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HomeMy WebLinkAbout11-20-2018 FORMAL SESSION MINUTES .44 "ga b. arc ,t rU r t Lam. - 0' OUR Rhl'O VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 20, 2018 Mayor Robert M. Dyer called to order the CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP on the FIVE-YEAR FINANCIAL FORECAST in Building 19, Tuesday, November 20, 2018, at 3:00 P.M. Council Members Present: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R.Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport Out of Town School Board Members Present: Chair Beverly M. Anderson, Vice Chair Joel A. McDonald, Daniel Edwards, Sharon R. Felton, Dorothy M. "Dotty"Holtz, Victoria C. Manning,Ashley K McLeod, Kimberly A. Melnyk, Trenace B. Riggs, Carolyn T. Rye and Carolyn D. Weems School Board Members Absent: None 2 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 3:00 P.M. Mayor Dyer welcomed Greg Grootendorst, Chief Economist—Hampton Roads Planning District Commission (HRPDC). Mr. Grootendorst expressed his appreciation to the City Council and the School Board for their continued support. Five-Year Forecast Greg Grootendorst,Chief Economist,Hampton Roads Planning District Commission Farrell Hanzaker,Chief Financial Officer,Virginia Beach Schools David Bradley,Director of Budget and Management Services Hampton Roads Economic Briefing a^ , Presented to the Virginia Beach City Council HAMPTON ROADS Greg Grootendorst nomist,H �� Chief Economist,HRPDC � &• November 20,2018 November 20, 2018 3 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the U. S. Gross Domestic Product with an increase of 23.8%from the recession low in 2009: U.S. Gross Domestic Product 19,000 18,500 Current Value:$18.7 TrllNan---110's Prerc cess High: 18,000 -- $15.8 Trillion 17,500 IIII 17,000 °°° —_ 15Tnlow : 16,500 $15.1 Trillion16,000 11111111111111111 /111111101111 5 is,s00 — ll1llI GOPs28%frrecession lla,soo14AooI, - -- 1. .1 1 1 1. 1 ,L�,LV ,�F4 4F153+'1°+°'1°+'L°+'L°+'Lti.'l.S'L°+^i'L°.,b .O'L°+h'L°+, 4''1°+b'Y°+1'L°+1'L°4''l°+0 Sm,,.e tiu,«o or Economic Malys.and Havoc flphre The U. S. Non-Farm Civilian Employment increased 1.7%from the recession low in 2009: U.S. Non-Farm Civilian Employment 155,000 Prerecession High: Current Value: 350,000 -138,432,000 149,750,000 145,000 11111 111111 Recession Low 140,000 -.. 134 000 • 119,733,000 1111111 00010111VIII IIII II 1111 130,000 .— .- - 1l111l111111!ll111�l II!!!II IIliii iiiiiiiiIIIII i!!!!!t..:...:., 124 000 _ ,_ Payroll employment has grown steadily at an annualized rate of10000, 120,000 - 1.7%since the recession low. qac o� �� pQ �' CP' 4PR $� 4 vil'"e OL" l`1 5W,..Bureau of labor 5014014 and HnPDC PLA November 20, 2018 4 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) The U S. Unemployment Rate is trending at 3.7%which is considered full employment: U.S. Unemployment Rate 12% Prerecession low: Rece 00 High: io 4.4% 1 10.0% 1096 j 6% 6% IIIIIIIIIII mua:IIII IIIIIIII(I Current Vel3.7% 14% IIIIIIIII!,I 111.11111I II VIII I Fd Thebeen unemployreducedmbyentover rate has IE half since ® .' 2% th height of the recession and is I row well below re-recession Ieelsl"I 111 111 p't ,40 ,S3% „SP t{si ,s0 ,y'Y ,y's ,s'L ,y'S ,�'S ' ,Yh 4, �,a ♦ale �f' la ref' �a'Y ia� rf`�4,a'y qac 4* tea, .5ac` r.F� __Source:w,...a Labor suaso,w wxroc The S&P 500 Stock Market Index overall is up 270%from the recession low: S&P 500 Stock Market Index 3,500 Prerecession High: Current Value: 3 000 1,549.4 2,722.2 2,500 Recession low: 735.1 2000 . 1,500 11!0111111111 Ii II 1,000 The S&P stock market index is 270%fro� 500 ���f the pre-recession low,and up 76% from the pre recession high 0 - - III III 111111 II 11 III1101 II 11111 I 4,01////414."4/4 /4,47/404.40y ff sw.r..r,noo rwK..�a wxnx POC November 20, 2018 5 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) The recession played a significant role in the Region's Employment Decline and Recovery: Employment Decline and Recovery 10% ....U.S. Virginia =Hampton Roads 8 8% // 6% � 4% Pc 2% // 60% Months Since peak Employment Sawa Bureau d labor Sotoba and WO( agiiiiiiiidaramiiimminialissiii Here is the Inflation Adjusted Gross Product for the Region with a 2.1%decline: Hampton Roads Gross Product $90 $85 $83.681. $81.88 -2.1% e $So 8 $75 al $55 t $50 01, 1,'v"I. 01.'a°, °. d'�tia'%tidy,e 6~~ti�~�ti�~�ti�~o-ti�~ytito 6,'1 _ sw.a:Bu2a�a Et,0onk Matrya,aaa NMROC November 20, 2018 6 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is an Inflation Adjusted Gross Product comparison of Metropolitan Areas with similar population as Hampton Roads: Annualized Growth in Gross Product (Inflation-Adjusted) 7% O. N 5% ! _ Hampton Roads:0.8% 6 4% iiiill R 3% Ws 1% 1111 11111 flhI1iu-irnjIflhI . 1% d,ey�c,00 o,,`e°,e0. a‹,b,.a,,£,���( 3Q'�N' � ,,,4 0 5,,tpc5,5 e. ,,iip.,,kP°�45°J65.P,“..te C ,x(414-44 LV 54%5"0 .&C OP`aPSe�M'UP..e�5yt'`�""�4:40�T'� a Qd` Q rp Sc., 7. 4:§ea> 4 Qrz 0 .fie V' ll-,le O ,re Metropolitan Areas with Population between 1 and 4 Million Source.Bureau otEmromic Malys,s,,nd HRRIX ei The Regional Nonfarm Civilian Employment has recovered from the 50,000 jobs lost during the recession with an increase of 1,600 additional jobs: Nonfarm Civilian Employment (Jobs) in Hampton Roads 800 790781,600 Jul,2007 1 70 ---� -___ _/1 9 S 770 a 760785,400 Sep,2018 1 750 v 740 1 730 Tx 720 _-__ 720810 �, `.. A700 Fib,2010. 710 i A -5 h A A p ~ti N'2'.. NV 1la~ >a~ I so,„a a„«nor E,Bo,smnoa e,e HRRoc November 20, 2018 7 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the Regional Employment Change for industries between August 2008 and 2018: Hampton Roads Employment Change August'08—August'18 Healthcare&Social I I ‘ Federal Government Scientific&Technical i al Leisure&Hospitality :°.... .. . 11 Other Services Management Education Services j Transportation&Utilities Finance&Insurance 7 State Government Administrative&Support Retail Trade Egi Manufacturing Mei I Real Estate&Leasing Wholesale Trade Information aMIIIIIMil Construction Local Government _ ____i. !.... _.._.._ _... .. ,Jo Change in dQ dQ ° cf: f CFP i, C. ',•7• h• o• h O• Employment • ~ Source:Bureau ol labor SUtn.ard HRPUC Here is the Regional Employment Change for industries between August 2017 and 2018: Hampton Roads Employment Change August'17—August'18 Scientific&Technical iI Manufacturing Administrative&Support • - Leisure&Hospitality I11111111111111.111111111111 : Management .I Refill Trade I Transportation&Utilities Other Services Construction4 L State Government S Wholesale Trade Iii Finance&insurance I ! Information Federal Government� Real Estate&Leasing Education Services ' Local Government Healthcare&Social I uw ,p ,,p ,p O ,,p ,p ,,p ,,p ,,p Change In , ,tiGY ,yW ,tiQ' rtiC!' ,�C bC yC Employment Source:Bureau of labor Rads.and HRPBC L - November 20, 2018 8 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the Relative Per Capita Income's showing the Region currently at 96%: Relative Per Capita Income —skareavrionott r 105% '---- -----. - --- -- -- e 100% 95% -- -— - r—-l..--..---- - —. 90% -- --- -- -- -- 85% — ,�� i i 80% _ - -------- -.- �.. u 10596 92% 96% N4*C SI'tititie NON'le ti°'4 e sc'el,tiro ti�~~ti�1a _ Sou,�.BureauW Em,ank Nxly,i.,.M»BPOC Here are the Median Family Incomes showing the Region above the national average: Median Family Incomes $90,000 in Hampton Roads U.S. $80,000 $70,000 $60,000 - o°$50,000 — rs El$40,000 IEE0: i[ITTITII_- ti°'45 45'P ry6'di' \ �'�ti�ti�'�ti�~1ti�•;) 4, 4. 4,p4, November 20, 2018 9 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) The Annualized Real Defense Outlays indicate the Federal Government's spending: Annualized Real Defense Outlays (U.S.Quarterly Data,Seasonally Adjusted) $1,000 $ - War on Terror 80's Cold ,^. $800 War Vietnam $700 Korean War Buildup $600 W $400 O $300 $200 $100 �,.. y'L ; Ati �1 9' 1 01 ." soy,«.aN�,�or e«�K.w;ra,�a xnvx fPrAc Here is a comparison of Military Personnel employment in the U.S. and the Region over the past 49 years: Military Personnel in HR and the U.S. 160,000 4,000,000 ma Hampton Roads U.S. 140,000 - -- -- - -- 3,500,000 I'120,000 . 3,000,000 0 u 100,000 - 2,500,000 c a in 80,000 - - 2,000,000 3 f 60,000 — — 1,500,000 9 9 40,000 - —-- — -- -— -a- 1,000,000 m 0 � 20,000 - - — — 500,000 E $ 0 ,p _ _. 0 tie'r�i1ry'�v'1".6\‘b'eSce'il'� »�.a.�,�or Ka,om.iwpo.,oa xavoc /ECIC November 20, 2018 10 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) The Military employment has had a decline due in part to the rise in defense contracts. It is predicted that the Region will continue to see a rise of defense contracts in 2019: Defense Contracts in Hampton Roads (Inflation-Adjusted) $12,000 N`m_$8,000 --- --- -- -_ ____ 1!EE — - $0 '"454''0C31 'e"154\45C'LOS. , ,, ti .., "I, 1, 1, 194' Fiscal Year Ci Sova.USWe d,m gO,.M NRPOC As international trade increases, so does cargo in the Region's ports. The decline in ships and the increase of containers is due to the larger ships being used: General Cargo in Hampton Roads 25 u Exports ■Imports 20 I Containers:s: Ships: j .15 in 10 V Share: 411+ s f 0Ac5cy ,o '1°jtro'1' '1'4'L'1g4,y yo'$6'1, 'tial' 'ti9'� 'l, .5, 'L�o.5, 'LD.ti'L'Y, ,FPCSouyte rm dr n„nd WPC November 20, 2018 11 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the Inflation Adjusted Tourism Expenditures in the Region showing an increase of 13.2%: Tourism Expenditures in HR rif $6.0 13.2% $5.0 ! :: III Hotel Revenue: $2.0 Dawn 2.9% Employment: c in 10 Years Up 6.6% m $1.0 in 10 years $0.0 tiv . ti ry�1 �aCCYYA�OatiO ti�1,ti�~�ti�1�1O,Sb o,,y ti0�0 Cit v- Le.YnDMaTourivn Cwpora4onaM XRPo( The Region's Retail Sales Inflation Adjusted annualized growth has declined 1.1%since 2006: Hampton Roads Retail Sales $2.2 +11.8% -61 $1.8 -12.7% c2 o 5 $1.6 llh ' dI 11 '9' I� �liil IMI Annualized growth rate of:1.2%since 2006 a" $1.4 inflation adjusted annualized growth rate of-1.1%since 2006 $1.2 cp1PC5 X55, �o (<4.' cy �b �1 c� Ia Na %a �a �a �a Scarce_YIrg.a Deparenant of Tauton ana HRPDC November 20, 2018 12 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is a comparison of Home Price Indexes between the Region, Virginia and the U.S.: Home Price Indexes 30% 25% = 20% --- —Hampton Roads c / w Virginia 159' .c 10% -------- – U.S. " Y` a -10% c 'L�o 'Ll if 196' L 0'ti 1 0-N"' &'L° 01 L° 'L L°,ti0 'til' ,tib ,tiro ,tiA — Souu.iar HownB frune 48mry antl HRPDC The NAHB/Wells Fargo Hampton Roads Housing Opportunity Index indicates housing affordability: NAHB/Wells Fargo Hampton Roads Housing Opportunity Index 100 90 • c a asE 40 -__. -____-._-_--_ - . O § 30 E" 20 _.. p 2 10 0 OS 01 01 01 01 01 01 01 01' 01 01 01 01 OS %f ',c'h 1 4,4'1, '5. 1. 1. 1 °titi ry°tip °'h °tip November 20, 2018 13 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Hampton Roads is the 37`h largest metropolitan area in the U.S.: Hampton Roads Population 2,000,000 , 1,800,000 _.__. _..... 2037—1,729,326 1,600,000 1,400,000 — — — - - O 1,200.000 1960-927,854 — • 1,000,000 — - +— - - — — --a - + ►- a O 600,000 - 600,000 (Ii II — — - — 400,000 200,000 1.8% 0.9% Oke% 0.6% 0.5% o - — S -;.co 1,,.h �y� ti��y ti S t, ti votio tio�y y $wmM W im:Weldon Cower Cfor eawlrs,u aROOM Ji Here is Hampton Roads Population Histogram: Hampton Roads Population Histogram 85 years and over - 80 to 84 years ' Ic•e.fe::) 75 to 79 years Silent 70 to 74 years 65 to 69 years 60 to 64 years Boomers 55 to 59 years I50 to 54 years • 45 to 49 years irSOMMMEM • 40 to 44 years Gen X -- _ m 35 to 39 years 30 to 34 years at 25 to 29 years enalanaMENNIMMIa 20 to 24 years 15 wig yearn Millen ttt�t�tr 10 to 14 years ,Females 5 to 9 years Next.. fir_ Under 5 years Males 100,000 50,000 0 50,000 100,000 Population :o„rm�:.r�ma,e�reaaa�aaa,M _ rl F November 20, 2018 14 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is a comparison of Graduation Rates between Hampton Roads and Virginia. The Region is below the state average however; it is important to note, the City is above the state level: Graduation Rates 100% 90% $ 80% m ! iiffiuiftIL 60% 30% MI Hampton Roads et 20% — —_ Virginia Graduation Rate 10% —Virginia Graduation Rate-Cohort Al g o o NAl o $ 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N e Dates are Graduation Rates Calculated Using the Cohort Method Saw<e.virb��RWrtownt of Fduution and RRroC The Region consistently spends less per pupil than the state average: Per Pupil School Spending (Inflation-Adjusted) $14,000 lid Hampton Roads —Virginia $12,000 $10,000 $8,000 _ _ - I f IR $6,000 - ._. - _. _. --- --- R c $4,000 - -- - -- o $2,000 0 N M < an to n W E o N m v In to n 0 0 O O 0 0 0 N 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 N N o 0 0 0 0 o N IN N IN N N Sora.Virorna Departmental l4wte,Bureau of Economic analysis aM RRRDC PDIC November 20, 2018 15 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is a comparison of Education between Hampton Roads and Virginia: Education Hampton Roads U.S.Average Highschool Equivalence 91.5% 88.0% College Attainment 32.1% 32.0% Graduate or Professional Degree 12.3% 12.3% Government Finances 160% 140% 120% -- ---- ------- ------------ — - -- eo%100% 0% Qca�OxY ep ..ocfax pc Q��w�`tc' P sa`cc 1tc�efi oc II tSa r„aK �n.�e Havoc November 20, 2018 16 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here are the Quality of Life statistics in the Region compared to the U. S.: Quality of Life in Hampton Roads Hampton Roads vs.United States Violent Crime 86% ✓ Poverty Rate 87% V Ozone Levels 89% ✓ SW I¢'.Pud1q W RNtlr Raaunn aM NRRD[ Here are the results of the 2017 American Community Survey Data for Hampton Roads: 2017 American Community Survey Data for Hampton Roads HR Rank in the Comparable Metro Areas Highest Vaue Lowest Value 8.3% %of Labor Force in the t •» Armed Forces 45.9% %Who Worked Outside -, C= •„ County of Residence %of Population that Moved + r— • » 18.396 in the Past Year $32,493 Per Capita Income t 1 32.1% %of People Who Have a , 1. 110 Bachelor's Degree 36.1 Median Age ' t :40 3' Gini Coefficient (Measure of .45 Income Equality) ' t „ November 20, 2018 17 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the Virginia Beach Population Histogram showing the largest age group is between 25 and 29.• Virginia Beach Population Histogram - AS5 years and e ,. SO to li4 years -. 75 to 79 years � ' 70 to 74 years 65 to 69 years 60 to 64 years 55 to 59 years 50 to 54 years 45 to 49 years 40 to 44 years 35 to 39 years 30 to 34 years 25 to 19 years I 20 to 24 years i 15 to 19 years 10 to 14 years _ ■Female 5 to years ■Mak Under years 30,000 20,000 10,000 0 10,000 20,000 30,000 Source:US.Census Bureau and HMOC Here is the City's Population Growth currently at 453,628: Virginia Beach Population Growth 500,000 450,000 453,628 400,000 350,000 _..... — 300,000 --__.._._._.__ .._.-------_._�— •___..�._—. 250,000 85,218 - 200,000 150,000 100,000 50,000 II- - 0 -- —- — - — Source-.Weldon Cooper Center MMHRPUC November 20, 2018 18 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here are the Population Growth Rates for the Region, Virginia, U.S. and the City: Population Growth Rates 7.0% g \ —Hampton Roads 8 \ Virginia 11 5.0% £ `v / /`\ E3 , United States ta 4.0% % • i� ~ —�Virginfa Beach 3 3.0% 1.0% — .e • \,a"96 0 'vaF. n F., F S 03 SeN 0 0 03 0 8 F. S F &' S2 F 8 8 8 0 0 0 0 bwce.Weldn C Cent,.US.Cewnaureau.aM Nero[ Here is the City's Industry Employment with Accommodation and Food being the largest: Industry Employment in VB Undisclosed Accommodation and Food ' Retail Trade �� Health Care&Social Ast. ��®�� Educational Services Professional,Scientific&Tech i— I I Administrative&Support Construction Finance and Insurance Public Administration Other Services Manufacturing Arts,Entertainment&Rec llaRMOM Real Estate&Rental&Leasing Wholesale Trade MINIM Information Managementof Companies Transportation n Warehousing Agriculture,Forestry&Fishing 0 5000 10000 15000 20000 25000 30000 . saRe-.a,rt,.a teen,semn,.ne aavoc November 20, 2018 19 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the 10-Year Change in the City's Employment: 10 — Year Change in VB Employment Agriculture,Forestry&Fishing Health Care&Social Ast56111121111' �'� Accommodation and Food Arts,Entertainment&Rec Public Administration Professional,Scientific&Tech ! I Management of Companies Other Services Educational Services Finance and Insurance Manufacturing Retail Trade I I Transportation&Warehousing j Administrative&Support Information Real Estate&Rental&Leasing I Construction Wholesale Trade -40% -20% 0% 20% 40% 60% 80% k al�a�}I Source:Bureau of labor Stem.aM eRKK Here is a comparison of the City with the Region, State and U.S. The City has the lowest numbers in unemployment rates, not in labor force, 10 year population growth and average family size and the largest number in median household income: How Does Virginia Beach Compare? Virginia Beach 2.e% 30.1% 2.t% 5.6% 65% 3.10 36.2 Hampton Roads 3.3% 32.9% 0.6% 5.8% 5 60,059 61% 3.14 35.6 Virginia 3.0% 33.8% 4.8% 9.0% $ 66,149 66% 3.11 37.8 United States 3.7% 36.S% 6.3% 8.1% 5 55,322 64% 3.24 37.7 limo via wa Rama smossim November 20, 2018 20 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the U.S. Civilian Employment chart with the vertical lines depicting previous recessions indicating we are approaching the longest time between recessions: U.S. Civilian Employment 160 140 I 1 120 100 80 C 60 C 40 20 9 Years 30 Years I j 9.5 Years I) ph �O hh 00 0, 4S 4, $Q , 4, 's ' qac ,O05'') yc qac '5 lad ,0C lac - pyo �,R 4`43 dad •Recessions sa„a wb�,ie�,�,.of Eo�omn�,.sn.w,,,.a�no.sua,co,�a xnnoc Here is the Forecast of U.S. Gross Domestic Product: Forecast of U.S. Gross Domestic Product 8% o% ISI- II IIIII.1ii1,ihII IIih11iI11II11f -6% -8% & & & 1 1�� 1 1� 1p1� 1�ti, 111 1�~1 1�1p 1�tiy 1d'6 1�'� 110 lso sw.a.atm rn�E<onwnic Inaiuron,na xnnoc November 20, 2018 21 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the Federal Budget Deficits showing a prediction of debt increase: Federal Budget Deficits $400 lf $20o Forecast g :$2$400 00filliir Iiiiil piiij I 111111 - $600 r i -$600 f N1111On-Budget Deficit -$1.000 I7Total Deficit 5 $1,200 i -$1,400— _ _.—_ ._ m -$1,600 ----- -$1,800 —. _-- - __._ ti,A se�,.b Sb y��4A ry8'1 ry,.t•10 ti,ryO,10 le,,ryo4,le..",,, KK'' �ufP� 33�� QQ'' QQ'' QQ'' Here is the commuting pattern for the Region showing approximately 50%of individuals travel outside of their jurisdiction between work and home each day: CommutiHamptonng Roads mem.. I Commutkag Patterns w all Jurlsdktiau rte.