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Home My WebLink About12-11-2018 FORMAL SESSION MINUTES 4: F s,► VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 11, 2018 Mayor Robert M Dyer called to order the CITY MANAGER'S BRIEFINGS in in the City Council Conference Room, Tuesday, December 11, 2018, at 2:30 P.M Council Members Present: Jessica P.Abbott, M. Benjamin Davenport, 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: None 2 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 2:31 P.M. Mayor Dyer welcomed Alice Kelly,Interim Director—Finance. Ms. Kelly expressed her appreciation to City Council for their continued support: Comprehensive Ann .. e.ort e•KIYNffn*OJ•,,JO t _ '•V•qm+EbxM.Y.glnu AUDITED FINANCIAL 6. RESULTS FOR THE : ,.. FISCAL YEAR ENDED .moi r JUNE 30,2018 s`� a , 4041. \ DECEMBER 11,2018 T k wit Here is the Agenda: AGENDA •Comprehensive Annual Financial Report (CAFR) •Clifton, Larson, Allen Comments •FY 2018 Audited Financial Statements •Entity Wide Statements- GASB 34 •General Fund •School Operating Fund •Enterprise Funds •TIP Fund and TAP Fund •Debt - June 30, 2018 •FY 2019 results through November 30, 2018 December 11, 2018 3 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here is an overview of the Comprehensive Financial Report(CAFR): COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) • Introductory Section •Letter of Transmittal • Financial Section •Independent Auditor's Report •Management's Discussion and Analysis •Basic Financial Statements •Government-Wide Financial Statements-reports net position •Governmental Fund Financial Statements-reports fund balance •Proprietary Fund Financial Statements • Required Supplementary Information •Combining and Individual Financial Statements(ISFs,SRFs,Fiduciary) •Statistical Section •Single Audit •Continuing Disclosures Ms. Kelly turned the brief over to Greg Bussink, External Auditor- Clifton Larson Allen. Mr. Bussink expressed his appreciation to the City Council and the Finance Department for their assistance: We promise to PIA r and tVitirA. , Alf It ,e, City of Vi •• 2018 Comprehensive Annual Financial Reporting (CAFR)Results December 11, 2018 4 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here are the Audit Results with no findings of material weaknesses or significant deficiencies: Audit Results Auditors'Opinion on Financial Statements—Unmodified Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards — no material weaknesses or significant deficiencies noted Audit Results-continued • Independent Auditors' Report on Compliance for Each Major Federal Program,Report on Internal Control,and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance • One Finding:Section 8 Voucher — Rent reasonableness Wepromise mkan�oua�al December 11, 2018 5 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here is an overview of the Required Communications: Required Communications •As described in Note 11,the City implemented GASB Statement No. 75, Accounting and Financial Reporting for Pasternployment Benefits Other Than Pensions. This statement required accrual of the OPEB liability, additional disclosures in the footnotes,and restatement of beginning net position. •Accounting estimates •Financial statement disclosures •No difficulties encountered during the audit •No disagreements with management el Wepromiserabmwlruandlvfj,r. -__ Required Communications-continued •No corrected or uncorrected misstatements •Management representations •Management consultations with other independent accountants •Audit of group financial statements •Other information in documents containing audited financial statements • Required supplementary information •Supplementary information •Schedule of Expenditures of federal Awards eWe promise tslas randkitir. . December 11, 2018 6 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Mr. Bussink again expressed his appreciation for all of the cooperation during the audit and turned the brief over to Ms. Kelly: CLAconne«.com Greg Bussink, CPA, CGFM4 Principal Greg.Bussink@CLAconnm