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VIRGINIA BEACH W CITY COUNCIL
Virginia Beach, Virginia
July 10, 2018
Mayor •uis R. Jones called to order the City Council's Briefing in the City Council Conference Room,
Tuesday July 10, 2018, at 2:00 P.M
Council ' embers Present:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara
M. Henley, Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,
John E. Uhrin, Rosemary Wilson, and Vice Mayor James L. Wood
Council Members Absent:
None
2
CITY COUNCIL'S BRIEFING
SHORT TERM RENTAL DISCUSSION
ITEM#68280
2:03 P.M.
Mayor Jones welcomed members of Council and began by reading the letter summarizing the previous
discussi o n of short term rentals prepared by City Attorney, Mark Stiles, dated July 6, 2018 which is
attache' hereto and made a part of the record.
Mayor Jones then led the discussion on the, "Issues Still to be Addressed"concerning "Applicable
Regulations"and requested a round table discussion to determine a consensus of each item. The
following applicable regulations were discussed with a majority in favor of each:
-Shou d these regulations be contained in the City Zoning Ordinance or Chapter 15 of the City Code?
Th regulations shall be contained in the City Zoning Ordinance.
-Shou d the ordinance require all STRs to post summaries of applicable City regulations?
-Shou d all STR's be required to maintain$1,000,000 of insurance coverage applicable to the STR
ac ivity?
-Shou d the Ordinance prohibit STRs from having amplified noise between 10:00 p.m. and 10:00 a.m.?
-Shou d the Ordinance explicitly require that trash be placed in automated bins(with private Saturday
pi.k-up in Sandbridge)?
-Shou d the Ordinance require that a point of contact be identified who can be present at the STR
wi hin 30 minutes? This was modified to property owner or the property owner's agent for the STR,
re•ponds within 30 minutes.
-Shou d the Ordinance provide that a Special Events permit must be obtained for any event with an
at -ndance of 100, with a limit of 3 permits per property per year?
-Shou d the Ordinance provide that a sign of up to 4 square feet be permitted at each property?
-Shou d the Ordinance require a fire extinguisher and(where natural gas service is present)carbon
monoxide detectors be installed in each STR? This was modified to; to the extent permissible under
st'.te law, the ordinance shall require interconnected smoke detectors (may be wireless), a fire
ex,inguisher and, where natural gas service is present, carbon monoxide detectors be installed in
ea h STR.
-Shou d registration and the payment of Transient Occupancy Tax be required?
Mayor Jo nes concluded the discussion in order to allow time for the remaining briefs.
July 10, 2018
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MARK D.STILES
MUNICIPAL CENTER,BUILDING 1
CITY ATTORNEY 2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9004
(757)385-4531
FAX(757)385-5687
TTY:711
July 6, 2018
May r Louis R. Jones
Me bers of City Council
Muni ipal Center
2401 Courthouse Drive
Virgi is Beach, VA 23456
Re: Short Term Rentals
Dear Mayor Jones and Councilmembers:
I sent a letter to you on June 29, 2018 listing the result of the straw polls on Short
Term Rentals ("STR") taken on June 26, and those items for which resolution was still
need d. On July 3, the Council had additional discussion and expressed its direction on
additi nal items. This letter summarizes the results of the council discussion to date(June
26th nd July 3rd), and again lists items that remain for discussion/direction. Guidance
provi ed on July 3 is underlined and italicized for ease of reference.
Direction Given to Date:
• Home sharing will be a principal ("by right") use throughout the City conditioned
only upon registration with the Commissioner of the Revenue (COR) and payment
of applicable Transient Occupancy Taxes (TOT).
• Short term rentals will be a principal use only in designated overlay or zoning
districts. Outside of those districts, a STR will require a Conditional Use Permit
("CUP").
o Note: The City must permit short term rentals as a principal/by right
use in the area defined by the Sandbridge SSD boundary pursuant
to legislation enacted by the General Assembly earlier this year.
• All CUP's would include an expiration date that is two years from the date of
adoption. The process for renewal of the CUP will be administrative and performed
Mayos Louis R. Jones
Memlbers of City Council
Short Term Rentals
July 6, 2018
Page 2 of 4
by the Planning Department; however, the Planning Department shall notify the
City Council in writing prior to the renewal of any CUP for an STR, where the STR
has been the subject of neighborhood complaints or code violations.
• Grandfathering: All existing Home Shares and STR's (as evidenced by registration
with the COR and payment of applicable TOT)will be allowed to continue.
o The date for determining when a property has qualified for grandfathering
will be July 1, 2018.
o Any future alteration (or cumulative alterations) that expand the overall
square footage of the residential structure utilized as an STR by more than
25% or 1,000 square feet, whichever is less, would terminate the
grandfathered status.
o The grandfathered status shall run with the land but shall expire if the
property is not registered for STR use for more than two consecutive years.
Issues Still to be Addressed:
1. Applicable Regulations
• Should these regulations be contained in the City Zoning Ordinance or
Chapter 15 of the City Code?
Should the ordinance require all STRs to post summaries of applicable City
regulations?
Should all STRs be required to maintain $1,000,000 of insurance coverage
applicable to the STR activity?
• Should the ordinance prohibit STRs from having amplified noise between
10:00 p.m. and 10:00 a.m.?
• Should the ordinance explicitly require that trash be placed in automated
bins (with private Saturday pick-up in Sandbridge)?
• Should the ordinance require that a point of contact be identified who can
be present at the STR within 30 minutes?
• Should the ordinance provide that a Special Events permit must be obtained
for any event with an attendance of over 50 people and with a maximum
attendance of 100, with a limit of 3 permits per property per year?
• Should the ordinance provide that a sign of up to 4 square feet be permitted
at each property?
May.r Louis R. Jones
Me bers of City Council
Sho Term Rentals
July •, 2018
3of4
• Should the ordinance require a fire extinguisher and (where natural gas
service is present) carbon monoxide detectors be installed in each STR?
• Should registration and the payment of TOT be required?
• What should be the maximum occupancy of the STR?
o 2 per bedroom +2 or 3 per bedroom +2 or other
• What should be the permissible number of rental contracts per consecutive
7 day period?
o No limit or 1 or 2 or multi-family (2) vs. single family(1) distinction
• What parking requirements should be imposed?
o Must all guests be able to park onsite or is off-site parking permitted?
o Is any onsite parking requirement based on number of bedrooms or
the overall size of the STR or some other factor?
o Should the operator be required to submit to the City a parking plan?
2. Initial Overlays.
Does the City Council wish to create additional overlays (other than in Sandbridge) at
the time of the enactment of the STR ordinance?
Note: This issue was discussed at length but no final determination was
made. Council indicated a desire to examine the regulations to be
applicable to the STR activity before deciding this issue.
If yes, the following areas have been mentioned as being potential areas where
STRs might be permitted by right. Does the Council wish to identify any of these
areas as allowing STRs by right in the initial STR ordinance?
• North End Overlay District
• Oceanfront Resort District
• Ocean Park
• Cape Henry/Cape Story
• Croatan
• 42nd to 49th Street area
• Old Beach Overlay
• Lakewood Community
• Pinewood Community
Mayo Louis R. Jones
Memrs of City Council
Short Term Rentals
July 6, 2018
Page 4 of 4
3. Future Overlays
What will be the process for the future consideration of proposed STR overlays by
th- Council?
• Traditional zoning process vs. "SSD" type process vs. other
Note: This issue was discussed at length but no final determination was made.
Council indicated a desire to examine the regulations to be applicable to the STR
activity before deciding this issue.
Please contact me if I can provide additional information or assist you in any way.
Sincerely,
Mark D. Stiles
City Attorney's Office
cc: David L. Hansen, City Manager
Barry Frankenfield, Planning
Kevin Kemp, Planning
3
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR REPORT
ITEM#68281
3:15 P.M.
Mayor ones welcomed Chief James A. Cervera. Chief Cervera expressed his appreciation to the City
Council or their continued support:
Virginia Beach Police Department
CompStat Report
2018 Update
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Police departments are not a cost. They are a
investment in the future
Here is o n Overview of Part I Crime Statistics between January 1 and June 30, 2018 with the preliminary
clearan • rate of 32%:
Virginia Beach Police Department
PART I CRIME STATISTICS
January 1 to June 30
Preliminars
Jan I to Jan 1 to Total total Percent Percent
Jun 30 Jun 30 Percent Clearances Clearances Cleared Cleared
Tspc 2017 2018 Change 2017 2018 2017 2018
Homicide 11 7 -36.4% 7 9 63.6 129.6
Rape 85 61 -28.2% 68 39 80.0% 63.9%
Robbery 1J 3 95 -34.0% 71 59 49.3% 62.1%
A••ravated Assault 1 165 24.1% 109 126 82.0°/. 76.4%
Burglary X78 247 .34.7% 79 20.9% 29.1%
Larceny 3.532 3.081 -12.8% 850 873 24.1% 28.3%
Motor Vehick Theft 169 21x 29.0% 47 54 27.8°/, 24.8%
Arson 16 -36.0% 5 12 20.0% 75.0%
111•1101MMI®IMITIIIIIIIIMEM111111121
Date 117 03 201,
Source:UCR Part I Crime Reports.
July 10, 2018
4
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR REPORT
ITEM#68281
(Continued)
The maj r rity of aggravated assaults are non-domestic:
Aggravated Assaults
January 1 to June 30,2018
a
90%of •pes that occurred were committed by someone the victim knew:
Rape
Victim to Offender Relationship
January 1 to June 30,2018
Stn nger
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July 10, 2018
5
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR REPORT
ITEM#68281
(Continued)
Of the larceny cases, theft from a vehicle has the highest number with 81 firearms stolen from 69
vehicles.
Larceny
January 1 to June 30
141/
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'8i firearms stolen from 69 different motor vehicle larcenies
This ma• depicts higher crime in Zones 225 and 227 within the (Oceanfront area)and Zone 326(Western
Bayside •rea):
Mamvl my 1 wbr oeroxy t�� "
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1 .301•
Preliminary
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July 10, 2018
6
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR REPORT
ITEM#68281
(Continued)
This ma i depicts an Overview of the Robbery Density. The highest number is the South Rosemont and
Holland 'oad area with a large number of multi family dwellings. Chief Cervera noted that robberies
are dow from the previous six(6)months:
z
Robbery Density y
January 1 to June mR
,20111 ��i ����� "?
Preliminaryy
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Residential Burglary Density. The highest number beingin the
This ma�� depicts of an Overview of the g ry ty g
Lynnhav-n Corridor:
Residential Burglary Density M J+.E
January 1 to June 30,201• /�.�141 dilligtt
Preliminaryi
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July 10, 2018
7
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR REPORT
ITEM#68281
(Continued)
Here is an Overview of Offenses Where Victim Was Shot. Of the thirteen (13) cases at the Oceanfront, six
(6)occurred on July 4``'349 guns have been collected as evidence since January 1, 2018:
Offenses Where Victim was Shot
January 1,2018-July 5,2018
Pre l imina n
Citywide Exc.
Oceanfront Oceanfront Study
Offense Description Study Area Area Total
Homicide-Victim Shot 0 6 6
Aggravated Assauk-Victim Shot 13 12 25
Total: 13 18 31
Oceanfront Study Area is oceanfront to Arctic Ace.from Rudee Inlet to 40th St.
Total Guns Collected as Evidence January 1,2018-July 5,2018:349
Here is an Overview of Violent Crime at the Oceanfront which includes data from the July 4th holiday:
Violent Crime At Oceanfront
January 1 to July 5
Preliminan
Jan 1- Jan I-
Jul5 .1ul5 Percent
Type 2017 2018 Change
Homicide 0 0 0.0%
Rape 8 7 -12.5%
Robbery 12 2 -83.3%
A• •vated Assault 14 23 64.3%
Violent 34 32
Date:07/05/2018
Source:PISTOLDSS
Oceanfront Study Area is oceanfront to Arctic Ave.from Rudee Inlet to 40th St.
July 10, 2018
8
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR REPORT
ITEM#68281
(Continued)
Here is on comparison of adult and juvenile arrests. Juvenile arrests down 14.3%:
Total of Adults ad Javeies Arrested
Jimmy I to Jane 30,2018
Adults.4ra.nd Jutenila.Arra-stall
Jaul- Jaul- Jml- Janl- Jut- Jan I-
Jun 311. Juu 311. Put-cunt Jun 40, Jun 10, r,,,,,nt Jun 30. Jun 30. Pcrccnt
(In.ifittnnn 1111' 2111X Ountur 20l' 201W ('baoX. 2111' 211111 1bang.
Crown'Homed,
AluNer and Non-Nog Uncut Manslaughter 10 13 30,0% 1 0 -100.0% II 13 18.2%
Manslaughter by Negsgence 1 0 -100.% 0 0 0.1 I 0 -100.1
Forensic Rape 31 I9 -38.7% 3 7 133. 34 26 -233%
Robbery 57 42 -263% 19 16 -15.: 76 58 .33.7%
Agg®,ated A ssaut 83 76 44% 4 5 25.1 87 81 -69%
lary 36 34 -06% 29 6 -79.3% 65 40 -385%
Isrteny-Tbeft 489 462 -5.5% 126 92 -27.1 615 554 -9.9%
Auto Theft 19 20 53. 6 7 16 25 27 &0K
suntan Assault 1.172 1,142 -26% 123 134 8.9% 1,295 1276 -I_
R'ewpons{Carty.Possess 140 150 7.1% 9 9 0.1 149 159 67%
Dnvrag Under the Influence 910 1.33 139. 2 0 -131.0'. 912 1,033 13.3%
1 13% 322 274 443% • 41
Sou,,,.Plstol(ntform(-me Report arrest Re pons
The Fir- and EMS Departments will join Police in conducting Citizen Surveys for the first time as part of
Community Policing Efforts:
"Strong Communities Make Police Obsolete"
Community Policing Efforts
2018 Neighborhood Survey Dates
Date Neighborhood
July 25th Manchester Village Area,The Oaks,
Scarborough Square
August 1st Emerald PointNVashington Square,
Atlantis Apartments,Hill Meadow
August 15th Northridge,Lake Edward
August 22nd Green Run,Pecan Gardens
July 10, 2018
9
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR REPORT
ITEM#68281
(Continued)
Here is •n Overview of the Citizen Contacts made in the past six(6)months:
Citizen Contacts
January 1 -
June 30,
Citizen Contacts 2018
Total Calls for Service(preliminary) 84,993
UCR Adult Arrests 8,320
UCR Juvenile Arrests 539
Total UCR Arrests 8,859
Total Field Contacts 3,862
Total Uniform Patrol Traffic Stops(preliminary) 34,798
All Moving Violations 10,075
All Non-Moving Violations 9,040
Total Violations 19115 „
Here is i n Overview of the Total Uses of Force:
Total Uses of Force
• From January i to June 30th,there have been 293 UOF
events-a 16%decrease from 2017 at this same time.
• 6o%of all force used was hands-on or control
techniques
• 16%involved pointing patrol carbines during search
warrant operations*
• During 13 UOF encounters,officers were confronted by
armed subjects yet were able to de-escalate and take
the subject(s) into custody without incident.
July 10, 2018
10
CITY MANAGER'S BRIEFINGS
POLICE DEPARTMENT MID-YEAR REPORT
ITEM#68281
(Continued)
A press elease is scheduled in two (2)weeks for the implementation of Body Worn Cameras:
plgll
Leaning Foreword
• Gun Interdictions
• Body Worn Camera Deployments
• Fourth Precinct Building Construction
Questions?
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th Os _ __, _
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Mayor Je nes expressed his appreciation to the entire Police Department for their dedication to the City
and to C ief Cervera for the informative presentation.
July 10, 2018
11
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
3:39 P.M.
Mayor 'nes welcomed Andrew M Friedman, Director—Housing and Neighborhood Preservation. Mr.