„a„�.,..r W // -'. r O `i fes• 'i, y ;c, � i Sources:HRPDC,HRTPO,and the U.S.Census Bureau r— —11MMINEMMINNEMIIMMENI November 20, 2018 22 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is the commuting graph for the City showing 25%of the working population come from a different jurisdiction: tbatpbn Roads - comm. i Commuting Patterns -.,� .alis r at by.hwbcActfon: — — Virginia Beach — — — 41/41 � • i ,\ pi,,,zintiX\ eve Sources:HRPOC xmro,aaeweus.Census Bureau Mr. Grootendorst turned the brief over to Farrell Hanzaker, Chief Financial Officer—Schools, to provide the Schools'Operating Budget. Mr. Hanzaker expressed his appreciation to City Council for their continued support: Schools' Operating Budget November 20, 2018 23 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is VBCPS'Key Budget Assumptions—Revenue Highlights with state taxes increasing gradually from 2.5%in 2019-20 to 3%in 2023-24: VBCPS' Key Budget Assumptions Revenue Highlights Local,State and Federal Revenue p• This forecast reflects increases in revenue at the state and local levels and continues to reverse the impact of significant cuts VBCPS has sustained since 2008 362t•22 State Shared Sales Tax +2.5% +2.75% +2.75% +3.0% +3.0% Other State Revenue +25% +2.75% +2.75% +3.0% +3.0% Local Revenue(RSF)' +1.06% +2.24% +2.27% +2.25% +2.25% Federal Revenue - - - - - Other Revenue Sources ► Anticipate reducing the reliance on reversion funding by$1 million each year of the forecast period Here is VBCPS'Key Budget Assumptions—Expenditure Highlights with a 3%salary increase for FY 2019-20 and 2%increase forecasted each year until FY 2023-24: VBCPS' Key Budget Assumptions Expenditure Highlights Personnel Services and Fringe Benefits ► Salary increase of 3.0%for FY 2019-20 and 2.0%for each of the forecast years from FY 2020-23 to FY 2023-24 ► Health insurance rates are projected to rise by 3%each year from FY 2019-20 to FY 2023-24 ► Funding to continue the expansion of full-day kindergarten will be allocated each forecast year from FY 2020-21 to FY 2022-23 Non-Personnel Expenses ► All non-personnel budget line items impacted by inflation are expected to increase by approximately 2.5%each year of the forecast period ► Capital outlay expenditures are expected to increase by approximately$450,000 to purchase five additional replacement school buses each year from FY 2019-20 to FY 2022-23 November 20, 2018 24 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here are VBCPS'Budgetary Goals and Challenges: VBCPS' Budgetary Goals and Challenges The following list highlights examples of factors that place considerable pressure on the School Operating budget. ► Programmatic Priorities-expansion of existing programs or adding new programs(e.g.expansion of preschool and full-day kindergarten) ► Technology-replace broken and aging whiteboards with standalone interactive displays ► Employee Compensation-competitive pay increases,primarily associated with increasing allowances for advanced degrees,reclassifying teacher assistants and moving selected positions to the Teacher Pay Scale ► Employee Benefits-rising costs associated with health care ► State and Federal Mandates-new financial transparency provision in the Every Student Succeeds Act of 2015(ESSA) VBCPS' Budgetary Goals and Challenges ► Lagging State Funding-state budget allocates nine percent less on K-12 instruction than it did in 2005 ► School Safety—need resources targeted to help fund VBCPS'security enhancements and address recommendations from the Blue Ribbon Panel on School Safety and Security ► Structurally Flawed Operating budget strategy-FY 2018/19 marks the ninth consecutive year VBCPS is relying on one-time reversion funds for ongoing expenses($6.8 million) ✓ Enrollment and demographics-slow decline in student enrollment projected to continue November 20, 2018 25 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Here is VBCPS'Baseline Forecast with projected deficits: VBCPS' Baseline Forecast Projected Deficits "1313°°0130 4000: NuuBp ► Utilizing the revenue and 4.000.000 ® AL0E7 mALUE8 090000 expenditure assumptions 900.0000 9009000 00 from the previous slide, /9000000 VBCPS is projecting the 1r/ALUFp following deficits over the 8000°°000 forecast period. 60000000 000000 920000000 093 000 00.0 219000.0°0 11 000.000 700000 Oro 11 11 1 000 003 740 000.000 • 9,20111. Adoptee Fo,e.a_ Here is an overview of VBCPS'Forecasted Revenues and Expenditures: VBCPS' Forecasted Revenue FY 201919 FY 201420 FY 2020-21 FY 202122 FY 20.33 FY 202110 Adopted Forecast Forecast Forecast Re10*Useen.Formula 442.120,415 98.]91,534 150,785,598 487,174873 12],8]1,905 488,438.158 Schools Use of 7800evSand..0 TIF 408.000 409,000 hie - - - From Use of Money and Property 472030 47],003 473003 122000 477.030 477,0100 Chard8.tor Sew., 2,818,638 2,818,838 2,818838 2,818838 2,818638 2.818838 ecell nous Reverse 224.703 220703 224,703 224,703 224,703 224.703 State Shared Sales Tax 75.39.490 ]].228.102 ]9,3518]5 81.531.052 83,980,023 88,489.425 Other State Revenue 2]2.225,0]8 288.228,850 291.149.267 302.238.322 311]05,523 320.611.889 Federal Reaxnue 12.20.000 12.2110,000 12,203000 12.203000 12.200.000 12,200.000 School Reversion/Fund Balance 8.800.000 5.800.000 4.800,000 3.800.000 2.800.000 1800.000 813,117,324 632,223,836 850,805,029 870,185,98 591,475,612 913.100,981 VBCPS' Forecasted Expenditures FY 201910 F Y 201420 FY 202421 FY 202132 FY 202324 Penonnel 399c. 421,393120 95,534,923 498,850,242 501,391,888 520.191.32B 530..7.814 Fnrge Bente FICA 35.882,382 37.143.422 38.009.044 39891870 39.]92,5], 9,580.122 VRS 71,058,250 ]8,131,8]8 ]].801.118 7.715145 81.581.262 83,193.002 Health Mumnce 80.855083 82.475.982 84.119.932 88280.430 88,201.19 7,319909 Lib Insurance 5820,827 9,380.507 8508338 8,850,933 8.114.153 8.950.438 All Other Fdge Benefits 3,299591 3,299,581 3,299.581 3,299581 3.299.581 3.299.581 Caotreclusl Bankes 50,139409 5,391,888 52,87,885 53,093,582 55,343121 50727.002 015e8Charges 54.852,900 58.224.223 57.829.828 5907.574 80.59,331 82.081.022 0.6090000y 5.402,082 5.852.082 13302,082 9752,082 2202.082 8.085.421 Lan.Structures N...ern. 222,52] 222,577 222.577 222.522 222.577 222.577 AYGO 500,000 Dela Sense 41.951320 45.357.892 45,153,910 45,530,058 45,921,988 42807.688 T,ere6n to Other Funds At...Fund 4.524,724 4.924.274 4524,274 4,524,]]4 1,524774 4.524.]]4 Categoncel GreHe 3.813280 3012.280 3712.293 812,280 Green Rin Collegiate Ford 3,803.031 3,910,143 3,970488 1,0 ,188 4.113,32] 41 9 83020 813,117,324 842,040,916 881,022,239 881,028,748 901,98,027 920,106,551 November 20, 2018 26 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Mr. Hanzaker turned the brief over to David Bradley, Director—Budget and Management Services, to provide the General Fund Revenues. Mr. Bradley expressed his appreciation to City Council for their continued support: 50 General Fund Revenues Real Estate represents almost 50%of the General Fund total Revenue. This projected revenue is anticipated to grow 2.7%in FY 2020: Real Estate 5700 5600 $577 5550 5500 5450 5400 $750 5700 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY20 FY21 FY 22 FY 23 f•.. Budget —Actuol —Protector November 20, 2018 27 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Personal Property Revenues are projected to increase by 14%: Personal Property szo $190 E $180 $174 $170 $160 $150 $140 $130 - $120 $110 $100 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 Budget —Actual —Projection General Sales, Business Professional and Occupancy License (BPOL), Restaurant and Hotel taxes make up the City's Consumer Driven Revenues: Consumer Driven Revenues $80 $74 $70 $60 Genera sties -.- $" $50BPOL $x $40 $30 Restowont $20 $9 $10 Notel _ Y FY 14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 • Budget —Actual —Projection November 20, 2018 28 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Telecommunications Revenue is projected to decrease 2%each year going forward: 5�4 Telecommunications sas$33 $25 .- ---- - $22 $20 $15 $10 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 —Budget —Actual —Projection Very little of the State Revenue is applied to the General Fund as the majority is used to reimburse specific programs: State Revenue $140 $170 3 $120 $110 $111 $100 $83 $70 $60 $50 $40 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 17 22 FY 23 FY 24 --8.1081 —Actual —Projection November 20, 2018 29 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Federal Revenues are projected to remain flat: Federal $30 2$28 3 $26 $24 $22 $23 $p $18 $16 $14 $12 $10 FY 14 FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 —Budget —Actual —Protection Here are the Expenditure Assumptions: Expenditure Assumptions ► 3%salary increase in FY 20;2%for following years ► 2.5%inflation each year ► 1% rate increase in VRS every 2 years beginning in FY 21 ► 3%annual increase in healthcare costs ► City CIP and Operating Budget commitments ► Debt based on current debt schedules and projected issuances November 20, 2018 30 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) Historically, the City budgets for full-time employees and uses savings to apply towards CIP projects. This practice will be reviewed to determine if budgeting for attrition will change: Budgeting for Attrition Virginia Beach has historically budgeted for full salaries and used savings from attrition(fund balance)in following years of the CIP In FY 19: s $2.3 million in attrition savings to offset the elimination of cigarette and automobile license tax ► $3 million in attrition savings for horizontal and vertical compression ► Key issues to consider: ► Impact on future CIP ► Flexibility during economic downturn ► Safeguard AAA bond rating Here is the General Fund Expenses and Revenue Five Year Forecast showing a $9.2-Million deficit in FY 2020. The two (2)main reasons is going from 2%to a 3%salary pay increase($4-Million)and accounting for all full-time employees versus for attrition ($5.2-Million): General Fund Expenses and Revenue Five Year Forecast $1.34 $1.306 m $1.31 $1.28 E r� $1.25 $1.274 $122 $1.19 $1.16 $1.152 51.13 $9.214 $17.4M $19.2M $28.5M $32.3M $1.10 FY 2019 FY 2020 FY 2721 FY 2022 FY 2023 FY 2024 —Revenues ---FxPenditures November 20, 2018 31 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) The Median Household Income has remained static, currently at$72,986: Median Household Income $90.000 585.000 $80,000 $75,000 $72 587 $70,000 $85.000 $5,3y_ s60.000$55,000 -- --__- 550,000 $45.000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2017 —Median Household Income --Adjusted lo2007 Dollars The Operating Budget Adjusted for Inflation depicts a loss of$30-Million due to the significant amount of investments that have been made: ,6 Operating Budget Adjusted for Inflation 52.100 $2.000 51.915 $1.900 $1,800 $1.700 $1,611 $1,828 $1,623 $1,600 51.500 $1.400 $1,300 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2017 2018 2019 Fiscal Year —Budget —InfaSon Adjusted(Constant Dollars) November 20, 2018 32 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) This chart depicts the growth rates for the City Operating Budget vs Median Household Income: City Operating Budget vs Median Household Income 18.10°.0 5=_ ,f 5% 0% 2007 2008 2008 2010 2011 2012 2013 ._,a 0 0 ,0 E —Operating Budget Grow. Median Household Income Grow. Here is a comparison chart of cities within the Region showing Virginia Beach having the lowest tax burden: Relative Measures of Tax Burden Relative Measures of Tax Burden Locality Per Capita Expenditures as a%of Per Capita Income Virginia Beach 6.32% Chesapeake 7.21% Hampton 9.36% Newport News 9.39% Norfolk 8.84% Portsmouth 9.44% Suffolk 7.39% November 20, 2018 33 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) The possibility of a recession is being closely monitored as the next recession is projected to occur between 2020 and 2021: gyp, Future Recession? Change in U.S.Employment Recessions as 8 ss w 1S 20 10 I .10 0 25 50 ?S 100 22 Mo 20,ho. slut of mclswn ♦MS.111It 1117*1N14 IN1♦1171.INS*INI s Ira.2N1410 lN7 Souru 1ednM leer...: Here are the "Closing Thoughts": Closing Thoughts ► Regional economy improving but still lagging behind other MSAs ► Budget process will address deficits ► Future decisions Decision on compensation increases Budgeting for attrition Possible recession on the horizon? Enterprise Fund discussion forthcoming(March) November 20, 2018 34 JOINT CITY COUNCIL/SCHOOL BOARD WORKSHOP FIVE-YEAR FINANCIAL FORECAST ITEM#68616 (Continued) { Questions ? Mayor Dyer expressed his appreciation to Mr. Grootendorst, Mr. Hanzaker and Mr. Bradley for the presentation and their continued work. The City Council/School Board Joint Workshop ADJOURNED at 4:34 P. M. November 20, 2018 35 w .? Osa x4 i_` OLR h �M t LS�n�.a�'d VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 20, 2018 Mayor Robert M. Dyer called to order the CITY MANAGER'S BRIEFING, in the City Council Conference Room, Tuesday, November 20, 2018, at 4:20 P.M. Council Members Present: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport Out of Town November 20, 2018 36 CITY MANAGER'S BRIEFING VB BIO UPDATE ITEM#68617 This brief was re-scheduled to December 4, 2018, due to time constraints. November 20, 2018 37 CITY COUNCIL COMMENTS ITEM#68618 4:20 P.M. Council Member Henley advised she attended the Coastal Resilience Sub-Committee meeting last week. The Committee is submitting Legislation, "Solution for Coastal Flooding Regional Green House Gas Initiative". Revenues are expected to go to localities for flooding and sea level rise. City Council submitted similar legislation that needs to be pushed to help with the City's flooding package. Council Member Henley was proud to say the Committee is doing good work with consistent attendance that includes representatives for both Senators Kane and Warner. November 20, 2018 38 CITY COUNCIL COMMENTS ITEM#68619 (Continued) Council Member Abbott advised on November 17, 2018, she represented the City at the 26`"Annual Tennis Ball sponsored by the Achievable Dream Academy. It was a great event where several teachers were recognized with her husband being one of them. She expressed it was nice to share a table with several City staff members and get to know them. November 20, 2018 39 CITY COUNCIL COMMENTS ITEM#68620 (Continued) Council Member Wilson advised with Amazon's newest headquarters coming to Northern Virginia, the state will be putting a lot of money into technology education for grades K-12 and community colleges. She encouraged Council to be engaged as the City is in a great position to take advantage of the educational money with the fiber optic cables, Corporate Park, the new Cyber Security Company and 250 jobs that will be in place. November 20, 2018 40 CITY COUNCIL COMMENTS ITEM#68621 (Continued) Council Member Moss advised he learned of a company name Perrone Robotics located in Crozet, Virginia. They are operating twelve (12)shuttles that will be autonomous vehicles, there will be drivers in them but the vehicles are autonomous. He believes it is worth looking into to see if the City can learn their best practices and apply them here. November 20, 2018 41 AGENDA REVIEW SESSION ITEM#68622 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Resolution to MOVE and RESCHEDULE the January 1, 2019 Regular meeting of the City Council to January 8, 2019 with the time and location to remain the same 2. Ordinances to AMEND City Code Sections: a. 21-353 and 21-354 re Cavalier Shores Neighborhood Residential Permit Parking (Deferred from November 7, 2017) - Requesting to Deferred to February 5, 2019 b. 23-48 and 23-50 re open storage of rusted,junked machinery, equipment, grass and weeds on parcels of land zoned for or in active farming operation 3. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Non-Binding Memorandum of Understanding(MOU) between the City and the African American Cultural Center,Inc. 4. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned property for up to five (5)years: a. Dawley Family Farms,LLC at 2865 Indian River Road b. Scott Morris Farms, LLC at 3180 New Bridge Road c. Dawley Family Farms, LLC at 2325 Salem Road 5. Ordinance to GRANT a Non-Exclusive Franchise to Globalinx Data Center,LLC re install, maintain and operate telecommunications facilities within the public streets and rights-of-way 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Sand Broad Inlet at 2821 Wood Duck Drive re construct and maintain an open pile pier and boat lift 7. Ordinances to ACCEPT and APPROPRIATE: a. $15,570 to Emergency Medical Services (EMS) re purchase additional equipment and medical supplies b. $1-Million from the Federal Emergency Management Agency(FEMA) to the FY2018-19 Fire Department Operating Budget re mobilization of the Virginia Task Force 2 Urban Search and Rescue Team for Hurricanes Florence and Michael November 20, 2018 42 AGENDA REVIEW SESSION ITEM#68622 (Continued) 8. Ordinances to APPROPRIATE: a. $3.5-Million in General Fund Balance and TRANSFER$900,000 from Upton Drive Extended and Dam Neck Station Improvements to Beach Replenishment II b. $150,000 from the Sheriff Office Commissary Account to the FY-2018-19 Operating Budget re replacement of the CareMart Warehouse Management System c. $25,000 donation from the Dowley Family Foundation as a contribution to the refurbishment of the 7th Street Stage and to AUTHORIZE a plaque upon the stage honoring Pharrell and Helen Williams ITEM#2a WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 5, 2019 ITEM#2b WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER HENLEY FILED A DISCLOSURE FOR ITEM#4b ITEM#7b WILL BE CONSIDERED SEPARATELY November 20, 2018 43 AGENDA REVIEW SESSION ITEM#68622 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. 1625 GENERAL BOOTH BLVD,LLC/SUNTRUST BANK for a Conditional Use Permit re car wash facility at 1625 General Booth Boulevard DISTRICT 7—PRINCESS ANNE 2. ROY E. &IVY C. CASKEYfor a Conditional Use Permit re residential kennel at 133 South Kellam Road DISTRICT 4—BAYSIDE 3. BMVS,LLC for a Conditional Use Permit re bulk storage yard at 2572 Horse Pasture Road DISTRICT 3—ROSE HALL 4. SECTORSITE,LLC/DRD,LLC for a Conditional Use Permit re communication tower at 3386 Holland Road DISTRICT 3—ROSE HALL 5. LARAE TUCKER/ROAN,LLC for a Conditional Use Permit re automobile service station a portion of 1093 Laskin Road DISTRICT 6—BEACH 6. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 111 re definition of dwelling, attached/townhouses b. Section 402(A)re single-family dimensional requirements ITEMS FOR RECONSIDERATION FROM OCTOBER 16, 2018 CITY COUNCIL MEETING 1. CRESPO ENTERPRISES,INC. d/b/a ROADRUNNER TOWING& AC ENTERPRISES, INC. d/b/a LOGAN'S TOWING/5312 VIRGINIA BEACH BOULEVARD,LLC for a Conditional Use Permit re bulk storage yard at 5312 Virginia Beach Boulevard DISTRICT 2— KEMPSVILLE 2. GRIER HAHN ENTERPRISES,INC./POOLE'S DOCKSIDE,LLC for a Modification of Conditions re commercial marina at 3311 Shore Drive (Approved April 22, 1974)DISTRICT S —LYNNHAVEN 3. NOFISAT TAYO& BOLUDE JONES KOMOLAFE for a Conditional Use Permit re family day-care home at 1961 Arlington Arch Drive DISTRICT 1 — CENTERVILLE 4. MARY BOZARD/THOMAS LEE BOZARD for a Conditional Use Permit re residential kennel at 2880 Indian River Road DISTRICT 7—PRINCESS ANNE 5. MAVIS BAHADOSINGH& NICHOLAS GRADY for a Conditional Use Permit re family day- care home at 1605 Cliffwood Drive DISTRICT 3—ROSE HALL November 20, 2018 44 AGENDA REVIEW SESSION ITEM#68622 (Continued) 6. THE EDGE SPORTS,LLC/FAIRFIELD TIC,LLC;BCP TIC,LLC;DMF TIC,LLC; GCK TIC,LLC for a Conditional Use Permit re indoor recreational facility at 5258-A Fairfield Shopping Center DISTRICT 2—KEMPSVILLE 7. PRINCESS ANNE MEADOWS,LLC/WILLIAM& JAMES SNOWDEN for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-10 Residential and Modification of Proffers at the 2800-2900 Block of Princess Anne Road(Dated September 22, 2015)DISTRICT 7 —PRINCESS ANNE 8. ANDERSON'S VIRGINIA BEACH,LLC/AGI-VB HOLDINGS,LLC for a Conditional Use Permit re outdoor recreational facility at 1925 Fisher Arch DISTRICT 7—PRINCESS ANNE 9. JASMEEN GOULD/CRUZ LIVING TRUST for a Conditional Use Permit re family day-care home at 4440 Pissarro Drive DISTRICT 3—ROSE HALL 10. KYLE W. & BAILEY B. FETT for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 633 Princess Anne Road DISTRICT 7—PRINCESS ANNE 11. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton Station Strategic Growth Area Master Plan 2009 and AMEND the Executive Summary, Sections 1.2 (Urban Areas), and Chapter 3 (Plan Implementation and Agenda for Future Action) of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan ITEMS DEFERRED FROM NOVEMBER 13, 2018 CITY COUNCIL MEETING 1. KIRBOR,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 3716 West Neck Road DISTRICT 7—PRINCESS ANNE 2. DAM NECK STORAGE PARTNERS,LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7 —PRINCESS ANNE PLANNING ITEM#3—BMVS,LLC WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 11, 2018 ITEMS DEFERRED FROM NOVEMBER 13, 2018 CITY COUNCIL MEETING ITEM#2-DAM NECK STORAGE PARTNERS,LLC WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 11, 2018 November 20, 2018 45 ITEM#68623 Mayor Robert M. Dyer 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) • Centerville District LEGAL MATTERS: 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) • City of Virginia Beach v. West Coast Properties Group, LLC 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 November 20, 2018 46 ITEM#68623 (Continued) Upon motion by Council Member Jones, seconded by Council Member Kane, City Council voted to proceed into CLOSED SESSION at 4:56 P.M. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane,John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport Closed Session 4:56 P.M. - 5:54 P.M. November 20, 2018 47 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 20, 2018 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 20, 2018, at 6:00 P.M. Council Members Present: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport Out of Town INVOCATION: Reverend Terry Shuttlesworth Pastor, Dominion Christian Center PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member 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. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. November 20, 2018 48 Council Member 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 Member Wilson's letter of June 2, 2015, is hereby made a part of the record. November 20, 2018 49 ADD ON ITEM#68624 Mayor Dyer requested a moment of silence in honor of Master Police Officer Kelvin Bailey who recently passed away. He served 26 years in law enforcement starting with the Sheriff's Department and then with the Virginia Beach Police Department. He was a father, mentor and a model public servant, he will be sorely missed. November 20, 2018 50 ADD ON COUNCIL PRESENTATION ITEM#68625 Council Member Jones presented Debbie Collins and Judy Faro—Mayor's Executive Assistants, with a picture of City Hall to recognize both ladies for performing an outstanding job since March 2014, with emphasis on the past six months assisting him and Vice Mayor Wood. They have proven to be loyal and outstanding members of our City and have embodied the qualities sought in co-workers and as friends. November 20, 2018 51 ITEM— VI-E CERTIFICATION ITEM#68626 Upon motion by Council Member Kane, seconded by Council Member 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 Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 ON111A•BEA J 0' OUP NP"0*5 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#68623 Page 46 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. ands B"arn k,CMC City Clerk November 20, 2018 52 ITEM— VI-F MINUTES ITEM#68627 Upon motion by Council Member Wilson, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of November 13, 2018 Voting: 7-0 Council Members Voting Aye: Jessica P.Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: M. Benjamin Davenport Council Members Abstaining: Shannon DS Kane John E. Uhrin Sabrina D. Wooten November 20, 2018 53 ADOPT AGENDA FOR FORMAL SESSION ITEM#68628 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 20, 2018 54 ITEM- VI-H.1 BID OPENING ITEM#68629 Mayor Dyer DECLARED A BID OPENING: NON-EXCLUSIVE FRANCHISE FOR THE USE OF CITY RIGHTS-OF-WAY Pursuant to Virginia Code Section 15.2-2102, I will now summarize the bids that have been received for a Non-exclusive Franchise Agreement for the purpose of installing, maintaining and operating telecommunications facilities within the City's public streets and right-of-way. One bid has been received. Globalinx Data Center, LLC has bid: -Five (5)year franchise with four(4)options to renew for five (5)years each; maximum 25 years Are there any persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bid received from Globalinx Data Center, LLC, and recommends that the company be granted the Franchise in support of its data center located in Corporate Landing Business Park, Virginia Beach. November 20, 2018 55 ITEM- VI-L1 PUBLIC HEARINGS ITEM#68630 Mayor Dyer DECLARED A PUBLIC HEARING: NON-EXCLUSIVE FRANCHISE USE Globalinx Data Center,LLC There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 20, 2018 56 ITEM- VI-L2.a PUBLIC HEARINGS ITEM#68631 Mayor Dyer DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY a. 3180 New Bridge Road There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 20, 2018 57 ITEM- VI-L2.6 PUBLIC HEARINGS ITEM#68632 Mayor Dyer DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY b. 2865 Indian River Road There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 20, 2018 58 ITEM- VI-L2.c PUBLIC HEARINGS ITEM#68633 Mayor Dyer DECLARED A PUBLIC HEARING: LEASE OF CITY PROPERTY c. 2325 Salem Road There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 20, 2018 59 ITEM- VI-J ORDINANCES/RESOLUTIONS ITEM#68634 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council APPROVED, BY CONSENT: Agenda Items 1, 2a (DEFERRED TO FEBRUARY 5, 2019) 2b (DEFERRED INDEFINITELY), 4a/b/c, 5, 6, 7a, and 8a/b/c Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 60 ITEM— VLJ.1 ORDINANCES/RESOLUTIONS ITEM#68635 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Resolution to MOVE and RESCHEDULE the January 8, 2019 regular meeting of the City Council to January 9, 2019 with the time and location to remain the same Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 A RESOLUTION MOVING THE JANUARY 1, 2019 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 JANUARY 8, 2019 4 5 WHEREAS, the City Code provides the regular formal meetings of City Council 6 shall be held in the Council Chambers of the City Hall Building on the first and third 7 Tuesdays of each month at 6:00 p.m.; and 8 9 WHEREAS, state law provides that a regular meeting of the City Council may be 10 scheduled for a day other than the usual day upon adoption of a resolution; and 11 12 WHEREAS, January 1, 2019 is a holiday; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, THAT: 16 17 1. The regular City Council meeting scheduled for January 1, 2019 is hereby 18 rescheduled for January 8, 2019. 19 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 20 and City Council Chambers. 21 3. The City Clerk shall post a copy of this resolution on the door of the City Council 22 Chambers from the date of adoption until 6 p.m. on January 8, 2019, and provide 23 a notice as required by law. 24 Adopted by the City Council of the City of Virginia Beach, Virginia, this 20th day of November 2018. APPROVED AS TO LEGAL SUFFICIENCY: rney's Office CA14577 R-1 November 14, 2018 61 ITEM-VI-J.2a ORDINANCES/RESOLUTIONS ITEM#68636 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council DEFERRED TO FEBRUARY 5, 2019, BY CONSENT, Ordinance to AMEND City Code Sections: a. 21-353 and 21-354 re Cavalier Shores Neighborhood Residential Permit Parking (Deferred from November 7, 2017)—Requesting to defer to February 5, 2019 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 62 ITEM-VI-J.2b ORDINANCES/RESOLUTIONS ITEM#68637 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AMEND City Code Sections: b. 23-48 and 23-50 re open storage of rusted,junked machinery, equipment, grass and weeds on parcels of land zoned for or in active farming operation Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M Benjamin Davenport November 20, 2018 63 ITEM-VI-J.3 ORDINANCES/RESOLUTIONS ITEM#68638 The following registered to speak: Bruce Williams, 1068 Meadow Grove, Phone: 510-4463, spoke in SUPPORT Amelia Ross-Hammond, Phone: 646-1709, spoke in SUPPORT Upon motion by Council Member Jones, seconded by Council Member Henley, City Council ADOPTED, Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Non-Binding Memorandum of Understanding(MOU) between the City and the African American Culture Center,Inc. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDENT 3 TO THE NON-BINDING MEMORANDUM OF 4 UNDERSTANDING BETWEEN THE CITY 5 OF VIRGINIA BEACH AND THE AFRICAN 6 AMERICAN CULTURAL CENTER, INC. 7 8 9 WHEREAS, the City of Virginia Beach (the "City") owns 4.8+/- acres of property 10 located at 704 Hampshire Lane (GPINs: 1468-42-1766 and 1468-32-9552) (the 11 "Property"); 12 13 WHEREAS, the African American Cultural Center, Inc., a Virginia non-stock 14 corporation (the "AACC") plans to build and develop an African American Cultural 15 Center on the Property (the "Cultural Center"); 16 17 WHEREAS, on October 20, 2015, by Ordinance ORD-3429A, City Council 1) 18 declared the Property to be in excess of the City's needs and authorized conveyance of 19 same to the AACC once certain conditions were met, and 2) authorized execution of a 20 Non-Binding Memorandum of Understanding between the City and the AACC (the 21 "MOU"); 22 23 WHEREAS, the AACC now desires to modify the terms and conditions of the 24 MOU, as more specifically set forth in the Amended Summary of Terms, attached 25 hereto as Exhibit A; and 26 27 WHEREAS, City Council has determined that the proposed changes to the MOU 28 will contribute to the successful development of the Cultural Center and benefit the 29 citizens of the City of Virginia Beach. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the City Manager, or his designee, is hereby authorized to execute 35 an Amended Memorandum of Understanding, and such other documents necessary to 36 complete the transaction contemplated herein (including transferring the Property to the 37 AACC), so long as the documents are in accordance with the Amended Summary of 38 Terms, attached hereto as Exhibit A, and made a part hereof, and such other terms, 39 conditions and modifications as may be acceptable to the City Manager and in a form 40 deemed satisfactory by the City Attorney. 41 42 2. Except as modified on the Amended Summary of Terms, Ordinance ORD- 43 3429A shall remain in full force and effect. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day 46 of November , 2018. Approved as to Content: Approved as to Legal 1' 'ency: City Mane City Attorney CA14416 R-1 November 9, 2018 2 EXHIBIT A AMENDED SUMMARY OF TERMS Non-Binding Memorandum of Understanding ("MOU") Between the City of Virginia Beach and the African American Cultural Center, Inc. Parties: City of Virginia Beach (the "City") and the African American Cultural Center, Inc., a Virginia non-stock, non-profit corporation ("AACC") Property: 4.8+/- acres of City-owned property, located at 704 Hampshire Lane near the intersection of Newtown and Diamond Springs Roads (GPINs: 1468-42-1766 and 1468-32-9552) Purpose: Outline the general terms and conditions of the proposed conveyance of the Property to AACC for the construction and development of an African American Cultural Center (the "Cultural Center") Amended Rights and Responsibilities of the AACC: • Accept the conveyance of the Property, upon satisfaction of the terms and conditions set forth in the Amended MOU, for the sole purpose of operating the Cultural Center. • Bear all costs associated with design, development, construction, operation and maintenance of the Cultural Center, which will consist of an approximate 25,000 sq. ft. building, including a museum, rotunda hall and multipurpose classrooms. • Preserve reasonable amounts of open space and existing trees in the development of the Property, and include outdoor event space and walking trails. • Obtain all necessary permits and approvals to be in compliance with any applicable building, zoning and environmental laws and regulations. • Engage in fund-raising efforts to fund construction costs, operating expenses and ongoing maintenance of the Cultural Center. • Operate the Cultural Center in a manner compatible with the adjacent and nearby City recreation center and schools. Page 1 of 3 • Coordinate with City's Parks & Recreation Department and Virginia Beach Public Schools to determine the Cultural Center programs, promotional planning, and curriculum. • Commence construction of the Cultural Center improvements within five (5) years after full execution of this the Amended MOU, and complete construction within seven (7) years after full execution of this the Amended MOU. • Include a City representative as an ex officio non-voting member of the AACC Executive Board of Directors. • Provide all insurance that may be necessary for the protection of the Cultural Center and the Property, all improvements and invitees. • Pay all taxes, if any, associated with operation of the Cultural Center and the Property. Amended Rights and Responsibilities of the City: • Convey the Property to AACC, for the sole purpose of constructing and operating the Cultural Center., upon the AACC's demonstration of its ability to meet cert to be specified in the Amended MOU Development Agreement ("Conditions") to the satisfaction of the City • - • - - - - - • - - --, -- - .. . e--. - - - - forma and/or operating plan, outlining the provisions for development and sustainability of the Cultural Center; (ii) provide to City proof of adequate capital funding to build and operate the Cultural Center, including bona fide pledges, donations, and loan commitment(s) from an authorized bank, lending institution and/or other verifiable funding sources. • Prior to commencement of construction, require (i) submittal of a pro forma and/or operating plan, outlining the provisions for development and sustainability of the Cultural Center; (ii) provide to City proof of adequate capital funding to build and operate the Cultural Center, including bona fide pledges, donations, and loan commitment(s) from an authorized bank, lending institution and/or other verifiable funding sources. • Include a reverter provision in the deed of conveyance whereby the Property will revert to the City in the event that the AACC does not begin construction of the Cultural Center by December 1 , 2023 and complete construction by December 1, 2025. nonperformance by MCC of the Page 2 of 3 covenants and warranties to be made by AACC in the Development Agreement. • Retain and maintain a public easement over the Property, excluding any buildings and improvements owned by AACC, for the use and enjoyment of the general public. • Rehabilitate or relocate the existing basketball courts, as determined during the site planning process. • Collaborate with AACC's Executive Board and Community Board, as requested by AACC, to provide preliminary design and site concepts for the development of the Cultural Center through the Departments of Parks and Recreation and Economic Development. • Provide a survey or exhibit sufficient to identify the Property. • Collaborate with AACC, as requested by AACC, regarding programming, curriculum and promotion of the Cultural Center and furthering the mutually compatible joint use of the Cultural Center. Amended Reciprocal Provisions: • The City and AACC will work together in good faith to negotiate and enter into a binding agreement that will outline the specific duties and obligations of the parties based on the MOU (the "Development Agreement"), but the parties agree that finalization of the Development Agreement will not be a condition precedent to the City's transfer of the Property to AACC. • The City and AACC will be acting in an individual capacity and not as agents, employees, partners or joint venturers, or associates of one another. • Neither party shall have any liability with respect to any financial obligations incurred by the other party. • Either party may terminate the MOU for cause by giving thirty (30) days' written notice to the other party specifying the breach or default. Page 3 of 3 64 ITEM-VI-14a ORDINANCES/RESOLUTIONS ITEM#68639 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property for up to five (5)years: a. Dawley Family Farms, LLC at 2865 Indian River Road Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M Benjamin Davenport November 20, 2018 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE (5) YEARS WITH DAWLEY FAMILY FARMS, 4 LLC FOR 69+/- ACRES OF CITY-OWNED 5 PROPERTY LOCATED AT 2865 INDIAN RIVER 6 ROAD 7 8 WHEREAS, as part of the ITA/RAA Acquisition Program, an element of 9 the City of Virginia Beach's (the "City") 2005 BRAC Response, the City acquired 10 on November 23, 2011, a 792-acre parcel of land from Rock Ministries, Inc. 11 located at 2865 Indian River Road (GPINs 1493-11-6571 and 1493-21-8107), 12 now known as North Landing Park and formerly known as the Rock Church 13 Parcel (the "City Property"); 14 15 WHEREAS, the City funded the acquisition of the City Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant 17 to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program; 18 19 WHEREAS, the City proposes to lease 69+/- acres of farm land on the 20 City Property, as shown on the attached location map (the "Premises"), for 21 agricultural purposes; 22 23 WHEREAS, a Request for Proposals (the "RFP") for the lease of the 24 Premises was advertised in The Virginian-Pilot as well as on the City's website; 25 26 WHEREAS, the City received one (1) response, and City staff has 27 reviewed the response; 28 29 WHEREAS, Dawley Family Farms, LLC, desires to lease the Premises 30 from the City for a term of one (1) year, with four (4) one-year renewal options, 31 for $5,175.00 per year; and 32 33 WHEREAS, the Premises will be utilized as farm land and for no other 34 purpose. 35 36 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA: 38 39 1 . That the City Manager is hereby authorized to execute a lease for 40 the term of one (1) year, with four (4) one-year renewal options, between Dawley 41 Family Farms, LLC and the City for the Premises in accordance with the 42 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 43 such other terms and conditions or modifications as may be acceptable to the 44 City Manager and in a form deemed satisfactory by the City Attorney. 