Oyoutubcrun - Here is a Comparison of Net Position to Fund Balance: COMPARISON OF NET POSITION TO FUND BALANCE Net Position Fund Balance •Total Economic •Current Financial Resources Resources Measurement Measurement •Long-Term •Near-Term fiscal operational accountability accountability •Budgetary Compliance •Legal Compliance cove. December 11, 2018 7 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) The Statement of Net Position for All City Funds is$11.1-Million: STATEMENT OF NET POSITION - ALL CITY FUNDS JUNE 30, 2018 (IN MILLIONS) Detwosmese City Schools Total Coreoreaon Current Assets E 1189.9 6 199.1 $ 1,389.0 $ 5.8 Capital Assets 4,511.8 535.3 5,047.1 26.9 Deferred Outflows of Resources 75.0 115.4 190.4 - Total Assets and Deferred 5,776.7 849.8 6,626.5 32.7 Outflows of Resources Current Liabilities 108.5 91.2 199.7 0.3 Net Pension Llabillty 350.2 639.2 989.4 Net OPEB Uebiiity 105.6 164.2 269.8 - Otlwr Long-Term liabilities 1,443.9 51.1 1,495.0 21.3 Deferred Inflows of Resources 55.2 99.4 154.6 - Total Liabilities and Deferred 2063.4 1,0451 3,108.5 21.8 Inflows of Resources Net Position: Net Investment in Capital Assets 3,176.7 535.3 3,712.0 5.6 Restricted 96.0 27.8 123.8 - Unrestricted 440.6 (758.5) (317.9) 5.5 Total Nat Position $ 3,713.3 $ (195.4) $ 3,517.9 $ 11.1 GFR Exhibit 1 0055.2 The unassigned fund balance as of June 30`h was$114.3-Million or 9.87%of the fund balance as required by City Council Policy: GENERAL FUND BUDGET TO ACTUAL JUNE 30, 2018 (IN MILLIONS) %of BUDGET ACTUAL VARIANCE Budget LOCAL $ 960.2 $ 965.2 $ 5.0 0.5% STATE 158.9 158.8 (0.1) -0.1% FEDERAL 21.7 23.1 1.4 6.5% TOTAL REVENUES $ 1,140.8 $ 1,147.1 $ 6.3 0.6% CITY $ 693.6 $ 643.8 $ 49.8 7.2% CITY CAPITAL PROJECTS 62.4 62.4 - - SCHOOLS 438.6 415.7 22.9 5.2% SCHOOL RESERVE FUND 17.6 8.8 8.8 50.0% SCHOOLS CAPITAL PROJECTS 4.5 4.5 - TOTAL EXPENDITURES $ 1,216.7 $ 1,135.2 $ 81.5 6.7% REVENUES OVER(UNDER) $ (75.9) $ 11.9 $ 87.8 FUND BALANCE-JULY 1 218.2 LESS:RESERVATIONS (115.8) UNASSIGNED FUND BALANCE-JUNE 30 $ 114.3 General Fund Balance only as a percent of FY2019 Revenues is 9.87% co0e.3 December 11, 2018 8 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here are the Total Revenues-General Fund: TOTAL REVENUES - GENERAL FUND JUNE 30, 2018 (IN MILLIONS) FY2018 YID FY 201717D VARIANCES Budget Actual Variance % Actual Actud % •Real haste Taws 8620 s 5266 s I- .1: - 420 5411, 80 % Pcrsnal Proper))Taws 1025 1081 5.6 5.5 I01I 80 80 Commonwealth-PETRA 53.4 53.4 - - 53.4 0.0 0.0 General Sales Tax 65.1 63.5 (1.6) (3.5) 62.6 0.9 13 1944n Tates 25.8 25.9 0.1 0.4 25.3 0.6 21 Teleconamdcatioos Taxes 24.9 24.0 (0.9) (3.6) 193 4.5 22.9 Business licenses 46.8 48.7 19 4.0 47.0 1.7 3.6 • Hotel Tats 7.2 7.2 0.0 01 6.9 03 4.8 • Meal Tann 43.8 422 (1.6) (3.7) 413 07 1.7 •Iixarette Taws II.) 10.6 (03) (4.2) 11.1 (0.5) (4.1) human Services names 27.2 25.7 (1.4) (5.3) 25.8 (0.1) (0.2) 1 neer Onuge For Services 39.4 38.1 (1.3) (3.2) 19.9 181 91.6 eaher local Revenues 34.2 37.8 3.6 10.4 42.9 (5.1) 02.0) I ormonwn(h-Maintenance of Roads 495 48.6 (1.0) (2.0) 489 (0.3) (0.7) I omronweahh-Homo Services Remo. 28.4 29.1 0.7 2.6 316 (2.5) (7.9) • ('ormonweahh-Other State Revenues 284 281 (0.2) (0.9) 23.5 4.7 23.0 • Icdenl Revenues 21.7 23.1 14 6.3 22.1 1.0 4.4 • I ons fors fmrOther Funds 9.4 9.3 (0)) (0.7) 34.3 (25.0) 172.91 $1.140.7 11.147.1 S 6.4 04 f 1,098.4 JAL. on 551, -Laceededbed8et 5,5*ender budget nlne•I:.der Budget b.t exceeded Pd.r ties, Can•4 Here is the Total Fund Balance Reservations as of June 30, 2018: TOTAL FUND BALANCE RESERVATIONS JUNE 30, 2018 (IN MILLIONS) Total Fund Balance June 30,2018 $ 230.1 Less Reservations: Inventories 8.Loans Receivable 11.0 Community Services Board Restricted Funds 2.2 School True-Up 1.5 School Reversion 22.9 School Reserve Fund 17.3 Carryforwards and Encumbrances 11.6 Trust and Gift Funds 1.1 FY 2019 City CIP Budget 31.9 FY 2019 School Operating Budget 0.4 FY 2019 School CIP Budget 3.6 Risk Management 1.8 Human Services Electronic Implementation 4.0 Salary Compression for FY 2019 3.0 Increase CIP for Beach Replenishment 3.5 115.8 Total Unassigned Fund Balance FY 2018 $ 114.3 %of FY2019 Budgeted Revenues 9.87% Cove•s December 11, 2018 9 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here is a chart depicting the history of the Unassigned General Fund Balance between June 30, 2009 and 2018: UNASSIGNED GENERAL FUND BALANCE AS OF JUNE 30, 2009 THRU 2018 (IN MILLIONS) $200 T 18.0% 11.9% 8150- ...................................... ........._10:796 ...