Fried s, expressed his appreciation to the City Council for their continued support:
Opening & Operating the Virginia Beach
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Housing Resource Center NB =i
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Housing
City Council Briefing-July 10,2018 I1ousing& -1/ l''-"r.Resource
Neighborhood Center
Andrew Friedman,Director
Preservation
Ruth Hill,Homeless Services/Housing Resource Center Administrator
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The next two slides are pictures of the Housing Resource Center scheduled to open in September:
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July 10, 2018
12
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
(Continued)
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Here ars the Schedule&Key Dates:
Schedule & Key Dates
• Certificate of Occupancy: Projected Aug. 3
• Staff move-in: Beginning Aug. 3
• Building dedication and ribbon-cutting: Aug. 23
• Providers move in: Beginning Aug. 27
• Participants move in: Sept. 6
• Lighthouse Center closes: Aug. 31
• All services open to community: Sept. 10
July 10, 2018
13
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
(Continued)
Here is e Building Team for the Housing Resource Center:
Building Team
. - r•. Karen Prochilo, Maureen McElfresh, Architect
DHNP Project Manager Waller, Todd and Sadler
Everett Herndon, Kevin SB Ballard Construction
Jensen, Tim Oliver - Public Company
Works
Here is •n Overview of Our Approach to Operating the Building&Providing Services:
Our Approach to Operating the
Building & Providing Services
The City should:
• Facilitate or help to fund services at the Housing Resource Center
and in the community system
• Step in to fill gaps where there is not a willing/capable provider
• Use competitive proposal process to select service providers for
the center in order to get the best value
• Contract out the management of key building processes on a
competitive basis
July 10, 2018
14
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
(Continued)
Here is n Overview of the Process to Obtain Providers:
Our Process to Obtain Providers
Process Outcome/Status
Non-competitive award for Family Interim Awarded to Samaritan House to preserve
Housing their$85,000 federal grant and bring that
revenue to support services at the center
RFP for Operations&Maintenance(including Awarded to ABM,Inc.
janitorial,maintenance,food services,
security and interior pest control)
RFP for Day Services(as previously Awarded to Judeo-Christian Outreach Center
operated at the Lighthouse Center) (JCOC)
RFP Singles Shelter Awarded to Judeo-Christian Outreach Center
(JCOC)
RFP for Clinic Awarded to Southeastern Virginia Health
System
RFP for Apartment Operations Awarded to Virginia Supportive Housing
Here is t e HRC Organizational Chart:
HRC Organizational Chart
DHNP HSD
Ruth Hill,HRC Elizabeth Batista-
Administrator Boone,HSD Site
Administrator
• Integrated
Services Team
Pam Shine, Erin Walker, Larrie Jones, Diane Hotaling, • Child Welfare
Grant&Resource Prevention
Homeless Systems 0&M volunteer& • Employment
Manager Development Specialist Community Outreach Seics
Coordinator Coordinator
• Financial
Assistance
- Path
• Behavioral
health
Coors. Prevention Outreach& Sery ce ABM, HRC
Asscssmcnt &Diversion Engagement prov.deservice Inc. Volunteers
July 10, 2018
15
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
(Continued)
Mr. Fri-•man turned the brief over to Ms. Hill, the HRC Administrator, who introduced the HRC Team:
Meet the HRC Family:
DHNP — Overall Building &
Homeless Services Management
• Overall building
managementR�ih N`\\, pam Shin Stem
through operations Astrat0r e`essSV
contract •dropii„
Adm H°mMana9er
• Oversight of
operations and �t
maintenance
contractor
• Coordination of all
providers and rr�e�o�es' t eN°taUm ,,
operations &M SPeclahs Dia enco�,a�°`
• Integration of .. out"
services with HSD
Here arc. the Department of Housing and Neighborhood Preservation Team Leads:
Meet the HRC Family:
DHNP — Team Leads SGoOr
ealnated
• Walk-ins and hotline referrals AsSessme°
• Outreach, intake, assessment and referrals
• Management of housing vacancy and
prioritization lists t �enk�ns,
• Preventing people from becoming homeless �� �prD1eer so
41
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aren
irea- ent
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July 10, 2018
16
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
(Continued)
The Dep•rtment of Human Services will have six(6)Managers to provide the services listed:
Meet the HRC Family:
Dept. of Human
Services - Management
Staff Elizabeth 8s,te
Adm�r,Strz<°r
• Integrated Services Team
• Child Welfare Prevention
• Employment Services
• Financial Assistance
• PATH
• Behavioral Health
Here ars the staff members from the Judeo Christian Outreach Center:
Meet the HRC Family:
JCOC - Day Services &
Singles Shelter Provider
• Day services: showers,laundry,mail,housing- 1°ExeW t'e
focused engagement,outreach; opportunity t�uutt pi,rector
for breakfast and/or lunch a
• Singles Shelter: 49 shelter beds
°\e�°,(tore.
AM. Nu•c Emec9e�s
SeN
July 10, 2018
17
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
(Continued)
Here ar: the staff members from the Samaritan House:
Meet the HRC Family:
Samaritan House —
Family Interim Housing pOKs.
• 10 motel-style family units(40 beds) StedVN°Rmess
pa pro9ra of
• Housing focused case management 'V soot',
e
Npdspes� 2
Here ara the staff members from Virginia Supportive Housing:
Meet the HRC Family:
Virginia SupportiveIA W„9oefftPoo9am5
Housing — Permanent ofC
Housing
• 29 studio apartments
9support services !!' pef StBServ`�es
• Housing-stabilization ort��e
f�a S0PPSupervrsot
-
' StonvVsen;0'
Ao tisk/ Brooks, ana9er
Tearmistrati� r propertl M
Richrryond
July 10, 2018
18
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
(Continued)
Here ars the staff members from the Southeastern Virginia Health System—Health Clinic that will start
part-tim. in September:
Meet the HRC Family:
Southeastern Virginia
Health System - Health
040.3 o�e\\
Clinic
• Start part-time ' f
• Comprehensive primary care health services
for adults and children
• Services will be open to members of the public
with the following prioritization:
o Housing
o Medically Center clients
underservedva\aaGoo ch
o Community at-large
Here ar- the staff members from ABM, Inc. They will oversee the day-to-day Operations&Maintenance:
Meet the HRC Family:
ABM, Inc. - Operations
& Maintenance
410V1.e
• Operations ore'\Mavog
• Maintenance w���d�^9
• Custodial
• Linens
Sub-Contractors
• Food services-Culinary Services Group
• Security-Dunbar
• Pest Control- Dodson
5\0\1"s'
J a�9�9cee5
scott
July 10, 2018
19
CITY MANAGER'S BRIEFINGS
HOUSING RESOURCE CENTER UPDATE
ITEM#68282
(Continued)
Here is the Continued Engagement& Coordination taking place:
Continued Engagement & Coordination
"HRC Engage" "Transition Coalition"
• Open forum for residents and • Engaging service providers at
businesses near HRC the oceanfront to help
determine how their services
• Bi-monthly meetings and can be changed and/or
email communications provided at the HRC
Ms. Hill oncluded her presentation with an invitation to all City Council Members to attend the Ribbon
Cutting i eremony on August 23, 2018 at 10 A.M.
1 Housing
Resource
Thank you ! Center
sane the gate
Resource
Center
v;.gr�e Brun/
Thursday,August 23,2018
Your questions and comments. 10:00 a.m.
19
Mayor Jones expressed his appreciation to Mr. Friedman, Ms. Hill, all who all those in attendance today
for their and work and dedication to the Housing Resource Center.
July 10, 2018
20
CITY MANAGER'S BRIEFINGS
SPORTS CENTER COMPREHENSIVE AGREEMENT
ITEM#68283
3:59 P.M.
Mayor Janes welcomed Ronald H. Williams,Jr., Deputy City Manager. Mr. Williams expressed his
appreciation to the City Council for their continued support:
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Virginia Beach City Council
Sports Center PPEA Comprehensive Agreement Briefing
Ron Williams, Deputy City Manager
July 10, 2018
Here is an Overview of the Ordinance to Transfer CIP Funds to Align with Comprehensive Agreement:
Ordinance to Transfer CIP Funds to
Align with Comprehensive Agreement
Authorize transfer of$3,500,000 from CIP project# 9-053 (Dome Site Entertainment Venue)to CIP
project#9-045 (Central Beach and Convention Districts Parking).This transfer does not increase the
total CIP budget appropriation nor does it change our borrowing capacity. It also does not delay or
impede our ability to negotiate terms for the Dome Site development.
FY19 Approved Amounts
Project# Title FY19 FY20 Total
9045000 Central Beach&Convention Districts Parking $7,000,000 $45,000,000 $52,000,000
9053000 Dome Site Entertainment Venue $5,000,000 $25,000,000 $30,000,000
FY19 Amended with Transfers
Project# Title FY19 FY20 Total
9045000 Central Beach&Convention Districts Parking $10,500,000 $41,500,000 $52,000,000
9053000 Dome Site Entertainment Venue $1,500,000 $28,500,000 $30,000,000
July 10, 2018
21
CITY MANAGER'S BRIEFINGS
SPORTS CENTER COMPREHENSIVE AGREEMENT
ITEM#68283
(Continued)
Here is an Overview of the Resolution Authorizing PPEA Design-Build Comprehensive Agreement:
Resolution Authorizing
PPEA Design-Build Comprehensive Agreement
Summary of Terms
Sports Center Total $57,776,725
Parking Total $10,365,322
Total Project Cost $68,141,047
Construction Start August 2018
Final Completion November 2020
Here is an Overview of the expected events at the Sports Center between years 3 and 5:
Estimates NEW AND EXSISTING Combined Courts&Track(YEAR 31
• 62 events
• 280,069 Total Attendance
• 155,849 Estimated Room Nights
• $95,941,368 Direct Spend
• $4,592,351 Local Taxes
Net NEW Business Combined Courts&Track(YEAR 31
• 43 Events
• 140,149 Total Attendance
• 90,899 Estimated Room Nights
• $55,468,617 Direct Spend
• $2,682,013 Local Taxes
Net NEW Business Combined Courts&Track(YEAR 51
• 68 events
• 225,371 Total attendance
• 135,542 Estimated room nights
• $82,846,032 Direct Spend
• $4,224,751 Local Taxes
July 10, 2018
22
CITY MANAGER'S BRIEFINGS
SPORTS CENTER COMPREHENSIVE AGREEMENT
ITEM#68283
(Continued)
Here is an Overview of estimated revenue and benefits to the City at the five(5)year mark:
Net New Local Tax City General TIP Fund TAP Fund Open Space Total
Breakdown(Year 5) Fund/Schools Fund
Sales Tax $838,968 --- $838,968
Bed Tax $416,492 $1,041,229 $208,246 $1,665,967
per room charge* $138,831 $138,831 $277,661
Restaurant $708,961 $214,714 $101,280 $89,126 $1,114,081
other** $328,074 -_- $328,074
Total $2,292,494 $1,394,774 $448,356 $89,126 $4,224,751
*A small amount of the per room charge in the TAP fund column would actually be posted to the Sandbridge Fund
••Fees,fines,inspections and business licenses
Comments or Questions?
Mayor Jones expressed his appreciation to Mr. Williams for the presentation.
July 10, 2018
23
CITY MANAGER'S BRIEFINGS
PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL
ITEM#68284
4:03 PM
Mayor ones welcomed Steven R. Cover, Deputy City Manager. Mr. Cover expressed his appreciation to
the City ouncil for their continued support:
PROPOSAL TO ADDRESS '
PUBLIC SAFETY VERTICAL SALARY
COMPRESSION \ �'
Steven R.Cover
Deputy City Manager
Here ars the City Manager's Workgroup Members,Mr. Cover serving as Lead:
CITY MANAGER'S WORK GROUP
• Goal: Identify"rules of engagement" for a draft
policy
• Lead: Steven R. Cover, DCM
• Members:
• James Cervera, Police Chief
• David Hutcheson,Fire Chief
• Edward Brazle, EMS Chief
• Stephen Williams,Director of ECCS
• Regina Hilliard,Director of Human Resources
• William Edwards,Manager of HR/Staffing&Compensation
• Monica Kopin,Human Resources Coordinator
• Jonathan Hobbs,Administrator Budget&Mgmt Services
July 10, 2018
24
CITY MANAGER'S BRIEFINGS
PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL
ITEM#68284
(Continued)
Here is ,n Overview of the Work Group Project Milestones:
WORK GROUP PROJECT MILESTONES
• Three milestones were provided to the work group:
• June 30,2018-Recommendations to address vertical
compression among public safety employees
• October 1,2018-Recommendations for public safety pay
system provided to MLT
• January 2019-Recommendations for horizontal
compression
Below a e the costs using the methodology focused on determining the highest salary within the lower
rank, wi,h the goal of moving the supervisory salary to $1 above the lower rank personnel:
110W WE GOT HERE: EFFORTS TO
ADDRESS
Public Safety vertical salary compression
methodology: ensure supervisors have higher salary
than lower rank personnel
• 2006:$3.7 million
• 2007:$3.45 million
• 2013:$416,000
• 2016:$481,000
• 2017:$642,000
Note:some horizontal costs were included while addressing vertical comgession 2006//2007
July 10, 2018
25
CITY MANAGER'S BRIEFINGS
PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL
ITEM#68284
(Continued)
VERTICAL COMPRESSION USING PRIOR
METHODOLOGY
• 59 sworn supervisors are compressed by those in
lower pay levels.
• Police: 14
• Fire: 27
• EMS: 10
• Sheriff: 5
• ECCS: 3
• The approximate cost of addressing:$548,400
Here ars.the concerns with using the prior methodology for Vertical Compression:
VERTICAL COMPRESSION USING PRIOR
METHODOLOGY
Concerns:
• This method would address salary compression only for the
present time:the next promotion could cause vertical salary
compression to recur.
• The supervisor received the compression adjustment even if the
lower rank personnel had a special skill(i.e.,medic)that the
supervisor did not.
• No recognition of the value of tenure in lower rank personnel in
comparison to new supervisor
• Costly to maintain
July 10, 2018
26
CITY MANAGER'S BRIEFINGS
PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL
ITEM#68284
(Continued)
Below a e the costs of using the Work Group Methodology:
VERTICAL COMPRESSION USING
WORK GROUP METHODOLOGY
• 43 sworn supervisors are compressed by those in
lower pay levels
• Police: 10
• Fire: 15
• EMS: 10
• Sheriff: 5
• ECCS: 3
• The approximate cost of addressing: $173,000
Here is t'e City Manager's Work Group Proposal:
CITY MANAGER'S WORK GROUP
PROPOSAL
• Ensure public safety supervisors reach the
midpoint of their assigned pay range within
three years following promotion to
supervisory title
• City Council-approved merit increases will
be used to continue moving supervisor from
midpoint to maximum of pay range
July 10, 2018
27
CITY MANAGER'S BRIEFINGS
PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL
ITEM#68284
(Continued)
Here arz some of the advantages of the City Manager's Work Group Proposal:
CITY MANAGER'S WORK GROUP
PROPOSAL
• Advantages of proposal:
• Focuses on the supervisor's position on the pay range rather
than the salary of subordinates
• Provides clarity to public safety personnel,the City
Manager,and City Council
• Accepts that employees may have a higher salary than
supervisors for a brief period of time(typically 5 years
maximum)
• Provides a level of predictability desired by public safety
personnel
• Pay adjustments use available resources responsibly
• Sustainable in the long term
Here ar: the some of the challenges of that same Proposal:
CITY MANAGER'S WORK GROUP
PROPOSAL
• Challenges/Feedback on the proposal:
• Success of the proposal is dependent on continued funding
• May not be applicable to non-public safety personnel.
• It's a change from how we've been doing it.
• Remaining Issues to address:
Specialty pay(stipends)
Horizontal compression
• The rest of the City workforce
• Communication Issues:
Tight timeline-Council to see proposal first
Employees input
• Compression-Has occurred over many years-It will be
difficult to fix in one year
July 10, 2018
28
CITY MANAGER'S BRIEFINGS
PUBLIC SAFETY VERTICAL PAY COMPRESSION PROPOSAL
ITEM#68284
(Continued)
QUESTIONS?
1111111111111111.1111111111111
Mayor ones expressed his appreciation to Mr. Cover for the presentation.
July 10, 2018
29
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
4:30 PM
Mayor J'nes welcomed Carolyn Smith, Planning Administrator and Jimmy McNamara, City Planner.
Mrs. Sm th thanked expressed her appreciation to the City Council for their continued support:
Ciry of
Virginia Beach
Planning Items
August 7th & 21st
`!. City Council Meetings
There at-- ten (10)Planning Items scheduled for August 7`'':
SUMMARY — August 7th
10 Planning items tentatively scheduled for City Council's consideration
All items are tentatively scheduled pending the results of the July 11T"Planning Commission Public Hearing
1. Nathan Hinch Waicunas—Kempsville District
• Conditional Use Permit(Home Occupation-Retail Sales) r�M•
Bry�Me,/LYn�fuv�n
2. Brittany Primmer—Centerville District
• Conditional Use Permit(Family Day-Care Home)
3. H&S Development Group,LLC—Beach District I
• Conditional Use Permit(Communication Tower) Kwapsvtas
4. Vision,Inc.—Kempsville District
L, /"-
• Subdivision Variance(Section 4.4(b)) ( !•�lam, 1. . •
5. Christopher Stankus—Princess Anne District
• Conditional Use Permit(Commercial Kernel)n
Princess Anna � �'"'�•'��
I � �
July 10, 2018
30
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
SUMMARY — August 7th
10 Planning items tentatively scheduled for City Council's consideration
All items are tentatively scheduled pending the results of the July 11°'Planning Commission Public Hearing
6. Edith Monroe—Bayside District s1� . f
• Conditional Use Permit(Family Day Care Home) req•a.� zynnMx.n r�
7. Donna C.Denham—Kempsville District }�( t
• Conditional Use Permit(Family Day-Care Home) i / t
8. Princess Anne Hotel,LLC—Princess Anne District ^-,/",_ '—t.y,_
• Conditional Rezoning(B-2 Community Business to Conditional /Nsmpav11N/y .,w / R"`"
B-4 Mixed Use) I ! _ / 1
�_ R N.11
9. HO dDicAaswn of Prnffershville ,LLC—Princess Anne District .�f: � j_•
10.Edgar Cayce's A.R.E. ,� ---,�_
• Roadside Guide Sign ,
•••• �\
r
Nathan Hinch Waicunas Agenda Item
Council District Kempsville
Location 1332 Stringfellow Court
as
R 15
'h
lq
a .M��y�.i
/ a e \,t+ s� se°Il
h.* 1i? '.4J
Conditional Use Permit(Home Occupation—Retail Sales)
Staff recommends Approval
July 10, 2018
31
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Nathan Hinch Waicunas
s L • 1,-
- - -'�� • In the process of obtaining a Federal Firearms
License
1,34
9•41 • Sales by appointment only
• No general sales of firearms
• No more than five transactions per month
Brittany Primmer Agenda Item
Council District Centerville
Location 1001 Eagle Point Drive 2
,. .„ ..
