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HomeMy WebLinkAbout04-17-2018 MINUTES ;?1T ) °f WR NATE VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Apri117, 2018 Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the SHORT TERM RENTAL-Discussion in the City Council Conference Room, Tuesday,April 17, 2018, at 2:30 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 Prior to the start of the Briefing, Mayor Sessoms advised he is happy to announce the Housing Resource Center received an additional$60,000 in donations. Mayor Sessoms also advised he will present an "ADD ON"to the Agenda for consideration regarding e would be there may be a request for a letter to Governor as Ne flix is interested in doing business in the Commonwealth April 17, 2018 3 CITY COUNCIL'S BRIEFING SHORT TERM RENTAL— Discussion ITEM#67968 2:30 P.M. Mayor Sessoms opened the City Council Discussion regarding Short Term Rental. The Short Term Rental Summary was distributed and is made a part of this record. Mayor Sessoms advised he and Vice Mayor Jones met this past week to discuss the proposal and, as a result, provided a copy of proposed Ordinances regarding Short Term Rentals which is made a part of this record. Councilman Moss also provided a copy of proposed Ordinances regarding Short Term Rentals which is made a part of this record. Numerous safety concerns were again expressed. After City Council discussion, City Attorney Mark Stiles recommended as path forward because the "alternatives" are starting to get further away from Planning Commission's recommendations, that City Council consider on June S`/`referring it back to Planning Commission for recommendation. The summer months are upon us and it might make more sense not make a final decision until further in the year. Mayor Sessoms agrees and acknowledges that this issue must be handled correctly and, as such, should be referred back to Planning Commission. April 17, 2018 Short Term Rental Summary For nearly two years, the City has been working towards establishing an ordinance regulating short term rental use. Below is a brief chronological summary of important actions. • August, 2016 — Beaches and Waterways Commission makes a recommendation to City Council. This Commission was tasked with looking at Event Homes, and later with short term rentals. • November, 2016 —Ad Hoc Committee gives report to City Council. The Committee was tasked with looking at the proposed State legislation on short term rentals. • July, 2017 — General Assembly adopted Senate Bill 1578. This bill allows localities to establish a registry for short term rentals and to adopt zoning regulations. The City amended ordinances to comply with General Assembly Legislation. • November 21, 2017 — City Council refers the draft ordinances to the Planning Commission for consideration. • February 14, 2018 — Planning Commission, following several workshops, recommends a draft Ordinance to City Council. • March 20, 2018 — City Council votes 10-0 to defer consideration of the draft ordinance for 60 days. Planning Commission: The draft ordinance recommended by the Planning Commission distinguished between "home sharing" and "short term rental". Home Sharing- Dwelling in owner's principal residence and owner is present during any rental period. Short Term Rental- Dwelling that does not meet the definition of home sharing, or where the entire dwelling is rented for less than 30 consecutive days for compensation. The Planning Commission recommended both of these uses be permitted by-right in all zoning districts that allow residential dwellings. Home sharing only requires registry with the Commissioner of Revenue. Short term rentals require registration and must meet the 13 conditions below. 1. Parking- One space per bedroom. Plan must be approved by the Zoning Administrator. 2. Noise- No additional noise shall be created in excess of normal residential neighborhood. 3. Traffic- No traffic shall be generated in excess of normal residential neighborhood. Short Term Rentals Summary April 13, 2018 Page 2 4. Events- Special event permit required for more than 50 people, no more than 100 people at an event, and no more than three events per year. 5. Contact- A telephone number or other information shall be provided for a contact person. 6. Signage- One foot by one foot permitted. Architectural signs naming the structure are permitted. 7. Registration- Must maintain registration with the Commissioner of Revenue. Three adjudicated violations of law in a two year period may result in revocation of registry. 8. Posting City Codes- Summary of Noise, Fires on the beach, fireworks and trash ordinances. 9. Trash- All trash must be kept in receptacles. 10.Contracts- No more than two rental contracts per seven day period. 11 .Insurance- Proof of $500,000 liability insurance. 12.Occupancy- Three people per bedroom plus two additional 13.Inspections- City may inspect with 24 hours' notice. Vice Mayor Jones' Draft Ordinance: At the City Council informal meeting on April 3rd, Vice Mayor Jones distributed a draft short term rental ordinance. Vice Mayor Jones' proposal also differentiates between home sharing and short term rentals. Home sharing is permitted by-right and only requires registration. Conditional use permits are required for short term rentals, unless they are located in specific areas of the City. Within the Sandbridge SSD (an overlay district would be created), the Ocean Front Resort District, and the R-5R North End Overlay District, short term rentals would be permitted without a conditional use permit. There is no "grandfathering" of existing short term rentals proposed. Short term rentals would be required to meet the 11 conditions below. Conditions which were changed by Vice Mayor Jones' draft from the Planning Commission version are underlined. 1 . Parking- One space per bedroom. Plan must be approved by the Zoning Administrator. 2. Events- Special event permit required for more than 50 people, no more than 100 people at an event, and no more than three events per year. 3. Contact- A telephone number of the owner or agent must be identified and they must be able to be present on site within 30 minutes of being contacted. 4. Signage- One foot by one foot permitted. Architectural signs naming the structure are permitted. 5. Registration- Must maintain registration with the Commissioner of Revenue. Short Term Rentals Summary April 13, 2018 Page 3 6. Posting City Codes- Summary of Noise, Fires on the beach, fireworks and trash ordinances. 7. Trash- All trash must be kept in receptacles. 8. Contracts- One rental contract per seven day period. 9. Insurance- $1 million liability insurance.. 10.Noise- No amplified outdoor sound after 10 pm and before 10 am. 11.Occupancy- three persons per bedroom plus two between the hours of 11 pm and 7 am. Map (1) below shows the proposed Sandbridge Overlay, the Ocean Front Resort District and the R-5R North End Overlay. Map (2) below shows all other areas zoned R-5R. Communities in the R-5R may elect to create an overlay, provided 60 percent or more of the residents in the community agree to it. Map 1 Map 2 R-5R (NE) OR District #P:..`' .0404 1 mr-A R-5R Sandbridge SSD Legend Legend -Sena:mar SSD Proposed Short Term Rental to o,, r<r[ ;M- SP Proposed Short Term Rental Tc` _c o: -R-SR ME, Ordinance OrdlnanCe rwrre• w�r.r+r,o.wcarr.r Short Term Rentals Summary April 13, 2018 Page 4 There are approximately 1 ,830 short term rentals registered in the City. The following is a breakdown of the number of short term rentals in each zoning district, and in certain neighborhoods. By Zoning District: By Neighborhood: 1. R-10 = 366 1. Sandbridge = 934 2. B-4 = 253 2. Resort Area = 229 3. R-5R(NE) = 205 3. North End = 218 4. OR = 191 4. Croatan = 53 5. R-20 = 188 5. East Shore Drive = 39 6. R-15 = 179 6. Chesapeake Beach = 20 7. APT = 122 7. Ocean Parks = 6 8. R-7.5 = 102 9. AG = 45 10.R-5S = 37 11.R-5D = 36 12.R-5R = 33 STR MATRIX Comparison between Planning Commission Version and Proposal by Vice Mayor Jones Planning Commission Version Alternative 3[Recommended for Vice Mayor Jones'Proposal Approval] Owner Occupied Whole House Whole House Owner Occupied Items/Conditions Considered (Home Sharing) (Short Term (Home Sharing) (Short Term Rental) Rental) MIIMINIIMMIllik- Milk 4111111111111111& =IN. Distinguish between Owner Occupied Yes Yes and Whole House Rental CUP Required for Owner Occupied No No CUP Required for Whole House Rental No Yes Outside of Sandbridge,OR and R 5R(NE) Overlay District No Yes-Sandbridge Grandfathering No No Registration Requirement Comm of Rev Comm of Rev Comm of Rev Comm of Rev Pay TOT Yes Yes Yes Yes 1 space per 1 space per Parking Requirement No bedroom.Plan No bedroom.Plan approved by approved by Zoning Admin. Zoning Admin. Post City Code(Trash,Noise,Fires, Summary of Summary of Fireworks on beach) No Codes No Codes Trash No Automated Bins No Automated Bins #of Rental Contracts per 7 days No Two No One Insurance Requirement No $500,000 No $1 Million 3 per bedroom 3 per bedroom Occupancy No No plus 2(between plus 2 11pm&7am) 1'x 1'.House 1'x 1'.House Permitted Signage No name signs No name signs exempt exempt Information Ability to be on- Contact Person Requirement No No required only site in 30 min Over 50,no more Over 50,no more Special Events No than 100.3 per No than 100.3 per year year Exit Signs No No No No Inspections No After 24 hour No Not addressed notice None in excess of No outdoor Noise No normal No amplified sound residential from 10 pm to 10 neighborhood. am 1 REQUESTED BY MAYOR SESSOMS 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 5 501, 506, 601, 901, 1110, 1125, 1521 AND 2203 OF THE 6 CITY ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 9 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 10 REQUIREMENTS AND USE OF HOME SHARING AND 11 SHORT TERM RENTALS 12 13 Sections Amended: City Zoning Ordinance Sections 102, 14 111, 401, 501, 506, 601, 901, 1110, 1125, 1521, and 2203 15 and Oceanfront Resort District Form-Based Code Section 16 5.2 17 18 Sections Added: City Zoning Ordinance Sections 209.6 and 19 241.2 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That Sections 102, 111, 401, 501, 506, 601, 901, 1110, 1125, 1521, and 2203 of 28 the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form- 29 Based Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the 30 City Zoning Ordinance are hereby added and ordained, to read as follows: 31 32 ARTICLE 1. GENERAL PROVISIONS 33 34 . . . . 35 36 Sec. 102. Establishment of districts and official zoning maps. 37 38 (a) In order to carry out the purposes and provisions of this ordinance, the 39 following districts are hereby established: 40 41 . . . . 42 43 (al) There are hereby established the Shore Drive Corridor Overlay District. 44 following overlay districts: 45 46 (1) Shore Drive Corridor Overlay District ("SD"); 47 48 (2) North End Overlay District ("NE"); 49 50 (3) Old Beach Overlay District ("OB"); 51 52 (4) Historic Kempsville Area Overlay District ("HK"); 53 54 Workforce Housing Overlay District ("WF"); and 55 56 (6) Short Term Rental Overlay District ("STR"). 57 58 Such districts shall be designated on the official zoning map by the an 59 appropriate notation 4S-D-" following the designation of the underlying zoning district. As 60 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 61 Use District shall be designated on the official zoning map as having the classification 62 "B-4(SD)." 63 64 (a2) There is hereby established the North End Overlay District. Such district " 66 designation of the underlying zoning district. As an illustration, property lying within the 67 ` e • - _ • - _ ■. - - ' . r _ _ �. - e- 68 • • • • 68 - •" e - - • - - - _ . . _ . . .-- - 69 70 __ •- - ' - - _ •- e - = - - ' - - - - � . A 1 73 in the R 5D Residential Duplex District shall be designated on the 74 e ••-•. e-•-- . _ e - - - - - -- - _ ! • _ „ 75 76 77 Such district shall be designated on the official zoning map by the notation "(HK)" 78 following the designation of the underlying zoning district. As an illustration, property in 79 - - -' _ '_ - --- : - A : . - . s• _ _ -- . . - _ . -- 80 District shall be designated on the official zoning map as having the classification "B 81 2(HK)." 82 83 - . -- • ' - . - . _ ' --e . - e - -e. • e e - . . - -- " , : • 85 - - _ e •e e - - - e - ' - - w•--, - - - - - 86 Mixed Use District and in the Workforce Housing Overlay District shall be designated on 87 - e • e-•-- - - - - - - - _. _ - - - -- - 88 • . - e• • 89 e •e -. •e • '- e - ee •- - - - - " - - e . = -- _ - -- 90 A - e - -e. - ! _ . .. _ _ - e •- _ -: e .. _ --91 of the property. 2 • 92 93 . . . . 94 95 Sec. 111. Definitions. 96 97 . . . . 98 99 Home sharing. A dwelling in which a room or rooms are offered for rental for 100 compensation for a period of less than thirty (30) consecutive days by an owner who 101 utilizes the dwelling as his principal residence and occupies the dwelling during any 102 such rental period. 103 104 . . . . 105 106 Hotel and motel. A building or group of attached or detached buildings containing 107 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units,. 108 and for which compensation is exchanged for short-term occupancy of the dwelling or 109 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 110 registration and keeping of records relating to hotel guests. This term also includcs 111 motels:- 112 otets.112 113 . . . . 114 115 Dwelling, duplex. A building containing two (2) dwelling units, entirely surrounded 116 by a yard, where each dwelling unit is not on a separate lot. Mobile homes, travel 117 trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of 118 temporary or portable housing are not included within this definition. 119 120 . . . . 121 122 Dwelling, multiple-family. A building containing three (3) or more dwelling units, 123 entirely surrounded by a yard, where each dwelling unit is not on a separate lot. 124 125 Dwelling, semidetached. A building containing two (2) dwelling units attached at 126 the sides, separated by a boundary wall and each having a separate lot. 127 128 Dwelling, single-family. A building containing one (1) dwelling unit entirely 129 surrounded by a yard. Mobile homes, travel trailers, housing mounted on self-propelled 130 or drawn vehicles, tents, or other forms of temporary or portable housing are not include 131 within this definition. 132 133 Dwelling, single-family, ancillary. A building containing one (1) dwelling unit, 134 entirely surrounded by a yard but located on the same lot with a separate single-family 135 dwelling of greater floor area. Mobile homes, travel trailers, housing mounted on self- 136 propelled or drawn vehicles, tents, or other forms of temporary or portable housing are 137 not included within this definition. 3 138 139 . . . . 140 141 Principal residence. Principal residence shall be the location where a person 142 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 143 principal residence. 144 145 . . . . 146 147 Short term rental. A dwelling that does not meet the definition of home sharing in 148 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 149 consecutive days for compensation. 150 151 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 152 ALL DISTRICTS 153 154 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 155 PARKING, OFF-STREET LOADING, AND CERTAIN USES 156 157 . . . . 158 159 Sec. 209.6. Home sharing. 160 161 To the extent permitted by state law, each dwelling offered as a home share 162 must maintain registration with the Commissioner of Revenue's office and pay all 163 applicable taxes. 164 165 C. CONDITIONAL USES AND STRUCTURES 166 167 . . . . 168 169 Sec. 241.2 Short term rental. 170 171 1. Parking for single-family dwellings, duplexes, semidetached dwellings, and 172 single-family ancillary dwellings shall have one (1) parking space for every 173 bedroom provided on site. Multiple-family dwellings shall have two (2) 174 parking spaces per dwelling. Stacking of vehicles shall be allowed; 175 176 2. No events with more than fifty (50) people present, shall be held absent a 177 special events permit. Events with more than fifty (50) people are limited to 178 no more than three (3) events in a calendar year. No more than one 179 hundred (100) people shall be present at any event held on the property; 180 4 181 3. The owner or the owner's agent must be identified, a telephone number 182 given and they must be able to be present on the site within thirty (30) 183 minutes of being contacted at all times during the rental period; 184 185 4. No signage shall be on site, except that each short term rental is allowed 186 one (1), four (4) square foot sign, posted on the building, that identifies the 187 short term rental. Architectural signs naming the structure are excluded 188 from this limitation; 189 190 5. To the extent permitted by state law, each short term rental must maintain 191 registration with the Commissioner of Revenue's office and pay all 192 applicable taxes. 193 194 6. There shall be posted in a conspicuous place within the dwelling a summary 195 provided by the Zoning Administrator of City Code Sections 23-69 through 196 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 197 the beach) and 12-43.2 (fireworks); 198 199 7. All refuse shall be placed in automated refuse receptacles, where provided, 200 and comply with the requirements of City Code Sections 31-26, 31-27 and 201 31-28. Private collections on Saturday shall be allowed; 202 203 8. A single-family dwelling, duplex, semidetached, and single-family ancillary 204 dwellings shall have no more than one (1) rental contract during any 205 consecutive seven (7) day period and a multiple-family dwelling shall have 206 no more than two (2) rental contracts during any consecutive seven (7) day 207 period; 208 209 9. The owner shall provide proof of liability insurance applicable to the rental 210 activity of at least one million dollars ($1,000,000.00) underwritten by 211 insurers acceptable to the city; 212 213 10.There shall be no outdoor amplified sound after 10 PM or before 10 AM; 214 and 215 216 11.The maximum number of persons on the property after 11:00 PM and 217 before 7:00 AM shall be three (3) individuals per bedroom plus two (2) 218 additional persons. 219 220 221 ARTICLE 4. - AGRICULTURAL DISTRICTS 222 5 223 (a) Principal and conditional uses. The following chart lists those uses permitted 224 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 225 respective agricultural districts shall be permitted as either principal uses indicated by a 226 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 227 shall be prohibited in the respective districts. No uses or structures other than as 228 specified shall be permitted. 229 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental I C C Short term rental within the STR Overlay District I P P 230 231 (b) Accessory uses and structures. Uses and structures which are customarily 232 accessory and clearly incidental and subordinate to principal uses and structures, 233 including but not limited to, an accessory activity operated for profit in a residential 234 dwelling unit where (i) there is no change in the outside appearance of the building or 235 premises or any visible or audible evidence detectable from outside the building lot, 236 either permanently or intermittently, of the conduct of such business except for one (1) 237 nonilluminated sign not more than one (1) square foot in area mounted flat against the 238 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 239 by such activity in greater volumes than would normally be expected in the 240 neighborhood, and any need for parking generated by the conduct of such activity is 241 met off the street and other than in a required front yard; (iii) the activity is conducted on 242 the premises which is the bona fide residence of the principal practitioner, and no 243 person other than members of the immediate family occupying such dwelling units is 244 employed in the activity; (iv) such activity is conducted only in the principal structure on 245 the lot; (v) there are no sales to the general public of products or merchandise from the 246 home, except for agricultural products, or agricultural-related products, incidental to an 247 agricultural operation on which the dwelling unit is located; and (vi) the activity is 248 specifically designed or conducted to permit no more than one (1) patron, customer, or 249 pupil to be present on the premises at any one time. Notwithstanding the provisions of 250 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 251 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 252 persons on the premises at any one time in connection with the performance of such 253 rites, provided that all other requirements of subdivision (b)(2) are met. The following 254 are specifically prohibited as accessory activities: Convalescent or nursing homes, 6 255 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 256 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 257 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 258 use to the dwelling. 259 260 . . . . 261 262 ARTICLE 5. RESIDENTIAL DISTRICTS. 263 264 265 266 Sec. 501. Use regulations. 267 268 (a) Principal and conditional uses. The following chart lists those uses permitted 269 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 270 respective residential districts shall be permitted as either principal uses indicated by a 271 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 272 shall be prohibited in the respective districts. No uses or structures other than as 273 specified shall be permitted. 274 Use R- R- R- R- I R- R- R- R- R- R- 40 30 20 j 15 10 7.5 5D 5R 5S 2.5 Home sharing meeting the requirements of section 209.6 PPPP PP PPP P Short term rental CC CCC C C C I C C I I i Short term rental within the STR PPPPPP PPP P Overlay District — — — — — — — — - - l I I f I I I I 275 276 (b) Accessory uses and structures. Uses and structures which are customarily 277 accessory and clearly incidental and subordinate to principal uses and structures and 278 where such accessory structures do not exceed the height of the principal structure and, 279 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 280 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 281 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 282 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 283 the principal structure. Such accessory uses and structures include but are not limited 284 to: 285 . . . . 286 287 (7) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 288 days or more is an accessory use to the dwelling. 289 290 . . . . 291 292 Sec. 506.-North End Overlay District. 293 294 . . . . 295 (e) In the North End Overlay, all short term rentals as defined in section 111 of the 296 City Zoning Ordinance shall be permitted uses and shall meet the requirements 297 of section 241.2 of the City Zoning Ordinance. 298 299 300 ARTICLE 6. - APARTMENT DISTRICTS 301 302 . . . . 303 304 Sec. 601. - Use regulations. 305 306 (a) Principal and conditional uses. The following chart lists those uses permitted 307 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 308 respective apartment districts shall be permitted as either principal uses indicated by a 309 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 310 shall be prohibited in the respective districts. No uses or structures other than as 311 specified shall be permitted. 312 Use A-12 A-18 7A-24i A-24j A-36 . . • . Home sharing meeting the requirements of section 209.6 P P IP IP Short term rentalC C C C J 8 Short term rental within the STR Overlay District P PPP 313 314 (b) Accessory uses and structures. Uses and structures which are customarily 315 accessory and clearly incidental and subordinate to principal uses and structures, 316 including but not limited to: 317 318 . . . . 319 320 ) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 321 days or more is an accessory use to the dwelling. 322 323 324 325 ARTICLE 9. - BUSINESS DISTRICTS 326 327 . . . . 328 329 Sec. 901. - Use regulations. 330 331 (a) Principal and conditional uses. The following chart lists those uses permitted 332 within the B-1 through B-4K Business Districts. Those uses and structures in the 333 respective business districts shall be permitted as either principal uses indicated by a 334 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 335 shall be prohibited in the respective districts. No uses or structures other than as 336 specified shall be permitted. 