45 46 2. That revenue from the lease of the Premises in the amount of 47 $5,175.00 shall be received, and fifty (50) percent of this amount shall be 48 deposited for appropriation in future Capital Improvement Program capital 49 budgets in CIP #9-059, Oceana Interfacility Traffic Area Conformity and 50 Acquisition II, and fifty (50) percent shall be deposited for future payment to the 51 Commonwealth by the City Manager to refund the Commonwealth's portion in 52 accordance with the grant agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th 55 day of November , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 54- 17 tow Public Work / City Attorney Facilities Management APPROVED AS TO CONTENT: -, ni Budget and Management Services CA14400 November 9, 2018 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d011\p030\00510167.doc EXHIBIT A SUMMARY OF TERMS LEASE FOR 69+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 2865 INDIAN RIVER ROAD AND COMMONLY KNOWN AS NORTH LANDING PARK (FKA THE ROCK CHURCH PARCEL) LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms, LLC, a Virginia limited liability company PREMISES: 69+/- Acres located at 2865 Indian River Road (portion of GPIN 1493-21-8107) TERM: 1-Year Lease with Four (4) 1-Year Renewals RENT: $5,175 per year ($75 per acre) for the initial term and each renewal term, with the initial term payable on November 1, 2019 and each renewal term payable on November 1 each renewal term year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose. • Maintain the property, ditches and access roads and maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $1 ,000,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. Location Map -49vp, irffmar ' ? . 6941-Acres of GPIN 1493-21-8107 t '''• 4 ','„ .,,, i ' • 1 - /,-,,, ,•',' , . r., , t. • -- • '.41,.4,, " ,,‘,14,441,t, ! 4• - I, -1-1.4*L-'41. - • -,, 4 Area " ' •• ' Area: 1.58 Acres .:, • i -,,, ..,. "-- • '- - Perimeter: 1218.3 : . ,. Feet . : f•,'" • • .v.-- 4 ' k Area Area: 2.7 Acres ...4,..........,... '.t- ' ' . Perimeter: 1380.5 '-.. — ..', , . - . . c ..- . ., Y . . ' . Area *? . •. Area:65.26 Acres i Perimeter:7489.4 Feet .....- -. . . . .•• : • • •v .... . .- - , - , , a , ..—. . 65 ITEM-VI-14b ORDINANCES/RESOLUTIONS ITEM#68640 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property for up to five(5)years: b. Scott Morris Farms, LLC at 3180 New Bridge Road Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport *Council Member Henley filed a disclosure November 20, 2018 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE (5) YEARS WITH SCOTT MORRIS FARMS, 4 LLC FOR 23+/- ACRES OF CITY-OWNED 5 PROPERTY LOCATED AT 3180 NEW BRIDGE 6 ROAD 7 8 WHEREAS, as part of the Open Space Site Acquisition Program, the City of 9 Virginia Beach (the "City") acquired on June 1, 2006, a 45+/- acre parcel of land 10 located at 3180 New Bridge Road, from Doris W. Marlowe (the "City Property"); 11 12 WHEREAS, the City proposes to lease 23+/- acres of farm land on the City 13 Property, as shown on the attached location map (the "Premises"), for agricultural 14 purposes; 15 16 WHEREAS, a Request for Proposals (the "RFP") for the lease of the 17 Premises was advertised in The Virginian-Pilot as well as on the City's website; 18 19 WHEREAS, the City received two (2) responses, and City staff reviewed the 20 responses. 21 22 WHEREAS, Scott Morris Farms, LLC, desires to lease the Premises from the 23 City for a term of one (1) year, with four (4) one-year renewal options, for $2,300.00 24 per year; and 25 26 WHEREAS, the Premises will be utilized as farm land and for no other 27 purpose. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 1. That the City Manager is hereby authorized to execute a lease for a 33 term of one (1) year, with four (4) one-year renewal options, between Scott Morris 34 Farms, LLC and the City for the Premises in accordance with the Summary of Terms 35 attached hereto as Exhibit A and made a part hereof, and such other terms and 36 conditions or modifications as may be acceptable to the City Manager and in a form 37 deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th 40 day of November , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL C ,St/ f SUFFICIENCY AND FORM: WiitkPublic Wo s / / City Attorney Facilities Management CA14399 November 9, 2018 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p032\00512009.doc EXHIBIT A SUMMARY OF TERMS LEASE FOR 23+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 3180 NEW BRIDGE ROAD AND COMMONLY KNOWN AS THE NEW BRIDGE FARM LESSOR: City of Virginia Beach (the "City") LESSEE: Scott Morris Farms, LLC, a Virginia limited liability company PREMISES: 23+/- Acres located at 3180 New Bridge Road (portion of GPIN 2413-71-0580) TERM: 1-Year Lease with Four (4) 1-Year Renewals RENT: $2,300 per year ($100 per acre) for the initial term and each renewal term, with the initial term payable on November 1, 2019 and each renewal term payable on November 1 of each renewal term year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, and for no other purpose. • Maintain the property, ditches and access roads and maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $1 ,000,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. Location Map 23+/-acres of GPIN: 2413-71-0580 4:: _..,-.f.'-t „"A04.4.-.'''-• . , . ' Yri‘4-".•- -: =- 17,341.' '- • .ilfv-,t_'-' - - ' • _ .1-47 - ' .1 t - s.tk -1. 4 . ,,iz.... _•.....:-.,--,.. : ii ' -', ',N,..i,, •..,.. , ,,,,,,. ,... ,v,vi4,. .„;,,1. :.. , ..,— • - : g ' ---- - • . . . - . . . . .., : .. ., , ... . . . ... ... . , , . . ' " • k.:* ' '-' -- 4 • , . . - 1 •,'-'i.', ..,...• e #.0%•' , : 4 . 1. %, - 4, .. -,.„ •••- ' 4,4• .,• - , - , r :;, . •:' , ••k: . ( ••••• li 4*7 y ,, •., r A , •-..." r' • r ,,..4. 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' •,...:,le,.:-..;''-4.1-4...••-.•.;'•-•, •••----, ' .1.-.#.:t-4, -.L..,4'7-.4-..s. ...'..I., -..,,,....:,, ).„-L.,!„4..4 ,lslf ^ ••• 1-14'•.,.; •:-..-.• '-;i,',•.4•'.2'i-..-'11i ti I P- it 4:4 „ ;:...:.,, .. ,,4.„,ti ,,• .:0,.,, -.,- ,',=ti',.i4,---17,:i.'-.;',,... . . .r,, -. . 4":1....4.4 4 -.'.47.71:i i 4.:44-11':-.?.':7''''4 -1”:le ,,k•.4e;-_4(14*..,i,..., t ( tr.:- •-j..-J4-1P-,,''q--,,-; ..74., ..,,...),.7.,4•t .44.,-- City of Virginia. Beach ''. ... yo a/'A Op 0UR NAtO VBgov.com MARK D.STILES MUNICIPAL CENTER CITY ATTORNEY BUILDING 1 2401 COURTHOUSE DRIVE,ROOM 260 VIRGINIA BEACH,VIRGINIA 23456-9004 In Reply Please Refer to 0064193 (757)385-4531 FAX(757)385-5687 TTY. 711 November 20, 2018 Councilmember Barbara M. Henley Virginia Beach City Council Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilmember Henley: I am writing in response to your request for an opinion as to whether you are precluded from participating in the City Council's discussion of, and votes on, an ordinance to authorize a lease of City-owned property to Scott Morris Farms, LLC. Your niece, Betsy Newman Morris, and her husband own Scott Morris Farms, LLC. She does not reside in your home. The State and Local Government Conflict of Interests Act has been designated by statute as the sole body of law with respect to alleged conflicts of interests by local elected officials in Virginia. See Va. Code § 2.2-3100; see also 1991 Op. Va. Att'y Gen. 1. The Act addresses the financial interests ("personal interest") of a governmental official, and the Act provides that the financial interests of an official's "immediate family" members are imputed upon the officer for purposes of the Act. See Va. Code§ 2.2-3101 (defining"personal interest"as meaning"a financial benefit or liability accruing to an officer or employee or to a member of his immediate family"). The Act defines "immediate family" as "(i) a spouse and (ii) any other person who resides in the same household as the officer or employee, and who is a dependent of the officer or employee." Id. Because your niece does not reside in your home, the Act provides that she is not a member of your "immediate family." Therefore, in accordance with the Act's provisions, you would not have a conflict with respect to this ordinance,and the Act provides that you may participate without restriction in City Council's discussion and vote on this ordinance. As a final note,the Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is Councilmember Henley 2 November 20, 2018 unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. Please contact me should you desire any additional information. Sincerely, Mark D. Stiles City Attorney MDS/RRI 66 ITEM-VI-J.4c ORDINANCES/RESOLUTIONS ITEM#68641 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-Owned Property for up to five (5)years: c. Dawley Family Farms, LLC at 2325 Salem Road Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE (5) YEARS WITH DAWLEY FAMILY FARMS, 4 LLC FOR 9+/- ACRES OF CITY-OWNED 5 PROPERTY LOCATED AT 2325 SALEM ROAD 6 7 WHEREAS, as part of the Southeastern Parkway/ Greenbelt Project (CIP 8 #2-089), the City of Virginia Beach (the "City") acquired on August 7, 1997, a 9+/- 9 acre parcel of land located at 2325 Salem Road (GPIN 1484-14-0450) from R.G. 10 Moore Building Corp. (the "City Property"); 11 12 WHEREAS, the City proposes to lease the City Property, as shown on the 13 attached location map (the "City Property"), for agricultural purposes; 14 15 WHEREAS, a Request for Proposals (the "RFP") for the lease of the City 16 Property was advertised in The Virginian-Pilot as well as on the City's website; 17 18 WHEREAS, the City received one response, and City staff reviewed the 19 response; 20 21 WHEREAS, Dawley Family Farms, LLC, desires to lease the City Property 22 from the City for a term of one (1) year, with four (4) one-year renewal options, 23 for $9.00 per year; and 24 25 WHEREAS, the City Property will be utilized as farm land and for no other 26 purpose. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 1. That the City Manager is hereby authorized to execute a lease for 32 the term of one (1) year, with four (4) one-year renewal options, between Dawley 33 Family Farms, LLC and the City for the City Property in accordance with the 34 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 35 such other terms and conditions or modifications as may be acceptable to the 36 City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th 39 day of November , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: jf Gu .4 Giiktiv Public Wo s / / City Attorney Facilities Management CA14401 November 9,2018 R-1 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d028\p015\00036195.doc EXHIBIT A SUMMARY OF TERMS LEASE FOR 9+/- ACRES OF CITY-OWNED PROPERTY LOCATED AT 2325 SALEM ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Dawley Family Farms, LLC, a Virginia limited liability company PROPERTY: 9+/- Acres located at 2325 Salem Road (GPIN 1484-14-0450) TERM: 1-Year Lease with Four (4) 1-Year Renewals RENT: $9.00 per year ($1.00 per acre) for the initial term and each renewal term, with the initial term payable on November 1, 2019 and each renewal term payable on November 1 of each renewal term year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Property for agricultural purposes and for no other purpose. • Maintain the property, ditches and existing farm paths and maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $1,000,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Property for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. Location Map _ . ... of ..__, -..=,.. API la 11, . -441111. f:. . ...... ___. ., - .. 4. ,.. . .., ets„, ,.. . : , .., _._..., _ ,.., , . ,..... G PIN 1484-14-0450 ::.. ...... Alli 1. . ,4 . : • 04104itt 4,- 144t : I\i‘ei 4117 ,:.`. 4 4 III - ...t_. 1 fit ,...........s. ,, 1. 41110e.4-440 ',- 1 il A ..,, . 4 e 11 .'•-•s,:t 1116,, ',..„11. .,1 .,,.... . sir 67 ITEM-VI-J.5 ORDINANCES/RESOLUTIONS ITEM#68642 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Non-Exclusive Franchise to Globalinx Data Center,LLC re install, maintain and operate telecommunications facilities with in the public streets and rights-of-way Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE GRANTING A NON-EXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE TELECOMMUNICATIONS FACILITIES IN 4 THE PUBLIC STREETS AND RIGHTS-OF-WAY OF 5 THE CITY TO GLOBALINX DATA CENTER, LLC 6 7 WHEREAS, Globalinx data center, LLC ("Globalinx"), having its principal office at 8 1325 Kildeer Court, Virginia Beach, Virginia 23451, is a telecommunications carrier, as 9 defined in Title 47, Section 153 of the United States Code; 10 11 WHEREAS, Globalinx desires to use and occupy the City's streets and public 12 rights-of-way for the purposes of installing, maintaining, and operating network facilities 13 for telecommunications services in support of its data center located in Corporate 14 Landing Business Park, Virginia Beach; and 15 16 WHEREAS, the City is agreeable to allowing Globalinx to use the City's public 17 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 18 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 19 (the "Summary of Terms"). 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council hereby authorizes the City Manager to execute a franchise 25 agreement with Globalinx for an initial term of five (5) years, with up to four (4) 26 additional five (5) year options to renew, not to exceed a total of twenty-five (25) years, 27 in accordance with the Summary of Terms, and such other terms, conditions or 28 modifications, as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th day of November , 2018. APOVED AS TO CONTEN : APPROVED AS TO L SUFFICIENCY: /Lir/ M. NFOR ATION TF CHNOLOGY CITY ATTORNEY'S OFFICE CA 14415 November 7, 2018 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d011\p029\00510127.docx EXHIBIT A GLOBALINX DATA CENTER, LLC NON-EXCLUSIVE FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Globalinx data center, LLC ("Globalinx") Term: Initial term of five (5) years, with up to four (4) options to renew of five (5) years each, not to exceed a total of twenty- five (25) years. Fee: None (State law restricts telecommunications franchise fees to Public Rights-of-Way Use Fee). Installation: Globalinx is required to return public streets and rights-of- way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of the City. Relocation: If any of Globalinx's facilities interfere with the construction, operation, maintenance, repair or removal of the City's public works or public improvement projects, Globalinx will be responsible for removal or relocation of its facilities, at its sole expense. Permitting: Globalinx will be responsible for obtaining all governmental permits as necessary to install, maintain and repair its facilties. Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage. Surety: $25,000 letter of credit and $50,000 surety bond. 68 ITEM-VI-16 ORDINANCES/RESOLUTIONS ITEM#68643 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Sand Broad Inlet at 2821 Wood Duck Drive re construct and maintain an open pile pier and boat lift BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Sand Broad Inlet at 2821 Wood Duck Drive re construct and maintain an open pile pier and boat lift (GPIN 2433-25-2680) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "Exhibit A: Encroachment Request Proposed Pier and Boat Lift for Neil C. and Marjorie A. Thompson Lot 143, Section 1-B Sandbridge Shores North (MB. 103, PG. 24)", dated August 7, 2018 and prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached as Exhibit "A"and to which reference is made for a more particular description. 2. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. November 20, 2018 69 ITEM-VI-f.6 ORDINANCES/RESOLUTIONS ITEM#68643 (Continued) 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 9. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`" day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO 4 AUTHORIZE TEMPORARY 5 ENCROACHMENTS INTO A 6 PORTION OF THE CITY'S 7 PROPERTY KNOWN AS SAND 8 BROAD INLET, LOCATED AT 9 THE REAR OF 2821 WOOD 10 DUCK DRIVE 11 12 13 WHEREAS, Neil C. Thompson and Marjorie A. Thompson desire to remove 14 the existing pier and to construct and maintain an open pile pier and a 12'x12' boat lift 15 within the City's property known as Sand Broad Inlet; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Neil C. Thompson and Marjorie 26 A. Thompson, their heirs, assigns and successors in title are authorized to remove the 27 existing pier and to construct and maintain an open pile pier and 12'x12' boat lift in the 28 City's property known as Sand Broad Inlet as shown on the Exhibit entitled: "Exhibit A: 29 ENCROACHMENT REQUEST PROPOSED PIER AND BOAT LIFT FOR NEIL C. AND 30 MARJORIE A. THOMPSON LOT 143, SECTION 1-B SANDBRIDGE SHORES NORTH 31 (M.B. 103, PG. 24)" dated August 7, 2018 and prepared by Chesapeake Bay site 32 Solutions, Inc., a copy of which is attached hereto as Exhibit A, and on file in the 33 Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and Neil C. Thompson and Marjorie A. Thompson (the 39 "Agreement"), an unexecuted copy of which has been presented to the Council in its 40 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court 41 of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Neil C. Thompson and Marjorie A. Thompson and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by City Council of the City of Virginia Beach, Virginia, on the 50 20th day of November , 2018. CA14234 R-1 PREPARED: September 10, 2018 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d005\p029\00501596.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFJ CY AND FORM 0) AA • (2r% PUBLIC % ORKS, REAL ESTATE DANK-. HA-MEYER SENIOR CITY ATTORNEY 2 LOT 144 cy I N/F GERTRUDE B. NEFF GPIN:2433-25-2701 ( D.B. 2981, PG. 37 g ---------(M.B. 103, PG. 24) N 71'09'14" E 160.00' l l aj ' co 0 loo LOT 143 "' GPIN: 2433-25-2680 D.B.3669, PG. 290 I z (M.B. 103, PG. 24) N \SO, PROPOSED o 0 ce , 516'' FIXED PIER C .'\ \,72 EXISTING PIER TO 02 '~ BE REMOVED ... ,\ •88 h �� _ ...mU'. IX a rn ., 1s.o, N o 0 0 `\ 0'7O' '\ cn 0 °0 SAND BROAD �PROPOSED'- 0 INLET ``\ BOAT LIFT 1 0 ` \ 12'x12' 0 PARCEL A, 7.04 ACI 1 co rn 0 N/F CITY OF VIRGINIA BEACH ' on O GPIN:2433-27-3415 PLAT: 20070522000686140 l , z 50.00' INST: 200740625000848730 S 71°09'14" W PARCEL A 50' x 50' PIECE N/F CITY OF VIRGINIA BEACH PLAN VIEW GPIN:2433-25--3530 M.B. 103, PG. 24 0 30' 60' l liMill 1"=60' l -------- ©2017 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. CHESAPEAKE BAY EXHIBIT A: ENCROACHMENT REQUEST SITE SOLUTIONS, INC. PROPOSED PIER AND BOAT LIFT P.O. BOX 6663 FOR VIRGINIA BEACH, VA 23456 NEIL C. and MARJORIE A. THOMPSON PHONE: (757) 575-3715 LOT 143, SECTION 1-B gregory.milstead@gmail.com SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) DATE: AUGUST 7, 2018 Encroachment Request Applicant: Neil C. Thompson & Marjorie A. Thompson Rear of 2821 Wood Duck Drive s �-_= s `= F-N.. �as - . -��• !�`-1-:` -•- • ; 411114k. • • • M t j� Encroachment Request Applicant: Neil C. Thompson & Marjorie A. Thompson Rear of 2821 Wood Duck Drive r --- _- 4 \\- \\ .t -a..