, , ..... 7 ,, , __
//r
l/
k fir , t.•w' , �I
{
4
= y r cr^ ;1.[tp
R.75
t- ,,c,
Conditional Use Permit(Family Day-Care Home)
Staff recommends Approval
July 10, 2018
32
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Brittany Primmer
44414
r
• Proposes to care for up to 12 children fd
• Enclosed backyard for children to play
• Typical hours of operation from 5:00 a .to 6:30 p.m.
H & S Development Group, LLC Agenda Item
Council District Beach
Location 1236 Prosperity Road 3
4 "11 • - c44.17 /
444,;art . „ ' '
Conditional Use Permit(Communication Tower)
Staff recommends Approval
July 10, 2018
33
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
H&S Development Group,LLC
I`rrf t, 44.11, —�
•l l: ( t.� NAF:
I �F / ilii •119,
Z ,5 `FII
� ` II ii
+j� ' { as* x�SSW ,I • 10,000 square feet of leased space behind the
` q,
! ...,== Elks Lodge
r
a '
y`__'.p lit ' ! II
.�. '
rTotal height of 159 feet
aYl9\
a� • Access through a 15-foot wide easement
_izi
Vision, Inc. Agenda Item
Council District Kempsville
Location 5558 Daniel Smith Road 4
,,,..,,,, ,
'-'4--, . 17-----,.// ,,-6 7 i
40401
r # c
Subdivision Variance(Section 4,4(b)of the Subdivision Regulations)
Staff recommends Approval
July 10, 2018
34
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Vision,Inc.
d /,
% fr
- -- E _ i
urxw O _ \\ •fir 1 1
Lat
f
• Property zoned R-7.5,requiring 75 feet of lot width J.1 —i;'
. 11(111_
• Lots proposed with 66.17 feet of a lot width 1 ! t -J
it
r _'
• Lots proposed with nearly 21,000 square feet(7,500 square feet required)
• Single-family dwelling proposed for each of the lots
Christopher Stankus Agenda Item
Council District Princess Anne
Location 3612 West Neck Road 5
. ,�,. tr
ma. _ y} KI k, ,
I loo
lir - s , __ ,
Conditional Use Permit(Commercial Kennel)
Staff recommends Approval
July 10, 2018
35
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Christopher Stankus
al
•
• Up to 12 dogs to be trained to assist veterans
with disabilities
1t1
• Dogs kept indoors within a heated/air-
conditioned building onsite when not being
trained(6:00 p.m.to 7:00 a.m.)
Edith Monroe Agenda Item
Council District Bayside
Location 164 Onondaga Road 6
�\ R/
R 7
Conditional Use Permit(Family Day-Care Home)
Staff recommends Approval
July 10, 2018
36
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Edith Monroe
' — ---:- - ' --/- ;..T1 .1114
• Proposes to care for up to 12 children
• Enclosed back yard for the children to play
• Typical hours between 6:00 a .and 6:00 p m
Donna C. Denham Agenda Item
Council District Kempsville
Location 965 Edwin Drive 7
-, ,. , ,, . -' C Rao
'Pt* •' ' *if;
-.,.
,. RIO
4
. .
a • „ ar a i'�.v�J)
4A - d RIO
Ai4
Conditional Use Permit(Family Day-Care Home)
Staff recommends Approval
July 10, 2018
37
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Donna C.Denham
•
§k
t t s
C, ter.
• Proposes to care for up to 12 children
• Enclosed back yard for the children to play
• Typical hours between 7:00 a .and 6:00 p.m.
Princess Anne Hotel, LLC Agenda Item
Council District Princess Anne
Location Northeast corner of Princess Anne Road&Community College Plac8
e
WVresr-7914 ASMQ"0
:�p�����ttoY
Conditional Rezoning(B-2 Community Business to Conditional B-4 Mixed Use)
Staff recommends Approval
July 10, 2018
38
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Princess Anne Hotel,LLC
7`..f-,:!:::: aw e o•J
I 410 f ;
7 ,.// 14,tl
fir, 14
Y + p
__ , b 3 .. Asa
• City-owned property marketed by Economic Development
• Proposing to subdivide into 3 parcels to develop with 2 hotels
and a 5,200 square-foot stand along restaurant
HOFD Ashville Park, LLC Agenda Item
Council District Princess Anne
Location Ashville Park Boulevard 9
._..„, ,. J. , ..
4
`. . ,
,,,,,} ice �"'' . 4.-I,
i4-4,:f '"'..41:4;f i..! ,r�i`%5."....2
, 4.:, ', ..--,r--2...- - , . t-, .. ,..-7 , , ,,,, „ , ,
.
Modification of Proffers
Staff recommends Approval
Planning Commission voted 10-0 to recommend Approval
July 10, 2018
39
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
HOFD Ashville Park,LLC
uunu¢
,..I �:� 4 �4uSe O�'eg
• Deferred by Council at the June 19'^public hearing
• Cost participation agreement between City and developer for drainage improvements
• More open space acreage with expanded lakes
• No additional dwelling units requested
Edgar Cayce's A.R.E Agenda Item
10
EDGAR CAYCE'S
A,R.E.
HEADQUARTERS
AND
VISITOR CENTER ••
Roadside Guide Sign
Staff recommends Approval
July 10, 2018
40
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
There are ten (10)Planning Items scheduled for August 21st:
SUMMARY — August 21st
10 Planning items tentatively scheduled for City Council's consideration
All items are tentatively scheduled pending the results of the July 11th Planning Commission Public Hearing
1. Ronald F.Giesin,Jr.-Bayside District 7 `/ c
• Conditional Use Permit(Motor Vehicle Rentals) I i
2. Lynnhaven Area Properties,LLC-Beach District ''. Bays. Lyrmhae.n
• Conditional Use Permit(Car Wash&Automobile Repair r a = -����
Establishment) ?1'j 144 . +a
3. Greenway Towing,LLC-Beach District / j i
• Modification of Conditions(Bulk Storage Yard) i : r t
• Modification of Proffers Kamp.vlu.^�� �'-",-..1
Beach
4. Wal-Mart Real Estate Business Trust-Princess Anne �� ,, i
District �� < R Hall ( 5
• Conditional Use Permit(Bulk Storage Yard) -' _ -
5. Wal-Mart Real Estate Business Trust-Beach District =�` ` AVL
j
• Conditional Use Permit(Bulk Storage Yard) } ceuh iiin L-. .
v
6. Wal-Mart Real Estate Business Trust-Rose Hall
District PrtzsasAnne r
• Conditional Use Permit(Bulk Storage Yard) "\
SUMMARY — August 21St
10 Planning items tentatively scheduled for City Council's consideration
All items are tentatively scheduled pending the results of the July 11th Planning Commission Public Hearing
7. Wal-Mart Real Estate Business Trust-Beach District - (`
• Conditional Use Permit(Bulk Storage Yard) t J `. \ r
8. 2734 Street Garage,LLC-Beach District
B ", ,. s.r�. Lnmm ha. 1
• Alternative Compliance J__/ "'°'""
f
9. City of Virginia Beach ' es ' .-.�
• An Ordinanceto Amend Section 104 of the City Zoning -r •,
Ordinance pertaining to the Maximum and Minimum s'--� —+ t
p.wl
Misdemeanor Fines for Violations Kom % `-'-�.-i-y'".
/ Beach
10.City of Virginia Beach J �.
• An Ordinance to Amend Sections 111,301,401,501,601,701, ``• `)- t\.-Rose Hallj/
/
801,901,1002,1501,1521,1531,2203 and Section 5.2 of the ••••,,� I
Oceanfront Resort District Form Based Code pertaining to t �� .•l -
Mobile Food Vending Definition and UsesC
i 7 — f
P,,nce..Anne r
1
July 10, 2018
41
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Ronald F. Giesin, Jr. Agenda Item
Council District Bayside
Location 519 N.Witchduck Road
1� / 15-12' R.7 5
• 2
ttA
V' T
$►t''4e t,y .... .b:." _ ,'�• 1 - -7 F-) RR.5
Conditional Use Permit(Motor Vehicle Rental)
Staff recommends Approval
Ronald F.Giesin,Jr.
ii.
is wltcHDUCK COURT
i dtwo wM1kle.
• Proposing up to display up to 2 U-Haul vehicles for rent alongside
existing building
• 11 parking spaces required for uses on-site,with 13 spaces provided
July 10, 2018
42
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Lynnhaven Area Properties, LLC Agenda Item
Council District Beach
Location Near Corner of Laskin Road& Regency Drive 2
-t-'4..,,.... _ ,.;;,.,,,,,.,.
:. if_F Is', *
'% Y . wm1 `1KOT y<.A'r. ' i 1
x- 45.
Conditional Use Permit(Car Wash&Automotive Repair Establishment)
Staff recommends Approval
Lynnhaven Area Properties,LLC
M�LLTOP GAR WASS
S�`•a y_\ -2Y: -
ek.s_._. I r -'4. - _r e -
as
"""'°."'N°"4 � .3�.�
is tP
—=
. - =4 ;w..—E......r- - `" '
imi
• 3,840 square-foot automatic car wash/auto detail&vehicle
maintenance facility
• Staff recommends removal of the 6 cash vacuums and parking spaces
proposed along Regency Drive,at the front of the site
July 10, 2018
43
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Greenway Towing, LLC t/a Aristocrat Towing Agenda Item
Council District Beach
location West Side of Washington Avenue,South of Virginia Beach Boulevard
\\ von
0.
• • 74-
ro w
't777 l '�l. t
110
y�A
Modification of Proffers/Modification of Conditions(Bulk Storage Yard)
Staff recommends Approval
Greenway Towing,LLC t/a Aristocrat Towing
�••• �''�E b • Requesting an additional 5 years for the Bulk Storage Yard for the
r p storage of vehicles and tires
• Surrounded by an eight-foot high fence with aluminum slats and
barbed wire
• Proposing to install Category I plant material along the fence
July 10, 2018
44
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Wal-Mart Real Estate Business Trust Agenda Item
Council District Princess Anne
Location 1149 Nimmo Parkway 4
,..„0„.„,,,„ , ,
_;,_„7.,,,,,.,,,,...„,.., _ „.....„ , ., 7 4, 4 .,.,-',^-,--'7,i
'
,4 .- iFY
�G�1 �
r1,:-._,//,.: � yam _
N -. ' AG-2
-� „9
�,vCrwfid '
Conditional Use Permit(Bulk Storage Yard)
Staff recommends Approval
Wal-Mart Real Estate Business Trust
I
- ate I
• Requesting removal of time limit,as 2-year time limit expiring,for seasonal storage of containers
• 20 containers proposed west of Walmart,behind the shopping center,near loading dock
• Area well-screened from Newstead Drive,and residential properties to the west
July 10, 2018
45
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Wal-Mart Real Estate Business Trust Agenda Item
Council District Beach
Location 546 First Colonial Road 5
tli, i Y e r .
e 2 ` t'
I.
,v
1.
Conditional Use Permit(Bulk Storage Yard)
Staff recommends Approval
Wal-Mart Real Estate Business Trust
b_.j.,.........\:lk .."--
... # /'
_____.: : - ti, :::::". ,,,,:, ,,
.rr
• Walmart recently remodeled following Kmart's departure from the site
• Seasonal installation of 10 containers proposed on east side of existing building
• Proposing wooden plank walls as a means of screening area from adjacent properties
July 10, 2018
46
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Wal-Mart Real Estate Business Trust Agenda Item
Council District Rose Hall
Location 2021 Lynnhaven Parkway 6
_ „.
_ , ..... . .„, -i...—
L`6`ro R fpm n t-r T
, :-„, , : . ..,. ..„.. .., .oma /
CA��.
,,,iii„ , ,::::,,,,,,,,,.,f,
\ i-_, t -vie:, , _:., . "aV./.0 ,,,-,P, .,. .
x44, c 2 . / ',„,_,_,...,,,
cip.
1,
It
Conditional Use Permit(Bulk Storage Yard)
Staff recommends Approval
Wal-Mart Real Estate Business Trust
ti
• Requesting removal of time limit,as 2-year time limit expiring,for seasonal storage of containers
• 20 containers to be located on the west and south sides of the existing building
• Area well-screened from residential to the west and from rights-of-way
July 10, 2018
47
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
Wal-Mart Real Estate Business Trust Agenda Item
Council District Beach
Location 657 Phoenix Drive 7
�' >r ,r O i i P -,
PsT.ry
a rlr
%/`��/,moi® ' e ,
'.1 _E'2"4.111.„,,_,,-,EA,-,. , 1-4!- , --- =1,, , ,, , , ,,,,..r_ ors
._,,,
fT2E1
Conditional Use Permit(Bulk Storage Yard)
Staff recommends Approval
Wal-Mart Real Estate Business Trust
,j0111V..
i Aalailla ' Alk *
•s
,...ER `
• Requesting removal of time limit,as 2-year time limit expiring,for seasonal storage of containers.
• 10 containers proposed on north side of building.
• Area well-screened from property to the west,existing off-site plant material on site to the north providing
effective screening.
July 10, 2018
48
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
27 1 Street Garage, LLC Agenda Item
Council District Beach
Location 2613 Atlantic Avenue 8
in,..x „ .,;,...,.,:4 i,
Ix 1
`� \ \\
a n„ \
,...- ---,,,,iffr_10 \ ,
Alternative Compliance Section 5.3.2 of the Oceanfront Resort District Form-Based Code
Staff recommends Approval
27 Y:Street Garage,LLC
® r- -- _. j ,
lemem:sammet- \\,_ uom — [
.P:w
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• Proposing 100%multi-family residence,Form-Based Code has a limit of 15%
• Proposal for 234 units(Potential 300 units by-right)
• Restaurant and retail on the first floor
• Parking structure proposed at 2701 Pacific Avenue
July 10, 2018
49
CITY MANAGER'S BRIEFINGS
ADD ON
PENDING PLANNING ITEMS
ITEM#68285
(Continued)
City of Virginia Beach Agenda Item
9
An Ordinance to Amend Section 104 of the City Zoning Ordinance
pertaining to the Maximum and Minimum Misdemeanor Fines for Violations
Staff recommends Approval
City of Virginia Beach Agenda Item
10
An Ordinance to Amend Sections 111,301,401,501,601,701,801,901,1002,1501,1521,
1531,2203 and Section 5.2 of the Oceanfront Resort District Form-Based Code
pertaining to Mobile Food Vending Definition and Uses
Staff recommends Approval
Mayor J,nes expressed his appreciation to Mrs. Smith and Mr. McNamara for the presentation.
July 10, 2018
50
CITY COUNCIL
COMMENTS
ITEM#68286
4:51 P.M.
Councilman Moss advised the lawsuit concerning the captain's examination competition for promotion
was dismissed and read a portion of Judge Lewis's decision, "Let me make it clear to everyone who is
intereste in this case that I, in no way shape or form, condone what was done by the folks in charge
running t is captain's examination. I can understand why the grievant's are upset about it, I would be
too, cheating is cheating, it's not right. That having been said, I'm going to have to agree with the City
that 1 dor't have jurisdictions to hear the case. " Councilman Moss feels it is important and this is not
repeated.
