017 (the "Franchise"); 8 9 WHEREAS, the City has been conducting a public needs assessment 10 concerning the renewal of such franchise and has been engaged with Verizon in 11 negotiations to that end; 12 13 WHEREAS, review of the needs assessment and negotiations could not be 14 concluded prior to the expiration date of the Franchise; and 15 16 WHEREAS, the parties wish to extend the current franchise to June 30, 2018 or 17 the date on which the Franchise is renewed, whichever first occurs, under the same 18 terms and conditions set forth in the Franchise; and 19 20 WHEREAS, the requested extension will not affect Verizon's customers, except 21 to allow them to continue to receive fiber optic cable television (FiOS)from Verizon. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized and directed to execute on behalf of 27 the City all of the documents necessary to extend the Franchise to June 30, 2018. 28 16th 29 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 30 January 2018. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM Inf. ationT-.chnology City Attorney CA14193 R-1 January 3, 2018 58 Item—VI-L PLANNING ITEM#6 7743 1. TERRANCE and TATYANA VEAL CONDITIONAL USE PERMIT 2. DACOR, LLC VARIANCE 3. HERTZ CORPORATION and IEH AUTO CONDITIONAL USE PERMIT PARTS LLC 4. PRINCESS ANNE SHOPPES OWNER'S MODIFICATION OF PROFFERS ASSOCIATION,INC. 5. CITY OF VIRGINIA BEACH CITY ZONING ORDINANCE 6. CITY OF VIRGINIA BEACH—SHORT TERM RENTALS January 16, 2018 59 Item—VI-L PLANNING ITEM#67744 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT:Item I, 2, 3 and 4 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M. Benjamin Davenport January 16, 2018 60 Item—VI-L.I PLANNING ITEM#67745 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Ordinance upon application of TERRANCE and TATYANA VEAL for a Conditional Use Permit re Family Day-Care Home at 1504 Catesby Circle DISTRICT 3 —ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TERRANCE and TATYANA VEAL for a Conditional Use Permit re Family Day-Care Home at 1504 Catesby Circle (GPIN 1475559585)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixteenth day of January, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M Benjamin Davenport January 16, 2018 \\ \i _ r- I I� \\ 1I \ I \ i ti ti N COLLitt_ _ __ s \______, . 1 ti c-_-1_ , „\ , _ \ 1 1 O I 'i Re- '1 til Q o � i 1 . -.i. \ EI I\ , . . ', \ 1 \ , a. �7 -- _ 7 ti ., I,, �\ ..: til /�— i Gates�Y Gtiro�e Gout ti Tcapelo ,�.- - . (1' i' 0 1 i � 0 i 11 EtI . 1 Ce I' / 1; / ././ //// 61 Item—VI-L.2 PLANNING ITEM#67746 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Ordinance upon application of DACOR, LLC for a Variance to Section 4.4 (b)of the Subdivision Regulations at Ferry Point Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of DACOR, LLC for a Variance to Section 4.4 (b) of the Subdivision Regulations at Ferry Point Road (GPIN 1465099129)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled "SUBDIVISION OF LOT 4A, PROPERTY OF DACOR, LLC ON FERRY POINT ROAD," dated August 24, 2017, and prepared by Warren & Associates, P.C. Land Surveyors, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on page 7, entitled "Proposed Dwellings", in this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 4A-1, 4A-2 and 4B. No duplex dwellings shall be permitted. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixteenth day of January, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M. Benjamin Davenport January 16, 2018 . .1-!.-ic 1 4c ,. 7/ ' / C NI 4Aso , . . ,..,, 0 i 41 \ 1110F4 b ,.. . cto CI eik r 19 .' W. . . b s N-., )4 e . ." 6to#iIe: 01 „t • ,-; 4 ,. . , . . . , . . , . , -, NoSiosii, ---...... .------.ie - 04 -• - .ato ql CI / oyo 9 / / 62 Item—VI-L.3 PLANNING ITEM#67747 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Ordinance upon application of HERTZ CORPORATION and IEH AUTO PARTS LLC for a Conditional Use Permit re Motor Vehicle Rentals at 1116 Lynnhaven Parkway DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HERTZ CORPORATION and IEH AUTO PARTS LLC for a Conditional Use Permit re Motor Vehicle Rentals at 1116 Lynnhaven Parkway(GPIN 1496005748)DISTRICT 3— ROSE HALL The following conditions shall be required: 1. Vehicles for rent shall only be located within the areas depicted on the proposed site layout entitled, "Pep Boys -VA, " prepared by American National, LLC, which has been exhibited to the City Council and is on file in the Department of Planning. 2. The sale of motor vehicles shall not be permitted on the site. 3. No vehicles shall be parked within any portion of the public right-of-way. 4. The automobiles, pick-up trucks, and other small vehicles for rent shall only be parked and/or stored in the spaces designated on the site layout referenced in Condition #1 above. Any box truck vehicle available for rent shall only be parked and/or stored in the spaces designated in the rear of the building. 