337 B- B- B- B- B- B- B- Use 1 IA 2 3 4 4C 4K Home sharing meeting the requirements of section X X ie 209.6 Short term rental X X XXCC S C Short term rental within the STR Overlay District X X i XIX P P P 338 9 339 (b) Accessory uses and structures. Uses and structures which are customarily 340 accessory and clearly incidental and subordinate to the principal uses and structures, 341 including, but not limited to: 342 343 . . . . 344 345 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 346 days or more is an accessory use to the dwelling. 347 348 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 349 350 Sec. 1110. - Land use regulation. 351 352 353 354 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 355 A-12 Apartment District other than hospitals and sanitariums, together with the 356 following enumerated uses and structures, shall be permitted: 357 358 (1) Fraternity and sorority houses, student dormitories and student centers; 359 360 (2) Housing for seniors and disabled persons, with a conditional use permit; 361 362 (3) Marinas; 363 364 (4) Private clubs or social centers provided that clubs where conduct of commercial 365 affairs is a principal activity shall not be permitted; and 366 367 (5) Residential care for seniors, provided that no more than two (2) employees 368 including a bona fide resident of the dwelling shall be permitted..-; and 369 370 (6) Home sharing meeting the requirements of section 209.6. 371 372 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 373 374 (1) Communication towers; 375 376 (2) Family day-care homes; 377 378 (3) Group homes; 379 380 (4) Kennels, residential; 381 382 (5) Religious uses; 10 383 384 (6) Wind energy conversion systems, free standing and roof-mounted; and 385 386 (7) Home-based wildlife rehabilitation facilities, provided that the principal 387 structure is a single-family dwelling and the lot is greater than two thousand 388 five hundred (2,500) square feet-; and 389 390 (8) Short term rental. 391 392 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 393 394 . . . . 395 396 Sec. 1125. - Allowed uses. 397 398 Within the PD-H2 District, only the following uses and structures shall be permitted: 399 400 (a) Principal uses and structures. 401 402 (1) Dwelling units of the types specified in the land use plan; 403 404 (2) Public buildings, structures, and other public uses; 405 406 (3) Recreational facilities of the type described in the plan; 407 408 (4) Child care education centers, in connection with public or private 409 elementary schools or churches, provided that such uses shall not be 410 eligible for residential density credit; 411 412 (5) Day-care centers, provided that such uses shall not be eligible for 413 residential density credit; 414 415 (6) Public utilities installations and substations; provided offices or storage or 416 maintenance facilities shall not be permitted; and provided, further, that 417 utilities substations, other than individual transformers, shall be surrounded 418 by a wall, solid except for entrances and exits, or by a fence with a 419 screening hedge five (5) to six (6) feet in height; and provided also, 420 transformer vaults for underground utilities and like uses shall require only 421 a landscaped screening hedge, solid except for access opening.; and 422 423 (7) Home sharing meeting the requirements of section 209.6. 424 425 426 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 427 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 428 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 429 use to the dwelling. 11 430 431 (c) Conditional uses. 432 433 (1) Religious uses, provided that such use shall not be eligible for residential 434 density credit; 435 436 (2) Family day-care homes; foster homes and group homes, provided that such 437 uses shall not be eligible for residential density credit; 438 439 (3) Home occupations..-i 440 441 (4) Housing for seniors and disabled persons,,-; and 442 443 (5) Short term rental. 444 445 . . . . 446 447 C. RT-3 RESORT TOURIST DISTRICT 448 449 . . . . 450 451 Sec. 1521. Use regulations. 452 453 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 454 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 455 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 456 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 457 buildings within the RT-3 District may include any principal or conditional uses in 458 combination with any other principal or conditional use. No uses or structures other than 459 those specified shall be permitted. All uses, whether principal or conditional, should to 460 the greatest extent possible adhere to the provisions of the Special Area Design 461 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 462 Plan. Use RT-3 Home sharing meeting the requirements of section 209.6 P Short term rental C 463464 (b) Accessory uses and structures : Uses and structures which are customarily 465 accessory and clearly incidental and subordinate to the principal uses and structures; 12 466 provided, however, that drive-through facilities shall not be permitted as an accessory 467 use: 468 469 . . . . 470 471 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) 472 consecutive days or more is an accessory use to the dwelling. 473 474 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 475 476 . . . . 477 478 B. - DEVELOPMENT REGULATIONS 479 480 . . . . 481 482 Sec. 2203. - Use regulations. 483 484 (a) The following chart lists those uses permitted within the Central Business Core 485 District. Uses and structures shall be allowed either as principal uses, indicated by a 486 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 487 shall be prohibited, unless allowed by special exception for Alternative Compliance 488 pursuant to Section 2205. No uses or structures other than as specified herein or as 489 allowed pursuant to subsection (b) shall be permitted. 490 Use District CBC Home sharing meeting the requirements of section 209.6 P j Short term rental I C 491 492 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 493 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 494 use permitted by this section, either as a principal or conditional use. In determining 495 whether a proposed use is similar to a listed use, the Zoning Administrator shall 496 consider (1) the actual or projected characteristics of the proposed use in comparison 497 to those of the most similar listed use; and (2) the categorization of the proposed use 498 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 13 • 499 rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an 500 accessory use to the dwelling. 501 502 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 503 504 . . . . 505 506 Sec. 5.2. Permitted Use Table. 507 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home sharing = L = = L L L = See Sec.209.6 meeting the requirements of section 209.6 Short term rental = L = = L L L = See Sec.241.2 meeting the requirements of section 241.2 508 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14135/R-14/April 13, 2018 14 REQUESTED BY MAYOR SESSOMS 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICT) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS 7 8 Sections Added: City Zoning Ordinance Sections 9 2300 - 2303 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through 18 2303, is hereby added and ordained to read as follows: 19 20 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICT 21 22 Sec. 2300. Findings; intent. 23 24 The Virginia General Assembly has directed that short term rentals shall be 25 permitted as a principal use in the area defined as the Sandbridge Special Service 26 District. In addition, the City Council hereby finds that there are certain areas of the City 27 in which residential dwellings are, and historically have been, rented to vacationers or 28 others on a short term basis. In these areas, the City Council finds that such uses, 29 when appropriately regulated, may be carried on without adversely affecting the 30 adjacent residential neighborhoods. In other areas of the City, short term rentals are not 31 compatible with the residential use of the surrounding properties and are often the 32 cause of excessive noise, illegal or improper parking, traffic violations, congestion and 33 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in 34 which they occur The provisions of this Article allow short term rentals, with appropriate 35 restrictions, only in those areas directed by the General Assembly and/or in such other 36 areas in which short term rentals may be carried on without adversely affecting the quiet 37 enjoyment of neighboring properties. 38 39 Sec. 2301. District boundaries. 40 41 (a) The Short Term Rental Overlay District boundaries shall be as designated 42 on the official zoning map of the city (STR). 43 44 (b) Other areas of the City zoned R-5R may petition the City Council for an 45 overlay to be created if the community is able to gather the signatures of sixty (60) 46 percent of the owners of the properties in the R-5R community. 47 48 Sec. 2302. Application of regulations. 49 50 The designation of any property as lying within the Short Term Rental Overlay 51 District shall be in addition to, and not in lieu of, the underlying zoning district 52 classification of such property, such that any property situated in the Short Term Rental 53 Overlay District shall also lie within one or more of the zoning districts enumerated in 54 Section 102(a) of this ordinance. All such property shall be subject to the requirements 55 of this Article as well as to all other regulations applicable to it, and to the extent that 56 any provision of this Article conflicts with any other ordinance or regulation, the 57 provision of this Article shall control. 58 59 Sec. 2303. Use regulations. 60 61 (a) Subject to general requirements and to the regulations of the underlying 62 zoning district, all uses and structures permitted as principal, conditional or accessory 63 uses in the underlying zoning district in which they are located shall be permitted 64 within the Short Term Rental Overlay District. 65 66 (b) Short term rentals shall be a permitted use if they comply with the 67 conditions of Section 241 .2. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14136/R-6/March 27, 2018 2 1 REQUESTED BY MAYOR SESSOMS 2 3 AN ORDINANCE TO AMEND THE OFFICIAL 4 ZONING MAP BY THE DESIGNATION AND 5 INCORPORATION OF PROPERTY INTO THE 6 SHORT TERM RENTAL OVERLAY DISTRICT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the official zoning map of the City of Virginia Beach be, and hereby is, 15 amended by the designation and incorporation of the area described below: 16 17 That property located in Sandbridge and bounded on the north by the USN Fleet 18 Combat Training Center Atlantic; on the south by the Little Island Park; on the east by 19 the Atlantic Ocean; and on the west, north of Sandbridge Road, by the western 20 boundary of the subdivision known as "Sandbridge North Area," and south of 21 Sandbridge Road, by the property of the United States of America and the Back Bay 22 National Wildlife Refuge, as depicted on the map entitled "Sandbridge" dated June 17, 23 1994, prepared by the department of public works and recorded in Map Book 240, Pgs. 24 81-84 as the short term rental overlay district. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14137 R-4 March 27, 2018 2 1 REQUESTED BY COUNCILMEMBER MOSS 2 3 4 AN ORDINANCE TO AMEND SECTION 15-1 OF THE CITY 5 CODE, HOTELS AND SIMILAR ESTABLISHMENTS, AND 6 ADD SECTIONS 15-8 AND 15-9 OF THE CITY CODE 7 PERTAINING TO THE REQUIREMENTS FOR HOME 8 SHARING AND SHORT TERM RENTALS 9 10 Section Amended: City Code Section 15-1 11 12 Sections Added: City Code Sections 15-8 and 15-9 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 15-1 of the City Code is hereby amended and reordained, and 18 Sections 15-8 and 15-9 of the City Code are hereby added and ordained, to read as 19 follows: 20 21 Chapter 15 — HOTELS AND SIMILAR ESTABLISHMENTS 22 23 Sec. 15-1. — Definitions. 24 25 The following words, when used in this chapter, shall have the following 26 meanings, respectively, except in cases where the context clearly indicates a different 27 meaning: 28 29 Home sharing. A dwelling in which a room or rooms are offered for rental for 30 compensation for a period of less than thirty (30) consecutive days by an owner who 31 utilizes the dwelling as his principal residence and occupies the dwelling during any 32 such rental period. 33 34 Hotel and motel. A building or group of attached or detached buildings containing 35 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 36 and for which compensation is exchanged for short-term occupancy of the dwelling or 37 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 38 registration and keeping of records relating to hotel guests. 39 40 . . . . 41 42 Principal residence. Principal residence shall be the location where a person 43 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 44 principal residence. 45 46 47 Short term rental. A dwelling that does not meet the definition of home sharing in 48 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 49 consecutive days for compensation. 50 51 . . . . 52 53 Sec. 15-8. - Home sharing requirements. 54 55 To the extent permitted by state law, each dwelling offered as a home share 56 must maintain registration with the Commissioner of Revenue's office and pay all 57 applicable taxes. 58 59 Sec. 15-9. - Short term rental requirements. 60 61 All short term rentals in the City of Virginia Beach shall comply with the following 62 requirements: 63 64 1. A parking plan illustrating how one (1) parking space for every bedroom 65 shall be provided. Such plan shall be reviewed and approved by the Zoning 66 Administrator or his designee, if appropriate to the zoning district and the 67 adjacent neighborhood; 68 69 2. No events with more than fifty (50) people present, shall be held absent a 70 special events permit. Events with more than fifty (50) people are limited to 71 no more than three (3) events in a calendar year. No more than one 72 hundred (100) people shall be present at any event held on the property; 73 74 3. The owner or the owner's agent must be identified, a telephone number 75 given and they must be able to be present on the site within thirty (30) 76 minutes of being contacted at all times during the rental period; 77 78 4. No signage shall be on site, except that each short term rental is allowed 79 one (1), one-foot by one-foot sign, posted on the building, that identifies the 80 short term rental. Architectural signs naming the structure are excluded 81 from this limitation; 82 83 5. To the extent permitted by state law, each short term rental must maintain 84 registration with the Commissioner of Revenue's office and pay all 85 applicable taxes. 86 2 87 6. There shall be posted in a conspicuous place within the dwelling a summary 88 provided by the Zoninq Administrator of City Code Sections 23-69 through 89 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on 90 the beach) and 12-43.2 (fireworks); 91 92 7. All refuse shall be placed in automated refuse receptacles, where provided, 93 and comply with the requirements of City Code Sections 31-26, 31-27 and 94 31-28; 95 96 8. There shall be no more than one (1) rental contract during any consecutive 97 seven (7) day period; 98 99 9. The owner shall provide proof of liability insurance applicable to the rental 100 activity of at least one million dollars ($1,000,000.00) underwritten by 101 insurers acceptable to the city; 102 103 10.There shall be no outdoor amplified sound after 10 PM or before 10 AM; 104 and 105 106 11.The maximum number of persons on the property after 11:00 PM and 107 before 7:00 AM shall be three (3) individuals per bedroom plus two (2) 108 additional persons. 109 110 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14135 R-1 April 5, 2018 3 1 REQUESTED BY COUNCILMEMBER MOSS 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 5 501, 506, 601, 901, 1110, 1125, 1521 AND 2203 OF THE 6 CITY ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 PERTAINING TO THE DEFINITION AND USE OF HOME 9 SHARING AND SHORT TERM RENTALS 10 11 Sections Amended: City Zoning Ordinance Sections 102, 12 111, 401, 501, 506, 601, 901, 1110, 1125, 1521, and 2203 13 and Oceanfront Resort District Form-Based Code Section 14 5.2 15 16 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA: 22 23 That Sections 102, 111, 401, 501, 506, 601, 901, 1110, 1125, 1521, and 2203 of 24 the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form- 25 Based Code are hereby amended and reordained to read as follows: 26 27 ARTICLE 1. GENERAL PROVISIONS 28 29 . . . . 30 31 Sec. 102. Establishment of districts and official zoning maps. 32 33 (a) In order to carry out the purposes and provisions of this ordinance, the 34 following districts are hereby established: 35 36 . . . . 37 38 (al) There are hereby established the Shore Drive Corridor Overlay District. 39 following overlay districts: 40 41 a) Shore Drive Corridor Overlay District ("SD"); 42 43 L2) North End Overlay District ("NE"); 44 45 (J Old Beach Overlay District ("OB"); 46 47 (4) Historic Kempsville Area Overlay District ("HK"); 48 49 ) Workforce Housing Overlay District ("WF"); and 50 51 (6) Short Term Rental Overlay District ("STR"). 52 53 Such districts shall be designated on the official zoning map by the an 54 appropriate notation 4S-D-" following the designation of the underlying zoning district. As 55 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 56 Use District shall be designated on the official zoning map as having the classification 57 "B-4(SD)." 58 59 • 61 - •- - •- • e --e - e - -e - • • - • - - - e ee - _ • - - - • 62 - e - ' - -e _ - _ _ !• - - - - - - - 63 e • - e ••-•- --'-e -- e- - - - _ . . -- - - - L „ 64 6566 shall be designated on the official zoning map by the notation "(OB)" following the 67 e •- - - e - e • e - e e• ' - • - - e ee-- •• -- ! - _ 68 e . a. _ e . - - ! - '- a". . e- e - 'e ._ e - - 69 e ••-•- --•-e -e - • e • - - - • -- - _ ■ • _ 70 71 72 - - - -• - - e - - e 5 - •- e • • e•••- . -- e •- • _ ., • 73 e e - " e e - e e " - - - - - - • • - - e - --- 74 -- -' _ - ---e ' - e . _ .. . _ _ - _ -- - = - 75 P. - - e - - e - - - - - . _ _ . - _ - • -- - 76 2(HK)." 77 78 79 e• • - - e - - e - • e - e e •- -e . 'e - e e e • 80 -- _ _ - _ e -- _ -e - _ e- a e' ' . A . - - - e se-- _ 81 -e - - . -e - - _ e -e - - e _ . . - e - - -e e- • 82 -- _ • 5-••: -e - - - • - - -- - "= ' -- _ e - -e- e 83 Overlay District shall be limited to property located within those areas of the city 84 designated in section 2103 of this ordinance that has been rezoned to incorporate the 85 Workforce Housing Overlay District as an overlay to the underlying zoning classification 86 of the property. 87 88 . . . . 89 90 Sec. 111. Definitions. 91 2 92 . . . . 93 94 Home sharing. A dwelling in which a room or rooms are offered for rental for 95 compensation for a period of less than thirty (30) consecutive days by an owner who 96 utilizes the dwelling as his principal residence and occupies the dwelling during any 97 such rental period. 98 99 . . . . 100 101 Hotel and motel. A building or group of attached or detached buildings containing 102 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units,. 103 and for which compensation is exchanged for short-term occupancy of the dwelling or 104 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 105 registration and keeping of records relating to hotel guests. This term al „ includes 106 motels. 107 108 . . . . 109 110 Principal residence. Principal residence shall be the location where a person 111 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 112 principal residence. 113 114 . . . . 115 116 Short term rental. A dwelling that does not meet the definition of home sharing in 117 which a room or rooms, or the entire dwelling are rented for less than thirty (30) 118 consecutive days for compensation. 119 120 . . . . 121 122 Sec. 401. Use Regulations. 123 124 ARTICLE 4. - AGRICULTURAL DISTRICTS 125 126 (a) Principal and conditional uses. The following chart lists those uses permitted 127 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 128 respective agricultural districts shall be permitted as either principal uses indicated by a 129 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 130 shall be prohibited in the respective districts. No uses or structures other than as 131 specified shall be permitted. 132 Use j AG-1 1 AG-2 3 Home sharing meeting the requirements of City Code section 15-8 P P J Short term rental meeting X XJ Short term rental within the STR Overlay District P_ P 133 134 (b) Accessory uses and structures. Uses and structures which are customarily 135 accessory and clearly incidental and subordinate to principal uses and structures, 136 including but not limited to, an accessory activity operated for profit in a residential 137 dwelling unit where (i) there is no change in the outside appearance of the building or 138 premises or any visible or audible evidence detectable from outside the building lot, 139 either permanently or intermittently, of the conduct of such business except for one (1) 140 nonilluminated sign not more than one (1) square foot in area mounted flat against the 141 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 142 by such activity in greater volumes than would normally be expected in the 143 neighborhood, and any need for parking generated by the conduct of such activity is 144 met off the street and other than in a required front yard; (iii) the activity is conducted on 145 the premises which is the bona fide residence of the principal practitioner, and no 146 person other than members of the immediate family occupying such dwelling units is 147 employed in the activity; (iv) such activity is conducted only in the principal structure on 148 the lot; (v) there are no sales to the general public of products or merchandise from the 149 home, except for agricultural products, or agricultural-related products, incidental to an 150 agricultural operation on which the dwelling unit is located; and (vi) the activity is 151 specifically designed or conducted to permit no more than one (1) patron, customer, or 152 pupil to be present on the premises at any one time. Notwithstanding the provisions of 153 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 154 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 155 persons on the premises at any one time in connection with the performance of such 156 rites, provided that all other requirements of subdivision (b)(2) are met. The following 157 are specifically prohibited as accessory activities: Convalescent or nursing homes, 158 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 159 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 160 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 161 use to the dwelling. 162 163 . . . • 164 165 ARTICLE 5. RESIDENTIAL DISTRICTS. 166 4 • 167 . . . . 168 169 Sec. 501. Use regulations. 170 171 (a) Principal and conditional uses. The following chart lists those uses permitted 172 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 173 respective residential districts shall be permitted as either principal uses indicated by a 174 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 175 shall be prohibited in the respective districts. No uses or structures other than as 176 specified shall be permitted. 177 Use R- R- R- R- R- R- R- R- I R- I R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home sharing meeting the requirements of City Code section 15- P P P P P P P P P P 8 Short term rental X XIX X X I X X X X X Short term rental within the STR PPPPP P ( P PP P Overlay District I 178 — k 179 (b) Accessory uses and structures. Uses and structures which are customarily 180 accessory and clearly incidental and subordinate to principal uses and structures and 181 where such accessory structures do not exceed the height of the principal structure and, 182 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 183 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 184 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 185 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 186 the principal structure. Such accessory uses and structures include but are not limited 187 to: 188 . . . . 