July 10, 2018
51
AGENDA REVIEW SESSION
ITEM#68287
4:55 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTIONS
1. Resolution to SUPPORT initiatives and opportunities re make the City a Livable Community
for All Ages
Ordinance to AUTHORIZE and ADOPT a Revised City Council Policy re Time Limits for
Speakers at City Council Meetings
. Resolution to SUPPORT the City's 2018 Applications for the Virginia Department of
Transportation (VDOT) SMART SCALE Program for FY2023-24 and FY2024-25 re
improvement projects for General Booth/Oceana Boulevard Intersection; General Booth
Boulevard;Laskin Road Phase III,• and First Colonial Road
Resolution to ENDORSE the Interstate 264 Town Center-Pembroke Signs and
AUTHORIZE reimbursement of costs re sign modification
'. Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Preservation
Virginia for the purchase of two (2) shuttle buses re Cape Henry Lighthouse and First
Landing Monuments
6'. Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue and
Refunding Bonds not to exceed $85-Million by the Virginia Beach Development Authority
(VBDA) re Westminster-Canterbury on Chesapeake Bay
7. Ordinance to ESTABLISH CIP re Flood Mitigation Assistance (FMA) Grant Program III
and ACCEPT/APPROPRIATE $2,914,976 from the Virginia Department of Emergency
Management (VDEM)
I. Ordinance to APPROPRIATE $195,000 from Town Center Special Service District (SSD)
Revenue Fund to the Town Center Special Service District (SSD) Operating Budget re
contractual services, repair and maintenance
Ordinance to ACCEPT/APPROPRIATE $15,000 from the Virginia Department of
Emergency Management (VDEM) to the Office of Emergency Management's Operating
Budget re medically friendly shelter capabilities and AUTHORIZE an In-Kind Grant
Match
10. Ordinance and Resolution re SPORTS CENTER:
a. TRANSFER $3.5-Million from Dome Site Entertainment Venue CIP to Central
Beach and Convention Districts Parking CIP
b. AUTHORIZE City Manager to EXECUTE a Comprehensive Agreement
ITEM#2 WILL BE CONSIDERED FOR WITHDRAWAL
ITEM#10a/b WILL BE CONSIDERED SEPARATELY
COUNCILMAN UHRIN FILED A DISCLOSURE LETTER FOR ITEM#10a/b
July 10, 2018
52
AGENDA REVIEW SESSION
ITEM#68287
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PL NING
ENOCH BAPTIST CHURCH and VOLUNTEERS OF AMERICA, INC.for Modification
of Conditions re group home at 5677 Herbert Moore Road(Approved April 16, 1979)
DISTRICT 2—KEMPSVILLE
ST. LUKE CATHOLIC CHURCH and CATHOLIC DIOCESE OF RICHMOND for
Modification of Conditions re religious use at 2304 Salem Road (Approved November 27,
1990)DISTRICT 7—PRINCESS ANNE
. JOHNS. and KAREN S. WALLER for a Conditional Change of Zoning from AG-1 and AG-
2 Agriculture to Conditional R-10 Residential at 2313 Treesong Trail DISTRICT 7 —
PRINCESS ANNE
4. JAND B DESIGN, INC. and VILLAGE SHOPPES ASSOCIATES,LLC for a Conditional
Use Permit re tattoo parlor at 3157 Virginia Beach Boulevard DISTRICT 6—BEACH
5. THE LASH CEO,LLC and SIFEN DEVELOPMENT COMPANY,INC.for a Conditional
Use Permit re tattoo parlor at 1060 Lynnhaven Parkway DISTRICT 3—ROSE HALL
6. NINA and WILLIAM GILBERT for a Conditional Use Permit re residential kennel at
5716 Blackwater Road DISTRICT 7—PRINCESS ANNE
7. HALLE PROPERTIES, LLC and GOPA THREE, LLC for a Conditional Use Permit re
automobile repair garage at 620 First Colonial Road DISTRICT 6—BEACH
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#7 APPLICANT HAS REQUESTED WITHDRAWAL
July 10, 2018
53
ITEM#68288
Mayor Louis R. Jones 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:
PUBLICLY HELD PROPERTY: Discussion or consideration of the
acquisition of real property for public purpose, or of the disposition of
publicly held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
• Princess Anne District
PUBLIC CONTRACT: Discussion of the award of a public contract
involving the expenditure of public funds, and discussion of the terms or
scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of the
public body,pursuant to Section 2.2-3711(A)(29)
• Virginia Beach Community Development Corporation
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 an open meeting would adversely
affect the negotiating or litigating posture of the public body; and
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).
• Internal EEO Investigation
PERSONNEL MATTERS: Discussion, consideration, or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees of any public body
pursuant to Section 2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
• Appointee Evaluations
July 10, 2018
54
ITEM#68288
(Continued)
Upon motion by Council Lady Kane, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSE n SESSION at 5:01 P.M.
Voting: 10-0
Council embers Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council embers Absent:
None
Closed S:ssion 5:01 P.M. - 5:59 P.M.
July 10, 2018
55
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
July 10, 2018
6:00 P.M.
Mayor nes called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in
the City council Chamber, City Hall, on Tuesday,July 10, 2018, at 6:00 P.M.
Council Members Present:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer,
Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
INVOCTION: Reverend Kim Hodges
Pastor, Lynnhaven Colony Congregational Church, United Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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 34th 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.
July 10, 2018
56
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.Iune 2, 2015, is hereby made a part of the record.
July 10, 2018
57
Item—VI-E
CERTI ICATION
ITEM#68289
Upon m tion by Councilman Moss, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council embers Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council i embers Absent:
None
July 10, 2018
c��1'.BEA
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ie
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RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
W 1 EREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#68288 Page 54 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.
mandaarne ,
s MMC
B
City Clerk July 10, 2018
58
Item—VI-H.1
MAYO 'S PRESENTATION
ITEM#68290
GENERAL ASSEMBLY RESOLUTION COMMENDING WILLIAM D.SESSOMS, JR.
Mayor J nes introduced Delegate Barry Knight who introduced Senator William R. DeSteph, and
Delegat Glenn Davis, Kelly Convirs-Fowler, Cheryl Turpin,Joseph Lindsey and Jason Miryares.
Delegate Knight presented Honorable William D. Sessoms, Jr., with House Resolution No. 647,
commen r ing him for his years of service to the residents of Virginia Beach.
July 10, 2018
HOUSE RESOLUTION NO.647
Offered May 30,2018
Comm'riding William D. Sessoms, Jr.
Patron--Knight
WHERE S,William D.Sessoms,Jr.,stepped down as Mayor of Virginia Beach on April 30,2018,after more than 15 years of
dedicated service and leadership as a city council member,vice mayor,and mayor;and
WHEREAS,William"Will"D. Sessoms,Jr.,grew up in Virginia Beach,where he attended First Colonial High School;after
graduating from Virginia Commonwealth University,he pursued a career in banking,becoming senior vice president of
Wachovia Bank and president of TowneBank;and
WHEREAS,desirous to be of further service to the community,Will Sessoms ran for and was elected to an at-large seat on the
Virginia Beach City Council in 1988;he was subsequently elected by his fellow council members to serve as vice mayor
between 1992 and 2002;and
WHEREAS,Will Sessoms was elected Mayor of Virginia Beach in 2008 and later won election to two additional terms;during
his tenure,he worked to create jobs,improve the environment,and strengthen communities throughout Virginia Beach;and
WHEREAS,Will Sessoms has served as director of the Virginia Beach Neptune Festival,Virginia Beach Volunteer Rescue
Squad Foundation,Virginia Marine Science Museum,Virginia Beach Central Business District Association,and Virginia
Beach Viiion;and
WHEREAS,Will Sessoms has also volunteered his time and leadership to numerous civic and service organizations,including
the American Heart Association,the Boys and Girls Club,Sentara Healthcare,and the Norfolk State University Foundation;
and
WHEREAS,after his well-earned retirement from public office,Will Sessoms will continue to live in Virginia Beach and seek
new opportunities to serve the community;now,therefore,be it
RESOLVD by the House of Delegates,That William D.Sessoms,Jr.,hereby be commended for his more than 15 years of
service toIthe residents of Virginia Beach;and,be it
RESOLV1 D FURTHER,That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to
William D.Sessoms,Jr.,as an expression of the House of Delegates'admiration for his contributions to the community and
best wish-. in future endeavors.
59
Item—VI-H.2
MAYO 'S PRESENTATION
ITEM#68291
PROCLAMATION
PARKS AND RECREATION MONTH JULY 2018
Mayor J nes introduced and welcomed Michael Kirschman, Director—Parks and Recreation, and
presented a Proclamation declaring July 2018 "Parks and Recreation Month". Mayor Jones encouraged
all citizens, city members and civic organizations to join him in supporting the City's Parks and
Recreation programs by visiting a community recreation center,park or other natural area.
Mr. Kirschman expressed his appreciation to City Council for their continued support of Parks and
Recreation
July 10, 2018
0141A'B@g0
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Whereas: Parks and recreation programs are an integral-part of the City of Virginia (Beach with 2.7
parks and parkfacilities, seven community recreation centers, 7,069 acres of parkkind and op
space;and-
Whereas:
ndWhrereas: Sixty-one percent of the community resides within a half-mice walkto a park and
Whereas: Parks and recreation programs are vitally important to esta6lishing and maintaining t'
quality of life in our community, ensuring the health of all citizens, programming active a
passive activities for citizens, and contri6uting to the economic and environmental-well-bei,;
of our community;and
Whereas: Parks and recreation is an integral-part of our Council's vision, contributes to the achieveme t
of the goals in the Sustainability Plan, and supports the Vr6an(Forest Management Plan;a
W et as: Parks and recreation programs provide therapeutic recreation and inclusion services f.,
individuals with cognitive or physical-needs;and
Wfiersar Parks and recreation programs increase a community's economic prosperity through increase
property values, increased tourism, the attraction and retention of 6usinesses, and cri
reduction;and
Whereas: Parks and natural-areas improve water quality, assist with storm water and sea level ris-
improve the quality of the air we breathe, and-produce habitat for wilfe;and
%%..vas Parks and natural areas and open space provides a place for children and adults to conne
with nature and recreate outdoors;and
Whereas: The Parks and Recreation Department is a CAPPRAAccredited agency.
Now,Therefore,I,Louis cN,Jones,Mayor of the City of Virginia Beach,do hereby proclaim:
Jury 2018
Par&s andcreation Month
In Virginia Beach, andI encourage all citizens, city members and civic organizations to join me in supporti ;
our Parks and&Rgcreation programs 6y visiting a community recreation center,parkor natural area.
In'Witness Whereof, I have hereunto set my hand and caused the Official-Seal of the City of Virginia(Beat
Virginia, to 6e affixed this'Third day of July,Two'Thousand Eighteen.
'Airm-4.#4,
Louis R,Jones
Mayor
60
ADOPT AGENDA
FOR FORMAL SESSION
ITEM#68292
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
July 10, 2018
61
Item - VI-I
ORDINANCES/RESOLUTIONS
ITEM#68293
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council APPROVED, BY
CONSENT:Agenda Items 1, 2 (WITHDRAWAL), 3, 4, 5, 8, and 9
Voting: 10-0
Council ' embers Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
62
Item -VI-I.1
ORDINNCES/RESOL UTIONS
ITEM#68294
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Resolution to SUPPORT initiatives and opportunities re make the City a Livable
Community for All Ages
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council embers Absent:
None
July 10, 2018
REQU STED BY COUNCILMEMBER HENLEY
1 A RESOLUTION TO SUPPORT INITIATIVES AND
2 OPPORTUNITIES TO MAKE THE CITY OF VIRGINIA
3 BEACH A LIVABLE COMMUNITY FOR ALL AGES
4
5 HEREAS, the global population of people aged 60 and over is expected to grow
6 from 6 0 million in 2000 to almost 2 billion by 2050; and
7
8 HEREAS, in the United States, the population of people aged 65 and over is
9 expect d to grow from 35 million in 2000 to 88.5 million by 2050, taking the total share of
10 the 65 nd over population from 12 percent to 20 percent of the total population; and
11
12 WHEREAS, the baseline for a truly livable community for all ages is how well those
13 individuals over 60 years of age are able to thrive in the community; and
14
15 WHEREAS, research shows that Americans overwhelmingly want to remain in
16 their homes and communities as they age; and
17
18 WHEREAS, access to quality health care and long-term services and supports is
19 essentill for all individuals to live in their homes and communities; and
20
21 WHEREAS, access to transportation is an important component of a livable
22 community for all ages; and
23
24 WHEREAS, reduced mobility leads to 15 percent fewer trips to the doctor, 59
25 percent fewer shopping trips and visits to restaurants, and 65 percent fewer trips for
26 social, family and religious activities; and
27
28 HEREAS, the World Health Organization (WHO) has developed a Global
29 Networ of Age-Friendly Cities and Communities to encourage and promote public
30 policies to increase the number of cities and communities that support livable
31 commu ities for all ages and thereby improve the health, well-being, satisfaction, and
32 quality f life for everyone in that community; and
33
34 HEREAS, active aging is a life-long process, whereby the development of a
35 livable ommunity for all ages is not just "elder-friendly" but also intended to be friendly
36 for all a es; and
37
38 HEREAS, the WHO has noted that "making cities and communities livable for all
39 ages is ne of the most effective policy approaches for responding to demographic aging,"
40 and
41
42 HEREAS, the WHO has developed eight domains of community life that
43 influenc the health and quality of life:
44
45 1. Outdoor spaces and buildings — accessibility to and availability of clean, safe
46 c mmunity centers, parks, and other recreational facilities;
47
48 2. Transportation — safe and affordable modes of private and public transportation,
49 "Complete Streets" types of initiatives, hospitable built environments;
50
51 3. Housing — wide range of housing options for residents, and other home
52 I odification programs, housing that is accessible to transportation and community
53 nd health services;
54
55 . Social participation — access to leisure and cultural activities; opportunities for
56 esidents to participate in social and civic engagement with their peers and both
57 Ider and younger people;
58
59 . Respect and social inclusion — programs to support and promote ethnic and
60 ultural diversity, programs to encourage multigenerational interaction and
61 ialogue, programs to combat loneliness and isolation among all residents;
62
63 6. Civic participation and employment — promotion of paid work and volunteer
64 opportunities; opportunities for residents to engage in the formulation of policies
65 relevant to their lives;
66
67 7. Communication and information — promotion of and access to the use of
68 t chnology to keep all residents connected to their community, friends and family,
69 oth near and far; and
70
71 . Community support and health services — access to homecare services, clinics,
72 rograms to promote physical exercise and healthy habits); and
73
74 HEREAS, the WHO has partnered with the AARP to launch a Network of Age-
75 Friendl Communities (NAFC), which recognize that towns, cities and communities have
76 differen needs, resources, and varying capacities to engage their resources to take
77 action t facilitate livable communities for all ages; and
78
79 HEREAS, communities that join the NAFC commit to actively work to make their
80 commu ities a great place to live for people of all ages; and
81
82 HEREAS, as of June 1 , 2018, more than 250 communities in the United States,
83 includin five localities in the Commonwealth of Virginia have joined the NAFC; and
84
85 WHEREAS, the City, in collaboration with the Virginia Beach Mayor's Commission
86 on Agin , Senior Services of Southeast Virginia, , the Virginia Beach Department of Public
87 Health, he Mayor's Youth Leaders in Action, AARP of Southeast Virginia, and other
88 membersof the community are committed to making the City a great place to live for
89 people f all ages;
90
91 NOW, THEREFORE, BE RESOLVED THAT THE CITY COUNCIL OF THE CITY
92 OF VIRGINIA BEACH, VIRGINIA, THAT
93
94 1. The Council supports initiatives and opportunities to further efforts to make the
95 City of Virginia Beach a Livable Community for All Ages.
96
97 . The City Manager is directed to promote and encourage policies supporting
98 healthy aging, including submitting an application to register the City in the
99 Network of Age-Friendly Communities.
dopted by the Council of the City of Virginia Beach, Virginia, on the 1 ottclay of
July , 2018.
AP D AS TO LEGAL SUFFICIENCY:
City Attorney s A ffice
CA14467
R-1
June 8, 2118
3
63
Item -VI-L2
ORDINANCES/RESOLUTIONS
ITEM#68295
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council WITHDREW, BY
CONSENT, Ordinance to AUTHORIZE and ADOPT a Revised City Council Policy re Time Limits for
Speakers at City Council Meetings
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
64
Item -VI-L3
ORDINCES/RESOL UTIONS
7,
ITEM#68296
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Resolution to SUPPORT the City's 2018 Applications for the Virginia Department of
Transportation (VDOT) SMART SCALE Program for FY2023-24 and FY2024-25 re improvement
projects for General Booth/Oceana Boulevard Intersection; General Booth Boulevard; Laskin Road
Phase IF; and First Colonial Road
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
1 A RESOLUTION TO SUPPORT THE CITY'S
2 APPLICATIONS FOR THE VIRGINIA DEPARTMENT OF
3 TRANSPORTATION SMART SCALE PROGRAM FOR FY
4 2023-24 AND FY 2024-25 FUNDING
5
6 WHEREAS, the City of Virginia Beach is eligible to submit applications through
7 the Virginia Department of Transportation (VDOT) SMART SCALE program, and
8 projects submitted to this grant program are reviewed and scored by VDOT based on
9 an objective outcome-based process in the following areas: Congestion Mitigation,
10 Safety, Accessibility, Environmental Quality, Economic Development, and Land Use
11 Coordination;
12
13 WHEREAS, requested VDOT SMART SCALE revenue reimbursement can be up
14 to 100% of the total project cost, although the locality's ability to contribute to the
15 submitted project is a factor in the award process; and
16
17 WHEREAS, the City's highest priority improvement projects that meet the
18 eligibility for funding are General Booth Boulevard and Oceana Boulevard Intersection,
19 General Booth Boulevard, Laskin Road Phase III, and First Colonial Road.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 1. That the City of Virginia Beach City Council hereby supports applications
25 through the Virginia Department of Transportation SMART SCALE Program to request
26 $3,600,000 for General Booth Boulevard and Oceana Boulevard Intersection,
27 $18,000,000 for General Booth Boulevard, $25,800,000 for Laskin Road Phase III, and
28 $44,200,000 for First Colonial Road.