5. There will be no on-site washing, detailing, or maintenance of any motor vehicles permitted on the site. 6. The required street frontage landscaping and foundation plantings shall be installed as described in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 7. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or the vehicles. There shall be no signs that are pasted or attached to utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. Signs in the window of the vehicles are also prohibited. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Sixteenth day of January, Two Thousand Eighteen. January 16, 2018 tow 63 Item—VI-L.3 PLANNING ITEM#67747 (Conditioned) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M Benjamin Davenport January 16, 2018 NOMMOMWEINIIMINd at Plkil I iii4e \ \ NNN tiCI 'l CO eteeVAR i . .3 ,. ..\.„ \, ' • , I i \ \ } , 1 , ' 1 \ M 4141 11#4 N N \ 6 A•-7 4 4 I ki4 <ic _„ ....0.....„„,,, .. CO CNI b o _ _ck / (/ 4.56W* -1-0Z--1 :- 04, ei• *0 li-. C3 ''N. "NCO s'-:, N., • / // / / /9434 ta_ -"it 0 No oi 4 * ci 400 41111 'Niko. • leo / - -..,-- ,,,' 144,, witsi , CNI , ... eN ' 1 eir\ / 0 ., ,.. 64 Item—VI-L.4 PLANNING ITEM#67748 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, AS PROFFERED, BY CONSENT, Ordinance upon application of PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC for Modification of Proffers at North Landing Road and George Mason Drive DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC for Modification of Proffers at North Landing Road and George Mason Drive (GPIN 1494811533)DISTRICT 7—PRINCESS ANNE The following condition 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, on the Sixteenth day of January, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M. Benjamin Davenport January 16, 2018 N /T4\ �5\ 5,\ tiitN/f � , `' 0i O" i a)1' - . .\ �e'r) 40 r Q 1 N\Ct %-''..0 1 , C.0 ' \ til , . \ 4 4 ; _ 0 _- - ` ------ rf r1 ' 1/'i' __-_ / /~ ! i if , !f ti r 0 d. i Q ti 0- , 4\ ,,, „ ., . ii, , ti 9 �G�IIA•8E-40 u, s CITY OF VIRGINIA BEACH co i w INTER-OFFICE CORRESPONDENCE 4 In Reply Refer To Our File No. DF-9959 DATE: January 9, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 13V-b) DEPT: City Attorney RE: Conditional Zoning Application; Princess Anne Shoppes Owners Association, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 16, 2018. I have reviewed the subject proffer agreement, dated September 7,2017 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 SECOND AMENDMENT TO PROIIFERED COVENANTS, RESTRICTIONS AND CONDITIONS PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION,INC.,a Virginia non-stock corporation TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT,made this 7"day of September,2017,by and between PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC.,a Virginia corporation,Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property with improvements thereon located in the Princess Anne District of the City of Vi ginia Beach, Virginia,designated as Parcel Br containing approximately three and four-tenths(3.4)acres and described in Exhibit"A"attached hereto and incorporated herein by this reference said property hereinafter referred to as the"Property";and WHEREAS,the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants,Restrictions and Conditions dated December 22,2003,which are recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 200403160042878 (hereinafter "2003 Proffers") to reflect the amendments applicable to the land use plan on the Property;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 GPIN: 1494-81-15330000 Prepared by: It Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&ley,P.C. 28,Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS,the 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 second modification of conditions to the zoning, 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 application gives rise; and WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modifications. NOW, THEREFORE, the Grantor, its 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 pm quo for zoning, rezoning, site plan,building permit,or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor,its successors,personal representatives,assigns,grantees,and other sueracsors in interest or title: 1. Proffer numbered "4" in the Proffers is hereby amended to read: "Both freestanding signs designated on the Site Plan shall be monument style signs. The sign at the southeast corner of the property adjacent to the intersection of North landing Road and George Mason Drive shall substantially conform with the sign elevation designated"Entrance Signage" on the exhibit titled, "Details Princess Anne Shoppes, Virginia Beach, Virginia", which accompanied the 2003 Proffers. The sign depicted on the Site Plan at the west side of the entrance to the site from North Landing Road shall be constructed in substantial conformance with the sign elevation for Princess Anne Shoppes prepared by Cardinal Sign Corporation dated 1-6-17, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. No external signs upon the Property shall be internally- 2 illuminated,but may be illuminated by directed external lighting. No signs maybe installed on the roof of any building located upon the Property. 