189 5 190 (7) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 191 days or more is an accessory use to the dwelling. 192 193 . . . . 194 195 Sec. 506.-North End Overlay District. 196 197 . . . . 198 In the North End Overlay, all short term rentals as defined in section 111 of the 199 City Zoning Ordinance shall be permitted uses and shall meet the requirements 200 of City Code section 15-9. 201 202 203 ARTICLE 6. - APARTMENT DISTRICTS 204 205 . . . . 206 207 Sec. 601. - Use regulations. 208 209 (a) Principal and conditional uses. The following chart lists those uses permitted 210 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 211 respective apartment districts shall be permitted as either principal uses indicated by a 212 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 213 shall be prohibited in the respective districts. No uses or structures other than as 214 specified shall be permitted. 215 A- A- A- i A- Use 12 j 18 24 j 36 1 Home sharing meeting the requirements of City Code section -`- 15-8 P P i P P _ X Short term rental X X I X Short term rental within the STR Overlay District P I r ' P j P i 216 - --------- 217 (b) Accessory uses and structures. Uses and structures which are customarily 218 accessory and clearly incidental and subordinate to principal uses and structures, 219 including but not limited to: 6 220 221 . . . . 222 223 (3) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 224 days or more is an accessory use to the dwelling. 225 226 227 228 ARTICLE 9. - BUSINESS DISTRICTS 229 230 . . . . 231 232 Sec. 901. - Use regulations. 233 234 (a) Principal and conditional uses. The following chart lists those uses permitted 235 within the B-1 through B-4K Business Districts. Those uses and structures in the 236 respective business districts shall be permitted as either principal uses indicated by a 237 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 238 shall be prohibited in the respective districts. No uses or structures other than as 239 specified shall be permitted. 240 Use B- B- B- B- B- 1 B- B- j 1 1A 2 3 4 1 4C 4K Home sharing meeting the requirements of City Code X ( X X XP P P section 15-8 — — " " Short term rental ' X X IX X IX X I X Short term rental within the STR Overlay District X X X X I( P P 241 242 (b) Accessory uses and structures. Uses and structures which are customarily 243 accessory and clearly incidental and subordinate to the principal uses and structures, 244 including, but not limited to: 245 246 . . . . 247 248 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive 249 days or more is an accessory use to the dwelling. 250 7 251 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 252 253 Sec. 1110. - Land use regulation. 254 255 . . . . 256 257 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 258 A-12 Apartment District other than hospitals and sanitariums, together with the 259 following enumerated uses and structures, shall be permitted: 260 261 (1) Fraternity and sorority houses, student dormitories and student centers; 262 263 (2) Housing for seniors and disabled persons, with a conditional use permit; 264 265 (3) Marinas; 266 267 (4) Private clubs or social centers provided that clubs where conduct of commercial 268 affairs is a principal activity shall not be permitted; and 269 270 (5) Residential care for seniors, provided that no more than two (2) employees 271 including a bona fide resident of the dwelling shall be permitted,,-; and 272 273 0) Home sharing meeting the requirements of City Code section 15-8. 274 275 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 276 277 (1) Communication towers; 278 279 (2) Family day-care homes; 280 281 (3) Group homes; 282 283 (4) Kennels, residential; 284 285 (5) Religious uses; 286 287 (6) Wind energy conversion systems, free standing and roof-mounted; and 288 289 (7) Home-based wildlife rehabilitation facilities, provided that the principal 290 structure is a single-family dwelling and the lot is greater than two thousand 291 five hundred (2,500) square feet,,-; and 292 293 0) Short term rental within the STR Overlay District. 294 295 8 296 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 297 298 . . . . 299 300 Sec. 1125. - Allowed uses. 301 302 Within the PD-H2 District, only the following uses and structures shall be permitted: 303 304 (a) Principal uses and structures. 305 306 (1) Dwelling units of the types specified in the land use plan; 307 308 (2) Public buildings, structures, and other public uses; 309 310 (3) Recreational facilities of the type described in the plan; 311 312 (4) Child care education centers, in connection with public or private 313 elementary schools or churches, provided that such uses shall not be 314 eligible for residential density credit; 315 316 (5) Day-care centers, provided that such uses shall not be eligible for 317 residential density credit; 318 319 (6) Public utilities installations and substations; provided offices or storage or 320 maintenance facilities shall not be permitted; and provided, further, that 321 utilities substations, other than individual transformers, shall be surrounded 322 by a wall, solid except for entrances and exits, or by a fence with a 323 screening hedge five (5) to six (6) feet in height; and provided also, 324 transformer vaults for underground utilities and like uses shall require only 325 a landscaped screening hedge, solid except for access opening..-; and 326 327 (7) Home sharing meeting the requirements of City Code section 15-8. 328 329 330 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 331 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 332 a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory 333 use to the dwelling. 334 335 (c) Conditional uses. 336 337 (1) Religious uses, provided that such use shall not be eligible for residential 338 density credit; 339 340 (2) Family day-care homes; foster homes and group homes, provided that such 341 uses shall not be eligible for residential density credit; 9 342 343 (3) Home occupations..-i 344 345 (4) Housing for seniors and disabled persons,,-; and 346 347 (5) Short term rental within the STR Overlay District. 348 349 . . . . 350 351 C. RT-3 RESORT TOURIST DISTRICT 352 353 . . . . 354 355 Sec. 1521. Use regulations. 356 357 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 358 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 359 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 360 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 361 buildings within the RT-3 District may include any principal or conditional uses in 362 combination with any other principal or conditional use. No uses or structures other than 363 those specified shall be permitted. All uses, whether principal or conditional, should to 364 the greatest extent possible adhere to the provisions of the Special Area Design 365 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 366 Plan. Use RT-3 Home sharing meeting the requirements of City Code sectionl5-8 P , Short term rental Short term rental within the Short Term Overlay District P 367 _------- 368 (b) Accessory uses and structures : Uses and structures which are customarily 369 accessory and clearly incidental and subordinate to the principal uses and structures; 370 provided, however, that drive-through facilities shall not be permitted as an accessory 371 use: 372 373 . . . . 374 375 (2) Rental of rooms in a dwelling or the entire dwelling thirty (30) 376 consecutive days or more is an accessory use to the dwelling. 10 377 378 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 379 380 . . . . 381 382 B. - DEVELOPMENT REGULATIONS 383 384 . . . . 385 386 Sec. 2203. - Use regulations. 387 388 (a) The following chart lists those uses permitted within the Central Business Core 389 District. Uses and structures shall be allowed either as principal uses, indicated by a 390 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 391 shall be prohibited, unless allowed by special exception for Alternative Compliance 392 pursuant to Section 2205. No uses or structures other than as specified herein or as 393 allowed pursuant to subsection (b) shall be permitted. 394 Use I District CBC Home sharing meeting the requirements of City Code section 15-8 i P Short term rental X Short term rental within the Short Term Overlay District P 395 396 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 397 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 398 use permitted by this section, either as a principal or conditional use. In determining 399 whether a proposed use is similar to a listed use, the Zoning Administrator shall 400 consider (1) the actual or projected characteristics of the proposed use in comparison 401 to those of the most similar listed use; and (2) the categorization of the proposed use 402 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 403 rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an 404 accessory use to the dwelling. 405 406 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 407 408 . . . . 409 11 410 Sec. 5.2. Permitted Use Table. 411 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home sharing = L _ = L L L _ See Sec.15-8 meeting the requirements of City Code section 15-8 Short term rental = L _ - L L L = See Sec.15-9 meeting the requirements of City Code section 15-q 412 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14135 R-14 April 5, 2018 12 1 REQUESTED BY COUNCILMEMBER MOSS 2 3 AN ORDINANCE TO AMEND THE OFFICIAL 4 ZONING MAP BY THE DESIGNATION AND 5 INCORPORATION OF PROPERTY INTO THE 6 SHORT TERM RENTAL OVERLAY DISTRICT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the official zoning map of the City of Virginia Beach be, and hereby is, 15 amended by the designation and incorporation of the area described below: 16 17 That property located in Sandbridge and bounded on the north by the USN Fleet 18 Combat Training Center Atlantic; on the south by the Little Island Park; on the east by 19 the Atlantic Ocean; and on the west, north of Sandbridge Road, by the western 20 boundary of the subdivision known as "Sandbridge North Area," and south of 21 Sandbridge Road, by the property of the United States of America and the Back Bay 22 National Wildlife Refuge, as depicted on the map entitled "Sandbridge" dated June 17, 23 1994, prepared by the department of public works and recorded in Map Book 240, Pgs. 24 81-84 as the short term rental overlay district. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14137 R-5 April 5, 2018 2 REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICT) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS 7 8 Sections Added: City Zoning Ordinance Sections 9 2300 - 2303 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through 18 2303, is hereby added and ordained to read as follows: 19 20 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICT 21 22 Sec. 2300. Findings; intent. 23 24 The Virginia General Assembly has directed that short term rentals shall be 25 permitted as a principal use in the area defined as the Sandbridge Special Service 26 District. In addition, the City Council hereby finds that there are certain areas of the City 27 in which residential dwellings are, and historically have been, rented to vacationers or 28 others on a short term basis. In these areas, the City Council finds that such uses, 29 when appropriately regulated, may be carried on without adversely affecting the 30 adjacent residential neighborhoods. In other areas of the City, short term rentals are not 31 compatible with the residential use of the surrounding properties and are often the 32 cause of excessive noise, illegal or improper parking, traffic violations, congestion and 33 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in 34 which they occur The provisions of this Article allow short term rentals, with appropriate 35 restrictions, only in those areas directed by the General Assembly and/or in such other 36 areas in which short term rentals may be carried on without adversely affecting the quiet 37 enjoyment of neighboring properties. 38 39 Sec. 2301. District boundaries. 40 41 (a) The Short Term Rental Overlay District boundaries shall be as designated 42 on the official zoning map of the city (STR). 43 44 (b) Other identified areas of the City may petition the City Council for an 45 overlay to be created if the identified community is able to gather the signatures of sixty 46 (60) percent of the owners of the properties in the community. Such communities shall 47 be an identified community that is not created for the purpose of having a short term 48 rental overlay. 49 50 Sec. 2302. Application of regulations. 51 52 The designation of any property as lying within the Short Term Rental Overlay 53 District shall be in addition to, and not in lieu of, the underlying zoning district 54 classification of such property, such that any property situated in the Short Term Rental 55 Overlay District shall also lie within one or more of the zoning districts enumerated in 56 Section 102(a) of this ordinance. All such property shall be subject to the requirements 57 of this Article as well as to all other regulations applicable to it, and to the extent that 58 any provision of this Article conflicts with any other ordinance or regulation, the 59 provision of this Article shall control. 60 61 Sec. 2303. Use regulations. 62 63 (a) Subject to general requirements and to the regulations of the underlying 64 zoning district, all uses and structures permitted as principal, conditional or accessory 65 uses in the underlying zoning district in which they are located shall be permitted 66 within the Short Term Rental Overlay District. 67 68 Short term rentals shall be a permitted use if they comply with the 69 conditions required in City Code section 15-9. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14136 R-6 April 5, 2018 3 4 ADD ON Mayor Sessoms advised the City Manager delivered the attached letter to City Council dated today regarding "Potential Modifications to the Agriculture Reserve Program (ARP) as Submitted in the City Manager's Proposed FY2018-19 Operating Budget", which is made a part of this record. April 17, 2018 • City of - Tir iriia beach u• f G 4 it* r., 09 OF OUR'NAS°14 OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUILDING 1 FAX(757)427-5626 2401 COURTHOUSE DRIVE TTY:711 VIRGINIA BEACH,VA 23456-9001 April 17, 2018 The Honorable William D. Sessoms, Jr., Mayor and Members of City Council Subject: Potential Modifications to the Agriculture Reserve Program (ARP) as Submitted in the City Manager's Proposed FY 2018-19 Operating Budget Dear Mayor and Council Members: As you all are aware, the City Manager's Proposed FY 2018-19 Operating Budget recommends the re-allocation of 0.7 cents of the 0.9 cents of real estate tax rate currently dedicated to the Agriculture Reserve Program (ARP) to the Storm Water Capital Improvement Program (CIP) to address critical flooding and storm water mitigation projects. Attachment A is a list of the projects that this repurposing would fund through the next six years. Over the last two weeks, I have had discussions with Councilwoman Henley and several of you regarding the impact that this proposed change would have on the agriculture community and the future of the ARP. Based upon these conversations, four scenarios have been analyzed and reviewed with respect to the direction of ARP funding. The baseline assumption for all scenarios include restoration of the full 0.9 cent real estate tax dedication to be used for the ARP and southern watershed flooding and storm water projects. This results in the need to reduce the funding provided to the storm water and flood mitigation projects as proposed in the FY 2018-19 Capital Improvement Program (Attachment A). Without ARP funding, Ashville Park Drainage and Southern Canal/Lead Ditch and Culvert Improvements remain in critical need of additional funding. Enclosed in Attachment B, you will find a summary of the four scenarios related to the ARP Program. Each of the scenarios analyzed provide some level of funding to these projects. Baseline assumptions for all scenarios include: • Reinstatement of real estate dedication to 0.9 cent of the real estate tax • Assumed growth of 2.8% per year in real estate revenue E Ashville Park — Phase I has an unfunded construction balance of $3 million. I am recommending that $1.5 million come from the ARP Fund Balance (one-time) and $1.5 million from funding originally programmed in Central Resort District Improvements The Honorable William D. Sessoms, Jr., Mayor and Members of City Council Agriculture Reserve Program April 17, 2018 ''age 2 Each scenario is summarized as follows: Scenario 1: • Enrollment of 300 additional acres per year • Using excess revenue over expenditures for the Southern Canal/Lead Ditch project • This scenario retains ARP Fund Balance (after $1.5 million is dedicated to Ashville Park) of approximately $11.5 million in perpetuity Scenario 2: • Enrollment of 300 additional acres per year • Additional $990,000 annually for the Southern Canal/Lead Ditch project • This scenario uses fund balance over time and stays positive through the FY 2044-45 planning horizon Scenario 3: o Enrollment of 350 additional acres per year and allows only$150,000 annually for the Southern Canal/Lead Ditch project ▪ This scenario uses fund balance over time and stays positive through the FY 2044- 45 planning horizon Scenario 4: • Enrollment of 400 additional acres per year © No additional annual funding for the Southern Canal/Lead Ditch project O This scenario creates a deficit in fund balance by FY 2038-39 The controlling factor for every scenario is to ensure that a deficit did not occur within the ARP Fund Balance. There is an inverse relationship between the number of acres enrolled in ARP and the available funding for the Southern Canal/Lead Ditch project. Scenario 4 demonstrates the inability of ARP to support the annual enrollment of 400 additional acres, which will result in a deficit in the ARP Fund Balance. Last Friday, 13 April, staff and I met with the Agricultural Advisory Committee and recommended Scenario 2 which represents the maximum use of ARP funding. This scenario maintains the current practice of enrolling 300 acres annually, providing a one-time reallocation of$1.5 million in FY 2018-19 for Ashville Park, and $990,000 annually for the Southern Canal/Lead Ditch CIP. Projections are that this scenario is sustainable through FY 2044-45. I am deeply appreciative of the Agricultural Advisory Committee's decision to endorse this recommendation and have provided their letter of support (Attachment C). If you have any questions or comments, please let me know. 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V N Attachment C GIN EAc"i O `4070 z> city of Vii--. 1 rut Beach L ' C1 9p SUR NAt\ON 44 AGRICULTURE ADVISORY COMMISSION MUNICIPAL CENTER (757)-385-5775 BUILDING 14 FAX(757)385-5684 I TDD(757)385-4305 2449 PRINCESS ANNE ROAD VIRGINIA BEACH,VIRGINIA 23456 April 16, 2018 The Honorable Mayor William D. Sessoms, Jr. Members of City Council Subject: Agriculture Reserve Program (ARP) Dear Mayor and Council Members: The Agriculture Advisory Commission held a special meeting on Friday, April 13, 2018 to discuss the options for the ARP. The City Manager presented to the Agriculture Advisory Commission a draft letter addressed to the Mayor and City Council (Attachment A) regarding potential modifications to the ARP as submitted in the City Manger's Proposed FY 2018-19 Operating Budget which recommends the re-allocation of 0.7 cents of the real estate tax rate currently dedicated to the ARP to the Storm Water Capital Program (CIP) to address critical flooding and storm water mitigation projects. The Agriculture Advisory Commission has by majority vote agreed to Scenario 2 that is referenced in the City Manager's draft letter. It states—Agricultural Reserve Program (With A tax Rate of 0.9 Cent) —Scenario 2: Enrollment of 300 acres per year, additionally$990,000 annually of the excess revenue for Southern Canal/Lead Ditch Storm Water FY19 to FY45, and from the fund balance a transfer of $1.5M (one-time) to CIP for Ashville Park. This scenario uses fund balance over time and stays positive through the FY 2044-45 planning horizon according to information provided at the special meeting. ©, spectfully, a. Diane Horsley ' Chair dh/jd c: David L. Hansen, City Manager Ronald H. Williams, Deputy City Manager David E. Trimmer, Director, Department of Agriculture John Cromwell, Secretary, Agriculture Advisory Commission Jason Dawley, Commissioner, Agriculture Advisory Commission Bad Frye, Commissioner, Agriculture Advisory Commission W. P. "Billy" Vaughan, Vice Chair, Agriculture Advisory Commission Attachment(1) 5 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) COMMONWEALTH'S ATTORNEY ITEM#67969 3:13 P.M. Mayor Sessoms welcomed Colin Stolle, Commonwealth's Attorney. Mr. Stolle expressed his appreciation to the City Council for their continued support: 6 Office of the Commonwealth's Attorney Budget Workshop April 17, 2018 Colin Stolle,Commonwealth's Attorney The Department's Budget increased 4%: "Commonwealth's Attorney" Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19 FY 18-19 Change FY 18 i Amended i FTE Proposed FTE Amended to FY 19 Proposed Judicial $8,538,112 82.91 $8,896,166 85.91 $358,054 4% Victim Witness $805,995 11.92 $816,827 11.92 $10,832 1% Grant DEA Seized $100,000 0 $100,000 0 $0.00 0% Property Total $9,444,107 94.83 $9,812,993 97.83 $368,886 4% Total without $9,344,107 94.83 $9,712,993 97.83 DEA April 17, 2018 6 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) COMMONWEALTH'S ATTORNEY ITEM#67969 (Continued) Here are the Department's Trends &Issues: Commonwealth's Attorney Trends&Issues > Efforts continue to transition to a paperless operation progressing with the anticipated implementation of a replacement case management software system that has improved functionality.The new system will be browser- based and Is highly configurable navigation screens/views and data elements,which will improve staff productivity.Because it is highly configurable,the system is adaptable to business needs and process changes. D The office worked with other city and state agencies to form a Drug Treatment Court to offer an alternative sentencing option for non-violent drug addicts in need of treatment and other services. D Handled almost 18,000 criminal charges last fiscal year > Due to the increase in the use of forensic science and technology,cases are becoming more complex, requiring more time for advanced case preparation. > Due to ever-changing case law,attorneys are spending more time reading and researching to be thoroughly prepared for court. > Some of the charges that the office prosecuted last year: > 3,080 felony property crimes D 1,770 violent crimes D 2,170 felony drug offenses D 1,780 DUI related cases Commonwealth's Attorney Trends & Issues (continued) > Although notstatumrllyregulred the office prosecuted last year: > 2,310 domestic violence charges > 1,780 misdemeanor DUI related charges > 1,400 criminal city misdemeanor appeals > During the week of March 12,2018,the Commonwealth's Attorney's Office handled: > 412 felony cases in Circuit Court > 38 bond hearings;26 bond appeal hearings;5 detention hearings > 178 determination of counsel hearings > 55 sentencing hearings > 64 preliminary hearings > 113 revocation hearings > 63 individual indictments(300 charges)from March 2018 Grand Jury April 17, 2018 7 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) COMMONWEALTH'S ATTORNEY ITEM#67969 (Continued) Here are the Department's Major Budget Changes: Major Budget Changes Significant workload increases are anticipated with implementation of Police Body Worn Cameras(i.e.video reviewing and redacting,case preparation,and presentation).The first of a four-phase program was funded in FY 2016-17,and the second phase of staffing for the Commonwealth Attorney's Office is anticipated in FY 2018-19. Mayor Sessoms expressed his appreciation to Mr. Stolle and the entire department for their hard work and dedication to the City. April 17, 2018 8 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) CLERK OF THE CIRCUIT COURT ITEM#67970 3:14 P.M. Mayor Sessoms welcomed Tina Sinnen, Clerk of the Circuit