29
30 2. That the required matching funds will be provided from the allocation of
31 local funding by the Council in the City's Capital Improvement Program.
32
33 3. That the City Manager is hereby authorized to execute on behalf of the
34 City of Virginia Beach all necessary project agreements for project development and
35 construction.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of .Till y , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
C r
Budget and Management Seyvices orney's Office
CA14478/R-1/June 27, 2018
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65
Item—VI-.I.4
ORDIN CES/RESOLUTIONS
ITEM#68297
Upon m tion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Resolution to ENDORSE the Interstate 264 Town Center-Pembroke Signs and
AUTHORIZE reimbursement of costs re-sign modification
Voting: 10-0
Council embers Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
1 A RESOLUTION TO ENDORSE INTERSTATE 264 TOWN
2 CENTER-PEMBROKE SIGNS AND TO AUTHORIZE
3 REIMBURSEMENT OF COSTS ASSOCIATED WITH SIGN
4 MODIFICATION
5
6 WHEREAS, Town Center is an important and vital regional employment center,
7 cultural place, and mixed-use community that is home to nearly 20,000 jobs, and is
8 visited by millions of people every year;
9
10 HEREAS, the City of Virginia Beach and the Central Business District
11 Associ tion are interested in facilitating ease of access to Town Center, including for
12 motori is from both the eastbound and westbound directions of Interstate 264; and
13
14 HEREAS, the Virginia Department of Transportation (VDOT) requires an action
15 by the ity Council in order to support modifications of roadway signage.
16
17 OW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGI IA BEACH, VIRGINIA:
19
20 1. That the Virginia Beach City Council hereby endorses designating the
21 area p esently known as Pembroke Area as Town Center-Pembroke.
22
23 . That the Virginia Beach City Council requests that VDOT modify existing
24 Suppl mental Guide Signs along Interstate 264 to read Town Center-Pembroke.
25
26 3. That a copy of this resolution shall be transmitted to VDOT.
27
28 . That the City Manager is hereby authorized to execute on behalf of the
29 City of Virginia Beach all necessary project agreements for project development and
30 install ion.
31
32 . That $94,239 is authorized for use, within CIP Project #9-081 Strategic
33 Growt Area Projects, to reimburse the Virginia Department of Transportation for the
34 require sign modification.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of July , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
7FICIENCY:
Budget and Management Services ttorney's Office
CA1447!
R-1
June 27 2018
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66
Item—VI-.I.5
ORDINANCES/RESOLUTIONS
ITEM#68298
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Resolution to AUTHORIZE a Memorandum of Understanding (MOU) with Preservation
Virginia for the purchase of two (2) shuttle buses re Cape Henry Lighthouse and First Landing
Monuments
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M. Dyer,
Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
1 A RESOLUTION TO APPROVE A MEMORANDUM OF
2 UNDERSTANDING BETWEEN THE CITY AND
3 PRESERVATION VIRGINIA FOR A SHUTTLE TO CAPE
4 HENRY LIGHTHOUSE AND FIRST LANDING
5 MONUMENTS
6
7 WHEREAS, the Reconciliation Budget included $210,857 for two 12-passenger
8 shuttle buses to assist visitation to Cape Henry Lighthouse and First Landing Monuments;
9 and
10
11 WHEREAS, the City staff have discussed details with Preservation Virginia, and
12 the Staff seek approval of changes to what was included in the Reconciliation Budget;
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 hereby approves of a memorandum of understanding (MOU)
18 between the City and Preservation Virginia, provided such MOU is consistent with the
19 attached summary of terms, which is incorporated herein as Exhibit A.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th
day of July , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Ianning/S 4..A Office City • orney's Office
CA14481
R-1
June 29, 2018
EXHIBIT A
Memorandum of Understanding
Summary of Material Terms
Parties: City of Virginia Beach("City")
Preservation Virginia
Purpose: Shuttle to Cape Henry and First Landing Monuments
Material Terms: City to purchase two 14-passenger buses. City has the right to wrap the
buses in furtherance of marketing the City as a tourist destination. City is
permitted to rotate buses within its fleet assets. City to maintain liability
insurance for vehicles. City to provide fuel. City to provide training for
drivers.
Preservation Virginia to arrange for drivers for the buses. The drivers are
required to complete training as required by City's Risk Management
Division. Preservation Virginia to provide reports of number of visitors
utilizing shuttles. Preservation Virginia to maintain Workers'
Compensation insurance for any driver or employee participating in
project. Preservation Virginia to use City's procedure for reporting
vehicular accidents.
Parties to arrange drop-off and pick-up of vehicles not in use. Parties to
review allocation of vehicles and adjust if visitation demand changes
provided City is limited to funds appropriated for this purpose. Actual "in
service" deployment of buses is dependent upon seasonal visitation and
mutually agreed maximization of services delivery.
Term: One year. May be extended up to four additional one-year terms.
skills and training to provide basic and limited advanced emergency medical care for critical
and emergent patients who access the emergency medical system. -Jones and Wood
13. Add $300,000 and authorize two additional FTEs in the Police Department to implement the
Workforce Development Program. This program will allow Police Officers who have
completed a certain set of criteria, to receive a 5% salary increase once they have completed
three years of service with the Police Department. With the completion of additional criteria
necessary to achieve the rank of Master Police Officer, an additional 5% salary increase can
be achieved after three additional years of service (total of six years of service). Currently,
Officers must achieve the requirements of the position and complete six years of service
before they are eligible for a career progression to the rank of Master Police Officer. An
additional position (1 FTE) will be added in the FY 2019-20 budget for the continued
implementation of this program if required. -Jones and Wood
14. Modify 1.7 part-time Psychiatrist FTEs in the Human Services Department to one full-time
Psychiatrist and a 0.25 part-time Psychiatrist position (total of 1.25 FTEs). On March 20,
2018, City Council adopted an ordinance to make this change in the department's FY 2017-
18 operating budget; however, due to the timing of that ordinance in relation to the drafting
of the City Manager's Proposed Budget, the Proposed Budget reflects the part-time 1.7
Psychiatrist FTEs. As with the ordinance adopted in March, this adjustment in the FY 2018-
]9 operating budget is cost neutral. -Kane
15. In order to comply with new United States Department of Defense security requirements,
which prohibit unauthorized visitors to the Joint Expeditionary Base (JEB) from driving
personal vehicles on to the base, add $210,857 to the Tourism Investment Program (TIP)
Fund for the purchase of two 12-passenger shuttle buses and related operating costs for the
Preservation Virginia Cape Henry Landmarks/Fort Story Shuttle Grant. The City,
Preservation Virginia and JEB Command staff have developed this option for addressing the
new security mandates while also continuing to provide public access to the Preservation
Virginia-owned original lighthouse and First Landing monuments across the street.
Preservation Virginia will fund the operators for these shuttles and when not in use for this
purpose, the shuttle buses will be utilized by the Convention and Visitors Bureau for
tourism and Convention Center related activities. In order to offset this increase, the TIP
Fund Reserve for Contingencies will be reduced by the same amount. - Wilson and Uhrin
16. Add $105,000, including one FTE, to the operating budget of EMS for the establishment of
a City Paramedicine program. The purpose of this program is to provide proactive medical
services to individuals who frequently call upon the City's emergency medical resources for
routine medical assistance. -Jones and Wood
17. Add $50,000 to the Convention and Visitor's Bureau to support marketing and advertising
efforts for the 2019 induction ceremonies for the Virginia Sports Hall of Fame and to help
solidify the Hall of Fame's presence at Town Center. - Wood,Dyer, and Davenport
s e
a o � .
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67
Item -VLI.6
ORDINANCES/RESOLUTIONS
ITEM#68299
Upon motion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED,
Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue and Refunding Bonds not
to exceed$85-Million by the Virginia Beach Development Authority (VBDA) re Westminster-Canterbury
on Chesapeake Bay
Voting: 10-0
Council Members Voting Aye.
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
•
1 RESOLUTION OF CITY COUNCIL APPROVING THE
2 ISSUANCE OF RESIDENTIAL CARE FACILITY
3 REVENUE AND REFUNDING BONDS (WESTMINSTER-
4 CANTERBURY ON CHESAPEAKE BAY - SERIES 2018)
5
6 WHEREAS, the City of Virginia Beach Development Authority (the "Authority")
7 has approved the application of Westminster-Canterbury on Chesapeake Bay
8 ("Westminster-Canterbury"), a Virginia nonstock corporation, whose primary business
9 address is 3100 Shore Drive, Virginia Beach, Virginia 23451 (the "Community")
10 requesting that the Authority issue up to $85,000,000 of its revenue bonds in one or
11 more series at one time or from time to time (the "Bonds") and loan the proceeds of the
12 Bonds to Westminster-Canterbury in order:
13
14 (1) to refund all or a portion of the outstanding principal amount of the
15 Authority's Residential Care Facility Revenue and Refunding Bond (Westminster-
16 Canterbury of Hampton Roads, Inc.), Series 2015 (the "Prior Bond"), which:
17
18 (a) financed certain capital improvements at the Community, including,
19 but not limited to the (i) completion and equipping of the unfinished space on the fourth
20 floor of Westminster-Canterbury's existing four-story healthcare center (the "Hoy
21 Center") to add additional finished space, (ii) the renovation, improvement and
22 equipping of the existing finished space in the Hoy Center, which upon completion will
23 continue to be a nursing healthcare facility, (iii) the construction, renovation,
24 improvement and equipping of an expansion of Westminster-Canterbury's Wellness
25 Center, which is located on the first floor of the Community's West Tower and (iv) the
26 financing of the costs of routine and ongoing capital expenditures for the Community;
27
28 (b) refinanced bonds of the Authority that were previously issued to
29 finance or refinance improvements at the Community; and
30
31 (c) financed costs of issuance incurred in connection with the refunding
32 of the previously issued bonds and the issuance of the Prior Bond;
33
34 (2) to finance and refinance costs associated with the projects referenced
35 under (1)(a) above; and
36
37 (3) to finance, if and as needed, capitalized interest on the Bonds, a debt
38 service reserve fund for the Bonds, costs of issuance related to the issuance of the
39 Bonds, working capital, routine capital expenditures at the Community and other related
40 costs, including information technology infrastructure, technology improvements,
41 equipment related to the foregoing two items, window replacement and repair,
42 apartment renovations and improvements, upgrades and replacement of existing
43 equipment and other capital outlays related to the existing Community (collectively (1),
44 (2) and (3) above constitute the "Plan of Finance").
45 WHEREAS, the Authority held a public hearing on June 19, 2018, regarding the
46 Plan of Finance;
47
48 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended
49 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of
50 private activity bonds and over the area in which any facility financed with the proceeds
51 of private activity bonds is located must approve the issuance of the bonds and Section
52 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2,
53 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such
54 approval;
55
56 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach,
57 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of
58 the Bonds are located in the City and the City Council of the City of Virginia Beach,
59 Virginia (the "Council"), constitutes the highest elected governmental unit of the City;
60
61 WHEREAS, the Authority has recommended that the Council approve the Plan of
62 Finance and the issuance of the Bonds; and
63
64 WHEREAS, a copy of the Authority's inducement resolution approving the
65 issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public
66 hearing and a Fiscal Impact Statement have been filed with the Council.
67
68 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
69 OF VIRGINIA BEACH, VIRGINIA:
70
71 1. The Council hereby approves the issuance of the Bonds, in an aggregate
72 principal amount up to $85,000,000, by the Authority for the benefit of Westminster-
73 Canterbury, solely to the extent required by Section 147(f) of the Code and Section
74 15.2-4906 of the Act, to permit the Authority to assist in accomplishing the Plan of
75 Finance.
76
77 2. The approval of the issuance of the Bonds does not constitute an
78 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the
79 Plan of Finance or the Westminster-Canterbury. In accordance with Chapter 643 of the
80 Acts of Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a
81 debt or a pledge of the faith and credit or taxing power of the Commonwealth or any
82 political subdivision thereof, including the Authority and the City.
83
84 This Resolution shall take effect immediately upon its adoption.
85
86 Adopted by the Council of the City of Virginia Beach, Virginia, on 10th day of
87 July , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LE A L
SUFFICIENCY:
Economic Development City Attorney
CA14393
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WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY
EXHIBIT A
DISCLOSURE STATEMENT FORM
SECTION 3—SERVICE PROVIDERS
1. Accounting Services: Jeremy Hicks, CPA, Principal
CliftonLarsonAllen
227 West Trade Street, Suite 800
Charlotte, NC 28202
704-998-5259
2. Financing Services: Financial Advisor
Malcolm Nimick
Ascension Capital Enterprises
611 Maple Lane
Sewickley, PA 15143
412-542-8837
Richard Czekajewski
Ascension Capital Enterprises
8638 Tartan Fields Drive
Dublin, OH 43017
614-395-2370
Senior Managing Underwriter:
Tad Melton Adam Garcia
Ziegler Ziegler
4801 Cox Road, Suite 103 4801 Cox Road,Suite 103
Richmond,VA 23230 Richmond,VA 23230
804-793-8487 804-793-8487
Co-Manager: Jimmy Sanderson
Davenport & Company LLC
901 East Cary Street, 11th Floor
Richmond, VA 23219
804-697-2912
1-1545143.1
3. Legal Services:
Bond Counsel: General Counsel:
David L. Richardson Hugh L. Patterson
Thomas William (TW) Bruno Willcox &Savage, P.C.
McGuire Woods LLP 440 Monticello Avenue
800 East Canal Street Suite 2200
Richmond,VA 23219 Norfolk, VA 23510
804-775-1030 757-628-5557
Brian C. Purcell
Willcox &Savage, P.C.
757-628-5688
Stephen W. Brewer
Willcox &Savage, P.C.
757-628-5595
Underwriter's Counsel Kevin A. White
Kaufman & Canoles
1021 E. Cary Street, Suite 1400
Richmond,VA 23219
804-771-5770
Trustee: Nancy Blodinger
U.S. Bank
1021 East Cary Street,Suite 1850
Richmond,VA 23219
704-771-7934
2
1-1545143.1
EXHIBIT B
DISCLOSURE STATEMENT FORM
WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY
BOARD OF TRUSTEES
Officers
Suzanne Puryear, Chair
Richard B. Thurmond, Vice-Chair
David B. Young, Secretary
Timothy J. Stiffler,Treasurer
Jr
J. Benjamin Unkle4President&CEO
David B. Myers, Chief Financial Officer&Assistant Treasurer
Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident&
Health Operations
Trustees
Dr. Townsend Brown, Jr.
Richard C. Burroughs
The Rev. Albert G. Butzer, III
John D. Cavanaugh
George L. Compo
Jeffrey P. King
Dennis G. Manning
Suzanne Puryear
Jane Cady Rathbone
Charles D. Robison, III
Lisa B. Smith
Timothy J. Stiffler
Richard B. Thurmond
Katherine C. Willis
Dr. George Wong
David B.Young
Ex-Officio
The Rt. Rev. Herman Hollerith
The Rev. Liza Hendricks
1
VIRGINIA BEACH
DEVELOPMENT AUTHORITY
June 27,2018
The Honorable Louis R Jones, Mayor
Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Re: Westminster-Canterbury Residential Care Facility Revenue and Refunding Bonds
Dear Mayor Jones and Members of Council:
We submit the following in connection with the request of Westminster-Canterbury on
Chesapeake Bay's application for the issuance of residential care facility revenue and refunding
bonds in an amount not to exceed $85,000,000 for the project located at 3100 Shore Drive,
Virginia Beach, Virginia.
1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of
the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach
Development Authority's (the "Authority's") resolution recommending Council's approval is
attached as Exhibit C.
2. The Disclosure Statement is attached as Exhibit D.
3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a
benefit for the City of Virginia Beach and its recommendation that the City Council approve the
bonds described above is attached as Exhibit E.
4. The Fiscal Impact Statement is attached as Exhibit F.
5. A summary sheet setting forth the type of issue, and identifying the project and the
principals of the applicant is attached as Exhibit G.
6. A letter from the Department of Economic Development commenting on the project is
attached as Exhibit H.
Very truly yours,
Chair
/AWS
Enclosures
4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757) 385-6464
EXHIBIT A
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EXHIBIT B
Summary of Statements
A representative of Westminster-Canterbury on Chesapeake Bay appeared before
the uthority to describe the project and the proposed bond issue. No one appeared in
opposition to the proposed bond issue.