-_ - > - - - • -- j -n c- '- f .t 1 1 ?1 I 1 r Encroachment Request Applicant: Neil C. Thompson & Marjorie A. Thompson Rear of 2821 Wood Duck Drive \ , 2TE / **ø /1\z 10 `Gm f O 11010 010 • LOCATION MAP ENCROACHMENT REQUEST FOR Legend NEIL C.THOMPSON AND MARJORIE A.THOMPSON O 2433-25-2680 GPIN:2433-25-2680 City Property 0 50 100 730 e.' .Dred by PAi/Fjnq.+Eng.Support 5evas Euro.,0523/ZC1a aD0).0,aeasORC cpesMGL'. •.M4P..W'cod Ducr DI.=4;::L -.._._ PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 201 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NEIL C. THOMPSON and MARJORIE A. THOMPSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 143"; as shown on that certain plat entitled: "SANDBRIDGE SHORES, SECTION 1B, NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", prepared by Palmer L. Smith; which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 2821 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove the existing pier, and to construct and maintain an open pile pier and a 12'x12' boat lift, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Sand Broad Inlet, the "Encroachment Area"; and GPIN: CITY'S PROPERTY-2433-27-3415-(352 TUNA LANE) GPIN: 2433-25-2680-(2821 WOOD DUCK DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A: ENCROACHMENT REQUEST PROPOSED PIER AND BOAT LIFT FOR NEIL C. AND MARJORIE A. THOMPSON LOT 143, SECTION 1-B SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24)", dated August 7, 2018 and prepared by Chesapeake Bay Site Solutions, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The 3 Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Neil C. Thompson and Marjorie A. Thompson, the said Grantee, has caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and 4 on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 / BJ,Ig ,O Y NEIL C. THOMP ,( , Owner By ' ...t. -.... Q MAR 1E A. THOMP N, Owner STATE OF CITY/COUNTY OF V.fc_A'e,;.1 :f+t,Nin , to-wit: J The foregoing instrument was acknowledged before me this 19610- day of STiunbec , 2018, by Neil C. Thompson. (SEAL) 1; taryp ublic JACQUELINE S SPROUSE NOTARY PUBLIC Notary Registration Number: --1 -1k4'i1c) COMMTHOFVIRGINIA MY COMMISSIONSIONEXPIRES APRIL 30.2022 COMMISSION 1t 7374870 My Commission Expires: [ cis,\ 2 Zcx - ,�.-___,_- __ STATE OF CITY/COUNTY OF Y t'ctsr.a (sn , to-wit: The foregoing instrument was acknowledged before me this Oh? ` day of 5,T\:)Ater" , 2018, by and Marjorie A. Thompson. I,i - • 1- (SEAL) •ta 'ublic Notary Registration Number: ---7V i-(210 JACQUELINE S SPROUSE NOTARY PUBLIC COMMONWEALTH OF� COMMISSION EXPIRES APRIL30.2022 VIRGINIA My Commission Expires: '� ,\ 30 ' �rJ2L MY COMM COMMISSION#7374870 7 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF- - CY AND FORM ari,A S NA - e : -. H RMEYER SENIOR CITY ATTORNEY 44E' DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT/DIVISION 8 LOT 144 NN N/F GERTRUDE B. NEFF � GPIN:2433-25-2701 a � D.B. 2981, PG. 37 o (M.B. 103, PG. 24) N 71°09'14" E 160.00' I_ 1-co O loo LOT143 `°" "' GPIN: 2433-25-2680 lz D.B.3669, PG. 290 z (M.B. 103, PG.24) 1 (4/ \s0' PROPOSED o Ce L. ,,�6'' pi, FIXED PIER•,-,• Lri Lo O ',� '\_.7, ' l EXISTING PIER TO O 02, BE REMOVED `�^ ` s o, , /) 1 w W N %• D c/ I. rn ^ `` 760 ^/ In O I..1 O \ oo �— `\ moo' '\ cn 0 m SAND BROAD \_PROPOSED'' n INLET `\`. `BOAT LIFT 1 0 \ 12'x12' 3 I: 0 PARCEL A, 7.04 AC 'i ' `° I:4" o 0 N/F CITY OF VIRGINIA BEACH Ilip • GPIN:2433-27-3415 1 c0; PLAT: 20070522000686140 1 z S 75 090' W INST: 200740625000848730 __— PARCEL A 50' x 50' PIECE N/F CITY OF VIRGINIA BEACH PLAN VIEW I GPIN:2433-25-3530 M.B. 103, PG. 24 0 30' 60' l � i 1"=60' l -------- ©2017 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. CHESAPEAKE BAY EXHIBIT A: ENCROACHMENT REQUEST SITE SOLUTIONS, INC. PROPOSED PIER AND BOAT LIFT P.O. BOX 6663 FOR VIRGINIA BEACH, VA 23456 NEIL C. and MARJORIE A. THOMPSON PHONE: (757) 575-3715 LOT 143, SECTION 1-B gregory.milstead@gmail.com SANDBRIDGE SHORES NORTH (M.B. 103, PG. 24) DATE: AUGUST 7, 2018 Virginia Beach APPLICANT'S NAME Neil C. Thompson and Marjorie A. Thompson DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property j Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area 1 Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 ► The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ►. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/An disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) o APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE if/0g lig L pste. Eh cMty) REVISIONS SUBMITTED DATE: 11/4)13 Virginia Beach CCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Neil C. & Marjorie A. Thompson If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 t • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. C Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 10, Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES I NO SERVICE PROVIDER (use additional sheets if needed) 15<1I Accounting and/or preparer of your tax return XArchitect / Landscape Architect/ Land Planner Contract Purchaser(if other than 1-1 M the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed X) purchaser of the subject property J (identify purchaser(s) and purchaser's service providers) X Construction Contractors Project out for bid X Engineers / Surveyors/ Agents WCI, Chesapeake Bay Site Solutions Financing (include current Wells Fargo Home Mortgage C f i mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this _fit pP- G NE-. —1-14 rrt PSOIJ io/ii/%Sl tSi 15 APPLICA SIGNATURE PRINT NAME DA E • Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return nArchitect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CConstruction Contractors 0 Engineers/Surveyors/Agents Financing(include current C C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) (� Legal Services Real Estate Brokers/ flAgents/Realtors for current and I ' anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have v an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 s. • CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this \flR v� PROPER �WryER'S SIGNATURE PRINT NAME DTE Page 7 of 7 70 ITEM-VI-I.7a ORDINANCES/RESOLUTIONS ITEM#68644 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $15,570 to Emergency Medical Services (EMS) re purchase additional equipment and medical supplies Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO PURCHASE ADDITIONAL EQUIPMENT AND MEDICAL 3 SUPPLIES TO ENHANCE RESCUE/MEDICAL CAPABILITIES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $9,311 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, and appropriated, with state revenue increased accordingly, 10 to the Operating Budget of the Department of Emergency Medical Services to purchase 11 additional rescue equipment and medical supplies to enhance rescue/medical capabilities. 12 13 2) $6,259 is hereby accepted from the Tidewater EMS Regional Council and 14 appropriated, with miscellaneous revenue increased accordingly, to the Operating Budget 15 of the Department of Emergency Medical Services to reimburse the Department for 16 personnel costs associated with the Hampton Road Metropolitan Medical Response 17 System. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lt. II I' Budget and Management Services City • orny's Office CA14575 R-1 November 9, 2018 71 ITEM-VI-L 7b ORDINANCES/RESOLUTIONS ITEM#68645 The following registered to speak: William Bailey, 211 24th Street, Phone 288-5761, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: b. $1-Million from the Federal Emergency Management Agency (FEMA) to the FY 2018- 19 Fire Department Operating Budget re mobilization of the Virginia Task Force 2 Urban Search and Rescue Team for Hurricanes Florence and Michael Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1 ,000,000 RELATED TO THE MOBILIZATION OF 3 THE VIRGINIA TASK FORCE 2 FEMA URBAN 4 SEARCH AND RESCUE TEAM FOR HURRICANES 5 FLORENCE AND MICHAEL 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $1,000,000 from the Federal Emergency Management Administration is 11 hereby accepted and appropriated, with federal revenue increased accordingly, to the 12 Fire Department's FY 2018-19 Operating Budget for costs associated with the Hurricanes 13 Florence and Michael mobilizations of the Virginia Task Force 2 Urban Search and 14 Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the20th day of November 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: :udget and Management Services City Attorney's Office CA14570 R-1 November 6, 2018 72 ITEM-VI-L 8a ORDINANCES/RESOLUTIONS ITEM#68646 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE: a. $3.5-Million in General Fund Balance and TRANSFER$900,000 from Upton Drive Extended and Dam Neck Station Improvements to Beach Replenishment II Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M Benjamin Davenport November 20, 2018 1 AN ORDINANCE TO APPROPRIATE $3,500,000 IN 2 GENERAL FUND FUND BALANCE AND TRANSFER 3 $900,000 FROM CIP # 2-047, "UPTON DRIVE EXTENDED 4 AND DAM NECK STATION IMPROVEMENTS," TO CIP # 8- 5 025, "BEACH REPLENISHMENT II" 6 7 WHEREAS, the United States Army Corps of Engineers (USACE) and the City of 8 Virginia Beach have a long-standing cost-sharing participation agreement for the 9 maintenance and periodic replenishment of the City's Resort Beach area; 10 11 WHEREAS, the USACE FY 2018 Work Plan - Construction included $17.6 million 12 in federal funds for dredging and beach nourishment for the City's Resort Beach area for 13 hurricane protection; 14 15 WHEREAS, the Norfolk District of the USACE intends to solicit bids for this project 16 in December 2018, and requires all funds be available at the start of the bidding process; 17 18 WHEREAS, the project partnership agreement between the USACE and the City 19 of Virginia Beach is on a 65% federal and 35% local basis; and 20 21 WHEREAS, the source of the local match, CIP # 8-025, "Beach Replenishment II," 22 requires an additional $4.4 million to satisfy the local match; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1. $3,500,000 is hereby appropriated, with local revenues increased 28 accordingly, from General Fund fund balance to CIP # 8-025, "Beach Replenishment II." 29 30 2. $900,000 is hereby transferred from CIP # 2-047, "Upton Drive Extended 31 and Dam Neck Station Improvements," to CIP # 8-025, "Beach Replenishment II." 32 33 3. The City Manager is hereby authorized to execute on behalf of the City of 34 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 20th day of November , 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City • • ne 's Office CA14572 R-1 November 6, 2018 73 ITEM-VI-L 8b ORDINANCES/RESOLUTIONS ITEM#68647 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE: b. $150,000 from the Sheriff's Office Commissary Account to the FY 2018-19 Operating Budget re replacement of the CareMart Warehouse Management System Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE TO APPROPRIATE $150,000 FROM 2 THE VIRGINIA BEACH SHERIFF'S OFFICE'S 3 COMMISSARY ACCOUNT TO THE VIRGINIA BEACH 4 SHERIFF'S OFFICE'S FY 2018-19 OPERATING 5 BUDGET FOR REPLACEMENT OF THE CAREMART 6 WAREHOUSE MANAGEMENT SYSTEM 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That $150,000 from the Virginia Beach Sheriff's Office's Commissary Account 12 is hereby appropriated, with local revenue increased accordingly, to the Virginia Beach 13 Sheriff's Office's FY 2018-19 Operating Budget, for replacement of the CareMart 14 Warehouse Management System. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of November 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: MEI"' tik--J. Atit Budget and Management Services City A• •rn- ' Office CA14571 R-1 November 6, 2018 74 ITEM-VI-L 8c ORDINANCES/RESOLUTIONS ITEM#68648 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE: c. $25,000 donation from the Dowley Family Foundation as a contribution to the refurbishment of the 76 Street Stage and to AUTHORIZE a plaque upon the stage honoring Pharrell and Helen Williams Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE TO APPROPRIATE A DONATION OF 2 $25,000 FROM THE DOWLEY FAMILY FOUNDATION AS 3 A CONTRIBUTION TO THE REFURBISHMENT OF THE 4 711" STREET STAGE AND TO AUTHORIZE THE 5 PLACEMENT OF A PLAQUE UPON THE STAGE 6 HONORING PHARRELL AND HELEN WILLIAMS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1 . That a donation in the amount of$25,000 is hereby appropriated, with revenue 12 increased accordingly, to CIP #9-096, "Oceanfront Capital Project 13 Reinvestment" in the FY 2018-19 Capital Improvement Program for 14 refurbishment of the 7th Street Stage; and 15 16 2. The placement of a commemorative plaque upon the 7th Street Stage honoring 17 Pharrell and Helen Williams is hereby authorized. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of November 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: goy Ju _) Budget and Management Services City Attorney's Office CA14576 R-2 November 13, 2018 75 ITEM-VI-K PLANNING ITEM#68649 1. 1625 GENERAL BOOTH BLVD,LLC/SUNTRUST CONDITIONAL USE PERMIT BANK 2. ROY E. & IVY C. CASKEY CONDITIONAL USE PERMIT 3. BMVS,LLC CONDITIONAL USE PERMIT 4. SECTORSITE,LLC/DRD,LLC CONDITIONAL USE PERMIT 5. LARAE TUCKER/ROAN,LLC CONDITIONAL USE PERMIT 6. ORDINANCES TO AMEND CITY ZONING ORDINANCE(CZO) a. SECTION 111 DEFINITION OF DWELLING,ATTACHED/TOWNHOUSES b.SECTION 402(A)SINGLE FAMILY DIMENSIONAL REQUIREMENTS ITEMS FOR RECONSIDERATION FROM OCTOBER 16, 2018, CITY COUNCIL MEETING 1. CRESPO ENTERPRISES,INC./d/b/a ROADRUNNER CONDITIONAL USE PERMIT TOWING& AC ENTERPRISES,INC. d/b/a LOGAN'S TOWING/5312 VIRGINIA BEACH BOULEVARD,LLC 2. GRIER HAHN ENTERPRISES,INC./POOLE'S MODIFICATION OF CONDITIONS DOCKSIDE,LLC 3. NOFISAT TAYO& BOL UDE JONES KOMOLAFE CONDITIONAL USE PERMIT 4. MARY BOZARD/THOMAS LEE BOZARD CONDITIONAL USE PERMIT 5. MAVIS BAHADOSINGH&NICHOLAS GRADY CONDITIONAL USE PERMIT 6. THE EDGE SPORTS,LLC/FAIRFIELD TIC,LLC; CONDITIONAL USE PERMIT BCP TIC,LLC;DMF TIC,LLC; GCK TIC,LLC 7. PRINCESS ANNE MEADOWS,LLC/WILLIAM A CONDITIONAL REZONING & JAMES SNOWDEN MODIFICATION OF PROFFERS 8.ANDERSON'S VIRGINIA BEACH,LLC/AGI-VB CONDITIONAL USE PERMIT HOLDING,LLC 9. JASMINE GOULD/CRUZ LIVING TRUST CONDITIONAL USE PERMIT 10. KYLE W. & BAILEY B. FETT VARIANCE November 20, 2018 76 ITEM-VI-K PLANNING ITEM#68649 (Continued) 11. ORDINANCE TO ADOPT/INCORPORATE INTO VIRGINIA BEACH COMPREHENSIVE PLAN THE BURTON STATION STRATEGIC GROWTH AREA MASTER PLAN 2018 AND AMEND EXECUTIVE SUMMARY ITEMS DEFERRED FROM NOVEMBER 13, 2018, CITY COUNCIL MEETING 1. KIRBOR,LLC VARIANCE 2. DAM NECK STORAGE PARTNERS,LLC. MODIFICATION OF PROFFERS TO A CONDITIONAL CHANGE OF ZONING/MODIFICATION OF CONDITIONS PLANNING ITEM#3—BMVS,LLC WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 11, 2018 ITEMS DEFERRED FROM NOVEMBER 13, 2018 CITY COUNCIL MEETING ITEM#2—DAM NECK STORAGE PARTNERS,LLC WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 11, 2018 November 20, 2018 77 ITEM—VI-J PLANNING ITEM#68650 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council APPROVED, BY CONSENT:Agenda Item 1,2 (DEFERRED TO DECEMBER 11, 2018), 3, 4, 5, and 6a/b ITEMS FROM OCTOBER 16,2018: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 ITEMS DEFERRED FROM NOVEMBER 13, 2018:1 and 2 (DEFERRED TO DECEMBER 11, 2018) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 78 ITEM—VI-K.1 PLANNING ITEM#68651 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of 1625 GENERAL BOOTH BLVD, LLC/SUNTRUST BANK for a Conditional Use Permit re car wash facility at 1625 General Booth Boulevard DISTRICT 7 —PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1625 GENERAL BOOTH BLVD, LLC/SUNTRUST BANK for a Conditional Use Permit re car wash facility at 1625 General Booth Boulevard(GPIN 2415446661)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled "Concept Plan", dated September 7, 2018 and prepared by Blakeway, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "GRAND SLAM CARWASH, CAR WASH BUILDING, ELEVATIONS, 1625 General Booth Blvd", and prepared by Balzer and Associates, Inc., which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. Install the required Category IV landscape screening along the southern boundary line adjacent to the residential dwellings. A Landscape Plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted Landscape Plan entitled, "Concept Plan",prepared by Blakeway, dated September 7, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. The existing plant material within the Scenic Easement along General Booth Boulevard shall remain and be maintained. In the event that any of the plants are damaged or die, they shall be replaced with like vegetation acceptable to the Development Services Center's Landscape Architect within a timely manner. 5. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site shall be shielded and directed downward to limit the amount of overspill outside the property's boundary. November 20, 2018 79 ITEM—VI-K.1 PLANNING ITEM#68651 (Continued) 6. All light fixtures on the site shall be no taller than fourteen (14)feet in height. 7. All light fixtures shall be shielded away from the adjacent residential uses to the south of the site. 8. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 9. The operation of the car wash and the vacuums shall be limited to the hours of 8:00 a.m. 7:00 a.m. to 8:00 p.m. 10:00p.m. 10. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`h day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 nil r V) r t OD - Q Q ft/ . r C3 cc-) 0 IV , ;t3 e:1, . t) N ..„. t ti•1 La .iortitii* ' .7.:..„:"...._.. ::. ,....4::: )._.._,.......,_ ..0:ti� ..7...._..._......„. (:::) N.--P --------...... MO-4sr---___ -..-------.. 1/40------- "----- (Z7 ii ------__ -----------q/ ..!:1_91---6---- -0 N ,s, in N:Zst• * • -v,,,,, 4 , - -------\,,-.---__,,,__. . (i?,:? A 4114:6 ‘, / / ,../ N C� 0 1 - ..„4..iro 0 e..1. „is-- Ca ' itteft / 411: * ` : * '''. -...? 411Mi Ar cii 4 i ik. ______ / _,,farh.._ • 44, -.1 4F------______„.„----6,4-.6- ____. .1 .___-____,_____.,0, ..._ __ -7 4.*/§V L ow, -- ‘i- _ I% ( z kJ r --...,„., * i lir "".9t 80 ITEM—VI-K.2 PLANNING ITEM#68652 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED,AS CONDITIONED, AS REVISED, BY CONSENT, Application of ROY E. & IVY C. CASKEY for a Conditional Use Permit re residential kennel at 133 South Kellam Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ROY E. & IVY C. CASKEY for a Conditional Use Permit re residential kennel at 133 South Kellam Road (GPIN 1477334182) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. No more than nine (9)adult dogs shall be kept on the property at any time. 2. In accordance with Section 223 of the Zoning Ordinance, the dogs must be kept in a soundproof and air-conditioned building. 3. All dogs shall not be a nuisance to any property owners or residents and when outside they shall be supervised at all times and remain within the fenced-in area. 4. The existing fences shall be maintained in good condition. 5. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 6. The Conditional Use Permit shall be valid for aperiod of five (5)years from the date of City Council approval. Once the five (5) year time frame expires, the Conditional Use Permit shall be subject to an annual administrative review by the Planning Director to ensure compliance with the above conditions and to assess impact on surrounding properties. 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 20`" day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M Benjamin Davenport November 20, 2018 . . <. ..„ • 0 • "P ,„ ..-.. , - ------ , ....-- '-Z,:::.,-,,,,,,-.„.._ `4--VN-11g,7-_V -:-y-tii-e-,---- . -- „ 1.5 Cill 111111 •• tit 0 I:4 to 01 to . C. n aill 11111111111111 0 t.; .....•_- . . ..-------7-7-----7-7------ vt0ad . ----.- -- -- _ .....- ‘k kkartA - -------- ___ ______,,,--..-.-. _,----- - - ---!--- - '''' • ..._--- \----\ -,------------- --- -----------1 1.-,-„,- ,1 110 ? L.----;-=— - 1 _ ! ] 113' 0 00 h IX ft0 0 LI. \ 0 ',,1:5co \ 0 , \-------------\----1-1---H , 0 \ C, 5A . 0 ‘ __,,— --------- 1 0 .._-------" , - --------- ----- --- ----------' . ' ,--- -------------- ,, ' ._-------------- , . , . ILO ----A (. > 81 ITEM—VI-K3 PLANNING ITEM#68653 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, DEFERRED TO DECEMBER 11, 2108, BY CONSENT, Application of BMVS, LLC for a Conditional Use Permit re bulk storage yard at 2572 Pleasure House Road DISTRICT 3—ROSE HALL Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 82 ITEM—VI-K.4 PLANNING ITEM#68654 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of SECTORSITE, LLC/DRD, LLC for a Conditional Use Permit re communication tower at 3386 Holland Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SECTORSITE, LLC / DRD, LLC for a Conditional Use Permit re communication tower at 3386 Holland Road (GPIN 1486827007) DISTRICT 4—ROSE HALL The following conditions shall be required: 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "Site Plan, 3386 Holland Road, "drawn by BC Architects Engineers, and dated July 25, 2018. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage, if any, on the site and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 125 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard(DNH) to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two (2)years, the tower shall be removed at the applicant's expense. 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 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M Benjamin Davenport November 20, 2018 vill"" . ----s: * 1:3' _.----4-iitr.w.!------ ' , . St* .4 ''-- IL 111 \.,.. i .,,-------es--- Ip_el. ,\ \ VIP** \.,,* - ci MAO* *AL. ,,. .-...7:::. .-..'. .... . ..t 11111111W\ ' '''. 'It 11100\..:'.. .: ' * 4 ld ei. 1.43/1, 0 1 1 . N 11 J ,i, .„, `mac — "M ....... .„..._... .... .,, ---,,,,, .... ._ - - . ,. ..._ -tet � �.�y-�-• ti..,. �-� . 4�. - ,., ,...„:„- , , .„........ , , , , ... • 1 g .. ; N - 5 1 % 4 \ g •.: Y 4,. 1 ,'N. - N. '+_.,`mak',, ,, J J 4 r .- \:\ Niiiiisio., .„ \ ..v.., , v.. \-\,.-„,:r\e,,,,.."...,,,./'\ :--- rc. CI ' %:` ° .-‘ mi— \ .'. ' N a) ':::,,, , -...-- 4ix°\\ \ ,...„ \-\\,,s1/4,„ \\‘\:, \ , 4941) '',,,s,,,,,,,N\\\\\\:,‘::;'%:- \- , _- \\\\---\:- , - -. ' `, �± y , �` 83 ITEM—VI-K.5 PLANNING ITEM#68655 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of LARAE TUCKER /ROAN, LLC for a Conditional Use Permit re automobile service station a portion of 1093 Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LARAE TUCKER / ROAN, LLC for a Conditional Use Permit re automobile service station a portion of 1093 Laskin Road (GPIN 2418508268)DISTRICT 6—BEACH The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "LASKIN RD. AND BIRDNECK RD. PRELIMINARY LAYOUT PLAN",prepared by Blakeway Surveying, Engineering and Environmental, dated August 8, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The exterior of the proposed building,fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "7- ELEVEN STORE 1093 LASKIN ROAD VIRGINIA BEACH, VA,"prepared by Intrepid Design, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7- Eleven #1042470, "prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning Department. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight(8)feet in height, set on a brick base and two (2) building and/or canopy signs. c. No striping shall be permitted on the fuel canopy. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition One (1)above, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. November 20, 2018 84 ITEM—VI-K.5 PLANNING ITEM#68655 (Continued) 6. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain foot-candle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type,proposed shielding, and light dimming capabilities. 7. All light fixtures on the site shall be no taller than eighteen (18)feet in height. 8. All light fixtures shall be shielded away from the adjacent residential uses to the southeast of the site. 9. The dumpster shall be enclosed with a solid wall in a color and material to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 10. No outdoor vending machines and/or display of merchandise shall be permitted. 11. All vacuums and air pumps shall be screened from the right-of-way with a wall and plant material of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 12. Prior to the release of the site plan, a no ingress/egress easement shall be established along the entire length of the property lines adjacent to both North Birdneck Road and the Laskin Road feeder road, other than the vehicular ingress/egress depicted on the Concept Plan referenced in Condition 1 above. This limitation is for proposed Parcel X only, as a shared access point along Laskin Road will be created when Parcel X and Parcel Y are platted. 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 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 .... . . LICr-Jr- ., ,. . / \•... . , ,•.. 7\ /. , CN I , , , . ., , . . . ! , . CN1 e < „ r . . Op * , < • . .110111100 4 ‘ )' 0 °,4t----"---------::-'-"---------- 'I, ......_ '. 990. CO C V" C < i !---- 03 CNA 13 01• I ..--• . .. . . . . . . , . _• . ... •- , \ -,., \ ---- \ ,, . . . . \11 r • • . . r .. . CNI ...._- ...•• . . . .. . 1 . . . . . .._ .. . , . . . ......- . . . . . ... ,., , 1 -._--) ,... ........_ „.„ .. __ _____ ._..•• .._,.. .... ...... ............_.• . • , . ,..._ ._._ .._...- ._ . ____.....- . \ ,,___•-- _._ ..__ _.... .... .......- . . ...._ ......- ....._ . , .„------ . . . . ,._ 10,00,,.. *_______.__•-- . ,,,..L. ....., .10 .__•._..____ . . ____ ........_ . .._ . . . ....-- \ .. _.....-- .,___--....- .• _ .„,.. . ._...--...--- . , . (t-- .„,,, , 'N., •,_ 11.. , .......- . . c., . \ 0_ CNI ks. . . . ''' • , CO CP' , . . . . . , . . . , , ,••. •,, I , • . , i . • . . , , . . .. . • , • . _ . •_, CT ,e,.. 3‘, ,, .• ,„ _,,,._,, . , _..iii..,7 < ( . . , . . ,. . \ •.• , .. . , . , •• 1 v.---- , . . , ..., ,, . ,... . . ., . . . . \ \ , 4 — 85 ITEM—VI-K.6a PLANNING ITEM#68656 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council APPROVED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance (CZO): a. Section 111 re definition of dwelling, attached/townhouses Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 DWELLING, ATTACHED/TOWNHOUSES 5 6 Section Amended: § 111 of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 111 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 111. - Definitions. 19 20 . . . . 21 22 Dwelling, attached/townhouses. A building containing twe-E2) three (3) or more 23 dwelling units attached at the side or sides in a series, separated by a boundary wall 24 and each unit having a separate lot with at least minimum dimensions required by 25 district regulations for such sections. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of November 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Depart ent City Attorney's • -- CA14525 R-1 September 10, 2018 86 ITEM—VI-K.6b PLANNING ITEM#68657 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council APPROVED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance (CZO): b. Section 402(A) re single-family dimensional requirements Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE TO AMEND SECTION 2 402(a) OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SINGLE-FAMILY 4 DIMENSIONAL REQUIREMENTS 5 6 Section Amended: § 402(a) of the City Zoning 7 Ordinance 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 402(a) of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 402. — Dimensional Requirements. 19 20 The following chart lists the requirements within the AG-1 and AG-2 Agricultural Districts for 21 minimum lot area, width, yard spacing, and height regulations for single-family dwellings. Note, however, 22 that minimum lot area, as stated in section 402(a)(1), shall not be used to calculate density allowance. 23 Allowable density shall be determined in accordance with section 402(b). 24 25 (a) For single-family dwellings: 26 Agricultural Districts AG-1 AG-2 1 1 (1) Minimum lot area: acre acre - 4 150 150 (2) Minimum lot width: feet feet 50 50 Minimum front yard setback: (3) feet feet 20 E 20 (4) Minimum side yard setback: feet feet Minimum side yard adjacent to a street, except as specified in I 30 1 30 402(a)(8) below: feet feet 20 20 (5) 6 Minimum rear yard setback: feet feet Maximum height, except as provided in subsection (a1): 35 35 (§}-a) feet feet The setback for any yYard setback that adjoins a major street or right-of-way designated on the official transportation plan a 50 50 (7) fe fe 50 feet. et et Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of November 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: itAtA 41— ts '114k Planning D.partment City Attorney's Office CA14528 R-1 September 10, 2018 87 ITEM—VI-K.1 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68658 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS AMENDED/CONDITIONED, BY CONSENT, Application of CRESPO ENTERPRISES, INC. d/b/a ROADRUNNER TOWING& AC ENTERPRISES, INC. d/b/a LOGAN'S TOWING/5312 VIRGINIA BEACH BOULEVARD, LLC for a Conditional Use Permit re Bulk Storage Yard at 5312 Virginia Beach Boulevard DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CRESPO ENTERPRISES, INC. d/b/a ROADRUNNER TOWING & AC ENTERPRISES, INC. d/b/a LOGAN'S TOWING / 5312 VIRGINIA BEACH BOULEVARD for a Conditional Use Permit re Bulk Storage Yard at 5312 Virginia Beach Boulevard (GPIN 1467676257)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. Screening and buffering shall be addressed as follows, and as depicted on the exhibit entitled "Staff Recommended Site Layout. " a. The existing chain link fencing parallel to the northern and eastern property lines shall be replaced with a solid six(6)foot tall fence within forty-five (45)days of City Council approval. If and when the properties to the north and/or east are developed with residential uses, the required Category VI landscape screening, with the solid fences setback six(6)feet from the property line, shall be installed on the northern and eastern side of the Bulk Storage Yard, as depicted on the exhibit entitled "Staff Recommended Site Layout" b. A six(6)foot tall solid fence shall be installed along the western boundary line. c. A chain link fence shall be permitted along the southern boundary of the Bulk Storage Yard. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 3. Activities that will result in vehicle alarms or other noise disturbances shall be limited to the hours of 7:00 a.m. to 10.00 p.m. 4. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five (5) business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five (5) business days. November 20, 2018 88 ITEM—VI-K.1 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68658 (Continued) 5. The use of the Bulk Storage Yard is limited to the storage of vehicles only. 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 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 • i - -- - wirffil I %* IF4El fr . - . 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IL inionediamongullipasegon *.. ti/ E0c.-:--/ / is / / ,/ , Or ry-7 -iir 5 / / 141.00N, 1 • _, 0 . 4_ no- N El / 7/ / r'--- ,,.-- , / i / 1 j „ ---,, . _ .7-----,_._ ---) L.__P-1 I // 0:1 // / i LS N 'eft- ab...itti .1 1----- t ( _, ,../3 ___________________ C=-1 Tf 4./ / ---,,,, \,..----- Cal ••, . • 1/ / •/ 4 ihk .4.,116A4.INIS,, --11- '410%1,7. - -.Ilk./ ,/,,q ../ i,b, , . 44. y---- ---_________ .6, / /le / _________________ . , 4-, ......_ , ,- . . , •-,. 401 7 , / 7 . , 04 /„• ,, i, ,_„ _.. . • • . , . , -----. , CNI , ,„/ t2 1 . : . — 41-eipeetzt mi , . . Zirl it i4IIc.) --, i L . ,,,••• / . . . , Lo / ------ ,„ i ••,., , 4_ -----„, . / ) . . .. , ,, , • , „ . . re ----------, „ • I • . . - J , . . . . . . , " ' 1.0 ill ------_,_ CO 7- ____ ii- -„, I / „/ 4. 7 / .• / /1 / 2----- --,W, 89 ITEM—VI-K2 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68659 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS MODIFIED/CONDITIONED, BY CONSENT, Application of GRIER HAHN ENTERPRISES, INC./POOLE'S DOCKSIDE LLC for a Modification of Conditions re Commercial Marina at 3311 Shore Drive DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GRIER HAHN ENTERPRISES, INC./POOLE'S DOCKSIDE LLC for a Modification of Conditions re Commercial Marina at 3311 Shore Drive (GPINS 1489883682, 1489884699, 1489884455, 1489884670, 1489885516,1489885487, 1489886304)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of the Joint Permit Application approval, the additions and proposed changes to the marina shall be developed substantially in conformance with the exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT FOR DOCKSIDE RESTAURANT LOCATED AT 3311 SHORE DRIVE, VIRGINIA BEACH, VIRGINIA," prepared by Gallup Surveyors & Engineers, LTD., date March 15, 2018, as exhibited to City Council and is on file with the Department of Planning& Community Development. 2. The applicant shall obtain Joint Permit Application approval from the Department of Planning& Community Development prior to any construction. 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 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 / 7-* \\\\I 1 • • II 1111 a 11 • •II 1 If !I I (-.MI LI 1 it i 40110. 1-1 cm • ci ,1 fj I i 1 I i' I i ____,I 7 i 1 li II 4:). r I 1 I ' I 3 , . i ri , 1' 1. Illikik 14,11 I 1 1W1 \ \\ I 5ii\V . (� 17 1 4004114 ti,it 5, i a viriri Nah. r .... ____ 1111---- — ' <:::" ''''''"--,....(1--"C( \ \ . ..--'''''. ------- '1,,,... Cii ,.., ".` $ % IL \co \ ,.., 1 \ , . . , ,,, \ , \\:,:. v 4. \ 0 0 ..„ \\ , '‘ 55 , , ,,. \ a -At r/Z/ ../ -12/ c. ,t r y i t 3 �r-L I \ c,-P-----__ ,..-2 rt It c.,_.....---\ / / _.,-------N itic C ..:,- 7 � f7--'-- �u____-_-:(0-1 6111 (a ii (J •-� t� � i I '117:', L ---I' A• F I i L i ��„ ,'i. i 1 f iii I �� 4111111 1 Ii,__'� s 90 ITEM—VI-K.3 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68660 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of NOFISAT TA YO & BOL UDE JONES KOMOLAFE for a Conditional Use Permit re Family Day-Care Home at 1961 Arlington Arch Drive DISTRICT I — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NOFISAT TAYO& BOL UDE JONES KOMOLAFE for a Conditional Use Permit re Family Day-Care Home at 1961 Arlington Arch Drive (GPIN 1454991331)DISTRICT 1 —CENTER VILLE The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12)children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 " s 1 (7. • --_---- r' - ,R r- j - i4 'C' In" 1\3a .4 -'-..- -\ -',,._. \!\ I 1 X? \ ti ,�y % a �� , --‘ ) \ ,' err j)—___ +f , , • a _ - t • fes^' ' ••� it'', \.: . '"`�-- S ', l ,' %., c\xe , f , 4 V ii ti . \ „ Er') i.T -N.5 i "''7777__ L \ , qp- { % s�•• '{lam \ \...__t------- rr +_ 5\ r (iN? ' • 1000, rf `, \-----) ti+ 5t i, ,....,... f rrl e 1�+ 1 0 0 ., ‹. r� ti + ,„, , / r • rf •- - 1 5 :.:- ` �� rf l �} 1 / >Cl/ r"`rrr \.__ rf r - r r e0 sillill4\\ '+rr fffr 4= ffr } fes. �~� 'e: " ). E 1 0 -.. . • r r .�,.-rr' r 1 �j'p Cf 11011 ke . 'N\. %,..: -.' l''‘`,,,7 / At . \\011k\A\I. rr{ N `'ref`s--r f 'fI/ _ V- 1 ,,r"` 91 ITEM—VI-K.4 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68661 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of MARY BOZARD /THOMAS LEE BOZARD for a Conditional Use Permit re Residential Kennel at 2880 Indian River Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MARY BOZARD /THOMAS LEE BOZARD for a Conditional Use Permit re Residential Kennel at 2880 Indian River Road (GPIN 1493335295)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. No more than six(6)adult dogs shall be kept on the property at any time. 2. The dog kennels shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennels shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. All dogs shall be kept indoors between the hours of 10:00 p.m. and 7:00 a.m., with the exception for brief breaks for urination and defecation. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M Benjamin Davenport November 20, 2018 \\\\\\ \ '\\ . ..*\\\\ . . \ . . • # \ \s.\\ • \±\,\ ,,\\\, \:.\\ .- \ \\**4\ r h: I\\\\ 0: \s ,,\. ,. ,'...:: I: ,k\ \- . ' \\\::\ - \\ \ '\\\\\\\\\ \\* ' \\\\\\\\ \\\\\ \\‘\:\\\\\ . 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Nlk -'..” .- \ . \ - \\\,,, ,,. cy.„,,„ \‘'. .\ - \-\\\\\,, .."`a - '\ ' \ - ' ' •• \ t • ,, -------xt,,, :. \-- ,_ \\\.. - _0_ \\:\ :\\\\\::, .`.\\N\\,\.\\:. :7N., .\ `.\ '. \ ? „. ! ,. � rI , ,. , , 11.'-- . ,.\\,\\\\%\,... . --, ', \\\\ \ .,-\\ - .- \ i . :\\\ .- \\\\\\ X\\\,\-, 0 '---,_.... \\\\\\ \ ,‘,.. .. -\\%\‘''.-,,\ '- „,,V --.\\.\\ . ' t \ \ -f -1,.\\*,\N \ '' _,\\1, ----. N 1 , ,,, :: \\\\%\\._: . ,/,--,... ,::-( .\ - \\ \ , _. \ ,... ' ..-- ,�_ 4s C, \\ , :/ /: , \\\ ,, r \\\\ Q 'd• \\\\\\\ 92 ITEM—VI-K.5 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68662 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of MAVIS BAHADOSINGH & NICHOLAS GRADY for a Conditional Use Permit re Family Day-Care Home at 1605 Clood Drive DISTRICT 3 —ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MAVIS BAHADOSINGH & NICHOLAS GRADY for a Conditional Use Permit re Family Day-Care Home at 1605 Cliffwood Drive (GPIN 1475257549)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve(12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 0 V" I re .-, ..0 1 1 wog 4• - -----,: ___ - - _---- .44111111111111111111114 0 , „ 4 „,,,,,,‘„Iii.„ , i3 II A. 4C f 0 0 110‘ 0 4:1 1:7 la NI 141,e k Cle: eiv'4114 II _,- „ --..., 10 2 -..,._, ----,,. . .._ _.., . ---_-_,---..--"--4-- Air .,„ !.:g.:7,--1-:::4-k4NcFgfimt-kwiriu,14;z4w-74.47:*„ ‘-i=4:-7, 1 / , ..._ * ,. . ,<-\\ 93 ITEM—VI-K.6 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68663 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED,AS CONDITIONED, BY CONSENT,Application of THE EDGE SPORTS,LLC/FAIRFIELD TIC,LLC; BCP TIC,LLC;DMF TIC,LLC;AND GCK TIC,LLC for a Conditional Use Permit re Indoor Recreation Facility at 5258-A Fairfield Shopping Center DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THE EDGE SPORTS, LLC/FAIRFIELD TIC, LLC; BCP TIC, LLC; DMF TIC, LLC;AND GCK TIC, LLC for a Conditional Use Permit re Indoor Recreation Facility at 5258-A Fairfield Shopping Center (GPIN 1466542739)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. The location of the Indoor Recreation Facility shall be limited to the area depicted on the proposed site layout on page five (5)of the report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. All exterior building signage shall comply with the requirements of the City Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department and Community Development Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshall. 