Court. Mrs. Sinnen expressed her appreciation to the City Council for their continued support. April 17, 2018 9 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) SHERIFF and CORRECTIONS ITEM#67971 3:19 P.M. Mayor Sessoms welcomed Ken Stolle, Sheriff. Sheriff Stolle expressed his appreciation to the City Council for their continued support: A 0ERipp 5 S " u Ato-7A b�4 Virginia Beach Sheriff's Office Budget Workshop April 17, 2018 Ken Stolle Sheriff/High Constable The Department's Budget increased by 0.5%: ' Sheriff's Office Operating Expenditures I FY 17-18 FY 17- FY 18-19 FY 18- Change FY 18 Program Unit Amended 18 FTE Proposed 19 FTE Amended to FY 19 Proposed Admin $3,250,738 33.62 $3,280,600 35.67 $29,862 0.9% Court Support 4,811,106 75.51 5,044,742 79.85 233,636 4.9% Corrections 30,465,474 298.49 30,644,197 295.7 178,723 0.6% Care Mart 441,089 8.8 514,104 9.6 73,015 16.6% Booking 3,111,044 44.0 3,261,970 45.0 150,926 4.9% Work Force 1,238,147 14.0 1,186,634 13.0 (51;513) (4 2%) Inmate Support 2,633,594 41.7 2,620,759 41.0 (12,835) (0.5%) LETA 1,473,399 16.7 1,589,523 17.0 116,124 7.9% Reserves 491.743 NA 0 NA (491,743) (100%) Total $47,916,334 532.82 $48,142,529 536.82 $226,195 0.5% April 17, 2018 10 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) SHERIFF and CORRECTIONS ITEM#67971 (Continued) Here are the Department's Major Budget changes: ,p; Sheriff's Office Major Budget Changes q ❑3 FTE's,Deputies for the Medical Program ❑ 1 FTE,Business Application Specialist to liaison with IT ❑ADA compliant van Here are the Department's Trends&Issues: A •A. Sheriff's Office Trends&Issues ❑FY18 Issues ❑ Pay Equality/Compression ❑ Requested but not funded ❑ HR Public Safety Analyst(Safety Officer) ❑ LETA PT Clerk converted to FT ❑ 2 PT Clerks(Records&Extra Duty) ❑ 3 fully-equipped vehicles for LETA Mayor Sessoms expressed his appreciation to Sheriff.Stolle and the entire department for their hard work and dedication to the City. April 17, 2018 11 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY COMMUNICATIONS and CITIZENS SERVICES ITEM#67972 3:22 P.M. Mayor Sessoms welcomed Stephen Williams, Director. Mr. Williams expressed his appreciation to the City Council for their continued support: Emergency Communications & Citizen Services Budget Workshop April 16, 2018 Stephen Williams,ENP Director The Department's Budget increased 0.11%: Emergency Communications &Citizen Services Operating Budget Program Unit FY 17-18 FY 17- FY 18-19 FY 18- Amended 18 FTE Proposed 19 FTE Change FY 18 Amended to FY 19 Proposed Director's Office $231,954 1.75 $ 232,691 1.75 $ 737 0.03% Administration 479,983 5.0 501,027 5.0 21,044 0.44% Training 50,000 NA 108,024 NA 58,024 2.16% Emergency 8,599,923 106.0 8,593,085 106.0 (6,838) (0.01%) Communications Citizen Services 944,069 18.0 904,291 18.0 (39,778) (0.43%) Technology& 779,363 7.0 • 758,118 7.0 (21,245) (0 28%) Support Total $11,085,292 137.75 $11,097,236 137.75 $11,945 0.11% April 17, 2018 12 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY COMMUNICATIONS and CITIZENS SERVICES ITEM#67972 (Continued) 9-1-1 Training Program Update Old Training New Training Change Program Program (1/2010-10/2015) (6/2016-4/2013) Average number of 64.95 25.92 Decrease of 39.09 working days to working days provisional status Average number of 119.8 123.09 Increase of 3.29 training hours to hours provisional status Average hours of 1.84 4.74 Increase of 2.90 training per hours working day Average number of 191 118.95 Decrease of 72.05 working days to working days fully released call taker from hire date 'working days are based on a 40 hour work week and exclude days off. Here are the Department's Trends&Issues: Emergency Communications&Citizen Services Trends&Issues • State Budget Amendment to 911 Wireless Funding — Municipalities receiving fund reduction would be held"harmless"for two years in order to provide additional time for budgeting purposes. » If approved,Virginia Beach would continue to receive current funding stream until FY21. • CIT/CIP Requests — Customer Relationship Management System(CRM) » Ability to track data—what's happening in the city » Ability to generate actionable reports — Generator » EMS Facility on Virginia Beach Blvd • Training site for ECCS Mayor Sessoms expressed his appreciation to Mr. Stephens and the entire department for their hard work and dedication to the City. April 17, 2018 13 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#67973 3:25 P.M. Mayor Sessoms welcomed Chief Edward Brazle. Chief Brazle expressed his appreciation to the City Council for their continued support: toTt �f t 1j Emergency Medical Services Budget Workshop April 17, 2018 Chief Edward M. Brazle The Department's Budget increased 2.17%: Emergency Medical Services Operating Budget Program Unit FY 17-18 FY 1849 Change FY 18 Amended FTE Proposed FTE Amended to FY19 - Proposed Administration $ 809,950 8.5 $892,087 8.5 $82,137 10.01% Training $1,177,864 9.0 $1,219,551 9.0 $41,687 3.54% Operations and $7,915,109 57.0 $8,029,667 58.0 $114,558 1.45% Response Regulation and Compliance $252,189 3.0 $245,723 3.0 ($6,466) (2.56%) Lifeguard Services $1,970,361 10.05 $2,002,161 10.05 $31,800 1.61% Total $12,125,473 87.55 $12,389,189 88.55 $263,716 2.17% April 17, 2018 14 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#67973 (Continued) Here are the Departments Trends&Issues: EMS Trends and Issues The Good • Declining volunteer membership trends have been addressed • Training infrastructure has been reinforced • Morale and member satisfaction are strong • Cost of service remains low (<$225/call) • Community support remains strong p BEACH*EMS EMS Trends and Issues Challenges • Complexity of flexible volunteer scheduling • Call demands continue to rise • State training fund reductions • Hospitals becoming more specialized April 17, 2018 15 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#67973 (Continued) Here are the Department's Major Budget Changes: EMS Major Budget Change: Adds Officer to Coordinate Safety&Scheduling • Establishes formal EMS Safety program, providing greater focus on health and safety for EMS providers —Provides responsible officer to manage prevention programs —Provides more consistent accident investigations/reviews —Allows for better coordination of mental health support p BEACH*EMS EMS Major Budget Change: Adds Officer to Coordinate Safety&Scheduling • Formalizes centralized scheduling coordination —Aligns the efforts of more than a dozen independent officers scheduling more than 500 career and volunteer members —Provides more consistent distribution of available personnel —Provide more options for flexible assignments of individual members BEACH*EMS April 17, 2018 16 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MEDICAL SERVICES ITEM#67973 (Continued) BEA N S ECER;;Eh; 'i YEE,CA, SERVICES QUESTIONS? Mayor Sessoms expressed his appreciation to Chief Brazle and the entire department for their hard work and dedication to the City. April 17, 2018 17 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) FIRE DEPARTMENT ITEM#67974 3:31 P.M. Mayor Sessoms welcomed Chief David Hutcheson. Chief Hutcheson expressed his appreciation to the City Council for their continued support: TIW5 Fire Budget Workshop April 17, 2018 Fire Chief David W. Hutcheson The Department's Budget increased 2.5%: Fire Operating Budget Program Unit FY 17-18 FY 17-18 FY 1 -19 FY 1-19 Change FY 18 Amended FFE Proposed FTE Amended to FY 19 Proposed Administration $2,343,490 20 $2,698,618 25 $355,128 +5 Fire Prevention $2,884,612 29.71 $3,298,971 34.71 $414,359 +5 Operations $46,540,089 449 $47,023,197 451 $483,108 +2 Personnel& $1,539,149 14 $1,359,171 12.5 -$179,978 -1.5 Development Aid to localities $1,422,748 1 $1,421,346 1 -$1,402 0 SAFER Grant $567,929 8 $0 0 -$567,929 -8 Total $55,298,017 521.71 $55,801,303 524.21 $503,286 2.5 April 17, 2018 18 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) FIRE DEPARTMENT ITEM#67974 (Continued) Here are the Department's Significant Issues: Fire Significant Issues • Firefighter Health and Safety • Physical Fitness ✓ Length of time on limited duty • Cancer Prevention ✓ Second set of turnout gear i • Mental Health 5 • Special Events • Continued Increase in Emergency Call • Volume — • Weather Events • Technology • Asset Management • In-Mask Communications 4ur`" '" • Automated Inspections • Expanded Command Simulation Training Capabilities • Drone Program o L Thermal Imaging • In-Station Interactive Training Technology • Field-Based Reporting Fire Significant Issues ■ Current Growth • Fort Story - • Burton Station Fire&EMS ✓ Jan 2020 Move-In Date ✓ Engine&Ladder Station - - • Renovation of the fire training center t • Future Growth • ITA(Indian River Transition Area)SGA f! r ✓ Fire&EMS • Landstown ✓ Fire&EMS • April 17, 2018 19 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) FIRE DEPARTMENT ITEM#67974 (Continued) Here are the Department's Major Budget Changes: Fire Major Budget Changes Change Budget/FTE Impact Resource Management $78,797/1.0 FTE Direct oversight for inventory, Captain asset management,warehouse management Public Safety Strength, $89,832/1.0 FTE Minimize preventable injuries, Conditioning,and Exercise oversee Peer Fitness Program, Specialist share with PD and EMS Educational Instruction $28,011/0.5 FTE Conduct EMT and ALS training Supervisor and recertification;currently contract employee Full year Fort Story Fire $159,732/0 FTE Approved in FY18 for May 2018 Station costs start;annualized costs added to FY19 Conclusions • Appreciation for Council Funding • Fort Story • Asset Management Software • IPS/CAD • Public Safety Equipment CIP • Acknowledgement of Ongoing Priorities • Four-Person Staffing • Burton Station • Fleet Replacement • Pay/Compensation Mayor Sessoms expressed his appreciation to Chief Hutcheson and the entire department for their hard work and dedication to the City. April 17, 2018 20 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) POLICE DEPARTMENT ITEM#67975 3:44 P.M. Mayor Sessoms welcomed Chief James Cervera. Chief Cervera expressed his appreciation to the City Council for their continued support: go-qti„ Police Department Budget Workshop April 17, 2018 Chief James A. Cervera The Department's Budget increased 0.1%: Police Department Operating Budget Program Unit FY 17-18 FY 17- FY 1849 FY 1849 Change FY 18 Amended 18 FTE Proposed FTE Amended to FY 19 Proposed Director's Office $2,398,347 22.8 $2,442,632 22.8 $44,285 1.8% False Alarms 73,510 1.75 78,591 1.75 5,081 6.9% Professional Development 4,922,509 33.72 4,961,847 33.72 39,338 .8% and Training Community 842,941 8.0 803,892 8.0 (39,049) -4.6% Engagement Support 5,360,415 61.0 5,508,931 62.0 148,516 2.8% April 17, 2018 21 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) POLICE DEPARTMENT ITEM#67975 (Continued) Police Department Operating Budget Program Unit FY 17-18 FY 17- FY 18-19 FY 18-19 Change FY 18 Amended 18 FTE Proposed FTE Amended to FY 19 Proposed Canine 1,889,585 16.0 1,886,793 16.0 (2,792) -0.1% Helicopter 1,093,796 8.0 943,713 8.0 (150,083) -13.7% Uniform Patrol 57,884,200 594.63 58,046,327 603.63 162,127 .3% Red Light 1,062,176 2.4 1,068,252 2.4 6,076 .6% Camera Mounted Patrol 1,174,934 12.0 1,143,376 12.0 (31,558) -2.7% Police Department Operating Budget Program Unit FY 17-18 FY 17- FY 18-19 FY 18-19 Amended 18 FTE Proposed FTE Change FY 18 Amended to FY 19 Proposed Marine Patrol 1,111,289 10.46 1,078,534 10.46 (32,755) -2.9% School Resource 2,526,216 30.0 2,468,075 30.0 (58,141) -2.3% Officers Detective 13,332,046 140.0 13,298,720 141.0 Bureau (33,326) 2% Special 5,175,923 54.0 5,248,073 54.0 72,150 1.4% Investigations Commercial 391,686 0.0 392,086 0.0 400 .1% Extraditions April 17, 2018 22 CITY MANAGER'S BRIEFINGS , FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) POLICE DEPARTMENT ITEM#6 79 75 (Continued) Police Department Operating Budget Program FY 17-18 FY 17-18 FY 18-19 FY 18-19 Unit Amended FTE Proposed FTE Change FY 18 Amended to FY . _ - 19 Proposed Animal 3,620,978 46.0 3,599,197 46.0 (21,781) -.6% Control DEA—Body /In-Car 285,915 0 285,915 0 0 0% Cameras Total $103,146,466 1040.76 $103,254,954 1051.76 $108,488 0.1% Here are the Department's Trends &Issues: Police Department Trends & Issues Police Departments are not a cost to the City— they are an investment in the community. • Changes in society • Changes in Police responsibilities • Changes in public expectations • Changes in employee expectations and recruitment • Changes in our City • Professionalization of Policing "This is not your father's Oldsmobile!" April 17, 2018 23 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) POLICE DEPARTMENT ITEM#6 79 75 (Continued) Council Priorities Guiding Budget Development: Goal 1—Grow the Local Economy Goal 2—Create a Financially Sustainable City Providing Excellent Services Goal 3—Improve the Transportation System Goal 4—Revitalize Neighborhoods and Plan for the Future Goal 5—Be a Competitive First Class Resort for Residents,Businesses and Tourists Goal 6—Be the Safest City in Virginia Goal 7—We are an Inclusive Community that is Welcoming and Empowers All Goal 8—Our Community has World Class Schools and Education Programs Goal 9—Data and Technology is used to Enhance Community Livability, Prosperity and Sustainability Goal 10—City Assets and Infrastructure are Well Maintained and Meet Community Expectations These priorities are only possible when the public feels secure. Here are the Department's Major Budget Changes: Police Department Major Budget Changes: • All positions and current services are funded. • Priority continues to be an increase in sworn officers. • Continued funding is requested for Body Worn Camera/ In-Car Camera project. • Police revenue projections have decreased in FY19 mostly due to a decline in PhotoSafe violations. April 17, 2018 24 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) POLICE DEPARTMENT ITEM#67975 (Continued) Sworn Staffing Continued Phase-in of Sworn Personnel -$3.9 million (for 36.0 FTEs): • Neighborhood Resources and Central Business District Officers-$1.1 million(10.0 FTEs) • Oceanfront Resources-$2.8 million(26.0 FTEs) Year three of a five year plan to hire additional officers. Mayor Sessoms expressed his appreciation to Chief Cervera and the entire department for their hard work and dedication to the City. April 17, 2018 25 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MANAGEMENT ITEM#67976 4:03 P.M. Mayor Sessoms welcomed Erin Sutton, Director. Ms. Sutton expressed her appreciation to the City Council for their continued support: JC--".a"—'-,,n,4,41,lJ, gT 13 Office of Emergency Management Budget Workshop April 17, 2018 Erin Sutton The Department's Budget decreased 19.6%: Office of Emergency Management Operating Budget Program Unit FY 17-18 FY 17-18 FY 18-19FY 18-19 Change FY 18 Amended I FTE I Proposed I FTE Amended to FY 19 Proposed Personnel $383,737 5.0 $458,019 6.0 $74,282 19.4% Operating - $71,806 5.0 $88,846 6.0 $17,040 23.7% Capital $2,852 5.0 $1,500 6.0 $(1,3521 (47.4%) Total $458,395 5.0 5548,365 6.0 $89,970 19.6% April 17, 2018 26 CITY MANAGER'S BRIEFINGS FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) EMERGENCY MANAGEMENT ITEM#67976 (Continued) Here are the Department's Trends&Issues: Office of Emergency Management Trends&Issues ➢ As a part of the Capital Improvement Program,the Emergency Operations Center(EOC)was remodeled to modernize the operations room.These improvements allow for the Emergency Coordinator to effectively manage the personnel in the EOC during emergency situations. ➢ 2017 was an extremely active year for the Office of Emergency Management.Weather events such as tornadoes in the spring,record snowfalls in the winter,and 94,000 gallons of jet fuel spilling into Wolfsnare Creek,kept the Office engaged with City wide response and recovery. ➢ The Office continues to work on updating and expanding emergency response plans as well as a comprehensive recovery plan for the City. These plans offer guidance on how to plan for and undertake recovery efforts after a disaster event. ➢ Addition of Administrative Specialist for OEM in order to support the needs of the new Office of Emergency Management. ➢ Funding for a formal Exercise and Training program that includes city-wide training and education for the community. Here are the Department's Major Budget Changes: Office of Emergency Management Major Budget Changes 1.Oumre Imp. I Administrative Assistant An Administrative Assistant has been added to the Amount:$58,589 Office to assist with day to day operations.When the FTEs:1.0 Office became a separate entity from the Fire Department,they did not maintain support staff. I Citywide Exercise Program This additional funding will allow OEM to provide Amount:$15,000 training and education to the community-at-large, including active threat planning,hurricane preparedness and other training as requested by citizens. Mayor Sessoms expressed his appreciation to Ms. Sutton and the entire department for their hard work and dedication to the City. April 17, 2018 27 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 4:21 P.M. Mayor Sessoms welcomed Warren Harris, Director—Economic Development. Mr. Harris expressed his appreciation to the City Council for their continued support and presented the below presentation to City Council. cM 4 nlu r! r Town Center Block 2 April i7,zois City Council Briefing Warren Harris Director _. 100. 4e • TOWN CENTER 1998 - - April 17, 2018 28 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) ' AAI i • yrr"" J.• TOWN CENTER 2018 'T-: `�}.baw., 4 Town Center Fads ■ To Date(excluding Phase VI,Block 9): ✓ Office:814,736 sf ✓ Restaurants:122,807 sf(19 total) ✓ Retail:223,459sf tt 4hri 14 ✓ Residential:756 units =' - uF ✓ Hotel Rooms:412 rooms .,_,, ✓ Free Parking:4,350 To date,Armada Hoffler invested nearly$500 million in the town center of Virginia Beach in addition r_ 1 to Sio8 million of public investment. - �r April 17, 2018 29 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) Public/Private Investment in Town Center Investment Phase I Phase II Phase III Phase V Phase VI Total PUBLIC INVESTMENT Public Parking $22.5 $18.1 $16.9 $20.1 $0.0 $77.6 Garages* Meeting Space, $0.5 $9.9 $2.9 $13.3 Connector,and Land' Infrastructure- $6.3 $7.7 $1.7 $1.0 $1.0 $17.7 CIP/EDIP Funded TOTAL PUBLIC $29.3 $25.8 $28.5 $21.1 $3.9 $108.6 (Garage and Infrastructure) TOTAL PRIVATE $95 $97 $172 $84.4 $38.4 $487.8 Public Private Ratio 1 3 2 13.8 1:6 1 1:4.0 1.9.8 1.4.5 Completion Dates Fall 2003 Winter 2005 Fall 2007 Fall 2014 Summer 2018 Town Center Business Taxes* Type of FV 2006 FY 2007 FV 2008 FY-2009 FY-2010 55.2011 FY-2012 FY-2013 FY-2014 FY-2015 FY-2016 Toted Tax Business $840,825 $922049 $1531582 61233412 $1031408 81017.683 S1.145,026 $1 101 228 81273972 $1302397 61.523 180 $1335706€ License a Business $346.107 $396.849 $459 920 6488261 .441 $512452 S543806 $606636 $59533 5582047 569721 572687 $6180.860 Property Trustee 52.438.041 92.722755 53409303 $3,787405 $3 653931 $3942810 $4,331.820 54,431275 04,060,647 54,698,700 54912.979 544041201 Taxes General 5536 114 5567921 5601 962 5076243 5645569 $654.584 6798 863 5756 119 5696605 5789 641 $1050.213 56214036 Sales Taxes Total 64159087 54609574 56002,767 56,185501 95.843260 56158883 96682345 06 881 175 56613271 97487467 58.208050 $72894983 `Business Taxes Generated Within the Core Area of the CBD South TF District April 17, 2018 30 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) BLOCK 9 DEVELOPMENT 7'' 2018 Phase VI:$42.3 million investment Private Sector Components($38.4 million "` - investment) ■ Block g:Mixed-use Retail,Restaurant, Theater and Apartments: ✓ Level One:33,000 sq.ft.retail ✓ Level Two:i7,000 sq.ft.Zeiders American Dream Theater(3oo-seat experimental completion summer of zoic theater)and 5,000 sq.ft.restaurant 1b ✓ Level Three-Eight iii studio/i-bedroom • luxury apartments el , ` Public Sector Components(s3.9 million investment) ✓ Public laza and pedestrian bride ° .1 ,, P P g - ✓ StreetscapesIII 6 April 17, 2018 31 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) LOOKING AHEAD Town Center Development Path:Looking Ahead BLOCK 17 1�q` BLOCK 2 11 . --k. BLOCK 16 4 s'-'"•= � qi i llf 1. - . BLOCK 15 • .,..•- :,5 ,r BLOCK 9 Columbus Village I is a 5acre retail center featuring Barnes&Noble. ULT&Beauty five Below and f e with potential for redevelopment 'F' ' Columbus Village II is a 7acre retail center featuring Regal Cinema.Bed. Beth&Beyond end Larry's Deli with potential for redevelopment April 17, 2018 32 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) Town Center Master Plan ... . I .savior, _ _ •W.liR IMT It=3 BLEU 0846_ \.r BLOCK 2magFl .< °" Fy.NP <..Y 7P ,7Hm.� OXvefw. �i y Mil ilia 14 -1 ., u ;.. 411.“ HI I-� IrBelon y ti HH u.uw, om weeeri n.wmio i.. _ y ,n.a t! r.s +..r.r,..... ' ma.1161118M111111. g , ,* - , EH... .......*.. - ' R6Hif- - — 14n I. al 'ft >--1,11 1 .a'Th ilfratIPLsci,. All _ 1 i , , tEx+xkwu _ , 4 v a Y'r4. -- __ 11111111111111111111111111111 II 6...--- A.4, Town Center Future Development:Block 2 :.n;Y BLOCK 2: - _ PROPOSED OFFICE .1On pTOWER--: L , . ili ':i- L . 31,. a R` ; R�� - �... � � 1 April 17, 2018 33 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) Town Center Proposed Office Tower:Block 2 7.„—:. _ : , , : . ,.... . ,., 'F.,:t' 1 ' .. , I" .— .. - . _... 0 ; — —A '' ; r • si II ,i;;;x4-1, -- 1- , 0 ,„, ---;; 4.,.a,*t-..,41,ti,.L...:! ,..: . -, r 1-.0.4.r .!- --, , , r ., . , , ;,; n .,, , ; i . r _. J , . _, . ,. r ,, _„,.:, , . ., . ,. { i it -'r" , I t,[41,Eg : ..: 4,,I,e, 0 a ii-IT _it - '! ,e, �:.= Town Center Proposed Office Tower s• *MI 06644410). 4044444 April 17, 2018 34 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) Town Center Proposed Office Tower „,, TYPICAL 2ND-6TH FLOOR PLAN 1100004)0110 fbfbfbft WA, . Town Center Proposed Office Tower TYPICAL 7TH- 16TH FLOOR PLAN i a` , .r. April 17, 2018 35 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) IRECOMMENDATION 1 - _ _ __ _:r�.as:;iri _ _ ter,__- Z?. - Modification of the Town Center Option Agreement • The Option Agreement is the document between the City of Virginia Beach Development Authority("Authority")and Town Center Associates ("TCA"). • Currently,the only land subject to the agreement is"Block z",the surface parking lot on Virginia Beach Boulevard(the former Beacon Building).The agreement expires April 3o,2018. • TCA is currently marketing the site for development of another office tower on Block 2. • The request from TCA is a three-year extension with all other terms of the agreement remaining the same. • Option fee is the real estate taxes on the property if it were privately owned April 17, 2018 36 CITY MANAGER'S BRIEFINGS BLOCK 2 TOWN CENTER ITEM#67977 (Continued) T } • r P _` - QUESTIONS? Apra 17,2018 19 Mayor Sessoms expressed his appreciation to Mr. Harris and everyone working on this project. April 17, 2018 37 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#679 78 4:29 P.M. Mayor Sessoms welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his appreciation to the City Council for their continued support and presented the below presentation to City Council. .011 VIRGINIA BEACH SPORTS CENTER Site Selection Briefing for Virginia Beach City Council Ronald H.Williams,Jr., Deputy City Manager April 17,2018 P Partnership ecan�veen_ ����+�� BOJ ee•� �r".e" «..... • .... II!HANBURY OBEYNON t.._.