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BOND IN AN AMOUNT
NOT TO EXCEED $85,000,000 FOR THE BENEFIT OF WESTMINSTER-
CANTERBURY ON CHESAPEAKE BAY BY PUBLIC SALE
WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), a
political subdivision of the Commonwealth of Virginia(the "Commonwealth"), is empowered by
Chapter 643 of the Acts of Assembly of 1964, as amended(the "Act"), to issue its revenue bonds
to protect and promote the health and welfare of the inhabitants of the Commonwealth by
assisting in the financing and refinancing of medical facilities and facilities for the residence or
care of the aged, owned and operated by organizations which are exempt from federal income
taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the
"Code"); and
WHEREAS, the Authority has received a request from Westminster-Canterbury on
Chesapeake Bay, a Virginia nonstock corporation (the "Westminster-Canterbury"), whose
address is 3100 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting the
Authority to issue and sell its revenue bonds (the "Bonds") from time to time and in one or more
series,pursuant to the Act,to provide funds to Westminster-Canterbury:
(1) to refund all or a portion of the outstanding principal amount of the Authority's
Residential Care Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton
Roads,,Inc.), Series 2015 (the"Prior Bond"),which
(a) financed certain capital improvements at the Community,
including, but not limited to the (i) completion and equipping of the unfinished
space on the fourth floor of Westminster-Canterbury's existing four-story
healthcare center (the "Hoy Center") to add additional finished space, (ii) the
renovation, improvement and equipping of the existing finished space in the Hoy
Center, which upon completion will continue to be a nursing healthcare facility,
(iii) the construction, renovation, improvement and equipping of an expansion of
Westminster-Canterbury's Wellness Center, which is located on the first floor of
the Community's West Tower and (iv) the financing of the costs of routine and
ongoing capital expenditures for the Community;
(b) refinanced bonds of the Authority that were previously issued to
finance or refinance improvements at the Community; and
(c) financed costs of issuance incurred in connection with the
refunding of the previously issued bonds and the issuance of the Prior Bond;
(2) to finance and refinance costs associated with the projects referenced under(1)(a)
above; and
(3) to finance, if and as needed, capitalized interest on the Bonds, a debt service
reserve fund for the Bonds, costs of issuance related to the issuance of the Bonds, working
capital, routine capital expenditures at the Community and other related costs, including
102984192.2
information technology infrastructure, technology improvements, equipment related to the
foregoing two items, window replacement and repair, apartment renovations and improvements,
upgrades and replacement of existing equipment and other capital outlays related to the existing
Community(collectively(1), (2) and(3) above constitute the"Project"); and
WHEREAS, on June 19, 2018, an inducement resolution was adopted by the Authority
and a public hearing was held as required by Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as
amended(the "Virginia Code"); and
WHEREAS, the Authority desires to authorize the issuance of the Bonds, and the
documents evidencing and securing the Bonds, subject to the approval of the City Council of the
City of Virginia Beach,Virginia, as required by Section 15.2-4906(C) of the Virginia Code; and
WHEREAS, the Authority will issue the Bonds pursuant to a Trust Agreement (the
"Trust Agreement"), between the Authority and a bond trustee to be selected by Westminster-
Canterbury(the "Bond Trustee"); and
WHEREAS, the Authority will loan the proceeds of the Bonds to Westminster-
Canterbury pursuant to a Loan Agreement (the "Loan Agreement"), among the Authority and
Westminster-Canterbury, and Westminster-Canterbury will evidence its payment obligations
with respect to the Bonds by a promissory note from Westminster-Canterbury to the Authority in
the principal amount equal to the principal amount of the Bonds (the "Note"); and
WHEREAS, the Bonds are expected to be offered for sale by B.C. Ziegler and Company
("Ziegler"), or a group of underwriters managed by such firm (collectively the "Underwriters"),
pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement") dated the date of its
execution and delivery, among the Authority, Westminster-Canterbury and Ziegler on behalf of
itself or as a representative for the Underwriters; and
WHEREAS, the Bonds will be offered for sale by the Underwriters and there will be a
disclosure document in the form of an official statement in preliminary form to be dated the date
of its delivery (the "Preliminary Official Statement"), prepared under the direction of
Westminster-Canterbury in connection with the offering and sale of the Bonds; and
WHEREAS, the Authority will assign the Note to the Bond Trustee pursuant to the Trust
Agreement; and
WHEREAS, there have been presented to this meeting drafts of the following
instruments (the "Authority Documents") which the Authority proposes to execute or approve to
carry out the issuance and sale of the Bonds, copies of which instruments shall be filed with the
records of the Authority:
(a) Trust Agreement, including the forms of the Bonds;
(b) Loan Agreement;
(c) Note,with the Authority's assignment thereof;
-2-
(d) Bond Purchase Agreement; and
(e) Preliminary Official Statement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. The Authority hereby finds and determines that the Project will be in the public
interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the
Commonwealth, and the City of Virginia Beach, Virginia and their citizens and in particular will
promote the provision of health care facilities and other facilities for the residence and care of the
aged in accordance with their special needs.
2. The issuance of the Bonds, to be styled the "City of Virginia Beach Development
Authority, Residential Care Facility Revenue and Refunding Bonds (Westminster-Canterbury on
Chesapeake Bay)" (with an appropriate series designation) for the purpose of financing the costs
associated with the Project is hereby authorized and approved, subject to the approval of the City
Council of the City of Virginia Beach, Virginia as required by Section 15.2-4906(C) of the
Virginia Code.
3. The Bonds shall be issued in a principal amount not to exceed $85,000,000, shall
have a maximum true interest cost of not more than 6.00%per annum, shall mature no later than
July 1, 2058, and shall be substantially in the form attached as an exhibit to the Trust Agreement
and shall be issued upon the terms set forth in the Trust Agreement.
4. The Bonds and the other Authority Documents are hereby approved in
substantially the forms submitted to this meeting, with such changes as may be approved, with
the advice of counsel to the Authority, by the Chair or Vice Chair of the Authority, whose
approval shall be evidenced conclusively by the execution and delivery of the Authority
Documents.
5. The execution, delivery and performance by the Authority of the Authority
Documents are hereby authorized and approved. The execution of the Bonds and delivery
against payment therefor, the amount of such payment to be disbursed in accordance with the
terms of the Trust Agreement,are authorized.
6. The Chair and the Vice Chair of the Authority, either of whom may act, are each
authorized to execute, on behalf of the Authority, the Bonds and the other Authority Documents,
and, if required, the Secretary and Assistant Secretary of the Authority, either of whom may act,
are each authorized to affix the seal of the Authority to the Bonds and the other Authority
Documents(as needed) and to attest such seal.
7. The use and distribution by the Underwriters of the Preliminary Official
Statement in the form on file with the Authority are in all respects authorized, ratified and
approved. For purposes of Rule 15c2-12 of the Securities and Exchange Commission, the Chair
or Vice Chair of the Authority, either of whom may act, are authorized to deem the Preliminary
Official Statement relating to the Bonds final except for information permitted to be omitted
under paragraph(b)(1) of such Rule. The Chair and Vice Chair of the Authority, either of whom
-3-
may act, are authorized and directed to execute and deliver the Authority's approval of the final
official statement (the "Official Statement") upon approval of its form, terms and conditions.
Such officer's execution shall constitute conclusive evidence of his approval of such form, terms
and conditions. Execution of the final Official Statement shall constitute conclusive evidence
that the Official Statement has been deemed final within the meaning of Rule 15c2-12.
8. The use and distribution by the Underwriters of the Official Statement are hereby
authorized and approved. The Official Statement shall be in substantially the form of the
Preliminary Official Statement submitted to this meeting, which is hereby approved, with such
completions, omissions, insertions and changes as may be approved by the Chair or Vice Chair,
either of whom may act, and whose execution thereof shall constitute conclusive evidence of his
approval of such form,terms and conditions.
9. The Chair and the Vice Chair of the Authority, either of whom may act, are
authorized to execute and deliver on behalf of the Authority such instruments, documents or
certificates, including but not limited to a tax compliance certificate and an Internal Revenue
Service Form 8038, and to do and perform such things and acts, as they shall deem necessary or
appropriate to carry out the transactions authorized by this Resolution or contemplated by the
Bonds, the other Authority Documents or such instruments, documents or certificates, and all of
the foregoing, previously done or performed by such officers of the Authority, are in all respects
approved and confirmed.
10. Each officer of the Authority is authorized to execute and deliver on behalf of the
Authority such instruments, documents or certificates, and to do and perform such things and
acts, as he or she deems necessary or appropriate to carry out the transactions authorized by this
Resolution or contemplated by the Bonds, the other Authority Documents or such instruments,
documents or certificates, and all of the foregoing,previously done or performed by such officers
of the Authority, are in all respects approved,ratified and confirmed.
11. The Bonds and the other Authority Documents shall provide that neither the
Commonwealth nor any political subdivision thereof, including the Authority and the City of
Virginia Beach, Virginia (the "City"), shall be obligated to pay the obligations under the Bonds
and the other Authority Documents except from the revenues, receipts and payments pledged
therefor, and that neither the faith and credit nor the taxing power of the Commonwealth or any
political subdivision thereof, including the Authority and the City, is pledged to the payment of
such obligations. All costs and expenses of the Authority in connection with the issuance of the
Bonds and actions taken pursuant to this Resolution, including the fees and expenses of counsel
to the Authority, will be paid by Westminster-Canterbury or paid from the proceeds of the
Bonds.
12. The Authority determines that the issuance of the Bonds in accordance with the
terms of the Trust Agreement and all actions of the Authority contemplated thereunder will be in
furtherance of the purposes for which the Authority was organized.
13. No Bonds may be issued pursuant to this Resolution until such time as the
issuance of the Bonds has been approved by the City Council of the City of Virginia Beach,
Virginia.
-4-
14. Subject to paragraph 13, this Resolution shall take effect immediately upon its
adoption.
[Signature Certificate Follows]
-5-
CERTIFICATE
The undersigned Secretary of the City of Virginia Beach Development Authority (the
"Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a
resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called
and held on June 19, 2018, in accordance with law, and that such resolution has not been
repealed, revoked,rescinded or amended but is in full force and effect on the date hereof.
WITNESS the following signature and seal of the Authority as of June 19, 2018.
g41444--- \
166r. Secretary
[SEALI
EXHIBIT D
DISCLOSURE STATEMENT
Date: July 10, 2018
Applicant: Westminster-Canterbury on Chesapeake Bay
All Owners:
(If different from Applicant): None.
Type of Application: $85,000,000 revenue and refunding bonds (the "Bonds") to
(i)refund all or a portion of the outstanding principal balance
amount of the Authority's Residential Care Facility Revenue
and Refunding Bond (Westminster-Canterbury of Hampton
Roads, Inc.- Series 2015) (the "2015 Bond"), (ii) finance
and refinance costs associated with certain capital
improvements funded by the 2015 Bond, and(iii) finance, if
and as needed, capitalized interest on the Bonds, a debt
service reserve fund for the Bonds, cost of issuance related
to the issuance of the Bonds,working capital,routing capital
expenditures and other related costs, including information
technology infrastructure, technology improvements,
equipment related to the foregoing two items, window
replacement and repair, apartment renovations and
improvements, upgrades and replacement of existing
equipment and other capital outlays related to the facility.
1 The Applicant is a Virginia non-stock corporation with a principal place of
business at 3100 Shore Drive, Virginia Beach, Virginia.
2 The Applicant is the owner of the project contemplated by the bonds.
3 The current Board of Trustees are identified on the attached Schedule A.
Schedule A
WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY
BOARD OF TRUSTEES
Officers
Suzanne Puryear, Chair
Richard B. Thurmond, Vice-Chair
David B. Young, Secretary
Timothy J. Stiffler, Treasurer
Jr
J. Benjamin Unkle/President&CEO
David B. Myers, Chief Financial Officer&Assistant Treasurer
Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident&
Health Operations
Trustees
Dr. Townsend Brown, Jr.
Richard C. Burroughs
The Rev. Albert G. Butzer, III
John D. Cavanaugh
George L. Compo
Jeffrey P. King
Dennis G. Manning
Suzanne Puryear
Jane Cady Rathbone
Charles D. Robison, III
Lisa B. Smith
Timothy J. Stiffler
Richard B. Thurmond
Katherine C. Willis
Dr. George Wong
David B. Young
Ex-Officio
The Rt. Rev. Herman Hollerith
The Rev. Liza Hendricks
EXHIBIT E
VIRGINIA BEACH
DEVELOPMENT AUUHORfTY
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$85,000,000 RESIDENTIAL CARE FACILITY REVENUE AND REFUNDING BONDS
WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY SERIES 2018
The City of Virginia Beach Development Authority (the "Authority") recommends
approval of the above-captioned financing. Westminster-Canterbury on Chesapeake Bay's
residential facilities continue to promote industry, commerce and trade within the City of
Virginia Beach. Financing provided by the Authority will assist as existing life-care facility to
remain current in meeting new market demands for its services, maintain its substantial
employment census, increase its revenues and add to the City's economic tax base.
4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757) 385-6464
EXHIBIT F
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: June 19,2018
To the C Council of the City of Virginia Beach,Virginia
Virginia :each,Virginia
Applicant: Westminster-Canterbury on Chesapeake Bay("Westminster-Canterbury")
Facility/ Refund existing debt of Westminster-Canterbury
Plan of Finance:
1. Maxim m amount of financing sought $85,000,000
2. Estimat d taxable value of the facility's real property to be constructed in the locality. $0
3. Estimate d real property tax per year using present tax rates. $987,306
4. Estimat d personal property tax per year using present tax rates. $81,427
5. Estimat.d merchants'capital tax per year using present tax rates. N/A
6. (a) Est mated dollar value per year of goods that will be purchased from Virginia
co panies within the locality
$9,058,480*
(b) Est mated dollar value per year of goods that will be purchased from
no -Virginia companies within the locality
$3,480,864*
(c) Est mated dollar value per year of services that will be purchased from Virginia
co panies within the locality
$6,329,756*
(d) Est mated dollar value per year of services that will be purchased from
no -Virginia companies within the locality
$1,874,311'
7. Estimated number of regular employees on year round basis. 601
(466.2 FTEs)
8. Average annual salary per employee. $43,267
* Amoun s shown are based on Westminster-Canterbury's purchases for the community generally because the
proceeds s f the proposed bonds include certain new money projects as described above and the refunding of
certain o Westminster-Canterbury's existing debt that w ed to finance and ref nance ri com onents
of its co unity.
Chair,City of Vir is :each Development Authority
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGIINA BEACH DEVELOPMENT AUTHORITY
REVENUE AND REFUNDING BOND
1, PROJECT NAME: Westminster-Canterbury on Chesapeake Bay.
2. LOCATION: 3100 Shore Drive, Virginia Beach, Virginia.
3. DESCRIPTION OF
PROJECT Revenue and refunding bonds (the "Bonds")to (i)
refund all or a portion of the outstanding principal
balance amount of the Authority's Residential Care
Facility Revenue and Refunding Bond
(Westminster-Canterbury of Hampton Roads, Inc.-
Series 2015) (the "2015 Bond"), (ii) finance and
refinance costs associated with certain capital
improvements funded by the 2015 Bond, and (iii)
finance, if and as needed, capitalized interest on the
Bonds, a debt service reserve fund for the Bonds,
cost of issuance related to the issuance of the
Bonds, working capital, routing capital expenditures
and other related costs, including information
technology infrastructure, technology
improvements, equipment related to the foregoing
two items, window replacement and repair,
apartment renovations and improvements, upgrades
and replacement of existing equipment and other
capital outlays related to the facility.
4. AMOUNT OF BONDS
TO BE ISSUED: $85,000,000
5. PRINCIPALS: Board of Trustees, attached.
6. ZONING CLASSIFICATION:
a. Present zoning of property: B-4
b. Is rezoning proposed: No.
WESTMINSTER-CANTERUBRY ON CHESAPEAKE BAY
BOARD OF TRUSTEES
Officers
Suzanne Puryear, Chair
Richard B. Thurmond, Vice-Chair
David B. Young, Secretary
Timothy J. Stiffler, Treasurer
Jr_.
kl
J. Benjamin Une/President&CEO
David B. Myers, Chief Financial Officer&Assistant Treasurer
Dr. Victoria Crenshaw, Assistant Secretary&VP of Resident&
Health Operations
Trustees
Dr. Townsend Brown, Jr.
Richard C. Burroughs
The Rev. Albert G. Butzer, III
John D. Cavanaugh
George L. Compo
Jeffrey P. King
Dennis G. Manning
Suzanne Puryear
Jane Cady Rathbone
Charles D. Robison, III
Lisa B. Smith
Timothy J. Stiffler
Richard B. Thurmond
Katherine C. Willis
Dr. George Wong
David B. Young
Ex-Officio
The Rt. Rev. Herman Hollerith
The Rev. Liza Hendricks
EXHIBIT H
r'
VIRGINIA BEACH
ECONOMIC DEVELOPMENT
June 27, 2018
Dorothy L. Wood
Chair
Virginia Beach Development Authority
4525 Main Street, Suite 700
Virginia Beach, VA 23462
Dear Dot:
The Department of Economic Development concurs with the issuance of
residential care facility revenue and refunding bonds in an amount not to exceed
$85,000,000 for Westminster-Canterbury on Chesapeake Bay (the "Bonds"). The
issuance of the Bonds by the Authority will be in the public interest, will benefit the
inhabitants of the City of Virginia Beach through the promotion of their safety, health,
welfare, convenience of prosperity and will provide a public benefit to the City by,
among other things, ensuring the availability of modern and efficient medical services,
special care and secure living accommodations for the elderly in accordance with their
special needs.