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 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 I / 4 fJ - , 1 , .., ,.....„ \ ,:__ ,,, \ __L.__ ---- , ___,_ I__ +,?~~ 7 }` _ f I .III ...`� �� --� y--z_______...."..0--_,_____ � ;..,:a r I 1y rr,-- }1 1f � -•t _i I - I I i - f-_ ,L_ � ' �_- :��1 _LSI �r?,r_ 1i(2-------, r f rJ ,1 I r r 1 I �__-- I`-- I iF`' i i I ' `--J" I i I '-�+� , r Ir iI ? r ? ? ? . ,,r I 1 -+1 I ,- Li rf---_-----___A r 217 + �Ir i r 111 r _--_ —4---1 __ i r r r-, f -1_ I 1 1,--____, r l �-__J I 1 1 1 I t r r 1 1 I 1i 1 I i , , I I I I ( 1 I r i I 1 I j ? j --_ _ j - + 11 �I +_ + �� i L) I I Li ? ? r''i r �1 I ZJ--r' 7---41 �A.., 1 'II - ++? ,.....___ii t I ? i ' r I i tl� it tl t" I L_ 11 ;Fes_ + I ; I iI__ _ I i , I i 1 1 r 1 1,,' r i r t ?I r f 'r l' LI I r 11 L. 7 ,-- / / /,, ) ---1 1 i, ,. Li" / __ I I y 0 i L i / l'S r� r - / I � J I r dal \,---,71.ce r `} ' I 1 1 ��� I I 11. r 1 /' - I'.{ X III r r - . `_-- _ I' fti1 r -sl-ti.l1 1 ' 1. 4% --- I IL 1 r II J I/ i �y-�r1 r ` ----_ 1 Ire. - -.-- ti, rte. ._ ---- -_-__ el ..k. -'- 1 I,, , _ _��-`_ I _ 1 ____ J. L7 II , I 1'743407-7_`'_-_ -_ I rt to,f ? Ii rl -1 t_,� �: ■ 7.- �' (r1 1 ,1r�) r--- �' -y -____ ___ --fir I - _ id E1 > i i' 7,7-----,--- ,,,,,..,)4-t. C ;' ", 1 - _ ------___I I dl _I I I _ -; I r I -' • 1 `, r, - _ _ — _ I ? 1 O I I , i t r-1 f + f if I _ 1 1 ti -- �j ' I� f 1----'1 I • t__ ' 1 ' r,-} r II I I 11 !1 I r,M1-� tL_,_1 rlf 4 b II � , r _ r ? I ? -'� 1 L__., ` I' - ) rl I' r I; 11 L..i ■ �' II - _ It I' 7 I r 1 r" rl I 1; r 'fir r •', 11i !��- 1 ,� r� rl i I r l 1-� rrI �r _ I 1 I If 11 ii Y t L-_ f t -,\� f> it ; I I ''� _-.J �� _ I - - 11 .1 _ 1-____�r I ` ti , ?r 4 �- b rr , SSI i I- -, r_,r__ ,-0,_ 1 -_—_,__7 j r ■ f j L.. - i 1 y _' 1 � I I �l y 't, 1 L r' I r-—II.---___ f th �.� Iii,..... 94 ITEM—VI-K.7 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68664 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED/MODIFIED, AS PROFFERED, BY CONSENT, Application of PRINCESS ANNE MEADOWS, LLC/WILLIAM SNOWDEN& JAMES SNOWDEN for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-10 Residential and Modification of Proffers at the 2800-2900 Block of Princess Anne Road(Dated September 22, 2015)DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PRINCESS ANNE MEADOWS,LLC/WILLIAM SNOWDEN& JAMES SNOWDEN for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-10 Residential and Modification of Proffers at the 2800-2900 Block of Princess Anne Road(Dated September 22, 2015) (GPINs 1494470310, 1494461695, 1494471877, 1494464666, 1494475502, 1494475847, 1494479615, 1494481279, 1494482492, 1494485388, 1494483050 and portion of 1485841210)DISTRICT 7—PRINCESS ANNE An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 - -GO 41 A it \ Alf3' "ift;, / I=' ..4- - - -v-kgy /op _sik .4.;, ,,::),„ ,A, ,0,0.0.,40 „, ,, 1 CI. 41')' ell F* *151,61: 115) Cite\'* P" , 47% List \ / ,.., e Iiii .10( a it; s I)4' I 0 1441 'b 4010cri.<4,*,,,„*4•:- cont:71...,,'N , .0‘,7! For nyii lit/ 2--, „.s-i :- 4. * IL-virc.41,,, \,4%t..,_ \....,w W 4,"4„ '4'4444 aiiii ,iip.wo,A 6 , . as \ ,\ •\\KII-`, el • , jot#44, . .-• •.\ lettp4r.NAV` . icilitt,VAIPg. • ' `ree 1 rsa z.• lg.? Isali ° I "IN-, Art %rib mct• 440)P44,1411t'Ir ipi v_ 77 N‘_10'liplitir 1 ^/i # $ V ::!:\.4.4.‘ttt. 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'/ . , + ?:: ♦. �� AGREEMENT THIS AGREEMENT made this 8th day of August, 2018, by and between PRINCESS ANNE MEADOWS LLC, a Virginia limited liability company ("Applicant"), grantor for purposes of indexing, and WILLIAM SNOWDEN and JAMES SNOWDEN ("Snowden"), grantor for purposes of indexing; Applicant and Snowden are collectively referred to herein as "Grantor", and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia, hereinafter called"Grantee" for purposes of indexing. RECITALS: R-I. Applicant is the record fee simple owner of the property located in the Princess Anne District, City of Virginia Beach and described as Parcels 1 through 10, inclusive, on the attached Exhibit A (the "Applicant Property"). Snowden is the record fee simple owner of the property located in the Princess Anne District, City of Virginia Beach and described as Parcel I I on the attached Exhibit A (the "Snowden Property"). The Snowden Property and the Applicant Property are collectively referred to herein as the"Property". R-2. The Applicant previously initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of the Applicant Property from AG-1 Agricultural to Conditional R-10 Residential District. The conditional amendment is evidenced by, among other things, that certain Proffer Agreement ("Proffer Agreement") dated October 20, 2015 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia as Instrument Number 20160108000019260. Applicant has initiated a modification to the Proffer Agreement. The proposed modification is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18. 1988. as amended and as in effect as of the date of this Agreement (the"Zoning Ordinance"). R-3. Snowden has entered into a contract to sell to Applicant the Snowden Property. Applicant has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia by petition addressed to the Grantee so as to change the zoning classification of the Snowden Property from AG-1 Agricultural District to conditional R-10 Residential District. The proposed amendment is made pursuant to the terms of the Zoning Ordinance. R-4. The Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation. THIS INSTRUMENT IS BEING RE—RECORDED TO CORRECT AN ADVERTISING ERROR. Prepared by Harry R.Purkey,Jr.,P.C. I 303 34th Street,Suite 5 Virginia Beach,VA 23451 GPINs: See Attached II0 �IIII��1IP15 201E U I 19 t i 13: 08 City of Virginia Beach 10/19/2018 03.12:22 PM AGMT Tina E. Sinnen. Clerk R-5. The Applicant acknowledges that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned R-10 are needed to cope with the situation which the Applicant's rezoning application gives rise to. R-6. The Applicant has voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning map with respect to the Property, in addition to the regulations provided for in the existing R-l0 zoning district by the Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. R-7. The conditions outlined in this Agreement have been proffered by the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of the Grantee, unless, notwithstanding the foregoing, the conditions are 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 instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WITNESSETH: NOW, THEREFORE, the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Applicant and Snowden, their successors, personal representatives, assigns, grantees and other successors in interest or title. I. When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated "Plan of Princess Anne 2 Meadows". dated September 22. 2015 and revised August 2, 2018 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Plan"). 2. When the Property is developed, the primary vehicular ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include in each sales contract as well as part of the Homeowners Association Documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either`London Bridge Ext South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. 3. When the Property is developed, it will be subdivided into no more than 83 single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 83. Each two-story dwelling shall contain a minimum of 2,400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2-car garage and off street parking for at least two vehicles. 4. When the Property is developed the areas shown on the Plan outside the 83 lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. 5. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. 6. The Applicant shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits,the exterior elevations,architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. 3 7. Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 8. The above conditions, having been proffered by the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the circuit Court of the City of Virginia beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content, and if not so recorded, said instrument shall be void. 9. The Grantor covenants and agrees that: a. The Zoning Administration of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (i) to order in writing that any non-compliance with such conditions be remedied and (ii) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action. suit or proceedings. b. 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. c. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that 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 Grantor and Grantee. 4 WITNESS the following signatures and seals: Princess Anne Meadows LLC, a Virginia limit • Iia+ili• c:mpany By: (SE' ) P. • • :ri:es,r anager 1 / STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit; St1P H7Jr- . _ a Notary Public in and for the City and State aforesaid, do hereby certify that Petro Kotarides, Manager of Princess Anne Meadows LLC, a Virginia limited liability company,has acknowledged the same before me in my City and State. °��E S�F• GIVEN under my hand this I __day of _ _, 2018. ....... �� :`���.�PRY P��•` SEAL O ''_ • � i'C ( ) • = My No "Public COMMISSION NUMBER Q =Z.5. �i 213315 •'. " ID#: c)-I3-31S" .O• ,\.`,,� My Commission Expires: SIGNATURES AND NOTARIES CONTINUE ON THE FOLLOWING PAGE 5 REACKNOWLEDGEMENT STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was re-acknowledged before me this I tday of N(4 ()U b i- . 2018, by Petro Kotarides, Manager of Princess Anne Meadows LLC, a Virginia limited liability company, pursuant to due authority. ®,,,. P,E SHSC`°'°., t4 1' 1SEAL) (T Notar P .lie q � •'•FiY•P t1Q'•.O 10 �:Z M COBER z' = My Commission Expires: ' `P tl f� • 213315 co s • • h('OMPANY D(KUUMLNTS;OtXJ Seha's Shared Doctaneme Reacknowledgement tt ith Notary-PA Meadows l.L('(PKotarides).does ILt.& � rri n —_ (SEAL) William Snowden STATE OF VIRGINIA CITY/C- OF \JI6(Nit _! , to-wit; � f � I, {'... e- S &J . a Notary Public in and for the City and State aforesaid, do hereby certify that William Snowden has acknowledged the same before me in my City and State. ',•*,, ,,'� GIVEN under my hand this 13�daHP of � , I 2018. �`•+ SPE syr,,, •V''QOMY �•0• Z N ary ' blic COMMISSION Z C t NUMBER %� 213315 .•_1 - • My Commission Expires: ��' SIGNATURES AND NOTARIES CONTINUE ON THE FOLLOWING PAGE 6 RE.ACKNOWLEDGEMENT STATE OF VIRGINIA, CITY OF VIRGINIA BEACH. to-wit: Q The foregoing instrument was re-acknowledged before me this I I day of 0 e.M WY— . 2018. by William Snowden. whose name is signed to the writing above. -.C/1)-11)1,---tSEAL) Notary 'ub is • :� MY 01 COMMISSION �;• NUMBER :5-r. ID#: cold 33 213315 _ My Commission Expires: Y 20 . h,..„10.04114 IrhirIx-'h,.h:i d I t \II'\\1 I II I \II-NIS Imo Scha's Shared Documents Reackntuw ledgemem h nh N.tar\-Snoruien.doe% (SEAL) , �� tits J• es Snowden \\���PFtt ES (IQ G .GpMM/S'.G, p; EXPIRES z•' Apr, ,2019 STATE OF �E • ; CITY/COUNTY OF Ke-.1\11. , to-wit; % 9• rRr PUO:•4,41 .� I, U)UtS ChC}.r'1QS ,,y(61/4' , a Notary Public in and for the City and State aforesaid,do hereby certify that James Snowden has acknowledged the same before me in my City and State. GIVEN under my hand this 15 day of A..x,uS , 2018. (SEAL) Notary Public ID#: My Commission Expires: A(N II 21 20(K 11rpjrpc-shslsharrd\COMPANY DOCUMENTS'•.Development Documents Proffer Agreement - Princess Anne Meadows I.l-C' & Snowden 8.10.I8.doc 7 REACKNOWLEDGEMENT STATE OF DELAWARE, CITY OF KENT,to-wit; The foregoing instrument was re-acknowledged before me this day of , 2018,by James Snowden, whose name is signed to the writing above. (SEAL) Notary Public ID#: My Commission Expires: Ilrpjrpc-shs\shared'\C0MPANY UO('UME:N I SNOW Seha's Shared Documents'Iteacknow ledgementµith Notart•JSnoaden ducr GPINs: 1494-47-0310 1494-46-1695 1494-47-1877 1494-46-4666 1494-47-5502 1494-47-5847 1494-47-9615 1494-48-1279 1494-48-2492 1494-48-5388 1494-48-3050 A Portion Of 1485-84-1210 8 EXHIBIT "A" PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of"the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "30 Acres"on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 Acres of Land Near Land 's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6. at page 243: SAVE and EXCEPT, however, the following portions thereof. (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk 's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) ALL THAT that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 Acres of land near Land 's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale I "= 100'- June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia; " and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. PARCEL 2 ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff,"and being more particularly bounded and described as follows;to-wit: BEGINNING at a pin in the southwestern line of the Norfolk-Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21°44' 20" W 54.48 feet to a point: thence along a center line of a ditch N 57° 53' W345.32 feet on a pin; thence along the centerline of a ditch N 7° 24' 30" E 251.33 feet to a pin in the southwestern line of the Norfolk- Southern Railroad Right of Way; thence along said right of way S 36° 15' E 473.95 feet to the point of beginning. 9 LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road.(GPIN Nos. 1494-46-1695 and 1494-47-0310). PARCEL 3: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F 6.1 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) PARCEL 4: ALL THA"f certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "GI 2.0 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13. 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat and being more particularly described as follows, to-wit: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF AN UNNAMED 20' R/W WITH THE CENTERLINE OF THE 66' N & S R.R. R/W AS SHOWN ON PLAT ENTITLED "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", DATED MAY 13, 1949, PREPARED BY W.B. GALLUP, COUNTY SURVEYOR, AND WHICH PLAT IS DULY OF RECORD IN THAT CERTAIN ENDED CHANCERY FILE NUMBER 1810 IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, WHEREIN RUTH B. FORBES, WIDOW, ET ELS, WERE PLAINTIFFS & BENJAMIN RUSSELL, ET ALS, WERE DEFENDENTS, THENCE PROCEEDING ALONG THE CENTERLINE OF SAID 20'R/W, S 08° 21'00" W, 47.00' TO THE TRUE POINT OF BEGINNING SAID POINT ALSO BEING LOCATED ON THE SOUTHERN R/W OF THE 66' N & S R.R. R/W, THENCE PROCEEDING ALONG THE SOUTHERN R/W OF THE 66'N & S R.R. R/W, S 36° I 5'00"E, 10 14.24' TO A POINT ON THE EASTERN R/W OF SAID 20' R/W, THENCE TURNING AND PROCEEDING ALONG THE EASTERN R/W LINE OF SAID 20'R/W, S 08° 21'00" W, 220.66' TO A POINT AT THE SOUTHERN TERMINUS OF SAID 20' R/W, THENCE TURNING AND PROCEEDING ALONG THE SOUTHERN TERMINUS OF SAID 20' RJW, N 81° 39'00" W, 20.00' TO POINT ON THE WESTERN R/W LINE OF SAID 20' R/W, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT GI, THENCE PROCEEDING ALONG THE SOUTHERN PROPERTY LINE OF GI, N 81° 39'00" W, 252.72' TO A POINT AT THE SOUTHWEST CORNER OF LOT GI, THENCE TURNING AND PROCEEDING ALONG THE WESTERN PROPERTY LINE OF LOT GI, THE FOLLOWING COURSES AND DISTANCES: N 08° 26'00"E, 237.38'TO A POINT, THENCE N 21° 44'00"E, 214.88' TO A POINT AT THE NORTHWEST CORNER OF LOT GI, SAID POINT ALSO BEING ON THE SOUTHERN R/W LINE OF THE 66' N & S R.R. R/W, THENCE TURNING AND PROCEEDING ALONG THE NORTHERN PROPERTY LINE OF LOT GI, SAID LINE ALSO BEING THE SOUTHERN R/W LINE OF THE 66'N & S R.R. R/W, S 36° 15'00"E, 288.59' TO A POINT AT THE NORTHEAST CORNER OF LOT G1, SAID POINT ALSO BEING ON THE WESTERN R/W OF SAID 20'R/W,THENCE CONTINUING S 36° 15'00"E, 14.24' TO A POINT ON THE CENTERLINE OF THE SAID 20' RJW, SAID POINT BEING THE TRUE POINT OF BEGINNING. AREA OF LOT GI AND ADJOINING 20' UNNAMED R/W DESCRIBED HEREIN BEING 91,303.9 S.F./2.10 ACRES. TOGETHER WITH all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the Grantor for ingress and egress to a publicly dedicated street over property of the Grantee. PARCEL 5: BEGINNING AT THE INTERSECTION OF THE PROLONGATION OF THE SOUTHERN R/W LINE OF PLEASANT ACRES DRIVE WITH THE PROLONGATION OF THE WESTERN R/W LINE OF PLEASANT LAKE DRIVE AS SHOWN ON PLAT ENTITLED SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2, DATED JUNE 30, 1995. PREPARED BY THE TAF GROUP, AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 249 PAGE 60; THENCE PROCEEDING ALONG THE WESTERN R/W LINE OF PLEASANT LAKE DRIVE, S 45° 26' 13" W. 125.00'TO A POINT AT THE INTERSECTION OF THE WESTERN R/W LINE OF PLEASANT LAKE DRIVE AND THE NORTHERN PROPERTY LINE OF PROPERTY OF VIRGINIA ELECTRIC & POWER COMPANY; THENCE TURNING AND P PROCEEDING ALONG SAID NORTHERN PROPERTY LINE, N 44° 33' 47" W, 1328.73' TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE NORTHERN PROPERTY LINE OF PROPERTY OF VIRGINIA ELECTRIC & POWER COMPANY AND PROCEEDING, S 45° 26' 13" W, 66.00' TO A POINT ON THE SOUTHERN PROPERTY LINE OF PROPERTY OF VIRGINIA ELECTRIC & POWER COMPANY; THENCE TURNING AND PROCEEDING ALONG SAID SOUTHERN PROPERTY LINE, N 44° 33' 47" W, 55.00' TO A POINT; THENCE TURNING AND PROCEEDING, N 45°.26' 13" E, 66.00' TO A POINT ON THE NORTHERN PROPERTY LINE OF PROPERTY OF VIRGINIA ELECTRIC & POWER COMPANY; THENCE 11 TURNING AND PROCEEDING ALONG SAID NORTHERN PROPERTY LINE, S 44° 33' 47" E, 55.00' TO THE TRUE POINT OF BEGINNING. PARCEL HEREIN DESCRIBED BEING 3,630.00 SQUARE FEET/0.0833 ACRES IN SIZE, MORE OR LESS, AND BEING MORE PARTICULARLY SHOWN ON A PLAT PREPARED FOR VIRGINIA ELECTRIC & POWER COMPANY BY GALLUP SURVEYORS & ENGINEERS, LTD., DATED JUNE 4, 2014 ATTACHED TO DEED RECORDED AS INSTRUMENT NO. 20141112001073230. PARCEL 6: ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate. lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "'Tract G-2 1.3 Ac." and "Tract G-3 4.7 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE-PRINCESS ANNE CO, VA", which said plat is dated May 13, 1949. and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants. reference to said plat and being more particularly described as follows,to-wit: Metes& bounds description of Lot G2 with the Western half of the adjoining unnamed 20' RJW as follows,to-wit: BEGINNING at the intersection of the centerline of an unnamed 20 R/W with the centerline of the 66'N&S R.R. R/W as shown on plat entitled "property of J.T. Brown Estate, located near P.A. COURT HOUSE-PRINCESS ANNE CO., VA." dated May 13, 1949. prepared by W.B. Gallup. County Surveyor, and which plat is duly of record in that certain ended chancery file number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et els, were plaintiffs & Benjamin Russell et als, were. defendants, thence proceeding along the centerline of said 20 R!W, N 06° 41' 00" E, 48.45' to the true point of beginning said point also being located on the Northern RJW line of the 66 N&S R.R. RJW, thence proceeding along the Northern R/W line of the 66 N&S R/W, N 36° 15'00" W, 14.68'to a point on the Western RJW line of said 20' R/W, said point also being at the Southeast corner of Lot G2, thence proceeding along the Southern property line of Lot G2, said property line also being the Northern R/W of the 66 N&S R.R. RJW, N 36° 15' 00" W. 260.48' to a point at the Southwest corner of Lot G2, thence turning and proceeding along the Western property line of Lot G2, N 21° 44' 00" E, 297.38' to a point at the Northwest comer of Lot G2, said point also being on the Southern R/W line of said 20' RJW, thence turning and proceeding along the Northern property line of Lot G2, said property line also being the Southern R/W line of said 20 RJW, S 69° 38' 00" E. 103.14' to a point at the Northeast corner of Lot G2. said point also being on the Western RJW line of said 20 RJW, thence continuing S 69° 38' 00" E. of said 20' RJW, S 06° 41'00" W, 461.81' to a point on the Northern R/W line of the 66' N&S R.R. RJW, said point being the true point of beginning. Area of Lot G2 and Western half of the adjoining unnamed 20' R.W herein described being 60, 138.2 S.F. /1.38 acres. 