__ Site Evaluation Report Summary In accordance with the requirements of the Interim agreement,the Design Build team comprised of MEB General Contractors,Hanbury Architects, Clark Nexsen, Inc.and ICG prepared a report providing an analysis of three(3)proposed building sites each with two(2)building programs for the proposed Virginia Beach Sports Center. The analysis includes a Site Evaluation Report based upon: •Existing Site Conditions •Utilities •Site Narratives •Building orientation •Institutional knowledge •Parking •Previous studies •Future development potential •Massing Diagrams •Cost Data •Building Floor Plans \13 pig April 17, 2018 38 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#679 78 (Continued) Site Evaluation Report Summary The two building programs are described as follows: 1)12-Court Facility—Sports center with 150,000 SF of program space and necessary support space a.At least 12 basketball courts,convertible to at least 24 volleyball courts 2)12-Court Facility plus an Indoor Hydraulically Banked Track—At least 250,000 SF of program space a. Facility was designed with two layout options i. L-Shaped—Track and Court Facilities form an L-Shape ii. Parallel—Track and Court Facilities are stacked parallel to each other 3 Site Evaluation Report Summary The data was compiled and reviewed during several meetings including the Design Build Team members and Stakeholders,and the City of Virginia Beach (City Manager's Office,Convention&Visitors Bureau,Finance,Fire,Planning, Public Works,and Utilities). The full report includes the following: •Existing Site Conditions •Site Narratives •Massing Diagrams •Building Floor Plans •Cost Data April 17, 2018 39 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#679 78 (Continued) CONCEPT FLOOR PLAN-COURTS ONLY(ALL SITES) li ii ii Ai CONCEPT FLOOR PLAN-WITH TRACK(SITE 1 ONLY) . ,ab. - ) ,,, ,,) ----- a-- I I _.:,.. ` L April 17, 2018 40 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#67978 (Continued) CONCEPT FLOOR PLAN-WITH TRACK(SITES 2&3 ONLY) Site Evaluation April 17, 2018 41 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#679 78 (Continued) SITE 1-EXISTING CONDITIONS 11111111VTATE Vault 264 Ell 1 '' 7' . - 1 - - -- - --i- -- ---,----- ` - , ......-4‘ .4 ..,-.Y - • I--.4- - 1 - 1 „ ,,, r. --. 4t,- --t- i '•"--L. li )) f CM -71 ----- -----/.T 9 SITE 1 WITH TRACK-EXISTING CONDITIONS , IWEVIWE RIXIII SU ELL .......te • \ -•..--"`”—"..---r-1 r, • . r , 1 / 'At----- / rirr 77 '\• 1 ir . ,...= / .=...,i4 -...—...k4——.---- .4-4=44 —— —/.,...3 T V3 wviEr4,,,,_:Pm' . lc April 17, 2018 42 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#67978 (Continued) SITE 1-COURTS ONLY "vri`s^^.`'," » `fix' - - g1 i' • --..`,4 r9' '.r L., ...• tr.. E.-eNNs- «_ _.� . •:1 r? ...-- ....,...: . .-.A. r r"s"1 s !'.: -If Yint mo -r..":AWE 47V- .4.:,,;.:1A3 Rua ...,ems..*'a SITE 1-COURTS+TRACK ,-,-- licisaiiiMISIMINC •-„. ',,, illirti 2. - Lt4 : t i • i , . . a I1 .. 7LF^ 7t'*4 41 6 °'... Ir.. :., • _ is - � ~ I.. April 17, 2018 43 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#67978 (Continued) SITE 2-EXISTING CONDITIONS Nee t1J L2 j iG - 1) 4 7 -1.7.1"" Er`.. VIRGINIA MACH.01 rrun A nil 13 SITE 2 WITH TRACK EXISTING CONDITIONS ans.- A I [LI • 'D G .--- • t • /4 14 April 1 7, 2018 _ _ 44 CITYMANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#67978 (Continued) SITE 2-COURTS ONLY a ff , d' IL.— fi ^!f4i a % ,;! ma1 __ -_ . �i '"< ('i t s!�7�'F!. � Fgtt • :ts � •7e� 11r ai • • i.7.7 .300 '.-.-cl 10, , i' t .' 43 : y, os SITE 2-COURTS+TRACK a ,...... re- g - �1 1.•VL ? y mm " Y'r�•irt "A ANN• y� ( Stc4r � '44 s}, Gess. . ...; .. ■...,„•sur.. April 17, 2018 45 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#67978 (Continued) SITE 3-EXISTING CONDITIONS ------r TI �., • ) G ---j �' _ ,_` c '• o - t }jf ya ..... } t. • —ate- .._� �- -� n SITE 3 WITH TRACK-EXISTING CONDITIONS t I = r 4 saw -T �_- 1::_�_ d� /� L y. 11 '_ . A k° _ ---. - i f, .s if 1" April 17, 2018 46 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#679 78 (Continued) SITE 3-COURTS ONLY ".•<‘'- r " ., "11.,....y. ti n -r -- . ; i'4,. f ,cam,. ,/Oatm1,.;YM* ,___ ..-R '' s 'i , iiuu.'M(41i..... • 1 y�ti: ,, .., $45-.:, ,'41,94,66,•.. ..1 ., • • '_ -!•velid.tii a.74'- w•Z _ , f.. I SITE 3-COURTS+TRACK L.' s 'sem . `_?_ ---.- Cri (. fes. IC 'S _! . April 17, 2018 47 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#67978 (Continued) COST DATA v3 JP Courts Only With Track Site 1 $44,104,200 $55,468,350 Site 2 $42,970,200 $55,174,350 Site 3 $42,970,200 $55,174,350 April 17, 2018 48 CITY MANAGER'S BRIEFINGS SPORTS CENTER LAYOUT ITEM#6 79 78 (Continued) RECOMMENDATION 23 V3 ba'd.113 etine SITE SELECTION RECOMMENDATION: Site 2, L-Shape with Track 3 k Mayor Sessoms expressed his appreciation to Mr. Williams and everyone working on this project. April 17, 2018 49 CITY COUNCIL COMMENTS ITEM#67979 4:32 P.M. Councilman Moss advised he and Council Lady Kane met with Community Development Corporation and will be bringing a Resolution for City Council's consideration. April 17, 2018 50 CITY COUNCIL COMMENTS ITEM#67980 Council Lady Henley reminded everyone the City is hosting a one-day event at the Convention Center, Thursday, April 19`h for the 2018 North Landing River/Albemarle Sound Estuarine Symposium and encouraged everyone to attend. April 17, 2018 51 CITY COUNCIL COMMENTS ITEM#67981 Councilman Moss advised he will be bringing forth an Alternative Budget with some support from additional Council Members. April 17, 2018 52 CITY COUNCIL COMMENTS ITEM#67982 Councilman Dyer advised he and Council Lady will be hosting a Town Hall on April 301h. April 17, 2018 53 AGENDA REVIEW SESSION ITEM#67983 4:34 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE the property located at 1449 Old Virginia Beach Road to be in excess of the City's needs and AUTHORIZE City Manager to sell to Noele Paiso and Maria Paiso 2. Ordinance to DECLARE Excess City Property with Restrictive Easements in the Interfacility Traffic Area (ITA) and AUTHORIZE the City Manager to sell same to the United States of America: a. 2813 Two Farms Lane b. Lots 7, 8 and 12 in the 3300 Block of North Landing Road c. Winston Avenue and Indian River Road d. 3400 North Landing Road 3. Resolution to RENAME the Virginia Beach Fire Training Center, as "The Harry E. Diezel Virginia Beach Fire Training Center" 4. Ordinance to study pay disparities and ESTABLISH a Policy of Pay Parity for the Virginia Beach Sheriff's Office 5. Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a project re 1-264 Independence Interchange Improvements and AUTHORIZE the City Manager to enter into any necessary agreements for project development 6. Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a locally administered project re Nimmo Parkway Phase VII-B and AUTHORIZE the City Manager to enter into any necessary agreements for project development 7. Ordinance to AMEND the adopted FY2017-18 Capital Improvement Plan's Project Description and Scope re Bus Stop Infrastructure and Accessibility Improvements, Rural Road Improvements II, Traffic Safety Improvements IV and to AUTHORIZE the acquisition of necessary property and easements 8. Ordinance to EXTEND the date to satisfy Conditions re closure of portion of Scott Bend Lane (Approved April 21, 2015) 9. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement(MOA)for contribution of funds to the Department of the Army re projects at Lynnhaven Inlet: a. Maintenance Dredging b. Additional Work ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2a-d WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL ABSTAIN ON ITEM#2a-d ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY April 17, 2018 54 AGENDA REVIEW SESSION • ITEM#67983 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. KELLYE V. GENTRY for a Variance to Section 4.4 (b) & (d) of the Subdivision Regulations for property at the West side of Vaughan Road DISTRICT 7- PRINCESS ANNE 2. ARGOS PROPERTIES II,LLC for a Conditional Change of Zoning from AG-1 &AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road(Deferred from April 3, 2018)DISTRICT 7—PRINCESS ANNE 3. LOGAN VIRGINIA PROPERTIES, LLC/BYLER AZALEA LLC& GATEWAY FREE WILL BAPTIST CHURCH, INC. for a Conditional Change of Zoning from B-2 Community Business, A-12 Apartment, R-7.5 Residential to Conditional B-2 Community Business at 5441 & a portion of 5473 Virginia Beach Boulevard DISTRICT 2- KEMPSVILLE 4. ACC PROPERTY SOLUTIONS, INC. for Conditional Change of Zoning from A-12 Apartment to Conditional R-5S Residential at 1602 Cypress Avenue DISTRICT 6-BEACH 5. EVERGREEN VIRGINIA, LLC for a Conditional Use Permit re car wash and a Modification of Conditions re motor vehicle sales and repair at 240 & 248 North Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard (Approved 1971, 1987, 1989, and 1997)DISTRICT 6-BEACH 6. HENRY W. & KAY F. STANLEY for a Conditional Use Permit re commercial kitchen at 312 Indian Avenue DISTRICT 6-BEACH ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 April 17, 2018 55 ITEM#67984 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). • Short Term Rentals • Immigration Issue 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 • Appointee evaluations • April 17, 2018 56 ITEM#67984 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 4:41 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 E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Break 4:41 P.M. - 4:45 P.M. Closed Session 4:45 P.M. - 5:55 P.M. April 17, 2018 57 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 17,2018 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,April 17, 2018, at 6:00 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 INVOCATION: Reverend Danette Crawford Pastor,Joy Ministries 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 idents 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. April 17, 2018 58 Council Lady Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna"), whose Oceanfront Office is located at 303 34" Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna 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(the `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 of the agenda for any given meeting of the Council, she identifies a matter in which she has a "personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Councilmember Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made 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 of June 2, 2015, is hereby made a part of the record. April 17, 2018 59 Item—V-E CERTIFICATION ITEM#67985 Upon motion by Councilman Dyer, seconded by Council Lady Kane, 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 April 17, 2018 J .� yLi • er , O;;UR; P;:0, 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#67984 Page 56 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. anda :arnes,MMC City Clerk April 17,2018 60 Item—V-F MINUTES ITEM#67986 Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of April 3,2018. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Abstaining: Jessica P. Abbott April 17, 2018 61 ADOPT AGENDA FOR FORMAL SESSION ITEM#67987 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 17, 2018 62 PRESENTATIONS ITEM#67988 "THE HARRY E. DIEZEL VIRGINIA BEACH FIRE TRAINING CENTER" Councilman Wood presented Harry E. Diezel with the Resolution renaming the Virginia Beach Fire Training Center. City Council expressed its deep appreciation for former Chief Diezel's decades of exemplary public service to our City by renaming the City's fare training in his honor. Mr. Diezel expressed his sincere appreciation to the City Council for their years of support and for the honor of naming this center in his honor. April 17, 2018 63 Mayor's Presentation ITEM#67989 FAIR HOUSING MONTH - APRIL 2018 Mayor Sessoms introduced Andrew Friedman, Director—Housing and Neighborhood Preservation, and presented a Proclamation declaring APRIL 2018 "FAIR HOUSING MONTH". Mayor Sessoms urged all citizens to join in creating and promoting fair housing opportunities for all people. Mr. Friedman expressed his appreciation to City Council for their continued support of Housing and Neighborhood Preservation. April 17, 2018 .i, O ,,,,, S i °0 OUR Nowts la ill roctamatton Whereas: The City of Virginia Beach is proud to join the VS. Department of7fousing and Vr6an Development in celebrating the SOOOAnniversary of the Fair grousing Act of 1968;and 'Whereas: The 1968 Tair Mousing Act guarantees the right of allAmericans to dwell in the neighborhood of their choice, which is one of the most important components of our national civil-rights policy;and Whereas: Even though this non-discriminatory porky is the law of the land, its proper enforcement requires the continued cooperation of all levels of government, the real estate andhome6uilding industries and private citizens;and Whereas: Throughout the City of Virginia Beach, this spirit of cooperation is being provided through the efforts of our state,federal and local governments and with the support.of countless community and nonprofit organizations;and Whereas: Promoting equal housing opportunity is essential to our larger mission of promoting justice in all areas of rife and for all citizens, and equal housing opportunity has a dramatic impact on school integration and the acceptance and understanding of ethnic and racial diversity. 7Vbw, Therefore, I William D.Sessoms,Jr., .Mayor of the City of Virginia Beach, Virginia, do hereby Proclaim: April 2018 `airYfousing Month In the City of Virginia Beach and do urge all citizens to join in creating and promoting fair housing opportunities for all people. In Witness Wfierrof'I have hereunto set my hand and caused the OfficialSeal of the City of Virginia Beach, Virginia, to 6e affzted this Seventeenth day ofApriC Two Thousand Eighteen. , --,, , ali,g4114411".------ _ -. Wiliam D.Sessoms,Jr. Mayor 64 ADD ON ITEM#67990 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADDED the Resolution to SUPPORT the expansion of the film production tax incentives 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 April 17, 2018 65 Item- V-H.1 PUBLIC HEARINGS ITEM#67991 Mayor Sessoms DECLARED A PUBLIC HEARING. SALE OF EXCESS CITY PROPERTY 1449 Old Virginia Beach Road There being no speakers, Mayor Sessoms CLOSED the PUBLIC HEARING. April 17, 2018 66 Item - V-H.2a/b/c/d PUBLIC HEARINGS ITEM#67992 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EASEMENTS OVER CITY PROPERTY-Interfacility Traffic Area (ITA) a. 2813 Two Farms Lane b. Lots 7,8 and 12 in the 3300 Block of North Landing Road c. Winston Avenue and Indian River Road d. 3400 North Landing Road There being no speakers, Mayor Sessoms CLOSED the PUBLIC HEARING. April 17, 2018 67 Item - V-I ORDINANCES/RESOLUTIONS ITEM#67993 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, BY CONSENT:Agenda Items 5, 6, 7, 8 and 9a/b and added 10 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 April 17, 2018 68 Item -V-I.1 ORDINANCES/RESOLUTIONS ITEM#67994 The following individuals registered to speak: Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in OPPOSITION. Upon motion by Councilman Davenport, seconded by Councilman Uhrin, City Council ADOPTED, Ordinance to DECLARE the property located at 1449 Old Virginia Beach Road to be in excess of the City's needs and AUTHORIZE City Manager to sell to Noele Paiso and Maria Paiso 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 April 17, 2018 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT 1449 OLD VIRGINIA BEACH ROAD 4 (GPIN 2417-17-3348) TO BE IN EXCESS OF THE 5 CITY'S NEEDS AND AUTHORIZING THE CITY 6 MANAGER TO SELL TO NOELE PAISO AND MARIA 7 M. PAISO 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 15,002 sq. ft. parcel of land located at 1449 Old Virginia Beach Road (the 11 "Property") more particularly described on Exhibit "A" attached hereto and made a part 12 hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a single-family dwelling unit that has since been 23 demolished; 24 25 WHEREAS, Noele Paiso and Maria M. Paiso (the "Paisos") own the 26 adjacent property at 464 Garcia Drive and have requested to purchase the Property in 27 order to utilize it in a manner compatible with the Ordinance; 28 29 WHEREAS, the Paisos desire to purchase the Property in accordance 30 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof (the 31 "Summary of Terms"); 32 33 WHEREAS, the APZ-1 Disposition Committee has recommended that 34 City Council declare the Property to be in excess of the City's needs and sell the 35 Property to the Paisos; and 36 37 WHEREAS, the City Council is of the opinion that the Property is in 38 excess of the needs of the City of Virginia Beach. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That the Property located at 1449 Old Virginia Beach Road is hereby 44 declared to be in excess of the needs of the City of Virginia Beach and that the City 45 Manager is hereby authorized to execute any documents necessary to convey the 46 Property to Noele Paiso and Maria M. Paiso in accordance with the Summary of 47 Terms and such other terms, conditions or modifications as may be acceptable to the 48 City Manager and in a form deemed satisfactory by the City Attorney. 49 50 Further, that revenue from the sale of the Property in the amount of 51 $15,002 shall be received and fifty percent (50%) of the amount will be deposited for 52 appropriation in future Capital Improvement Program capital budgets in Capital 53 Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and 54 Acquisition II, and fifty percent (50%) will be deposited for future payment by the City 55 Manager to refund the Commonwealth's portion in accordance with the grant 56 agreement. 57 58 This ordinance shall be effective from the date of its adoption. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 17th day of April , 2018. CA14191 R-1 3/22/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d021\p030\00459759.doc APPROVED AS TO CONTENT A PROVED AS TO CONTENT G(VIL) Public Works Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY 66(4A097) City Attorney's Office EXHIBIT "A" GPIN: 2417-17-3348 (1449 Old Virginia Beach Road) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel A, as shown on that certain plat entitled "SUBDIVISION OF PROPERTY OF WILLIS BUTTS, JR., ET UX, ET AL, BEING A PORTION OF PLOT 23, OCEANA GARDENS, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", dated October 11, 1983, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 173, at page 24. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Thomas A. Brown, by deed dated September 30, 2014, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20140930000923710. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1449 OLD VIRGINIA BEACH ROAD Seller: City of Virginia Beach Buyer: Noele Paiso and Maria M. Paiso Property: 1449 Old Virginia Beach Road (GPIN: 2417-17-3348), consisting of approximately 15,002 square feet Legal Description: See Exhibit "A" to Ordinance Sale Price: $15,002 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyer's adjacent property at the Seller's expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before December 31, 2019. w Z 0 W -' Q Z � IX04-6 (1) LL CD aWVZTt Q a Q w M 3ndA8d0 Zr° m < ti aQ Oza o H ; a30O CaO � po JJ _ • U fj i m wpm Q NI' o z � V 01 CC> 0 J 0 MEE RUDDER RD i , . 1 111110111111111111111..wn- r- -- NJ \LU as o cc co 1 ca O •L O NW - o .co S : I Fr-- Z t4 d! ( a> 0 > _ 2 6- 3 III 5 o a c glioceP44 `n �.+ 'co w v O N too cnNO!- d 'p N-o a v a c O Z -0c c, N Q > a N _' iii d cu 0oQ -0 GREAT NECJ Z .0 03 69 Item-V-L2a/b/c/d ORDINANCES/RESOLUTIONS ITEM#67995 The following individuals registered to speak: Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, spoke in OPPOSITION. Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED, Ordinance to DECLARE Excess City Property with Restrictive Easements in the Interfacility Traffic Area (ITA)and AUTHORIZE the City Manager to sell same to the United States of America: a. 2813 Two Farms Lane b. Lots 7, 8 and 12 in the 3300 Block of North Landing Road c. Winston Avenue and Indian River Road d. 3400 North Landing Road 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, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: John D. Moss Council Members Absent: None April 17, 2018 1 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER 2 CITY-OWNED PROPERTIES KNOWN AS 2813 TWO FARMS 3 LANE (GPIN: 1483-99-6027); LOTS 7, 8 AND 12 IN THE 3300 4 BLOCK OF NORTH LANDING ROAD (GPINS: 1483-97-2977, 5 1483-98-5001 AND 1493-08-2056); 26.76± ACRES OF LAND AT 6 WINSTON AVENUE AND INDIAN RIVER ROAD (GPINS: 1483-57- 7 6267 AND 1483-56-4890); AND 3400 NORTH LANDING ROAD 8 (GPIN: 1483-88-8591) IN THE INTERFACILITY TRAFFIC AREA 9 TO BE EXCESS PROPERTY INTERESTS AND AUTHORIZING 10 THE CITY MANAGER TO CONVEY SAME TO THE UNITED 11 STATES OF AMERICA 12 13 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 14 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 15 Virginia, which properties are identified as follows (collectively, the "Properties"): 16 17 1. 2813 Two Farms Lane (4.46± acres), acquired from Daniel E. 18 Dufort and Angelique Y.K. Dufort, GPIN: 1483-99-6027 19 20 2. Lots 7, 8 and 12 in the 3300 Block of North Landing Road (6.62± 21 acres total), acquired from BBF, LLC, GPINs: 1483-97-2977, 1483- 22 98-5001 and 1493-08-2056 23 24 3. Winston Avenue and Indian River Road (26.76± acres), acquired 25 from Bessie L. Snowden, et al., GPINs: 1483-57-6267 and 1483- 26 56-4890 27 28 4. 3400 North Landing Road (8.959± acres), acquired from the 29 Valentine E. Miller and Sylvia B. Miller Trust dated December 31 , 30 1987; GPIN: 1483-88-8591 31 32 33 WHEREAS, on September 27, 2007, the City and the United States of 34 America, Department of the Navy (the "Navy") entered into an agreement (the 35 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 36 incompatible development; 37 38 WHEREAS, the terms and provisions of the Encroachment Partnering 39 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 40 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 41 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 42 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 43 property the City acquired; 44 45 WHEREAS, the City acquired the Properties pursuant to the ITA 46 Acquisition Program, an element of the City's BRAC response program; 46 WHEREAS, the City funded the acquisition of the Properties through a 47 partnership with the Commonwealth of Virginia (the "Commonwealth"); and 48 49 WHEREAS, the City Council of the City of Virginia Beach finds that the 50 Restrictive Easements over the Properties are in excess of the City's needs and finds 51 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 52 Encroachment Partnering Agreement, as amended, will allow the City and the 53 Commonwealth to recover a portion of the funds paid for the Properties. 54 55 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 56 OF VIRGINIA BEACH, VIRGINIA: 57 58 1. That Restrictive Easements over the Properties identified above are 59 hereby declared to be in excess of the needs of the City of Virginia Beach; 60 61 2. That the City Manager is hereby authorized to execute any documents 62 necessary to convey the Restrictive Easements to the Navy, in substantial conformity 63 with the terms and provisions of the Encroachment Partnering Agreement dated 64 September 27, 2007, as it has been or may be amended, and such other terms, 65 conditions or modifications as are deemed necessary and sufficient by the City Manager 66 and in a form deemed satisfactory by the City Attorney. 67 68 3. That revenue from the sale of the Restrictive Easements in the amount of 69 $990,050.00 shall be received, and fifty percent (50%) of this amount shall be deposited 70 for appropriation in future Capital Improvement Program capital budgets in #9-059, 71 Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) 72 shall be deposited for future payment to the Commonwealth by the City Manager to 73 refund the Commonwealth's portion in accordance with the grant agreement. 74 75 This ordinance shall be effective from the date of its adoption. 76 77 Adopted by the Council of the City of Virginia Beach, Virginia, on the 78 17thdayof April , 2018. R-1 4/2/2018 CA14195 \\vbgov.com\dfsl\applications\citylaw\cycom 32\wpdocs\d002\p027\00455964.doc APPROVED AS TO CONTENT APPROVED AS O C TENT Public Works/Real Estate Budget & Management S rvices APP- . —'_ AS TO LEGAL SUFFICIENCY City A' •rney's Office EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other fmished products; products made from Y Y fabrics, leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Miscellaneous manufacturing Y Y Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y Y Highway and street right-of-way Y Y Automobile parking Y Y Communication Y Y Utilities Y Y Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade- building materials, hardware and farm Y Y equipment Retail trade - general merchandise Y Y Retail trade- food Y Y Retail trade- automotive, marine craft, aircraft and Y Y accessories Retail trade - apparel and accessories Y Y Services Retail trade- furniture, home, furnishings and equipment Y Y Retail trade - eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services Y Y Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage Y Y Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums, concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y Y Campgrounds Y N Parks Y N Other cultural, entertainment and recreation Y N Resource Production and Extraction Agriculture (except live stock) Y Y Livestock farming Y N Animal breeding Y N Agriculture related activities Y Y Forestry activities Y Y Fishing activities Y Y Mining activities Y Y Other resource production or extraction Y Y SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2019, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone; 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. 