The funds are to (i) refund all or a portion of the outstanding principal balance
amount of the Authority's Residential Care Facility Revenue and Refunding Bond
(Westminster-Canterbury of Hampton Roads, Inc.- Series 2015) (the "2015 Bond"), (ii)
finance and refinance costs associated with certain capital improvements funded by the
2015 Bond, and (iii) finance, if and as needed, capitalized interest on the Bonds, a debt
service reserve fund for the Bonds, cost of issuance related to the issuance of the
Bonds, working capital, routing capital expenditures and other related costs, including
information technology infrastructure, technology improvements, equipment related to
the foregoing two items, window replacement and repair, apartment renovations and
improvements, upgrades and replacement of existing equipment and other capital
outlays related to the facility.
I will be happy to answer any questions you may have at our next meeting.
Sincerely,
Mark R. Wawner
Project Development Coordinator
MRW/AWS/csk
4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894
68
Item—VU .7
ORDINANCES/RESOLUTIONS
ITEM#68300
Upon m tion by Vice Mayor Wood, seconded by Council Lady Wilson, City Council ADOPTED,
Ordinance to ESTABLISH CIP re Flood Mitigation Assistance (FMA) Grant Program III and
ACCEP /APPROPRIATE $2,914,976 from the Virginia Department of Emergency Management
(VDEM)
Voting: 10-0
Council embers Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
1 AN ORDINANCE TO ESTABLISH CIP 7-058 "FLOOD
2 MITIGATION ASSISTANCE GRANT PROGRAM III" AND TO
3 ACCEPT AND APPROPRIATE A FLOOD MITIGATION
4 ASSISTANCE GRANT FROM THE VIRGINIA
5 DEPARTMENT OF EMERGENCY MANAGEMENT
6
7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 1. That CIP #7-058 "Flood Mitigation Assistance Grant Program III" is hereby
11 established in the FY 2018-19 Capital Improvement Program; and
12
13 2. That $2,914,976 in federal pass through revenue is hereby accepted from
14 the Virginia Department of Emergency Management and appropriated, with
15 estimated federal revenue increased accordingly, to CIP #7-058 "Flood
16 Mitigation Assistance Grant Program III" for flood mitigation measures at
17 qualifying residential properties.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of
July 2018.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
OVIA)
Budget land Management Service City Attorney's 0 ice
CA14470
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June 19, 2018
69
Item—VLL8
ORDINANCES/RESOLUTIONS
ITEM#68301
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE $195,000 from Town Center Special Service District (SSD)
Revenue Fund to the Town Center Special Service District (SSD) Operating Budget re contractual
services, repair and maintenance
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
1 AN ORDINANCE TO APPROPRIATE $195,000 FROM
2 THE FUND BALANCE OF THE TOWN CENTER
3 SPECIAL SERVICE DISTRICT SPECIAL REVENUE
4 FUND TO THE FY 2017-18 TOWN CENTER SPECIAL
5 SERVICE DISTRICT OPERATING BUDGET FOR
6 CONTRACTUAL SERVICES, REPAIR, AND
7 MAINTENANCE
8
9 ::E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGI IA:
11
12 '. That $195,000 from the fund balance of the Town Center Special Service
13 District Special Revenue Fund is hereby appropriated, with specific fund
14 reserve revenue increased accordingly, to the FY 2017-18 Operating Budget
15 of the Town Center Special Service District for contractual services, repair,
16 and maintenance.
17
18 2. The effective date of this ordinance is June 30, 2018.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of
July , 2018.
Requires an affirmative vote by a majority of all of the member of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
0
Budget and Management Sery ces City Att'orney's Office
i
CA14480
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June 28, 2018
70
Item—VI.I.9
ORDINANCES/RESOLUTIONS
ITEM#68302
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT/APPROPRIATE $15,000 from the Virginia Department of
Emergency Management (VDEM) to the Office of Emergency Management's Operating Budget re
medically friendly shelter capabilities and AUTHORIZE an In-Kind Grant Match
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000
2 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY
3 MANAGEMENT TO THE OFFICE OF EMERGENCY
4 MANAGEMENT'S FY 2018-19 OPERATING BUDGET AND
5 TO AUTHORIZE AN IN-KIND GRANT MATCH
6
7 IiE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGI IA, THAT:
9
10 1 . 15,000 in federal pass-through revenue via the Virginia Department of
11 mergency Management, is hereby accepted and appropriated, with estimated
12 f deral revenue increased accordingly, to the FY 2018-19 Operating Budget of the
13 ffice of Emergency Management for support of medically friendly shelter
14 apabilities; and
15
16 2. An in-kind grant match in equal amounts to the federal revenue appropriated
17 herein is hereby authorized within existing resources, including salary
18 appropriations, of the FY 2018-19 Operating Budget of the Office of Emergency
19 Management.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of
July 2018.
Requires an affirmative vote by a majority of all the members of City Council.
APPR VED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
,,S - Q J ) i
Budget and Management Services ' ' •rneys Office
CA1446•
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June 15, '018
71
Item—VLI.lOa
ORDINANCES/RESOLUTIONS
ITEM#68303
The following registered to speak:
Will Driscoll, 249 Central Park Ave, Ste 230, Phone; 348-1929 spoke in SUPPORT
Diana Burke, 1023 Laskin Rd, Ste 111, Phone; 428-8015 spoke in SUPPORT
Ken Chord III, 3536 Clubhouse Rd, Phone; 340-6829, spoke in OPPOSITION
Kristina Chastin, 5401 Lake Side Ave, Phone; 615-0920, spoke in SUPPORT
Paul Merritt, 5151 Cleveland St, Phone; 705-3730, spoke in SUPPORT
Elizabeth Baumann (VB Restaurant Assoc.), 228 50th Street, Phone; 335-1233, spoke in SUPPORT
Joyce Smith, 1230 Fourdyce Drive, Chesapeake, Phone; 560-1948, spoke in SUPPORT
David Rhodes, 1736 Purpose Drive, Phone; 672-1654, spoke in SUPPORT
Jim Davis, 100 N. Budding Ave., Phone; 373-5556, spoke in OPPOSITION
David Nygaard 509 20th St, Phone; 778-1496, spoke in OPPOSITION
Hollie Godfrey, 443 Pine Wood Drive, Phone; 449-0941, spoke in SUPPORT
Ryan Oldach, 4505 Main St,Apt 253, Phone; 814-490-3887, spoke in SUPPORT
Robert Pizzini, 2332 Treesong Trail, Phone; 412-5201, spoke in SUPPORT
Dianna Howard, 1057 Debaca Ct, Phone; 567-9021, spoke in OPPOSITION
Michael Mauch, 1841 Muddy Creek Rd., Phone; 339-9494, spoke in SUPPORT
Bruce Williams, 1068 Meadow Grove, Phone; 510-4463, spoke in SUPPORT
Craig Dooren, 3112 Audley Way, Phone; 328-0562, spoke in SUPPORT
Mike Mctskell, 4403 Lisbon Lane#103, Phone; 615-6265, spoke in OPPOSITION
Holli Martir, 4165 Rainbow Drive, Phone; 339-5325, spoke in OPPOSITION
Jeff Richardson, 1009 Ditchley Rd., Phone; 236-4300, spoke in SUPPORT
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, Ordinance
to TRANSFER$3.5-Million from Dome Site Entertainment Venue CIP to Central Beach and
Convention Districts Parking CIP
Voting: 10-0
Council ' embers Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
CouncilMembers Absent:
None
*Councilman Uhrin filed a disclosure letter dated July 10,2018
July 10, 2018
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
2 OF $3,500,000 FROM CIP 9-053 DOME SITE
3 ENTERTAINMENT VENUE TO CIP 9-045 CENTRAL BEACH
4 AND CONVENTION DISTRICTS PARKING
5 WHEREAS, the City Council adopted the FY 2018-19 Capital Improvement Program
6 on May 15, 2018 that included several projects that will transform the City's Resort Area
7 into a year-round destination;
8
9 WHEREAS, additional information has been received allowing for a refinement of
10 cost estimates related to the timing and costs of these projects; and
11
12 WHEREAS, while not appropriated, it is intended that the $3,500,000 being
13 transferred from CIP 9-053 Dome Site Entertainment Venue will be restored in FY 2019-20
14 and that amount will be reallocated from CIP 9-045 Central Beach and Convention Districts
15 Parking in that same fiscal year;
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That $3,500,000 is hereby transferred from CIP 9-053 Dome Site Entertainment
20 Venue to CIP 9-045 Central Beach and Convention Districts Parking to allow execution of
21 the parking adjacent to the Virginia Beach Sports Center.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of July 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
•
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Budget and Management Services! City Atto►ey'• Office
CA14482
R-1
June 29, 2018
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44
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JOHN E.UHRIN PHONE: (757)200-7005
COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM
Refer to File No.0063321
July 10, 2018
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H),
Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on (1) an ordinance to transfer $3.5 million from CIP 9-053 Dome Site
Entertainment Venue to CIP 9-045 Central Beach and Convention Districts
Parking; and (2) a resolution authorizing the City Manager to execute a
comprehensive agreement for the Virginia Beach Sports Center Project.
2. The Sports Center project could increase demand for hotel rooms in the Resort
Area.
3. I am an employee of Burlage Management Corporation, which is located at 801
Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels
in the Resort Area.
4. I am a member of a business, profession or occupation, namely Resort Area
hoteliers. To the extent the approval of this transaction may affect the business of
hotels in the Resort Area, all members of this profession may be affected by the
transaction.
215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451
Mrs. Amanda Barnes -2- July 10, 2018
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
5. Although the City Attorney has advised me that with respect to this transaction, any
benefit or detriment to Burlage Management Corporation is speculative and
therefore the Act provides that I may participate in this transaction without
restriction, I nevertheless have chosen to disclose this potential interest and state
that I am able to participate in this transaction fairly, objectively, and in the public
interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and
2.2-3115(H).
I respectfully request that you record this declaration in the official records of City Council.
Thank ysu for your assistance in this matter.
Sincerely,
All
E. Uhrin
ouncilmember
JEU "
72
Item—VLL10b
ORDIN CES/RESOLUTIONS
ITEM#68304
Upon mdtion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED,
Resoluti•n to AUTHORIZE City Manager to EXECUTE a Comprehensive Agreement
Voting: 8-2
Council embers Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley,
Mayor Louis R. Jones, Shannon DS Kane, John E. Uhrin,
Rosemary Wilson and Vice Mayor James L. Wood
Council Members Voting Nay:
Jessica P. Abbott
John D. Moss
Council Members Absent:
None
*Councilman Uhrin filed a disclosure letter dated July 10, 2018
July 10, 2018
1 A RESOLUTION AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A COMPREHENSIVE
3 AGREEMENT FOR THE VIRGINIA BEACH SPORTS
4 CENTER PROJECT
5
6 WHEREAS, on September 26, 2017, the City received conceptual proposals under
7 the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from three
8 firms in response to a solicitation by the City for a sports center facility (the "Sports
9 Center");
10
11 WHEREAS, the conceptual proposals were posted on the City's website
12 (www.vbgov.com) as required by the PPEA and the City's PPEA Guidelines;
13
14 WHEREAS, after receipt of detailed proposals, the City undertook detailed
15 negotiations with the three firms that responded to the City's PPEA solicitation;
16
17 WHEREAS, a public hearing was held on February 6, 2018 to allow the public to
18 provide input on the PPEA proposals as required by Virginia Code § 56-575.17.B;
19
20 WHEREAS, the City Council approved an interim agreement for preliminary design
21 and site work with MEB General Contractors, Inc., on February 20, 2018 for a maximum
22 cost of$2,336,971;
23
24 WHEREAS, the Council included funding for an enlarged Sports Center in the
25 FY19 Capital Improvement Program ("CIP");
26
27 WHEREAS, the Council included CIP funding for parking in the Resort and
28 Convention Districts of the City;
29
30 WHEREAS, the City Manager presented to the Council a summary of the terms
31 that have been negotiated for the Comprehensive Agreement;
32
33 WHEREAS, on June 12, 2018, a copy of the Comprehensive Agreement in
34 substantially completed form was posted on the City website;
35
36 WHEREAS, the Council was briefed at its June 19th Informal Session the details
37 of the proposed Comprehensive Agreement;
38
39 WHEREAS, as contemplated the cost to design and build the Building with
40 Contingency is $55,439,754 and Parking with Contingency is $10,364,322; and
41
42 WHEREAS, the total cost, including the Interim Agreement, Building with
43 Contingency, and Parking with Contingency is $68,141,047.
44
45 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
46 OF VIRGINIA BEACH, VIRGINIA. THAT:
47
48 1. Based upon the review of the proposals, the work from the Interim Agreement,
49 and advice provided by the City Staff, the City Council hereby determines that
50 entering into a Comprehensive Agreement for the design-build of the Virginia
51 Beach Sports Center with MEB General Contractors, Inc. will serve the public
52 purpose because (i) there is a public need and benefit to be derived from such
53 agreement, (ii) the price of $55,439,754 for the Building with Contingency and
54 $10,364,322 for the Parking with Contingency is reasonable in relation to
55 similar facilities, and (iii) the agreement will result in the timely development of
56 the Virginia Beach Sports Center.
57
58 2. The City Manager or his designee is hereby authorized to execute, after
59 approval for legal sufficiency by the City Attorney or his designee, a
60 Comprehensive Agreement with MEB General Contractors, Inc. for the Sports
61 Center Project.
62
63 3. The approximate date of execution for the Comprehensive Agreement is July
64 12, 2018.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th
day of July , 2018.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
J
City Manager's Off e qty A orn- 's Office
CA14378
R-1
June 21, 2018
PPEA COMPREHENSIVE AGREEMENT
FOR THE DESIGN AND CONSTRUCTION OF THE
VIRGINIA BEACH SPORTS CENTER
SUMMARY OF MATERIAL TERMS
Partie : City of Virginia Beach("City")
MEB General Contractors, Inc. ("MEB")
Project Description: MEB will design and construct an indoor sports facility of
approximately 285,000 square feet for court sports and an
indoor articulated track with approximately 1100 surface
parking spaces to attract out-of-market tournament business
for the Virginia Beach Convention and Visitors Center.
Design—Build Cost: Interim Agreement $ 2,336,971
Building Construction $ 54,352,700
Owner's Building Contingency $ 1,087,054
Building Subtotal $ 57,776,725
Parking and Site Construction $ 10,161,100
Owner's Parking Contingency $ 203,222
Parking and Site Subtotal $ 10,364,322
Total Project Cost $ 68,141,047
Construction Schedule: Preliminary site work & clearing AUG 2018
Parking construction commences NOV 2018
Building construction commences DEC 2018
Final completion NOV 2020
Virginia Beach Sports Center MEB General Contractors, Inc.
PPEA RFP for the City of Virginia Beach CIP 9-041
Virginia Beach Sports Center
Contract#PWCN-18-0079
Cost Proposal Form-Building Summary 6/11/2018
Div/Item Description Total
Comprehensive Agreement
- Detail Design Phase,Architecture and Engineering 2,352,900
-Special Inspections and Material Testing 77,500
-Building Permit and Utility Tap Fees 325,100
-Bonds and Insurance 1,216,500
-Preconstruction Services 197,700
1 General Requirements 2,616,500
2 Site Construction 1,308,700
3 Concrete 4,700,800
4 Masonry 367,300
5 Metals 514,500
6 Wood and Plastics 307,900
7 Thermal and Moisture Protection 720,800
8 Doors and Windows 1,127,300
9 Finishes 4,615,500
10 Specialties 399,900
11 Equipment 6,344,800
Furnishings Allowance(FF&E to Include Concessions Tables/Chairs and
12 Trainer/Medical Room FF&E) NA
13 Pre-Engineered Metal Building 12,098,000
14 Elevator 200,100
15 Mechanical 8,729,500
16 Electrical 6,131,400
Building Subtotal 54,352,700
Owners Contingency(2%of Subtotal) 1,087,054
Building Total w/Contingency 55,439,754
Interim Agreement Total 2,336,971
Total Building 57,776,725
Cost Proposal Form-Parking Lot Summary
Div/Item Description Total
Comprehensive Agreement
-Detail Design Phase,Architecture and Engineering 329,900
-Special Inspections and Material Testing 16,500
-Bonds and Insurance 216,100
-Preconstruction Services 87,200
1 General Requirements 481,200
2 Site Construction 8,156,900
16 Electrical 873,300
Parking Lot Subtotal 10,161,100
Owners Contingency(2%of Subtotal) 203,222
Parking Total w/Contingency 10,364,322
Total Parking Lot 10,364,322
Total Project(Building+Parking Lot) 68,141,047
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1 VBgov.com
JOHN E.UHRIN PHONE: (757)200-7005
COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM
Refer to ile No. 0063321
July 10, 2018
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H),
Code of Virginia, I make the following declarations:
1. I am executing this written disclosure regarding City Council's discussion and vote
on (1) an ordinance to transfer $3.5 million from CIP 9-053 Dome Site
Entertainment Venue to CIP 9-045 Central Beach and Convention Districts
Parking; and (2) a resolution authorizing the City Manager to execute a
comprehensive agreement for the Virginia Beach Sports Center Project.