12 Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. PARCEL 7: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract D 2 7.5 Ac.", as shown on that certain plat entitled, "Property of J. T. Brown Estate, Located near P.A. COURT HOUSE- PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to-wit: BEGINNING at the intersection of the centerline of an unnamed 20 R/W with the centerline of the 66' N&S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, located near P.A. COURT HOUSE-PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes widow, et als. were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20 R/W, N 06° 41' 00" E, 48.45' to the true beginning, thence proceeding along the centerline of said 20 R/W, N 06" 41' 00" E, 459.75' to a point, thence turning and proceeding, S 82° 05' 00" E, 13.45' to a point on the Eastern R/W line of said 20 R/W, said point also being the Northwest comer of Lot D2, thence continuing along the Northern property line of Lot D2 the following courses and distances: S 82° 05' 00" E, 294.85' to a point, thence S 80° 54' 00" E, 130.70' to a point at the northeast corner of Lot D2, thence turning and proceeding along the Eastern property line of Lot D2, S 03° 21' 00" W, 982.33' to a point at the Southeast comer of Lot D2, said point also being on the Northern R/W line of the 66 N&S R.R. R/W, thence turning and proceeding along the Southern property line of Lot D2, said Southern property line also being the Northern R/W line of the 66 N&S R.R. R/W, N 36° 15'00" W, 713.40 ' to a point at the Southwest corner of Lot D2, said point also being located on the Eastern R/W line of said 20 R/W, thence proceeding N. 36° 15'00" W, 14.68' to a point on the centerline of said 20 R/W, said point being the true point of beginning. Area of Lot D2 and Eastern half of the adjoining unnamed 20' R/W herein described being 329, 236.1 S.F./7.56 acres. Which parcel includes the adjoining on-half of the 20' right-of-way depicted on the aforesaid plat. PARCEL 8: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, Virginia Beach,Virginia,and more particularly described as follows: 13 BEGINNING at a pin in the southeastern corner of the lot herein to be described, which pin is on the northern side of the 20-foot right of way leading from Holland Swamp Road, and from said pin running thence north 77 degrees, 53 minutes west 219.97 feet to a pin (which pin is 171.12 feet as measured along the northern side of the said 20-foot right of way from a pin to the eastern edge of the V.E.P.C.O. R/W); thence turning and running North 12 degrees, 07 minutes East 190 feet to a pin; thence North 22 degrees 45 minutes 30 seconds West 210.76 feet to a pin; thence North 17 degrees 29 minutes East 535 feet to a pin in a ditch between this property and the property of Sam Wilson; thence turning and running along the said Ditch South 15 degrees 11 minutes East 123.1 feet to a pin; thence turning and running along the South 24 degrees 18 minutes West along the centerline of a ditch 139.9 feet to a point; thence continuing along the said centerline of the ditch South 15 degrees 58 minutes West 200.3 feet to a point; thence continuing South 10 degrees 36 minutes West 141.0 feet to a point; thence South 14 degrees 31 minutes East 461.7 feet to a pin in the Northern side of the said 20-foot right of way,the point of beginning. PARCEL 9: ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, formerly known as Seaboard Magisterial District, Princess Anne County, Virginia, and designated as Parcel B containing 1.75 acres. more or less, on the Subdivision Bowen River as shown on the Plat of William C. Etheridge and Herman and Vernell Rodgers, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 83 at Page 9,together with the building thereon. PARCEL 10: Al I, THAT certain tract, place or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and containing 2.6 acres and being more particularly bounded as follows,to wit: BEGINNING at a pin the Eastern side of the Right of Way of the Virginia Electric and Power Company Right of Way where that same intersects the Northern side of a 20-foot Right of Way leading from Holland Swamp Road, and from said pin running thence along the Eastern side of the said Virginia Electric and Power Company Right of Way North 36 degrees 08 minutes West 78.93 feet to a pin in the dividing line between this property and the property of Riddick; thence running along the dividing line between this property and the property of Riddick North 17 degrees 29 minutes East 850.5 feet to a pin in the dividing line between this property and the property Isaac Gould, the same being in the centerline of a ditch; thence turning and running along the centerline of said ditch South 75 degrees 11 minutes East 80 feet to a pin; thence turning and running South 17 degrees 29 minutes West 535.0 feet to a pin; thence turning and running South 22 degrees 45 minutes 30 seconds East 210.76 feet to a pin; then South 12 degrees 07 minutes West 190 feet to a pin in the Northern side of a 20-foot Right of Way;thence turning and running along the Northern side of the said 20-foot Right of Way North 77 degrees 53 minutes West 171.12 feet to a pin, the point of BEGINNING. 14 PARCEL 11: Beginning at a Point on the southeast corner of the aforementioned property and the northerly line of Virginia Electric and Power Company right of way; thence along the Virginia Electric and Power Company right of way North 44°33'41" West a distance of 445.17' to a point; thence South 86°06'43" East a distance of 383.31 to a point; thence South 13°31'45" West a distance of 299.50'to a point being the Point of Beginning. 15 95 ITEM—VI-K8 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68665 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of ANDERSON'S VIRGINIA BEACH, LLC/AGI-VB HOLDINGS, LLC for a Conditional Use Permit re Outdoor Recreational Facility at 1925 Fisher Arch DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ANDERSON'S VIRGINIA BEACH,LLC/AGI-VB HOLDINGS,LLC for a Conditional Use Permit re Outdoor Recreational Facility at 1925 Fisher Arch (GPIN 2414316336)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. Prior to construction of the miniature golf course, a site plan in substantial conformance to the site layout entitled "MINIATURE GOLF CONCEPT PLAN 1925 FISHER ARCH, VB BEACH"by ANDERSON'S LANDSCAPES, dated AUGUST 2018, shall be submitted for detailed site plan review and approval. Said plan is on file in the Department of Planning and Community Development. 2. The location of the Outdoor Recreation Facility shall be limited to the area depicted on the proposed site layout on page five (5) of the Staff Report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the property is developed, the pavilion and fence shall have architectural features, and appearance of like quality and character as depicted on page six(6) of the Staff Report, entitled "Proposed Pavilion Elevation and Fence Design,"which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 4. All light fixtures shall be shielded and angled away from the adjacent residential uses. 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 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 \\\\\ \ \ '\ \•\s ..... \ \ \\X\ \\\\% \\\\\ ,\ ts121 \ \\\ iN -\44\ N, \\\'\‘ \ • \ \\\\\\\ \\, , tz:, \ 4.4•,% \\ \\-k\ \ \ \ \\ 4 • Ns. Nu.] , \ --------7—= 4 N ,,, \\.\\. ‘ #4. . , 4,3 \ / A \ / \ C 3 1 I I\Tim‘ t•I 31 \\\ \ ' 44 \\\\ • \ \ ::, ::\ \ '4140 ,,. 7 ‘'\\ \ *44\ \ /, \ \Ill \\\\*, \, \ \\ ‘ , \ \\ \ \\ // ‘ ' \\\\\\\ \, \ I'll \ ‘ -,\ / •.:“3 \\it \• %\ „/ \ \\\\ N) \ , / / 1 * iN 44 \\N. \\\\,\,\\ %\\\ l em, \ \ , ,.\\. \ C? \ \\\\\\, \\‘k,\ \ \ I_ ,\‘\.\\*\\\,\ „\\ \ \ \\.\\71:\\\ \ 03 ,, ,,, \ \\\\\ \\\\\ \ \ a \\-\ ,;;,..\.; \\;.. • 96 ITEM—VI-K.9 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68666 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of JASMEEN GOULD/CRUZ LIVING TRUST for a Conditional Use Permit re Family Day-Care Home at 4440 Pissarro Drive DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JASMEEN GOULD / CRUZ LIVING TRUST for a Conditional Use Permit re Family Day-Care Home at 4440 Pissarro Drive (GPIN 1475669073)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve(12)children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20`"day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 Li_s____3 0 ______, CD L_,_) L_______i \ ____________ ._________________-_— `._ -_____- -- Qi'ggartio Ctirc18 ___- es ici] 0 \ c ______ C::=3. \\\\ yi ti i 1,110 0 \ -is B o off. ci 7 0 Iv i Efl\ D , 1 \ -Eli\ a O y� L. ,. \ B .a. jEl ( ---\\ ,_ 1 0 0 s atuque Circle s irk e Eli 1 10 noir IlkR 0 `',\ '1r 0 \n is c3 17 97 ITEM—VI-K10 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68667 Upon motion by Vice Mayor Wood, seconded by Council Member, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of KYLE W. & BAILEY B. FETT for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 633 Princess Anne Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KYLE W. & BAILEY B. FETT for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 633 Princess Anne Road (GPIN 2308792616)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF KYLE W. FETT&BAILEY B. FETT,"dated June 28, 2018, and prepared by WPL. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 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 20th day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 N N Q N I • • N 11/4. 0 iNt A. 44 th � r Q ❑ c:=D_ NF Q LIr 0 0 Q 98 ITEM—VI-K.11 PLANNING—ITEMS FOR RECONSIDERATION FROM OCTOBER 16,2018 CITY COUNCIL MEETING ITEM#68668 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, ADOPTED, BY CONSENT, Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton Station Strategic Growth Area Master Plan 2009 and AMEND the Executive Summary, Sections 1.2 (Urban Areas), and Chapter 3 (Plan Implementation and Agenda for Future Action) of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 BURTON STATION STRATEGIC GROWTH AREA 4 MASTER PLAN 2018 WHICH WILL SUPERSEDE THE 5 BURTON STATION STRATEGIC GROWTH AREA 6 MASTER PLAN 2009 AND TO AMEND THE EXECUTIVE 7 SUMMARY, AND SECTIONS 1.2 (URBAN AREAS), AND 8 CHAPTER 3 (PLAN IMPLEMENTATION AND AGENDA 9 FOR FUTURE ACTION) OF THE COMPREHENSIVE PLAN 10 2016 PERTAINING TO THE BURTON STATION 11 STRATEGIC GROWTH AREA PLAN 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 has 17 been developed with extensive input from the community and stakeholders, in order to 18 bring the Burton Station SGA into compliance with the surrounding development; and 19 20 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 is in 21 conformity with the proposed revisions to the Comprehensive Plan, attached hereto; 22 and 23 24 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 should 25 be adopted and incorporated as part of the Comprehensive Plan 2016. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 31 is, amended and reordained by: 32 33 The adoption by City Council of the City of Virginia Beach of the Burton Station 34 Strategic Growth Area Master Plan 2018 and the amendments to the Comprehensive 35 Plan and their incorporation into the Comprehensive Plan 2016. Such documents are 36 attached hereto and made a part hereof, having been exhibited to the City Council and 37 placed on file in the Department of Planning and Community Development. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20th 40 day of November , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 41 . A 11111, A,A - '43 1)) )( ^ anning Dep. ent City Attorney's Office CA14454 R-1 June 6, 2018 2 99 ITEM—VI-K.1 PLANNING—ITEMS DEFERRED FROM NOVEMBER 13, 2018 CITY COUNCIL MEETING ITEM#68669 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, APPROVED, AS CONDITIONED, BY CONSENT, Application of KIRBOR, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 3716 West Neck Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA KIRBOR, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 3716 West Neck Road (GPIN 2402237660) DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF 3716 WEST NECK ROAD PROPERTY OF KIRBOR, LLC"dated July 30, 2018 and prepared by Renew the Bay, LLC. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwelling constructed shall substantially adhere in architectural features and appearance and size to the submitted elevation, entitled, "THE THOMAS KIRBOR HOMES". Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Prior to the issuance of a building permit, approval from the Virginia Beach Health Department for private well and private septic facilities shall be obtained. 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 20`x' day of November, Two Thousand Eighteen. Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 I 0 I 0 'Ck o V r'' 0 . /7 / r r . ._______________= 0 • , 1„; -/0 _ ‘,0 - 0 ,,,„5 %a i /*/r / cr,) ep ) Q... F ,c ...eir N 0 f , f/:t` \� 01 Tml i N Cod, ., 100 ITEM—VI-K.2 PLANNING—ITEMS DEFERRED FROM NOVEMBER 13, 2018 CITY COUNCIL MEETING ITEM#68670 Upon motion by Vice Mayor Wood, seconded by Council Member Kane, City Council, DEFERRED TO DECEMBER 11, 2018, BY CONSENT, Application of DAM NECK STORAGE PARTNERS, LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7—PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 101 ITEM VI-L APPOINTMENTS ITEM#68671 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION BOARD OF BUILDING CODE APPEALS—NEW CONSTRUCTION DIVISION BOARD OF BUILDING CODE APPEALS—PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION November 20, 2018 102 ITEM VI-L. APPOINTMENTS ITEM#68672 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CHRIS HAMILTON Three year term 11/20/18—10/31/21 BEACHES AND WATERWAYS ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 103 ITEM VI-L. APPOINTMENTS ITEM#68673 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: SCOTT COLE STEVEN KOZIOL MICHAEL SWINDELL 2 year term 1/1/19—12/31/20 BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 104 ITEM VI-L. APPOINTMENTS ITEM#68674 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: ARMOND REICH CHRIS ETTEL RICHARD HUDSON RICK SA VINO 2 year term 1/1/19—12/31/20 BOARD OF BUILDING CODE APPEALS—NEW CONSTRUCTION DIVISION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 105 ITEM VI-L. APPOINTMENTS ITEM#68675 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: GRIFFITH BRINKLEY RICHARD CORNER MICHAEL LATHROP PETER STRIFFLER 2 year term 1/1/19—12/31/20 BOARD OF BUILDING CODE APPEALS—PLUMBING AND MECHANICAL DIVISION Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 106 ITEM VI-L. APPOINTMENTS ITEM#68676 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ROBERT THORNTON Five year term 1/1/19—12/31/23 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M Benjamin Davenport November 20, 2018 107 ITEM VI-L. APPOINTMENTS ITEM#68677 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: AL WALLACE Three year term 1/1/19— 12/31/21 and REAPPOINTED: WAYNE MCCOY Three year term 1/1/19—12/31/21 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent.• M. Benjamin Davenport November 20, 2018 108 ITEM VI-L. APPOINTMENTS ITEM#68678 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: CARROLLYN COX GERALDINE HUNT Three year term 1/1/19— 12/31/21 COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 109 ITEM VI-L. APPOINTMENTS ITEM#68679 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DAVID L.HANSEN (Representing City Manager—Alternate Member) No Term HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 110 ITEM VI-L. APPOINTMENTS ITEM#68680 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JOSH CANADA RICHARD POOLE Three year term 11/20/18—10/31/21 and REAPPOINTED: MARY SCHMIDT DAMIAN SEITZ Three year term 11/1/18—10/31/21 HISTORICAL REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 111 ITEM VI-L. APPOINTMENTS ITEM#68681 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DAMON WATSON Two year term 11/20/18—10/31/20 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 112 ITEM VI-L. APPOINTMENTS ITEM#68682 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: GEORGE ALCARAZ (Beach District) WALTER GRAHAM (Lynnhaven District) Four year term 1/1/19— 12/31/22 and REAPPOINTED: DAVID REDMOND (Bayside District) JACK WALL (Rose Hall District) Four year term 1/1/19— 12/31/22 PLANNING COMMISSION Voting.• 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M Benjamin Davenport November 20, 2018 113 ITEM VI-L. APPOINTMENTS ITEM#68683 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: MICHAEL SUMMERS Four year term 9/1/18—8/31/22 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 114 ITEM VII-L. APPOINTMENTS ITEM#68684 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CYNTHIA HAWKS WHITE KATIE CRUM Five year term 11/20/18—10/31/23 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John D. Moss, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: M. Benjamin Davenport November 20, 2018 115 ITEM VI-L. APPOINTMENTS ITEM#68685 Upon NOMINATION by Council Member Wilson, City Council REAPPOINTED: WILLIAM GAMBRELL JAMES JORDAN KATHERINE PAULSON SHARON PRESCOTT JAMES B. (JIMMY) WOOD Three year term 1/1/19—12/31/21 HISTORICAL PRESERVATION COMMISSION Voting: 8-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, and Sabrina D. Wooten Council Members Abstaining.• Vice Mayor Wood John D. Moss Council Members Absent: M. Benjamin Davenport November 20, 2018 116 ADJOURNMENT ITEM#68686 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 6:42 P.M. ThrrrH:£kelius Chief Deputy City Clerk ‘ ' 1\1\03\IN panda Barnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia November 20, 2018