10 yyymyy E . III IO414 w V F F rs, Q it ,i it z...>4.3 a Ft Ep f g aaN Q n iZ o f " e 5 8_ iilillie S ir Ow V ' C 4 O 0v�<<mmm ag W 6 .,z.. z ® a, mok i 3 ,,,„„ . Ekiir o 0 4 rs '❑ <<�LLl<a= hrl` z°m OD . eC =aii"sego N ° a 5 2aam d ow aa) A = Uc _ L co • J • 0 ° ,� c z a) v N co l W O A All' W Et i o� > L 11$ : 44e. L ,9 (9 14 .. 111111 ED li h. CL roll O ©% 0, ilosso, a s o Op 03 q r! A � ►P _ r- 0 - r- co T c �� _ Co U> O N I� 1.0 O �} N o O O O O N n V. t4 CO DO CO N to N Q VI Y 4 a00o rn rn rn o O p* i i a .- Q 13 (0 A (0 (Mo Ao Ao A w ,- - v v v v v -'=' kY O d IL 70 Item-V-I.3 ORDINANCES/RESOLUTIONS ITEM#67996 Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council ADOPTED,Resolution to RENAME the Virginia Beach Fire Training Center, as "The Harry E. Diezel Virginia Beach Fire Training Center" 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 April 17, 2018 REQUESTED BY CITY COUNCIL 1 A RESOLUTION RENAMING THE VIRGINIA BEACH 2 FIRE TRAINING CENTER AS "THE HARRY E. 3 DIEZEL VIRGINIA BEACH FIRE TRAINING 4 CENTER" 5 6 WHEREAS, former Fire Chief Harry Diezel has spent virtually his entire life 7 serving his community and his country; 8 9 WHEREAS, he first entered the fire service in 1958 as a volunteer member of the 10 Fairfax County Fire and Rescue Services, and in 1966 he became a career firefighter; 11 12 WHEREAS, his volunteer service was punctuated with the completion of military 13 duty and included assignments to the 82nd Airborne and 1st Calvary Divisions; 14 15 WHEREAS, Chief Diezel assumed the position of Fire Chief in Virginia Beach on 16 May 1 , 1974, and at that time was only the second person to serve as Chief; 17 18 WEHREAS, Chief Diezel's thoughtful and strong leadership did much to shape 19 the Fire Department into what it is today; 20 21 WHEREAS, when Chief Diezel took the helm of the Virginia Beach Fire 22 Department, there were only 120 career firefighters; now there are almost 500; 23 24 WHEREAS, in order to professionalize the department and prepare its members 25 for the future, Chief Diezel in 1975 initiated the process to secure the necessary funding 26 from the Commonwealth of Virginia and the City to build a dedicated fire training facility; 27 28 WHEREAS, because of his efforts, the 10,000 square foot state-of-the-art Fire 29 Training Center was funded, designed and built, with a 120-seat auditorium, training 30 classrooms, administrative offices, a full-service library and a burn building; 31 32 WHEREAS, the first firefighter recruit class was trained in the building soon after 33 its opening in 1979, and in the years since then, thousands of firefighters have received 34 essential firefighting and lifesaving training at the facility; 35 36 WHEREAS, Chief Diezel also supported the development and funding of the 37 Urban Search and Rescue Team, which led to the development of the Virginia Beach- 38 led FEMA team, Virginia Task Force 2, and members of that team as well as other 39 FEMA teams from across the country trained at the Fire Training Center; 40 41 WHEREAS, his leadership extended beyond the operational aspects of the Fire 42 Department: among many other things, he took an active role in protecting the health 43 and welfare of his personnel by implementing the City's first no-smoking and no- 44 tobacco-consumption policy for new Fire applicants; 45 WHEREAS, Chief Diezel retired in September 1997, but his commitment to public 46 service continued: In 2002, he was unanimously appointed to the City Council to 47 represent the Kempsville District of Virginia Beach, and he subsequently was elected to 48 two additional terms of office, serving on the City Council for more than ten years; 49 50 WHEREAS, his support for public safety also included his service on the City 51 Manager's Management Leadership Team, where he acted as an ombudsman for all 52 public safety divisions within the City; and 53 54 WHEREAS, the City Council wishes to express its deep appreciation for former 55 Chief Diezel's decades of exemplary public service to our City by renaming the City's fire 56 training center in his honor; 57 58 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA: 60 61 1 . That the Virginia Beach Fire Training Center, located at 927 Birdneck Road, is 62 hereby renamed as "The Harry E. Diezel Virginia Beach Fire Training Center"; and 63 64 2. That the City Manager is hereby directed to take all steps necessary to revise 65 all signage for the facility and all other references to the facility to include this new name. 66 67 Adopted by the City Council of the City of Virginia Beach, Virginia, this 17th day 68 of Apri , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14358 R-2 April 9, 2018 71 Item -V--I.4 ORDINANCES/RESOLUTIONS ITEM#67997 William Bailey, 211 24th Street, Phone: 288-5761, spoke in SUPPORT Michael Carter, 106 Goldeneye Court, Phone: 635-9650 spoke in SUPPORT Tavis Valdez, 2705 Wilcox Court, Phone: 567-7414, spoke in SUPPORT Aden M. Scott, III, 5212 Rolleston Drive, Phone: 515-0772, spoke in SUPPORT William Raftery, 816 Priscilla Lane, Phone: 754-9249, spoke in SUPPORT. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, Ordinance to study pay disparities and ESTABLISH a Policy of Pay Parity for the Virginia Beach Sheriff's Office Voting: 10-1 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None April 17, 2018 REQUESTED BY MAYOR SESSOMS, VICE MAYOR JONES AND COUNCILMEMBERS DAVENPORT, KANE, HENLEY, WILSON AND WOOD 1 AN ORDINANCE TO STUDY PAY DISPARITIES AND 2 TO ESTABLISH A POLICY OF PAY PARITY FOR THE 3 VIRGINIA BEACH SHERIFF'S OFFICE 4 5 WHEREAS, in 2003, the City Council adopted an ordinance that committed to 6 maintaining starting salaries for the Virginia Beach Sheriff's Office (the "VBSO") to at least 7 90% of the starting salaries for comparable Police positions; and 8 9 WHEREAS, in the intervening fifteen years, the Commonwealth's funding of the 10 VBSO has not kept up with the funding the City provides to the Police Department (the 11 "VBPD"); and 12 13 WHEREAS, the City Council sees the VBSO as an equal partner in the Public 14 Safety Community of the City of Virginia Beach; and 15 16 WHEREAS, the City Council desires to address pay disparities between the 17 employees of the VBSO and the VBPD; and 18 19 WHEREAS, to do a proper study of pay disparities, such study must take into 20 account the total compensation available to the employee, and for purposes of this 21 ordinance, "total compensation" shall mean all salary and fringe benefits available to the 22 employees including such benefits that are generally classified as an incentive. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1. Paragraph 2 of Ordinance #2773E, attached hereto as Exhibit A, stating the City's 28 intent to maintain starting salaries for the VBSO to at least 90% of the starting 29 salaries of comparable Police positions is hereby repealed. 30 31 2. The Council directs the City Manager to initiate a study comparing the total 32 compensation of employees of the VBSO and the VBPD with such study reviewing 33 both time of service and time in rank. The study shall provide an analysis of 34 comparable ranks and job titles, and the comparison shall include job requirements 35 such as education, experience, and other requirements such as certificates or 36 licensures. If one office does not have a comparable rank or job title, the study 37 should include findings regarding such conclusions. The City Manager shall 38 provide a written report and public briefing of the results of such study to the 39 Council no later than December 31, 2018. 40 41 3. As of July 1, 2019 the VBSO shall be on the same pay plan as the VBPD such that 42 hiring pay is the same, the pay ranges are the same, and the pay increases are 43 the same provided the study described in section 2, supra, concludes such ranks 44 or job titles are comparable. 45 46 4. If the study identifies a pay disparity between the total compensation for employees 47 of the VBSO and the VBPD, the City Council desires the closing of such pay 48 disparity, which is to occur, subject to annual appropriation of sufficient funds by 49 the Council, over a period of four-years with each fiscal year addressing 25% of 50 such disparity. Once pay parity is achieved, the Council desires to maintain pay 51 parity thereafter. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of April 2018. APPROVED AS TO LEGAL SUFFICIENCY: Dana Harmeyer Office of the City Attorney CA14115 R-3 March 29, 2018 Ex-i4ir A ORI} - 2773E 1 AN ORDINANCE TO APPROPRIATE 2 $274,329 TO THE SHERIFF'S 3 DEPARTMENT FY 2003-04 OPERATING 4 BUDGET TO ADDRESS COMPENSATION 5 ISSUES AND PROVIDE FOR THE PURCHASE 6 OF ADDITIONAL EQUIPMENT 7 8 9 10 WHEREAS, the State has provided $142,950 to fund a 2.25% 11 increase in the salaries of sworn positions in the Sheriff's 12 Department effective December 1, 2003 along with an additional 13 $2,619 for the purchase of a computer terminal to perform 14 background checks; and 15 WHEREAS, to allow the 2.25% increase to become effective 16 July 1, 2003, the Sheriff will provide $128,760 from fund balance 17 in the Sheriff's Department Special Revenue Fund. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 1. That $145,569 in additional state revenue and $128,760 21 of fund balance from the Sheriff's Department Special Revenue 22 Funds is hereby appropriated to the Sheriff's Department Special 23 Revenue Fund in the FY 2003-04 Operating Budget to fund salary 24 adjustments effective July 1, 2003 and for office equipment. 25 2 . That the City will maintain starting salaries within 26 the Sheriff's Department at least 90% of starting salaries 27 for comparable Police positions. 28 3. That, in the FY 2003-04 Operating budget, estimated i F i fi 29 revenue from the state.government is hereby increased by $145,569 30 and estimated revenue from the fund balance of the Sheriff's 31 Department Special Revenue Fund is hereby increased by $128,760. 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia on the 24th day of June 2003. 34 35 APPROVED AS TO CONTENT APPROVED AS TO LEGAL 36 SUFF'CIENCY 37 38 39 40 Department of Management Services Department of Law 41 CA8905 72 Item -V-L5 ORDINANCES/RESOLUTIONS ITEM#67998 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a project re 1-264 Independence Interchange Improvements and AUTHORIZE the City Manager to enter into any necessary agreements for project development 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 April 17, 2018 1 A RESOLUTION TO REQUEST THE COMMONWEALTH 2 TRANSPORTATION BOARD ESTABLISH A PROJECT 3 FOR CIP# 2-127 1-264/ INDEPENDENCE INTERCHANGE 4 IMPROVEMENTS AND AUTHORIZE THE CITY MANAGER 5 TO ENTER INTO ANY NECESSARY AGREEMENTS FOR 6 PROJECT DEVELOPMENT 7 8 WHEREAS, in accordance with the Commonwealth Transportation Board 9 construction allocation procedures, it is necessary that a resolution be received from the 10 sponsoring local jurisdiction or agency requesting the Commonwealth Transportation 11 Board establish a project in the City of Virginia Beach and set forth other project related 12 permissions required by the Virginia Department of Transportation (VDOT); 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1. The City requests that the Commonwealth Transportation Board establish a 18 project for the construction of CIP #2-127 1-264/Independence Interchange 19 Improvements; 20 21 2. The City hereby agrees to provide its share, subject to the appropriation of funds 22 by the City Council, of the total cost for preliminary engineering, right-of-way and 23 construction of this project in accordance with the project financial documents; 24 25 3. The City hereby agrees to enter into a project administration agreement with 26 VDOT and provide the necessary oversight to ensure the project is developed in 27 accordance with all applicable federal, state and local requirements for design, 28 right-of-way acquisition, and construction of the project; 29 30 4. The City, subject to appropriation by the City Council with annual financial 31 contributions by the State, will be responsible for the maintenance of the roadway 32 as constructed unless other arrangements have been made with VDOT; 33 34 5. If the City subsequently elects to cancel the project, the City hereby agrees to 35 reimburse, subject to appropriation of funds by the City Council, VDOT for the 36 total amount of costs expended by VDOT through the date VDOT is notified of 37 such cancellation. The City also agrees to repay, subject to appropriation by the 38 City Council, any funds previously reimbursed that are later deemed ineligible by 39 the Federal Highway Administration or VDOT; and 40 41 6. The City Council hereby authorizes the City Manager to apply for funds and 42 execute project administration agreements, as well as other documents 43 necessary for the approved project. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of April , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Br dley Dana 'armeyer Budget Arid Management Services City Attorney's Office CA14353 R-2 April 5, 2018 ri � �.00 � � �o air 1 �,•. HILL LN ��o (:� tC '` ����eO' rA4riiI INI BEA► 1. • Ro .. CC C C_7 j-:: G] `..,Gi7•u\ �✓'4ar ''` © _ 1111"�L■���ale IU `1 • ►�^//69r.--/A/47"';"7...;-SE- 7�7_' u■ �mii ,^ !9���PC0���i% +11 1 ' I � �� � �f ti1-,„,w•-, ` 11JJ•; i-:-,.11,1_, rA, -��� i iUG~l . ^ ► l. 1ij[rL.Li n\io kv •41if � aCORPORATION'LN 'c) - Asi- ii...-----n rl-T I I. i'll IT .w lin IX 4* , S __ .J. ' hlik /-L 1 ALViPinaLtrittti*.%•Al ...44Mi / 0 j +t),_ ajWf--1 III 2 al am ee r 1! 011- .1181 �r � -a■�� z — o_ _ .. VIRGINIA BEACH BLVD 17-7 Fla . , .....,,, 1���TC� et ICON 1 Mg FiF ■rt_ 0.... .iii ii �[ L M. Qr ■ •1.w D Q;Q, • • a-- �� COMMERCE-ST - — CLEVELAND ST 1. - cn'` . � �,' a ■ o- CO1711:10 BESilinsLUMBUS -11111.1111111 11 L < z w1•• ifr4 < z _. � U -- ri i - 1. 6 [ r I1J �, mrtl iq * �� 1-264/Independence cnde9�e Interchange Improvements ' A.kL1�S60 LNC +o - Q Q uu S I • 1, � c� d' M J rii,'N rPR.�PN .moi . ,'' ',' � 1 ytlibr�Ilk/ ln,1-1.1'r' i ,' -Ilk � 4,oiY , cv. N b4-321=2�1 DI_e a. IV;aL Sctit, ' .� 1osG4�•N` Y P L14.t7,...F9,k i an ►t1•', RQ' C 9 : a' 64' hO /� - . - uil.1 . O uJ. O, O ;> I112\_:_, 7. ��(.r, 1:4'----v,-7 ` 6 BENDIIIIII 1P �4�.. �CI'RINE AV Q y�% �� �y • t, <4.„."--:.0-----:-.7.:-..%%>-ro.••,,, -* *-1.4>-`-•'•‘ -'--01 .4 \ <41/V‘,..(11..7."''*I r.j .S.t:'\-6,..P.-464'. ;;c9---------atior t __-,11 \ ‘ ke )(, ''4,4?) \ . ''''99 #::::::— . „ �f � f ,f - ., e 2 n�' . ,�?q,., . .., wr I� V;d` '% J 6 6 Q� 64 SOUTH:BLV �'' tP i►����_ ! Hca \ , D ,,, ..,,,, 4. • 4.OF t. C• ,,,,-Ativ"./—\ ',, \ . N4 * • (V L411F ,,sizc,- ' , ;*,,,, ,t, II,#4::., ,. .'itit,i1)O --0 .\4. -_*1.,,•,411# q. N.,...,V Ak *,W' ', ...4 ,,,,.;,,,,, • \ s. '. '.4,,,�.. . �" ,,, \ lio/ SSG '•I� �i r � �"41,411-'.O' s .-4, • ",,...-5;' em / �,4� / kvi t �� t ^�►W.,oi �� :0-4...\ °i •', qset,;'+ j\� *e 4/F 41 Q4. 4 . 4.. 4>ti J•-Orr,4`/ 4 ` '/I \ �/ F',— , 'Oti �4 ��, A. .0 r �4 , ;ltt 'f�` ' O h�� , ~/elL ,c epi' rSal. `'ttro,r*'.��+'`' G� ` Q-Q- NI I 0. •'' 0'S%' ' le, . O id',t0,Q e-.4," 41 Q-S .If }6.�4 .1/, N ""e•IZ• LO_4")..> ,* , frl `a`� :ra+ .o�� �i \� z �V)/(r4 4E'1.f �z'•_ Lam. .4, aA1` ,1. f . ,s =, LOCATION MAP nia aur04 492 • 1-264/INDEPENDENCE INTERCHANGE IMPROVEMENTS c 'Aa CIP 2.127.000 *psi. B: GC s# 4 r 1 0 600 1,200 2,400 B 4-4r., , ►t�:d�ot i..' _/ Feet Prepared by P.W./Eng./Eng.Support Services Bureau 03-23-18 X:\CADD\Projects\ARC Files\AGENDA MAPS\Independence Blvd\I 264-Independence Interchange Improvements\I 264-Independence Interchange Improvements.mxd 73 Item -V-L6 ORDINANCES/RESOLUTIONS ITEM#67999 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a locally administered project re Nimmo Parkway Phase VII-B and AUTHORIZE the City Manager to enter into any necessary agreements for project development 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 April 17, 2018 1 A RESOLUTION TO REQUEST THE COMMONWEALTH 2 TRANSPORTATION BOARD ESTABLISH A LOCALLY 3 ADMINISTERED PROJECT FOR CIP# 2-110 NIMMO 4 PARKWAY PHASE VII-B AND AUTHORIZE THE CITY 5 MANAGER TO ENTER INTO ANY NECESSARY 6 AGREEMENTS FOR PROJECT DEVELOPMENT 7 8 WHEREAS, in accordance with the Commonwealth Transportation Board 9 construction allocation procedures, it is necessary that a resolution be received from the 10 City Council requesting that the Commonwealth Transportation Board establish a 11 project in the City of Virginia Beach and set forth other project related permissions 12 required by the Virginia Department of Transportation (VDOT); 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1 . The City requests that the Commonwealth Transportation Board establish a locally 18 administered project for the construction of CIP #2-110 Nimmo Parkway Phase VII- 19 B; 20 21 2. The City hereby agrees to provide its share, subject to the appropriation of funds by 22 the City Council, of the total cost for preliminary engineering, right-of-way and 23 construction of this project in accordance with the project financial documents; 24 25 3. The City hereby agrees to enter into a project administration agreement with VDOT 26 and provide the necessary oversight to ensure the project is developed in 27 accordance with all applicable federal, state and local requirements for design, right- 28 of-way acquisition, and construction of the project; 29 30 4. The City, subject to appropriation by the City Council with annual financial 31 contributions by the State, will be responsible for the maintenance of the roadway as 32 constructed unless other arrangements have been made with VDOT; 33 34 5. If the City subsequently elects to cancel the project, the City hereby agrees to 35 reimburse VDOT, subject to appropriation of funds by the City Council, for the total 36 amount of costs expended by VDOT through the date VDOT is notified of such 37 cancellation. The City also agrees to repay, subject to appropriation by the City 38 Council, any funds previously reimbursed that are later deemed ineligible by the 39 Federal Highway Administration or VDOT; and 40 41 6. The City Council hereby authorizes the City Manager to apply for funds and execute 42 project administration agreements as well as other documents necessary for the 43 approved projects. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of April , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I%! ) � lA U David :radley Dana rm er Budget and Management Services City Attorney's Office CA14354 R- April 5, 2018 7—mai it ;;;.—i , . F '"•, IL / ' ,A., f N `` ', 111 ip w - E I * s it LW 4 io \r mt z cilaVv 'iiiiiilir _Q. V`► as -I/ `;, fit ` = 1?`/Al`ORS A s c`-' s\p-0+P#toski - '° VA. 10% 0 00%, 'i00 A� liall fix • 4 It 1%i 0 SAO s,6,c )10:7;447 ® wea obvr ��M � 1 _,"K‘>,-.:---',,,, ® Nimmo Parkway - PhaseVII-B �- kwY 4 ���FRiV4-10'#''' '',4,40414® P4 "' 4 44,00- <•,i)-,.,,40, 06.-amilszt,„.0.401,,.04444,Apir./, e* .4:,0 4 1100.-.. irs$, 7/0., ._ 110 Al 1m fr4;'''4'4' "v41.4**Wfir -- ilk it, leAispN aulks4 AIN 4 A•440, _ '01-41, hem";47'Ai" A ITAS..1,474 Iii. -4411Ik 44"41fikkv Nf?4.44.4*.vio AV,ci-r `',b li ilk .----4_ look410° 4*g litallisr24 4141 :'1° P 4I 5r-,iik 41144 afirl4 if is:2 4' IAD 110a1714413., 4�r*i 'V lit,0 WI.11111410:1":;,k kii, Rbst ,-,._ g c : , :� tuff LOCATION MAP kimmr 1111111111 °'G Nimmo Parkway - PhaseVIl-B o CIP 2.110.000'�4� I Feet ®® m f b. ® 0 600 1,200 2,400 oronnro,l h„DIA//Fnn rFnn CIin,.,.+co.,,iroc Pioronil no_-)a_i A X:\CADD\Proiects\ARC Files\AGENDA MAPS\Nimmo Pkwv\Phase VII-B 74 Item -V-I.7 ORDINANCES/RESOLUTIONS ITEM#68000 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the adopted FY2017-18 Capital Improvement Plan's Project Description and Scope re Bus Stop Infrastructure and Accessibility Improvements, Rural Road Improvements II, Traffic Safety Improvements IV and to AUTHORIZE the acquisition of necessary property and easements 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 April 17, 2018 1 AN ORDINANCE TO AMEND THE ADOPTED FY 2017- 2 18 CAPITAL IMPROVEMENT PROGRAM'S PROJECT 3 DESCRIPTION AND SCOPE FOR CIP #2-094 BUS 4 STOP INFRASTRUCTURE AND ACCESSIBILITY 5 IMPROVEMENTS, CIP #2-024 RURAL ROAD 6 IMPROVEMENTS II, AND CIP #2-111 TRAFFIC SAFETY 7 IMPROVEMENTS IV TO AUTHORIZE THE 8 ACQUISITION OF NECESSARY PROPERTY AND 9 EASEMENTS 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That the project description and scope, within the Adopted FY 2017-18 CIP, for 15 CIP# 2-094 Bus Stop Infrastructure and Accessibility Improvements, CIP # 2-024 Rural Road 16 Improvements II, and CIP #2-111 Traffic Safety Improvements IV, are hereby amended to 17 include the authority to acquire property and easements. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of April , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: epartment of ublic Works Da • Bradley Bu et and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Dana Harmeyer City Attorney's Office CA14355 R-1 April 4, 2018 City of Virginia Beach FY 2018 thru FY 2023 Capital Improvement Program Project: 2094000 I Title:Bus Stop Infrastructure and Accessibility Improvements I Status:Approved Category: Roadways Department:Strategic Growth Areas I Ranking:25 Project Type Project Location Project Type: New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Future Funding 2,517,126 282,000 586,157 250,000 250,000 648,969 250,000 250,000 0 Description and Scope City Council has identified this project as a top priority.This project provides bus stop infrastructure improvements(e.g.,addition of shelters,benches, sidewalks,ADA access ramps and related earth work and potentially traffic control during construction)in Virginia Beach to increase accessibility, connectivity and safety for HRT customers.According to HRT,a shelter,concrete pad,bench and trash can cost just less than$20,000.An average of approximately$5,000 is allocated to construct the necessary sidewalk/ramp improvements to make many of the stops ADA compliant.In some cases where the right of way constraints are too great,benches alone will be installed It is envisioned that this funding will allow for improvements to be made at 75 additional stops.The design phase would consist of in house layout: necessary improvements,use of annual service engineering contract for surveying and final design.Stop selection for the improvements will be divide' into three phases as follows:The initial 28 sites will follow the general recommendations of the 2014 Bus Infrastructure Study with site selection .ased on stops with the highest ridership.The next 22 sites will focus on transit dependent focus points such as elderly,disabled and affordable h. sing areas.The remaining 25 sites will focus on providing suitable amenities for other bus stops or land or easements may be acquired to the Purpose and Need extent funding is available. The City's Sustainability Plan(i.e.,A Community Plan for a Sustainable Future,Connecti ,,„„„a,r 6 a all inter-connected,multi-modal transportation system providing efficient,safe,&affordable movement city-wide.Also in 2014,a new State code requires each locality's Comprehensive Plan(under the transportation component)to take steps to align transportation infrastructure&facilities with affordable,accessible housing&community services.This project will help implement the new requirement to improve accessibility through improved sidewalk connections&improved roadway crossings.Also,this project will increase the safety of existing bus stops by adding shelters& improving visibility of bus stops to motor vehicles.Currently,there is no protection from the weather&customers have to stand or sit on curbs,on overturned shopping carts or sit/lean on nearby utility structures/posts.Creating a safe route for pedestrians will improve access to bus stops thereby increasing pedestrian use of the transit system. History and Current Status This project first appeared in the FY 2015-16 CIP.HRT began a bus shelter replacement program in 2010 with funding from grants&localities. Operating Budget Impacts HRT has estimated an annual cost of$1,000 per shelter for maintenance and litter control. For shelters at stops below the HRT ridership guidelines(40 per day)the City or an"Adopt-a-Spot strategy will need to fund the ongoing maintenance and litter control. Project Map Schedule of Activities Project Activites From-To Amount Design 07/16-06/19 115,000 Construction 07/17-06/23 2,082,126 Contingencies 07/17-06/23 320,000 Total Budgetary Cost Estimate: 2,517,126 Means of Financing NO MAP REQUIRED Funding Subclass Amount Federal Contribution 319,175 State Contribution 79,794 Local Funding 2,118,157 Total Funding: 2,517,126 GovMax V5 4 5/15/2017 City of Virginia Beach FY 2018 thru FY 2023 Capital Improvement Program Project: 2024000 I Title:Rural Road Improvements II I Status:Approved Category: Roadways Department:Public Works I Ranking:0 Project Type Project Location Project Type: New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Future Funding 2,000,000 800,000 200,000 200,000 200,000 200,000 200,000 200,000 0 Description and Scope This ongoing project is for safety and geometric improvements or other upgrades for substandard rural roads. Purpose and Need This project is needed to upgrade substandard rural roads to eliminate hazards.Without this project,rural road.will remain narrow and hazardous due to lack of adequate shoulders and close proximity of roadside ditches. History and Current Status This project first appeared in the FY 2013-14 CIP.This project is a continuation of project 2-021 Rural Roads Improvements,which first appeared in the FY 1985-86 CIP. Operating Budget Impacts The acquisition of necessary property and easements is authorized to the extent funding is available. Project Map Schedule of Activities Project Activites From-To Amount Construction 07/13-06/23 2,000,000 Total Budgetary Cost Estimate: 2,000,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 1,983,374 Developer Contribution 16,626 Total Funding: 2,000,000 GovMax V5 41 5/15/2017 City of Virginia Beach FY 2018 thru FY 2023 Capital Improvement Program Project: 2111000 I Title:Traffic Safety Improvements IV I Status:Approved Category: Roadways Department:Public Works I Ranking:0 Project Type Project Location Project Type: New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Future Funding 17,974,972 3,881,402 2,119,099 1,902,176 1,717,188 1,883,891 3,235,608 3,235,608 0 Description and Scope This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity..and„afety improvements. Purpose and Need There are intersections and road segments where minor modifications.an in.rease traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be ex.edite.to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the acti ities of t IP 2-300.Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use if prope y in the Norfolk Southern Right of Way.By the agreement,these funds must be used for transportation purposes. Operating Budge`.Impacts constructing , acquiring needed property and easements, Project Map Schedule of Activities Project Activites From-To Amount Construction 07/16-07/23 17,974,972 Total Budgetary Cost Estimate: 17,974,972 Means of Financing NO MAP REQUIRED Funding Subclass Amount Federal Contribution 319,950 State Contribution 35,550 Local Funding 16,932,268 Lease of Property 687,204 Total Funding: 17,974,972 GovMax V5 49 5/15/2017 75 Item-V-I.8 ORDINANCES/RESOLUTIONS ITEM#68001 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date to satisfy Conditions re closure of portion of Scott Bend Lane(Approved April 21, 2015) 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 April 17, 2018 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 4,500 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT-OF- 5 WAY KNOWN AS SCOTT BEND LANE 6 7 WHEREAS, on April 21, 2015, the Council of the City of Virginia Beach acted 8 upon the application of Timothy J. Costen (the "Applicant"), for the closure of an 9 unimproved 4,500 sq. ft. portion of Scott Bend Lane; 10 11 WHEREAS, City Council adopted an Ordinance (ORD-3404B) to close the 12 aforesaid right-of-way, subject to certain conditions being met on or before April 20, 13 2016; 14 15 WHEREAS, on March 23, 2016, the Applicant requested and was granted (by 16 Ordinance ORD-3448E) an extension of time to April 20, 2017 to satisfy the conditions 17 to the aforesaid street closure action; 18 19 WHEREAS, on March 21, 2017, the Applicant requested and was granted (by 20 Ordinance ORD-3499C) an additional extension of time to April 20, 2018 to satisfy the 21 conditions to the aforesaid street closure action; and 22 23 WHEREAS, on March 28, 2018, the Applicant requested a third extension of time 24 to satisfy the conditions to the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting conditions of closure as stated in the Ordinance 30 adopted on April 21, 2015 (ORD-3404B), upon application of Timothy J. Costen, is 31 extended to April 19, 2019. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17th day 34 of April , 20 1g. 35 36 GPIN: Right-of-way/ No GPIN assigned 37 Adjacent to GPINs: 2417-06-6362 and 2417-06-6462 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning Department CA14226 \\vbgov.com\dfs I\applications\citylaw\cycom32\wpdocs\d003\p027\00464606.doe R-1 April 5, 2018 ( NOTES: 1. THIS (MOT 1S ROWED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOBIEE AHO wpm= OF THE MOCKED RECORD I a 2 5) IS NOT MENDED FOR MN OTHER THAN• Pa j3) GENlO I r: 2 ► �� f7, 1. A WT1.E REPORT WS NOT BEEN PROVIDED FOR NS PROPERTY. I Z2 I 23 1 24 2417 06 831a 200411290017T 11.8. 27, PG. 73 sew 1 s orxa'oo` w y 1 75.70' TAariv_, ._ x 72'gricarce--01 AREA OFI PROPOSED ' CLOSURE 1D 1[1419 4r au: �1 20 /E GPIN I17 08 8362 50eew��6PA�ilf�2441177 OS 6482 124�� OB 11.4DOC. 20100223000171 i''7 M.B. 121, PG. S3" _ I i%'fie MI.B. 27, PG. 73 y4it l . n 1 WI —� it %..._1 y M :. -//. I i I dr41„.. i s 416Nrr 1 2 .. .150' S pihtV N 0710'00' E N OT30'00" E 75.70' PPE j INMif N. OCEANA BOULEVARD (AVAIERLYE4ST q • fl of (11.2. 27, PG. 73) (so' R/W) 0�4 f STREET CLOSURE SITS OF A 30ADJACDIT TO FT. -WAY 002984 p LNo. Ze3013`'x''r` LOT 20IND WO' OF'LOT 21 plumy aF wool LOOM CRS OCEANA GARDENS 411111M _ (MI.B. 29, PG. 64) (M.B. 27, PG. 73) �' '4 p (M.B. 20, PG. 33) ° �;r MOM BEAM MGM I .4 R polo PON Is TIMOTHY J COSIDI SS •rervicesf • r sr Ar Pr Se -7�ss 76 Item -V I.9a ORDINANCES/RESOLUTIONS ITEM#68002 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement (MOA)for contribution of funds to the Department of the Army re projects at Lynnhaven Inlet: a. Maintenance Dredging 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 April 17, 2018 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR LYNNHAVEN INLET 5 MAINTENANCE DREDGING 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute all of the funds to the Department of the Army for a 9 project such as the dredging of the Lynnhaven Inlet (the "Project"); and 10 11 WHEREAS, the current estimated City contribution for the Project is $550,000; and 12 13 WHEREAS, the dredging of the Lynnhaven Inlet serves many public interests 14 including the protection of property, the enhancement of the City's natural resources, and 15 the encouragement of commerce and tourism. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 The City Manager is hereby authorized and directed to execute a Memorandum of 21 Agreement for the Contribution of Funds in the amount of $550,000 with the Department 22 of the Army for Lynnhaven Inlet Maintenance Dredging, a copy of the material terms of 23 this agreement is attached hereto and incorporated. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of April , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Aid Public Wor c_ �A or ey CA14351 R-1 April 3, 2018 Summary of Material Terms Memorandum of Agreement for the Contribution of Funds Parties: Department of the Army(the "Government") City of Virginia Beach(the"City") Purpose: Contribution of full depth dredging funds for the maintenance dredging of the Lynnhaven Inlet Federal Navigation (the "Project") City's Obligation: 1. To provide$550,000 to pay costs associated with the Maintenance Work, including the costs of environmental compliance, supervision and administration, and engineering and design. 2. Within thirty(30) calendar days of execution of the MOA,the City shall provide the funds to the Government by delivering a check payable to "FAO, USAED Norfolk District" to the District Engineer or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. Government's Obligation: 1. To provide the City with quarterly reports of obligations for the Maintenance Work. The first such report shall be provided within thirty (30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Government concludes the Maintenance Work. 2. Upon conclusion of the Maintenance Work and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. If the costs of the Maintenance Work are less than the sum of the Federal funds and the amount of funds provided by the City, the Government shall refund the excess to the City within thirty (30) calendar days of such written notice. Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. 77 Item-V-I.9b ORDINANCES/RESOLUTIONS ITEM#68003 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT,Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement (MOA)for contribution offunds to the Department of the Army re projects at Lynnhaven Inlet: b. Additional Work 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 April 17, 2018 1 A RESOLUTION AUTHORIZING THE EXECUTION OF 2 A MEMORANDUM OF AGREEMENT FOR THE 3 CONTRIBUTION OF FUNDS TO THE DEPARTMENT 4 OF THE ARMY FOR LYNNHAVEN INLET ADDITIONAL 5 WORK 6 7 WHEREAS, the United States Congress amended the U.S. Code to allow a 8 political subdivision to contribute all of the funds to the Department of the Army for a 9 project such as the Lynnhaven Inlet Additional Work (the "Project"); and 10 11 WHEREAS, the "Additional Work" referenced in the proposed Memorandum of 12 Agreement includes the placement of dredged material on Cape Henry Beach; and 13 14 WHEREAS, the current estimated City contribution for the Project is $200,000; and 15 16 WHEREAS, the placement of dredged material from the Lynnhaven Inlet upon 17 Cape Henry Beach serves many public interests including the protection of property, the 18 enhancement of the City's natural resources, and the encouragement of commerce and 19 tourism. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, THAT: 23 24 The City Manager is hereby authorized and directed to execute a Memorandum of 25 Agreement for the Contribution of Funds in the amount of $200,000 with the Department 26 of the Army for Lynnhaven Inlet Additional Work, a copy of the material terms of this 27 agreement is attached hereto and incorporated. 1-11N- Adopted I1N-Adopted by the Council of the City of Virginia Beach, Virginia on the I I day of ( , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: p#,21/7d.7,v1 ublic Work o ey CA14352 R-1 April 3, 2018 Summary of Material Terms Memorandum of Agreement for the Contribution of Funds Parties: Department of the Army(the "Government") City of Virginia Beach (the "City") Purpose: The City requests placement of beach quality sand along the length of Cape Henry Beach beyond the Federal Standard (the "dredged material placement")and agrees to pay all costs of such placement that are in excess of the costs of the Federal Standard dredged material placement alternative. City's Obligation: 1. To provide $200,000 costs including the costs of environmental compliance, supervision and administration, and engineering and design, associated with the dredged material placement that exceed the costs of the Federal Standard dredged material placement alternative. 2. The City shall provide the funds to the Government by delivering a check payable to "FAO, USAED Norfolk District" to the District Engineer or providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. Government's Obligation: 1. The Government shall provide the City with quarterly reports of obligations for the dredged material placement. The first such report shall be provided within thirty (30) calendar days after the final day of the first full quarter of the Government fiscal year following receipt of the funds pursuant to this MOA. Subsequent reports shall be provided within thirty (30) calendar days after the final day of each succeeding quarter until the Army concludes the dredged material placement. 2. Upon conclusion of the dredged material placement and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. . Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. 78 Item-V-L10(ADD ON) ORDINANCES/RESOLUTIONS ITEM#68004 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT,Resolution to Support the expansion offilm production tax incentives 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 April 17, 2018 REQUESTED BY MAYOR SESSOMS 1 A RESOLUTION TO SUPPORT THE EXPANSION 2 OF FILM PRODUCTION TAX INCENTIVES 3 4 WHEREAS, Netflix has encouraged the Governor to expand the Commonwealth's 5 film production tax incentives, a copy of such letter is attached hereto as Exhibit A; and 6 7 WHEREAS, the City believes that all localities within the Commonwealth would 8 benefit from an expansion of film production activities; and 9 10 WHEREAS, the City believes an increase in film production enhances the profile 11 of the Commonwealth and its localities, which supports economic development and job 12 creation; 13 14 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA. THAT: 16 17 The City Council supports the expansion of film production tax incentives, which it 18 believes furthers economic development and job creation. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th day of April , 2018. APPROVED AS TO LEGAL SUFFICIENCY: . 41., J City Attorney's Office CA14363 R-1 April 17, 2018 Exhibit A NETFLix April 16,2018 Governor Ralph Northam P.O.Box 1475 Richmond, Virginia 23218 Dear Governor Northern, As the world's largest content creator with 125 million global subscribers, Netflix produces original films and series across the globe. With tremendous growth comes the need for new locations that align with our ambitions and core business values and which allow us to make the best content possible for our subscribers. We make a large portion of our content in Los Angeles and New York. However, when we do look outside of our core production hubs, Virginia has the potential to be an attractive location with great creative and technical talent. However, the state's current production tax incentive legislation and lack of infrastructure prevent it from being a viable option.Strong government support for a competitive state production incentive program could entice Netflix to consider shifting production activity to the state on a long-term basis. We have done this in other states. As an example, Georgia's industry-leading incentive program led to a surge in permanent production infrastructure and workforce development statewide, translating to a boon to the state's economy.As a long-term leaseholder of over 10 sound stages in Atlanta, with four of our large original television series based permanently in the state, Netflix has a robust presence in Georgia because of that incentive and infrastructure. We look forward to future discussions and hope Virginia can emerge as a leading alternative for future investments that Netflix may consider in the region. Sincerely, ic L.,,e, , 7.7/' _______ Ty Warren Ted Sarandos Vice President, Physical Production Chief Content Officer 0:310 975 8711 tyw@netflix.com .661 5808 1`'.Sunset Boulevard,Hollywood CA 80028 79 Item—V-J PLANNING ITEM#68005 1.KELLY V. GENTRY VARIANCE 2. ARGOS PROPERTIES II,LLC CONDITIONAL CHANGE OF ZONING 3. LOGAN VIRGINIA PROPERTIES,LLC CONDITIONAL CHANGE OF ZONING 4.ACC PROPERTY SOLUTIONS,INC. CONDITIONAL CHANGE OF ZONING 5.EVERGREEN VIRGINIA,LLC CONDITIONAL USE PERMIT 6. HENRY&KAYSTANLEY CONDITIONAL USE PERMIT ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 April 17, 2018 80 Item—V-J PLANNING ITEM#68006 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 3, 5 and 6 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 April 17, 2018 81 Item -V-11 PLANNING ITEM#68007 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of KELLYE V. GENTRY for a Variance to Section 4.4 (b) & (d) of the Subdivision Regulations for property at the West side of Vaughan Road, DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KELLYE V. GENTRY for a Variance to Section 4.4 (b) & (d) of the Subdivision Regulations for property at the West side of Vaughan Road (GPIN 2401350433) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "EXHIBIT FOR SUBDIVISION VARIANCE AT GENTRY PROPERTY,"dated January 31, 2018 and prepared by Pennoni Associates Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lot C-2A1 is developed, the residential dwelling constructed shall have the architectural features, and appearance of like quality and character to the Elevation Exhibit on page 8 of this Staff report, entitled "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. An ingress/egress easement connecting to a public street, with a minimum width of twenty (20)feet, shall be maintained in perpetuity to provide access to Lot C- 2A and Lot C-2A1. Said easement shall be recorded with the Clerk of Court. 4. A fifty (50)foot vegetated buffer shall be installed and maintained between any residential structure and any abutting agricultural operation. Said buffer shall be consistent with the Rural Residential Development Guidelines with the first twenty-five (25)feet being heavily planted with a mixture of grasses and low growing indigenous shrubs, and the second twenty-five (25)feet adjacent to the structure planted with a double row of trees with a minimum caliper of one and one half inches and planted no more than thirty(30)feet apart on center. 5. No residential structures shall be permitted on Lot C-2A. A note shall be recorded on the final plat indicating that Lot C-2A is not a building site. 6. Prior to obtaining a building permit, Lot C-2A1 shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. 7. As required by Section 4.10 (B) (3) of the Floodplain Ordinance, no residential structures shall be located within the area designated as Floodplain Subject to Special Restrictions April 17, 2018 82 Item -V-J.1 PLANNING ITEM#68007 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of April, Two Thousand Eighteen. 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 April 17, 2018 — `~ ►�_fi If I ' 'moi11111:; '~/ il 11 f i it r w! t, U a At t; v ei i i t.a < 'N 'Ti7 =is, CID rj/`f# r i( win. t NI 0I r f�F � � 1 t r t:t"'�!� ir' +I C CI n -i EZI 1114:11121 12 ' :r7C-I'Z 1'''.-- -,:dios7 N . , iftE fig C7 r 4(9 D CD a 83 Item -V-J.2 PLANNING ITEM#68008 The following individuals registered to speak: Ann Crenshaw, 1216 Cedar Point Drive, Phone: 491-4044, Attorney for the Applicant spoke in SUPPORT. Brad Martin, 448 Viking Drive, Phone: 468-6800, Agent for the Applicant spoke in SUPPORT. Ron Stebbins, 2209 Cabot Court, Phone: 339-4513, Princess Anne Quarter Civic League spoke in OPPOSITION. Joe Brown, 2304 Pierce Lane, Phone: 427-9752, spoke in OPPOSITION Michelle Riley, 3675 HillBreeze Road, Phone: 805-0605 did not reply. Rick "RK"Kowalewitch, 824 24`h Street, Phone: 831-6143, spoke in OPPOSITION. Rona Marsh, 4382 Linnville, Phone: 270-7900, spoke in OPPOSITION. Heidi Jeffreys, 3805 Concord Bridge Road, Phone: 305-8060, spoke in OPPOSITION. Reid Greenmun, 2405 Cliff Cutter Drive, Phone 615-4533, spoke in OPPOSITION. Dylan Lloyd, 1552 Hummingbird Lane, Phone: 515-0201, spoke in OPPOSITION. Darlene Beckett, 2373 Fenwick Way, spoke in OPPOSITION. After City Council discussion, Council Lady Henley made a motion, seconded by Council Lady Abbott, to DENY the Application of ARGOS PROPERTIES II, LLC for a Conditional Change of Zoning from AG-1 &AG-2 Agriculture to P-1 Preservation and R-10 Residential at the North side of Princess Anne Road(GPIN 2404245926)DISTRICT 7—PRINCESS ANNE 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 April 17, 2018 211/ 14110114ii 6 tit War w/.4, . V0 OC , • I 44114 Q • . 0 4.0** \\1\\\\11:11‘ 41:11"._ ?"111 ..111001t1: :;ut tit \ 46 410 (11 C Ali 441"P-( 17'' 1 7 Q T- -W. • . ,.*Ak . its6. %P&L, c7. lti JJJ rilaki 62 la SW 84 Item-V-J.3 PLANNING ITEM#68009 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, AS PROFFERED, BY CONSENT, Application of LOGAN VIRGINIA PROPERTIES, LLC /BYLER AZALEA LLC & GATEWAY FREE WILL BAPTIST CHURCH, INC.for a Conditional Change of Zoning from B-2 Community Business,A-12 Apartment, R-7.5 Residential to Conditional B-2 Community Business at 5441 &a portion of 5473 Virginia Beach Boulevard DISTRICT 2-KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LOGAN VIRGINIA PROPERTIES, LLC/BYLER AZALEA LLC & GATEWAY FREE WILL BAPTIST CHURCH, INC. for a Conditional Change of Zoning from B-2 Community Business, A-12 Apartment, R-7.5 Residential to Conditional B-2 Community Business at 5441 & a portion of 5473 Virginia Beach Boulevard (GPINs 1467477344, 1467463886) DISTRICT 2- KEMPSVILLE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of April, Two Thousand Eighteen. 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 • April 17, 2018 • t� 1 t.r r'` rkur te" I:uiT r �'V 1 {i j ~ '. L.4...tr iv/ ,./ / / e` fff j- f 1 I r-_ . Al t�1 ,_ ,� �`'t y 1 f/ "+J21-2:71 f r /I�, J'' 7,7, 2.. _� if 14i/7 toL UPI - i 7ill • Q Qii �� ... ,.. l �: entre ntr � i' .- r! r+l .. . r---, !• J----_, - , /rex' r.• �+-.._ ,..,;, .: 1 , ______ . Li------1 1 141111111111h\ 0 ---1 1.;17.,) r-1.....-I ig e i ,40 i k f V IS-7 '` , c,x141A.It.ic,,_ 4.1.0.. ..,,..„, „, 4: ofeAc ,., .. ..6 ,z CITY OF VIRGINIA BEACH 7, * INTER-OFFICE CORRESPONDENCE ^ --, OF OUR ps,oNS In Reply Refer To Our File No. DF-10040 DATE: April 6, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson L' DEPT: City Attorney RE: Conditional Zoning Application; Logan Virginia Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 17, 2018. I have reviewed the subject proffer agreement, dated December 29, 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 Prepared by: Patten,Womom,Hatten&Diamonstein,LC 12350 Jefferson Avenue,Suite 300 Newport News,Virginia 23602 Attn:Lindsey A.Carney,Esq.(VSB No.70870) After recording return to: Office of the City Attorney,Virginia Beach 2401 Courthouse Drive Virginia Beach,Virginia 23456 GPIN: A portion of 14674638860000 (5473 Virginia Beach Boulevard) GPIN: 14674773440000 (5441 Virginia Beach Boulevard) PROFFER STATEMENT CONDITIONAL REZONING APPLICATION THIS PROFFER STATEMENT ("Statement") made this 29th day of December, 2017, by and between BYLER AZALEA, LLC, a Virginia limited liability company ("Byler"); GATEWAY FREE WILL BAPTIST CHURCH, INC., a Virginia non-stock corporation ("Gateway"); and LOGAN VIRGINIA PROPERTIES, LLC, a Virginia limited liability company ("Logan") (Byler, Gateway and Logan shall collectively hereinafter be referred to as the "Grantors"); and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee" or "City"), with an address of 2401 Courthouse Drive, Virginia Beach, Virginia 23456. RECITALS A. Byler is the fee simple owner of the parcel of real property located in the City of Virginia Beach, Virginia, identified as GPIN 14674773440000, and more fully described on "Exhibit A" (the `Eyler Property"), with a street address of 5441 Virginia Beach Boulevard, Virginia Beach, Virginia. B. Gateway is the fee simple owner of the parcel of real property located in the City of Virginia Beach, Virginia, identified as GPIN 14674638860000, and more fully described on 1 "Exhibit B" (the "Gateway Property"), with a street address of 5473 Virginia Beach Boulevard, Virginia Beach, Virginia. C. Logan is the contract purchaser of the Byler Property and a portion of the Gateway Property. D. Logan, with the consent of Byler and Gateway, has submitted a Conditional Rezoning Application to change the zoning designation of the Byler Property and a portion of the Gateway Property from B2 unconditioned (as to the Byler Property) and R7.5 and Al2 (as to a portion of the Gateway Property) to B2 Conditioned with proffers. For purposes of this Proffer Statement, the Byler Property and the portion of the Gateway Property to be rezoned shall collectively be referred to as the "Property". E. Grantors have requested approval of this Proffer Statement. F. The City's policy is to provide for the orderly development of land for various purposes, including commercial purposes, through zoning and other land development legislation. G. Grantors desire to offer the City certain conditions for the enhancement of the community and to provide for the highest quality and orderly development of the Property. H. The conditions outlined in this Proffer Statement have been proffered by Grantors and allowed and accepted by the City. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of the City. NOW, THEREFORE, for and in consideration of the approval and acceptance by the City of this Proffer Statement, Grantors agree that they will meet and 2 comply with all of the following conditions in developing the Property. In the event the requested change of zoning classification is not granted by the City or is withdrawn by the Grantors, these Proffers shall thereupon be void ab initio and of no further force or effect. Grantors, their successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from the City or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the foregoing declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Proffer Statement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantors, their heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: CONDITIONS A) The following are a list of conditions upon the use and development of the Property: 1. The Property shall be developed in substantial conformance with the conceptual site plan drawings entitled "CONCEPTUAL SITE PLAN", dated December 29, 2017, which was prepared by Timmons Group (the "Conceptual Site Layout"), a copy of which is on file with the Department of Planning & Community Development and has been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide justification for this rezoning action. Any minor changes to the Conceptual Site Layout made necessary by environmental, engineering, architectural, topographic or other development 3 conditions, or site plan and subdivision approval requirements, may be permitted subject to the approval of the Director of Planning& Community Development. 2. Landscaping for the Project will adhere to standard City requirements and shall be in substantial conformance with the Conceptual Site Layout. A landscape plan shall be developed in substantial conformance with the conceptual landscape concept drawings entitled "CONCEPTUAL SITE PLAN", dated December 29, 2017, which was prepared by Timmons Group (the "Conceptual Site Layout"), a copy of which is on file with the Department of Planning & Community Development and has been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide justification for this rezoning action. The final landscape plan that is submitted to and reviewed by the Development Services Center's Landscape Architect and subject to approval by the Director of Planning & Community Development shall be in substantial conformance with the Landscape Concept Plan and reviewed and approved by the Director of Planning & Community Development. All landscaping shall be installed in accordance with the approved plan and shall be maintained in a healthy condition in perpetuity. 3. Building elevations and exterior building materials (the "Building Elevations and Exterior Building Materials") shall be consistent with the drawings prepared by CASCO, dated October 10, 2017, which Building Elevations and Exterior Building Materials are on file with the Department of Planning & Community Development and have been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide a justification for this rezoning action. All final building elevations, including design, materials and colors shall be reviewed and approved by the Director of Planning & Community Development prior to issuance of a building permit. 4 4. The applicant shall submit a Photometric Plan, to include the design, color and materials of all lighting fixtures, subject to the review and approval of the Director of the Department of Planning & Community Development prior to site plan approval. Lighting shall be installed and operated as shown on the approved plan. All exterior lighting on the Property shall be directed downward and inward to the site. All outdoor storage and displays of saleable items shall be prohibited. 5. All dumpsters and HVAC systems shall be screened from adjacent properties and right-of-way .with materials and design approved by the Director of the Department of Planning & Community Development prior to site plan approval. The dumpsters shall be maintained in good condition in perpetuity and in keeping with the materials, style and design regarding which it is approved. B) Further lawful conditions or restrictions against the Property may be required by the City during the detailed Site Plan review and administration of applicable codes and regulations of the City by all appropriate agencies and departments of the City, which shall be observed or performed by Grantors. Grantors acknowledge that additional further lawful conditions or restrictions may be imposed by the City as a condition of approvals, including but not limited to final Concept Plan approval. C) All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the City. D) The Grantors covenant and agree that: (1) the Zoning Administrator of the City shall be vested with all necessary authority on behalf of the governing body of the City to administer and enforce the foregoing conditions and restrictions specified in this Proffer 5 Statement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the Grantors' failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; and (3) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning & Community Development and that this Proffer Statement shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and the City. [SIGNATURES ON FOLLOWING PAGES] 6 WITNESS the following signatures and seals: GRANTOR: BYLER AZALEA, LLC, a Virginia limited liability company By: akt 72, (SEAL) Name: Kath4n N. Byl Title: Sole Member/Manager COMMONWEALTH CITY OF Uctl�;l1Q. , to-wit: The foregoing instrument was acknowledged before me,---8g b .q Jitalogq' , Notary Public, this 24 day of 1piegfXbge. , 201 9- , by Kathryn N. Byler, as Sole Member/Manager for and on behalf of Byler Azalea, LLC, a Virginia limited liability company, on behalf of said company. • IP Notary Public My Commission Expires: 314t..b./ 2,424e1 Notary Registration Number: V2.#9.. 29i [Affix\\Igo '.�y""�ue 4„,. ' w REGISTRATION O.., ' 212122 - :MY CO .EXPIRES! 2•.or P ''' Oj: 11RG1N�. \G 7 WITNESS the following signatures and seals: GRANTOR: GATEWAY FREE WILL BAPTIST CHURCH, INC., a Virginia non-stock corporation By: :. --7," ? (SEAL) Name: Sr;., o2y Title: �rtcruree- COMMO ALTH/OF VIRGINIA CITY OF /1�y.dh 4e , to-wit: The foregoing instrume was acknowledged before me, Ey 1:skv iTcp c1er�5 , Notary Public, this Z day of , 201$, by A ,44 A. f'�. , as 1 reo c&re e for and on beha of Gateway Free Will Baptist Church, I1E, a Virginia non-stock corporation, on behalf of said company. - Alle -- _ �-i-.or. �N�Nuuiiiir777 Not. P '. is .��\��(VSI ON✓'��'4i 4GMONWf. O,yi�� My Commission Expires: ..57.3/'v9/ z• :REGISTRATION NO. 7558454 Notary Registration Number: 7�"1Sf3�1J .. . )al : [Affix Notary Seal] '%,5Z4RY PV@�`����` �1�Ilnuitito 8 WITNESS the following signatures and seals: GRANTOR: LOGAN VIRGINIA PROPERTIES, LLC, a Delaware limited liability company By: /TANI � � SEAL) Name. Title: I '. STATE OF G GIA EIS OF /'L,3 , to-wit: The foregoing in trume as acknowledged before me •' ' ' ' �, 0 otary blic, thiZ y of , 9,€ , 2018 , by EP ' p ! as (L 3 i /b6i,V-T for and on behalf of ogan Virginia Properties, LLC, a Delaware limited liability company, on behalf of said company. I, q Notary Public My Commission Expires: ,41.... O(1�o1.40o940 Notary Registration Number: -Gb6i8/25;6' f [Affix Notary Seal] of',AkAAlV�= ( ft- ' (f- C7 COUNT' 9 Exhibit A Legal Description of the Gateway Property 11 Legal description for 5473 Virginia Beach Blvd: Beginning at a point located on the southern right-of-way line of Virginia Beach Boulevard; thence leaving said Virginia Beach Boulevard S 14°57'12" W a distance of 192.35 feet to a point; thence S 64°24'54" E a distance of 96.00 feet to a point; thence S 14°57'12" W a distance of 200.41 feet to a point; thence S 64°24'54" E a distance of 146.00 feet to a point; thence N 14°57'12" E a distance of 225.41 feet to a point; thence S 64°24'48" E a distance of 160.00 feet to a point; thence S 14°57'12" W a distance of 225.47 feet to a point; thence S 14°28'15" W a distance of 1000.97 feet to a point; thence N 73°02'04" W a distance of 864.82 feet to a point; thence N 14°55'46" E a distance of 1096.68 feet to a point; thence N 13°51'08" E a distance of 248.70 feet to a point; thence S 64°24'48" E a distance of 108.10 feet to a point; thence N 15°06'12" E a distance of 179.54 feet to a point located on the southern right-of-way line of Virginia Beach Boulevard; thence along Virginia Beach Boulevard S 64°24'48" E a distance of 108.70 feet to a point; thence leaving said Virginia Beach Boulevard S 14°57'12" W a distance of 392.76 feet to a point; thence S 64°24'54" E a distance of 196.80 feet to a point; thence N 14°57'12" E a distance of 392.76 feet to a point located on the southern right-of-way line of Virginia Beach Boulevard; thence along Virginia Beach Boulevard S 64°24'48" E a distance of 60.00 feet to a point, said point being the True Point and Place of Beginning containing 1,058,598 square feet or 24.3 acres. Exhibit A Legal Description of the Byler Property 10 Legal description for 5441 Virginia Beach Blvd: Beginning at a point located on the southern right-of-way line of Virginia Beach Boulevard; thence along Virginia Beach Boulevard S 67°19'16" E a distance of 428.26 feet to a point; thence leaving said Virginia Beach Boulevard S 25°30'05" W a distance of 127.75 feet to a point; thence S 64°30'23" E a distance of 123.69 feet to a point on the western right-of-way line of Toy Avenue; thence along Toy Avenue S 14°33'35" W a distance of 58.50 feet to a point; thence leaving said Toy Avenue N 75°26'25" W a distance of 127.74 feet to a point; thence N 14°33'35" E a distance of 23.64 feet to a point; thence N 64°24'48" W a distance of 160.00 feet to a point; thence S 14°57'12" W a distance of 225.41 feet to a point; thence N 64°24'54" W a distance of 146.00 feet to a point; thence N 14°57'12" E a distance of 200.41 feet to a point; thence N 64°24'54" W a distance of 96.00 feet to a point; thence N 14°57'12" E a distance of 192.35 feet to a point, said point being the True Point and Place of Beginning, containing 116,187 square feet or 2.7 acres. 85 Item-V-J.4 PLANNING ITEM#68010 Upon motion by Councilman Uhrin, seconded by Councilman Wood, City Council APPROVED, AS PROFFERED,Application of ACC PROPERTY SOLUTIONS,INC.for Conditional Change of Zoning from A-12 Apartment to Conditional R-5S Residential at 1602 Cypress Avenue DISTRICT 6-BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ACC PROPERTY SOLUTIONS, INC. for Conditional Change of Zoning from A-12 Apartment to Conditional R-5S Residential at 1602 Cypress Avenue (GPIN 2417963284) DISTRICT 6-BEACH The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of April, Two Thousand Eighteen. 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 April 17, 2018 ''''' .._'..c \ ‘ ' „., I -3 1 s \\\ - .)', l; it — 1 \ V\ W ..... ...._ \ :.:., \ \is II"-- --,1 I.,1 , Ce "I %.,. 1 t,----- __----- _____---- ,„ \ ' \ \ \ ._-- \ '-----/ .... r- --- I ,- ..% /\, --'- Ce ' A \ -..---- _-,--------- , --"-' -.-,--'-"F N'N\ / \ ‘ \ V__ ,--'---'--- ____,-------- - '''N-3 Wood , \ tg C. '. -...-------- ----_-,--- ___----- 1 "N, co _,_ i\---n,' (:- '. • tn 0 _.---- — ‘ 14 a \1.i• ---7----- .._-. . • ....-- . __-------- _---- 1111k . \,_____- \\ 'II ‘ . _----- - . -. ' CNI ...„-- ....- ..... ‘ • < ' VI) \ I A , t____Cli F...1 ib Ix \ i 6 ' ...,-\ \ to , i cY _ Ce .__---- i , , • . . I , \ __-------j , ___----- _. ....- , ___- ____ --- ___- _ __ \ ..__... ____ I___,_,--------------L\ `4G�$�Ac�1r il CITY OF VIRGINIA BEACH , 7 ••••- * INTER-OFFICE CORRESPONDENCE ----.,..,s.?. -r 7,; : S OF OUR NNS��NS In Reply Refer To Our File No. DF-10049 DATE: April 6, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson' s DEPT: City Attorney RE: Conditional Zoning Application; ACC Property Solutions, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 17, 2018. I have reviewed the subject proffer agreement, dated February 1, 2018 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 ACC PROPERTY SOLUTIONS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 1st day of February, 2018, by and between ACC PROPERTY SOLUTIONS, 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 a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 2200 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional R- 5S Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the 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 Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 2417-96-3284-0000 PREPARED BY: 313 : SYKES.BOURDON. Prepared by: it ABM&LEVY,P.C. R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern Sr Levy, P.C. 281 Independence Boulevard Pembroke One, Fifth Floor Virginia Beach,Virginia 23462 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 amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. 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 pro quo for zoning, rezoning, site plan,building permit, or subdivision approval,hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved and the dwelling shall be located substantially as shown on the exhibit entitled "CONDITIONAL REZONING EXHIBIT OF LOT B", as shown on the plat "PROPERTY OF ROY S. WHITEHURST (M.B. 16 P. 23), Virginia Beach, Virginia" September 25, 2017 For: ACC Property Solutions, Inc., prepared by DKT Associates, revised 1-31-2018, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The architectural design of the home depicted on the Site Plan will be as depicted on the exhibit entitled, "1602 CYPRESS AVENUE", prepared by J. Smith Designs, dated 11-14-17, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. PREPARED BY: B SYKES.BOURDON. All references hereinabove to R-5S District and to the requirements and regulations {►- AIItRN&LEVY.P.C. applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision 2 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. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and(b)to bring legal action or suit to insure compliance with 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; PREPARED BY: (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to SYICES,BOURDON, these provisions,the Grantor shall petition the governing body for the review thereof prior AIIERN&LEVY,R.C. to instituting proceedings in court; and 3 (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. PREPARED BY: Dm SYKES. BOURDON. Lill AMIE IN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: ACC Property Solutions, Inc., a Virginia corporation By: -.) Z (SEAL) Michael Lathr , President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 2nd day of February, 2018, by Michael Lathrop, President of ACC Property Solutions, Inc., a Virginia corporation, Grantor. ./t)d' i/(.7nkYe/ Notary Public tb My Commission Expires: August 31, 2018 .•` p►1417.4•, Notary Registration Number: 192628 �4 •••; �I • Akeylr PREPARED BY: S.[3 SYK1:S.I OURDON. I. AIILRN&LEVY,P.C. 5 EXHIBIT "A" All that certain lot, piece or parcel of land, with the buildings and improvements thereon, now or formerly numbered 1602 Cypress Avenue, in the City of Virginia Beach, Virginia and designated on the plat entitled, PROPERTY OF ROY S. WHITEHURST AT VIRGINIA BEACH", and recorded in the aforesaid Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 16, at Page 23, as Lot "B, said lot being more particularly described as follows: Beginning at a pin on the western side of Cypress Avenue in the northerly direction 35 feet from the northwestern intersection of Cypress Avenue and 16th Street and running thence westerly and parallel with 16th Street 6o feet to a pin; thence northerly and parallel with 16th Street to a pin on the western line of Cypress Avenue 37 feet to a pin; to the Point of Beginning. GPIN: 2417-96-3284-0000 H:\AM\Conditional Rezoning\ACC Property Solutions\Proffer Agreement.docx PREPARED BY: SYI:I:S. BOURDON. NI AHERN&LPVY.P.C. 6 86 Item-V-J.5 PLANNING ITEM#68011 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, AS CONDITIONED and MODIFIED, BY CONSENT, Application of EVERGREEN VIRGINIA,LLC for a Conditional Use Permit re car wash and a Modification of Conditions re motor vehicle sales and repair at 240 & 248 North Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard (Approved 1971, 1987, 1989, and 1997)DISTRICT 6-BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EVERGREEN VIRGINIA, LLC for a Conditional Use Permit re car wash and a Modification of Conditions re motor vehicle sales and repair at 240 & 248 North Lynnhaven Road, 2865 & 2893 Virginia Beach Boulevard (Approved 1971, 1987, 1989, and 1997) (GPINs 1497358365, 1497357774, 1497358684 & 1497356822)DISTRICT 6-BEACH The following conditions shall be required: 1. The development and landscape of the site shall substantially conform to the submitted layout entitled "Conceptual Site Plan Checkered Flag Building/Parking Lot Expansion 2865 Virginia Beach Blvd. Virginia Beach, Virginia"prepared by VHB, dated December 22, 2017 as depicted on page six(6) of this report. Said site plan has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the "Prep Building Addition for Checkered Flag 2865 Virginia Beach Boulevard, Virginia Beach, VA 23452" prepared by Covington Hendrix Anderson, dated January 2, 2018 as depicted on page seven (7) of this report. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. Vehicles shall not be displayed on platforms or in any method that elevates them above the parking lot surface. 4. All motor vehicle repairs and painting shall take place inside the building. 5. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials shall be permitted. 6. No tires, merchandise, or parts for sale shall be displayed outside. 7. No outside paging or amplified music system shall be permitted. 8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from nearby residential property. Any outdoor lighting fixture located on the property shall not be erected any higher than fourteen (14)feet. A photometric plan shall be submitted and approved prior to the approval of the site plan. April 17, 2018 87 Item -V-J.5 PLANNING ITEM#68011 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of April, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Abstaining: Mayor William D. Sessoms, Jr. April 17, 2018 Li Lb 1.--1(-- ----1- -1 /1/ / . 7 ( ce, , / , 1 7 -1. % 1 / / 1-*'''''i ''''''',--/ I / 1 4 i 1-----1 r . / / ./ .. 2/ i 0 . r--, 1i (--- .., t J -----/ / /.,...' — J / 4/ / Csi e :0' / / 03 1---- / Y I i --- / ---__ i 8/ / / IT , / 1 / 7----,,,--------„J f 1/ / 1 1 (---------,, -...... --, 1 1 . ,._ , 1 m i ___ if (-, 1-- - . -------__ --__.6-filia. i / , i , , , , , ,, 1 1 I I ‘'Nlips-"---46Pi / , , • • ,, , , , . '4446,„ V ‘ ••- ------. ---- ; 1 1 1 i . ca Ifl! 1.s .." . N .... NO'rt>-•--...---.-- -'•------- NTS - --- ,-- ----.f ,..---- ..../---- ‘....,._ -7-66 .....--. \70,.. do, \..- '--'-'-.-' V e-- • -,,,- i N ... •/, 0' I \\.,"„\S:::::: ".' - .-- V". • y\O N 'I -,_ ___1 C----'" ,,-----0_,ete. \------ I1 '1 , 7 , v- N.... , „ I , CO , . , (-7 i ii, I\ „, r,\ \ \ \\„ ��4G�1.1IA•13E4 GOA-13E4, City of Vires;inia Beach 0p OUR NA"�1�N5 April 17, 2018 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 In Reply Refer to 0062767 COURTHOUSE DRIVE VIRGINIAI BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Ms. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Evergreen Virginia, LLC for a conditional use permit (car wash facility) and modification of conditions (motor vehicle sales and automobile repair establishment) for property located at 240 N. Lynnhaven Road, 248 N. Lynnhaven Road, and 2865 and 2893 Virginia Beach Boulevard. 2. The applicant has disclosed that Towne Bank is a financial services provider with respect to this transaction. 3. I have a personal interest in Towne Bank, which is located at 600 22nd Street in Virginia Beach. I am no longer employed by TowneBank, and I am not personally providing services to this applicant on behalf of TowneBank. Although I am able to participate in this transaction fairly and in the public interest, as provided by Virginia Code Section 2.2-3115(I), I am nonetheless electing to abstain from this vote. Please record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, 2 William D.'Sessoms Mayor WDS/RRI 88 Item -V-J.6 PLANNING ITEM#68012 Upon motion by Vice Mayor Jones, seconded by Council Lady Kane, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of HENRY W. & KAY F. STANLEY for a Conditional Use Permit re commercial kitchen at 312 Indian Avenue DISTRICT 6-BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HENRY W. & KAY F. STANLEY for a Conditional Use Permit re commercial kitchen at 312 Indian Avenue (GPINs 2417819914,2417828090)DISTRICT 6-BEACH The following conditions shall be required: 1. In accordance with Section 234 (c) of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be • mounted flat against the wall of the residence. 2. In accordance with Section 234 (d) of the City Zoning Ordinance, the use shall not create noise, dust, vibration, smell, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no retail sales of any products or merchandise to the general public from the site. 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 Seventeenth day of April, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Apri117, 2018 l ' 1 - \- } \ -- '_ ' \ '.' ---------\ - ----------- - -1 \ -----------1-7----- \ 4 _ _-...1 \ ro) \ \CI. \ CO C 1 ilig;) ----------- \ t 'I, --i\ i_ __ _ _ fi \-------1----------\ = - . Ind`aoAverave 'l \___________ - . \- t 0 *4 lui I , i cv a, a --- GANG' BE4 '� meq...-4k-4 tilt1Z H ' -'"--7),..-_,,! or.-`3 a� City of Virginia Beach C2 z � .r `r 9�tS OF jo OF OUR NAT10H `e VBgov.com WILLIAM D.SESSOMS,JR. O MUNICIPAL CENTER MAYOR April 17, 2018 BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 In Reply Refer to 0062766 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Ms. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Kay F. Stanley for a conditional use permit (home occupation—commercial kitchen) for property located at 312 Indian Avenue. 2. The applicant has disclosed that Towne Bank is a financial services provider with respect to this transaction. 3. I have a personal interest in Towne Bank, which is located at 600 22nd Street in Virginia Beach. I am no longer employed by TowneBank, and I am not personally providing services to this applicant on behalf of TowneBank. Although I am able to participate in this transaction fairly and in the public interest, as provided by Virginia Code Section 2.2-3115(I), I am nonetheless electing to abstain from this vote. Please record this declaration in the official records of the City Council. Thank you for your assistance. Sincerely, / C William D. Sessoms Mayor WDS/RRI 89 ITEM V-K APPOINTMENTS ITEM#68013 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY and MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD April 17, 2018 90 ITEM V-K APPOINTMENTS ITEM#68014 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: WILLIAM"BILLY" VAUGHAN Ex-Officio April 17, 2018—September 30, 2020 BIKEWAYS and TRAILS 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 April 17, 2018 91 ITEM V-K APPOINTMENTS ITEM#68015 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: LAURIE SHAW Unexpired term thru 01/31/2020 COMMUNITY POLICY AND MANAGEMENT TEAM 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 April 17, 2018 92 ITEM V-K APPOINTMENTS ITEM#68016 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JESSICA ABBOTT No term PROCESS IMPROVEMENT STEERING 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 April 17, 2018 93 ITEM V-K APPOINTMENTS ITEM#68017 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: BEATRIZAMBERMAN Two year term 04/17/2018—03/31/2020 SENIOR SERVICES OF SOUTHEASTERN VIRGINIA 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 April 17, 2018 94 Item -V-N ADJOURNMENT ITEM#68018 William D. Sessoms,Jr., DECLARED the City Council ADJOURNED at 7:39 P.M. p / A¶anda Barnes, 11 IC City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia April 17, 2018