2. The Sports Center project could increase demand for hotel rooms in the Resort
Area.
3. I am an employee of Burlage Management Corporation, which is located at 801
Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels
in the Resort Area.
4. I am a member of a business, profession or occupation, namely Resort Area
hoteliers. To the extent the approval of this transaction may affect the business of
hotels in the Resort Area, all members of this profession may be affected by the
transaction.
215 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451
Mrs. Amanda Barnes -2- July 10, 2018
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
5. Although the City Attorney has advised me that with respect to this transaction,any
benefit or detriment to Burlage Management Corporation is speculative and
therefore the Act provides that I may participate in this transaction without
restriction, I nevertheless have chosen to disclose this potential interest and state
that I am able to participate in this transaction fairly, objectively, and in the public
interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and
2.2-3115(H).
I respectfully request that you record this declaration in the official records of City Council.
Thank you for your assistance in this matter.
Sincerely,
E. Uhrin
�Iouncilmember
. JEU/RRI
73
Item— -J
PLANN G
ITEM#68305
1. ENOCrH BAPTIST CHURCH and MODIFICATION OF CONDITIONS
VOL UNTEERS OF AMERICA,INC.
2. ST. LUKE CATHOLIC CHURCH and DIOCESE MODIFICATION OF CONDITIONS
OF RICHMOND
3. JOHNS. and KAREN S. WALLER CONDITIONAL CHANGE OF
ZONING
4.JAN B DESIGN,INC. and VILLAGE SHOPPES CONDITIONAL USE PERMIT
ASSO L4TES,LLC
5. THE ASH CEO,LLC. and SIFEN DEVELOPMENT CONDITIONAL USE PERMIT
COM ANY,INC.
6.NINA and WILLIAM GILBERT CONDITIONAL USE PERMIT
7. HAL E PROPERTIES,LLC and GOPA THREE,LLC CONDITIONAL USE PERMIT
ITEM#3 WILL BE CONSIDERED SEPARATELY
ITEM#7 APPLICANT HAS REQUESTED WITHDRAWAL
July 10, 2018
74
Item— -J.1
PLANN NG
ITEM#68306
Upon m tion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, APPROVED, AS
MODIFIED/ CONDITIONED, BY CONSENT, Application of ENOCH BAPTIST CHURCH and
VOLUNTEERS OF AMERICA, INC.for Modification of Conditions re group home at 5677 Herbert
Moore Road(Approved April 16, 1979)DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ENOCH BAPTIST CHURCH and
VOLUNTEERS OF AMERICA, INC.for Modification of Conditions re
group home at 5677 Herbert Moore Road(Approved April 16, 1979)
(GPIN 1468138917)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. The applicant shall obtain all necessary building permits and shall obtain a Certificate of
Occupancy from the Building Official's Office prior to the occupancy of the Group Home.
2. The Group Home shall be limited to a maximum of thirteen (13) residents.
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 10`'' day of July, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
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Item—VI-J.2
PLANNING
ITEM#68307
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, APPROVED, AS
MODIFIED/CONDITIONED,BY CONSENT,Application of ST. LUKE CATHOLIC CHURCH and
CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions re religious use at 2304 Salem
Road(Approved November 27, 1990)DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ST. LUKE CATHOLIC CHURCH and
CATHOLIC DIOCESE OF RICHMOND for Modification of Conditions re
religious use at 2304 Salem Road (Approved November 27, 1990) (GPIN
1484153136)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. All conditions of the Conditional Use Permit granted by City Council on November 27, 1990,
shall remain in effect.
2. The mobile units shall be removed from the site within six(6)months of City Council approval.
3. When the site is developed, it shall be in substantial conformance with the submitted site layout
exhibit entitled, "ST. LUKE'S CATHOLIC CHURCHADDITION&RENOVATION,
IMPROVEMENT&LAYOUT PLAN,"dated October 20, 2017, and prepared by Waller Todd&
Sadler Architects, which has been exhibited to the Virginia Beach City Council and is on file in
the Department of Planning and Community Development.
4. The exterior of the proposed buildings shall substantially adhere in appearance, size and
materials to the elevations entitled, "ST. LUKE'S CATHOLIC CHURCHADDITION&
RENOVATION, EXTERIOR MATERIAL FINISH COLOR ELEVATIONS,"dated November 21,
2017, and prepared by Waller Todd&Sadler Architects, which have been exhibited to the
Virginia Beach City Council and are on file in the Department of Planning and Community
Development.
5. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan
entitled, "ST. LUKE'S CATHOLIC CHURCHADDITION&RENOVATION, PLANTING
PLAN,"dated October 20, 2017, and prepared by Waller Todd&Sadler Architects, which has
been exhibited to the Virginia Beach City Council and is on file in the Department of Planning
and Community Development.
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 10`h day of July, Two
Thousand Eighteen.
July 10, 2018
76
Item—VI�7.2
PLANNING
ITEM#68307
(Continued)
Voting: 10-0
Councilembers Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer,
Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
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Item—VI-J.3
PLANNING
ITEM#68308
The following registered to speak:
Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT
James Smith, 2316 Treesong Trail, Phone; 513-0207, spoke in OPPOSITION
Dawn Chapman, 2324 Treesong Trail, Phone; 636-0416, spoke in OPPOSITION
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED, AS
PROFFERED, Application of JOHN S. and KAREN S. WALLER for a Conditional Change of Zoning
from AG-1 and AG-2 Agriculture to Conditional R-10 Residential at 2313 Treesong Trail, DISTRICT 7—
PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of JOHN S. and KAREN S. WALLER for a
Conditional Change of Zoning from AG-1 and AG-2 Agriculture to
Conditional R-10 Residential at 2313 Treesong Trail (GPIN 2414756758)
DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
Sinc the Planning Commission hearing, the applicant has submitted an additional proffer that calls
for the establishment of a Home Owners'Association for maintaining the stormwater facility.
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordnance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 10"' day of July, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer,
Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
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�` CITY OF VIRGINIA BEACH
,-:. � INTER-OFFICE CORRESPONDENCE
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r OF OUR NAT�CN
In Reply Refer To Our File No. DF-9971
DATE: June 29, 2018
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Conditional Zoning Application; John S. and Karen S. Waller
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 10, 2018. I have reviewed the subject proffer agreement, dated July
28, 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
JOHN S. WALLER and KAREN S. WALLER, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 28th day of July, 2017, by and between JOHN S.
WALLER and KAREN S. WALLER, husband and wife, Grantors; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantors are the owners of a certain parcel of property located in the
Princes Anne District of the City of Virginia Beach, containing approximately 10.501 acres
as described in Exhibit "A" attached hereto and incorporated herein by this reference, which
parcel is herein referred to as the "Property"; and
WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the Zonng Classification of the Property from AG-1 and AG-2 Agricultural Districts to
Conditional R-io 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 Grantors acknowledge that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at
the same
time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community
that are pot generally applicable to land similarly zoned are needed to cope with the situation to
which the Grantors'rezoning application gives rise; and
GPIN: 241.
14-75-6758-0000
Prepared B &Return To:
R.Edward ourdon,Jr.,Esquire
VSB#2216
Sykes,Bou don,Ahern&Levy,P.C.
281 Indepe dence Blvd.
Pembroke ne,Fifth Floor
Virginia Be ch,Virginia 23462
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior tc the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning, Map, in addition to the regulations provided for the R-10 Zoning District by the
existing overall Zoning Ordinance,the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment
to the oning Map relative and applicable to the Property, which has a reasonable relation to
the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantee, 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 subd'vision approval,hereby make the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the Property
and herby covenant and agree that this declaration shall constitute covenants running with
the Proierty, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantors, their successors, personal representatives, assigns,
grantee, and other successors in interest or title:
1. When the Property is developed it shall be subdivided into no more than nine
(9) new residential building lots, plus the Grantors' existing homesite, designated io, 7.174
AC. substantially as depicted on the "PRELIMINARY SUBDIVISION OF PROPERTY OF
JOHN S.WALLER JR.D.B. 2898 P. 990 VIRGINIA BEACH,VIRGINIA",dated July 21,2017,
and pre!ared by Gallup Surveyors & Engineering, Ltd. ("Subdivision Plan"), which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department
of Plann ng.
2 When the Property is developed, each of the nine (9) new single family
residential dwellings to be constructed shall contain no less than 2,000 square feet of
enclosed living area, excluding garage for one-story and no less than 2,30o square feet of
enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a
minimus of two (2) vehicles and the primary exterior building materials on each home will
be brick, stone, cement fiber ("hardie plank") or a combination of those materials. Neither
the size nor architectural features of the existing homestead or any future replacement of that
home on the Grantor's homesite (1o) are regulated hereunder.
2
. When the Property is developed, the nine (9) new residential dwellings shall
have dile quality exterior design and architectural features substantially as depicted on the
Pictorial Exhibits entitled "WALLER PROPERTY" dated July 28, 2017, which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning.
4. When the Property is developed, the Grantor shall record a Declaration
submitting Lots 1 through 9 to a mandatory membership Homeowners Association which
shall ba responsible for maintaining the stormwater management facilities, within the
easements for same, located upon Lot 10.
5. Further conditions may be required by the Grantee during subdivision review
and administration of applicable City Codes by all cognizant City agencies and departments
to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in
full force and effect until a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised Zoning Ordinance until
specifically repealed. The conditions, however, may be repealed, amended, or varied by
written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia
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 evider}ced by a certified copy of an ordinance or a resolution adopted by the governing body
of the G#I•antee, after a public hearing before the Grantee which was advertised pursuant to
the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance
or resolution shall be recorded along with said instrument as conclusive evidence of such
consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vestedth all necessary authority, on behalf of the governing body of the City of Virginia
Beach, irginia, to administer and enforce the foregoing conditions and restrictions,
includin4 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,
3
including mandatory or prohibitory injunction, abatement, damages, or other appropriate
action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and the conditions
may be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of
the GraIli
tors and the Grantee.
4
WITNESS the following signature and seal:.
Gra or:
•,�'. I ✓ "c / EA
/ (S L)
John S. Waller
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31 s gay of July, 2017,
by John S. Waller, Grantor.
)44k weeeae
otary Public
My Commission Expires: August 31, 2018 ,�P R. /f.
Notary Registration Number: 192628 � . mail
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5
WITNESS the following signature and seal:
Grantor:
. 1a/2._tAA__k2taj
(SEAL)
Karen S. Waller
COMMONWEALTH OF VIRGINIA
CITY/ OUNTY OF V17;,q' t-ec, -• , to-wit:
he foregoing instrument was acknowledged before me this ';-°I day of July, 2017,
by Kar n S. Waller, Grantor.
Notary PT'
. yi:4 /0,,---,,, 1- . '
My Commission Expires: 51� ,r-3U1 )-oma
NotaryRegistration Number: -7 7 3 cfC• l ARIANA MARGUERITE BONIFACE
NOTARY PUBLIC
REG.#77346
HiQ M C• ' • •F VIRGINIA
MY C• k •. •4.IRES:SEPTEMBER 30,2021
C ''f NTY OF VIRGINIA BEACH, to-wit:
he foregoing • . 4 ument was acknowled:e• :- ore me this 2 day of July, 2017,
by Kareh S.Waller, Grantor.
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Notary 'egistration Number:. -7 7 3 '1(4 l co
ARIANA MARGUERITE BONIFACE
NOTARY PUBLIC
REG.#7734616
COMMONWEALTH OF VIRGINIA
I MY COMMISION EXPIRES SEPTEMBER 30,2021
6
EXHIBIT "A"
LEGAL DESCRIPTION
All that certain
or ieceparcel of land in the Princess Anne District of the City of Virginia
Beach, Virginia, being known and designated as Parcel "2-A-2-A" as depicted on that plat
entitled, "RESUBDIVISION OF LOTS 2-A-2 AND i-A RESUBDIVISION OF PROPERTY OF
W A. M ASSOCIATES LOT 2A AND LOT 3A(M.B. 201,P 5 - 6) 0.042 Acre Parcel, RED MILL
FARM ECTION TWENTY-ONE, PHASE TWO (M.B. 229, P 76 - 8o)AND LOT 1 RED MILL
FORES (M.B. 257 P 11-13)VIRGINIA BEACH,VIRGINIA",dated August 8, 2000,prepared
by Baldwin and Gregg and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 29o, at Pages 9 - 10.
GPIN: 2414-75-6758-0000
H:\AM\Cnditional Rezoning\Waller\Proffer Agreement.docx
7
78
Item—VI-14
PLANNING
ITEM#68309
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, APPROVED, AS
CONDITIONED, BY CONSENT, Application of J AND B DESIGN, INC. and VILLAGE SHOPPES
ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 3157 Virginia Beach Boulevard
DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of JAND B DESIGN,INC. and VILLAGE
SHOPPES ASSOCIATES,LLC for a Conditional Use Permit re tattoo
parlor at 3157 Virginia Beach Boulevard(GPIN 1497057220) DISTRICT
6—BEACH
The following conditions shall be required:
1. 4 business license for the Tattoo Parlor shall not be issued to the applicant without the approval
of the Health Department for consistency with the provisions of Chapter 23 of the City Code.
2. The actual application of tattoos shall not be visible from the exterior of the establishment or
from the waiting and sales area within the establishment.
3. JVhen installed, the wall sign shall be substantially conforming in size and appearance to the
elevation drawings included in the submitted sign package on page 6 of the report and prepared
by IDF PENSIGN. A separate sign permit shall be obtained from the Planning Department for
the installation of any new signs.
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 10`h day of July, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M Dyer,
Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
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79
Item—VI-J.5
PLANNING
ITEM#68310
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, CityCouncil APPROVED, AS
CONDITIONED, BY CONSENT, Application of THE LASH CEO, LLC and SIFEN
DEVELOPMENT COMPANY, INC.for a Conditional Use Permit re tattoo parlor at 1060 Lynnhaven
Parkway)DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of THE LASH CEO,LLC and SIFEN
DEVELOPMENT COMPANY,INC.for a Conditional Use Permit re tattoo
parlor at 1060 Lynnhaven Parkway(GPIN 1496113563)DISTRICT 3-
ROSE HALL
The follaiwing conditions shall be required:
1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval
of the Health Department for consistency with the provisions of Chapter 23 of the City Code.
2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, the
application of permanent make-up. No other form of tattooing shall be permitted.
3. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
4. The proposed wall-mounted sign shall have a white background with black letters and a gold
logo as depicted on page 6 of the report. Any on-site signage for the establishment shall meet the
iequirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display
4r similar sign installed on the exterior of the building or in any window, or on the doors.
Window signage shall not be permitted. A separate sign permit shall be obtained from the
Planning Department for the installation of any new signs.
This Orinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 10th day of July, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer,
Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
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Item—VIJ.6
PLANNING
ITEM#68311
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, APPROVED,AS
CONDITIONED,BY CONSENT, Application of NINA and WILLIAM GILBERT for a Conditional
Use Permit re residential kennel at 5716 Blackwater Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NINA and WILLIAM GILBERT for a
Conditional Use Permit re residential kennel at 5716 Blackwater Road
(GPIN 1398176071) DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. No more than fifteen (15)adult dogs shall be permitted to live on the property at any time.
2. 411 animal waste shall be collect&d and disposed of in a lawful manner on a daily basis.
3. All dogs shall be current with all required shots and shall be properly licensed through the City
of Virginia Beach.
This Ordnance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 10`h day of July, Two
Thousand Eighteen.
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer,
Barbara M. Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council;Members Absent:
None
July 10, 2018
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81
Item—VI-J.7
PLANNING
ITEM#68312
Upon motion by Vice Mayor Wood, seconded by Councilman Uhrin, City Council, ALLOWED
WITHDRAWAL, BY CONSENT, Application of HALLE PROPERTIES, LLC and GOPA THREE,
LLC for a Conditional Use Permit re automobile repair garage at 620 First Colonial Road, DISTRICT
6—BEACH
Voting: 10-0
Council Members Voting Aye:
Jessica P. Abbott, M Benjamin Davenport, Robert M Dyer,
Barbara M Henley, Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, John E. Uhrin, Rosemary Wilson and Vice Mayor
James L. Wood
Council Members Absent:
None
July 10, 2018
82
ITEM VI-K
APPOINTMENTS
ITEM#68313
BY CO ENSUS, City Council RESCHEDULED the following APPOINTMENTS:
2040 VISION TO ACTION COMMUNITY COALITION
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION
COMMUNITY ORGANIZATION GRANT(COG)AND ALLOCATION REVIEW COMMITTEE
COMMUNITY POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INVESTIGATION REVIEW PANEL
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION
PARKS AND RECREATION COMMITTEE
PUBLIC LIBRARY BOARD
OLD BEACH DESIGN REVIEW COMMITTEE
STORMWATER APPEALS BOARD
July 10, 2018
83
Item-VI-N
ADJOURNMENT
ITEM#68314
Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:53 P.M.
aro
Chief Deputy C" Clerk
Lith/4./, rk
Amanda Barnes, MMC Louis R. Jones
City Clerk Mayor
City of Virginia Beach
Virginia
July 10, 2018