2. All of the terms,conditions,covenants,servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200403160042878, save and except, Proffer 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under,by or through the Grantor, its heirs, personal representatives, assigns,tenants,and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-1A District and to the requirements and regulations applicable thereto refer to the Comprehensive 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 the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to 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. (i) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; 3 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 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 of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Princess Anne Shoppes Owner's Association,Inc., a Virgiii'Vet)eliiik niiano -stock corporation By: /DV'M (SEAL) Patrick A. Bdent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this ar day of September, 2017, by Patrick A. Brett, President of Princess Anne Shoppes Owner's Association, Inc., a Virginia non-stock corporation,on behalf of said company. 2 Notary Public My Commission Expires: 2-3H Notary Registration Number: 73- us5Waltlifr oOTAq, 9O I Sly Car.Woos 5 EXHIBIT"A" AB that certain tract, piece or parcel of land, situated in the Princess Anne Borough, City of Virginia Beach, Virginia, designated as Parcel B1 as shown on that certain plat entitled, "SUBDIVISION OF LOTS A&B SUBDIVISION OF BREWER PROPEILFY", Scale 1' = 100', dated March 26,1994,made by Ke➢am-Gerwitz Engineering,Inc.,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 238, at Page 79,together with a perpetual non-exdusive easement designated"Cross Access Easement for Lots Bt,B2 and B3",as shown on the aforesaid pat and a perpetual non-exclusive easement designated"1o'x 200'Private Utility Easement Hereby Dedicated",as shown on the aforesaid plat. GPIN: 1494-81-1533-0000 HARM\Mod of Prof ers\Princess Anne Shopprs Owners Aura\ted Amendment to Pm&rs.dorx 6 65 Item—VI-L.5 PLANNING ITEM#67749 The following individual registered to speak: Barbara Messner spoke in OPPOSITION. Upon motion by Councilman Moss, seconded by Council Lady Kane, City Council DEFERRED INDEFINITELY, Ordinance to AMEND Section 901 of the City Zoning Ordinance to allow off-site parking facilities as permitted uses in the B-2 Zoning District with specic requirements Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M. Benjamin Davenport January 16, 2018 66 Item—VI-L.5 PLANNING ITEM#67750 The following individual registered to speak: Barbara Messner spoke in OPPOSITION. Upon motion by Councilman Moss, seconded by Council Lady Kane, City Council DEFERRED INDEFINITELY, Ordinances re Short Term Rentals — Based on a Resolution adopted by the City Council on January 9, 2018, to allow additional time for the Planning Commission to consider the alternative Ordinances and the recommendation is to DEFER a. AMEND Sections 102, 111, 401, 501, 601, 901, 1110,1125, 1521 and 2203 of the City Zoning Ordinance (CZO) and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to Definition, Requirements and Use of Home Sharing and Short Term Rentals b. ADD Article 23, Consisting of Sections 2300 through 2303 (Short Term Rental Overlay District) to the CZO establishing regulations and requirements pertaining to Short Term Rentals c. AMEND the Official Zoning Map by the designation and incorporation of property into the Short Term Rental Overlay District d. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and ADD Sections 209.6 and 241.2 of the CZO pertaining to Definition, Requirement and Use of Home Sharing and Short Term Rentals e. AMEND Sections 111, 401, 501, 601, 901, 1110, 1125, 1521 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code and Add Section 209.6 of the CZO pertaining to the Definition, Requirements and Use ofAccessory Use-Short Term Rentals Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: M. Benjamin Davenport January 16, 2018 67 ITEM VI-M APPOINTMENTS ITEM#67751 BY CONSENSUS, City Council RESCHEDULED the fallowing APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PERSONNEL BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSITIONAREA/ITERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION January 16, 2018 68 Item-VI-P ADJOURNMENT ITEM#67752 Mayor Sessoms DECLARED the City Council ADJOURNED at 7:17 P.M. Amanda Barnes, MMC City Clerk William D. Sessoms,Jr. Mayor City of Virginia Beach Virginia January 16, 2018