__30.4%-_...._....__.._......_..__......._._...........-10.5%..._.._..._._.._12.0% 8.9% 9.5% 9.3% 10.1% 9.9% • $1184 1114.3cc $3.00 _, $102.1 1104.0 -$1021 - - $1071,- --' - 8.0% v $92.7 $98.1 807.0 $50. - _ _ _ - 4.0% $0 I - - - 0.0% 2009 2010 2011 2012 2013 2014 2015 2018 2017 2013 =Unassigned GF Balance -1%of Budgeted OF Rwenua cove•6 The School Operating Fund-Revenues&Expenditures Budget to Actual as of June 30, 2018 is$22.9- Millon: SCHOOL OPERATING FUND - REVENUES & EXPENDITURES BUDGET TO ACTUAL AT JUNE 30, 2018 (IN MILLIONS) Rudget A0tUal Variance REVENUES: City-FY18 Contribution $ 448.1 $ 448.1 $ - City-School Reserve Fund 8.4 8.4 - State Share of Sales Tax 73.7 74.3 0.6 Commonwealth 273.5 273.2 (0.3) Federal Government 12.2 12.6 0.4 Other 2.8 3.4 0.6 Total Revenues $ 818.7 $ 820.0 $ 1.3 EXPENDITURES: Salaries $ 459.5 $ 447.8 $ 11.7 Fringe Benefits 174.2 173.0 1.2 Operating Expenses 108.5 103.8 4.7 Capital Outlay 19.6 18.9 0.7 Debt Service 44.9 42.2 2.7 Transfers 12.6 12.0 _ 0.6 Total Expenditures* $ 819.3 $ 797.7 $ 21.6 Total School Reversion $ 22.9 •Includes encumbrances of$7.0 million Per City Council policy.amount reverted back to City is reappropriated back to the schools. In addition to reversion,total revenue True-Up(34.11%of non-dedicated Local Taxes)of$1.5M was reappropriated to schools in FY2019. .7 December 11, 2018 10 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here is an overview of the Enterprise Funds: ENTERPRISE FUNDS AT JUNE 30, 2018 (IN MILLIONS) Water and Wade Sewer Storm Water Management Parking Cash and Investments $ 120.9 $ 38.3 $ 7.1 $ 4.9 Cash and Investments-Restricted 77.0 6.0 -Other Assets+Deferred Outflows 736.1 383.9 13.3 0.5 Total Assets Deferred Outflows 9340 428.2 20.4 5.4 Total Liabilities+Deferred Inflows 255.6 61.3 9.1 1.1 Net Investment in Capital Assets 494.2 334.2 6.9 0.5 Future Debt Services 18.0 3.4 - - Unresmaed(defidt) 166.2 29.2 4.3 3.9 Total Net Position 678.4 366.8 11.2 4.4 Operating Revenues 125.3 41.7 35.1 6.0 Operating Expenses (112.8) (32.8) (37.5) (4.0) Operating Income(loss) 12.5 8.9 (2.4) 2.0 Other(non operating and capital contributions) 4.1 10.8 5.9 (1.7) Change in Net Position $ 16.6 $ 19.7 $ 3.5 $ 0.3 Cove•8 The Development Authority had a change in net position of$26.1-Million: DEVELOPMENT AUTHORITY AT JUNE 30, 2018 (IN MILLIONS) Development Authorlq Cash and Investments $ 8.9 Cash and Investments-Restricted 2.6 Other Assets*Deferred Outflows 162.8 Total Assets+Deferred Outflows 174.3 Total Liabilities+Deferred Inflows 80.3 Net Investment in Capital Assets 37.1 Future Debt Services 6.4 Unrestricted(deficit) 50.5 Total Net Position 94.0 Operating Revenues 4.2 Operating Expenses (14.9) Operating income(Loss) (10.7) Other(non operating and capital contributions) 36.8 Change In Net Position $ 26.1 Con.9 December 11, 2018 11 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here is an overview of the Tourism Investment Program (TIP)and Tourism Advertising Program (TAP): TOURISM INVESTMENT PROGRAM (TIP) & TOURISM ADVERTISING PROGRAM (TAP) AT JUNE 30, 2018 Tourism Tourism Meal Tax Investment Advertising Program Program OS Assets $ 20.5 $ 2.4 0.44% Liabilites 0.2 1.4 Fund Balance 20.4 _ 1.0 TA, 0.5% TIP 1.06% Revenue 39.5 12.2 Expenses (31.4) (12.7) Hotel Tax Change in Fund Balance $ 8.1 $ (0.5) TIP 5% TAP 2% 1% cove-10 Below is the City's Long Term Debt depicting the allocations: OUTSTANDING DEBT BY PURPOSE AS OF JUNE 30, 2018 Total Debt-$1.222B Agrladtare Reserve Program 3.76% General Go.ernmem_ 51.69% \ / Storm Water 4.iWater and ns Sewer --- """ 17.19% Schools Total Tax Supported Debt 23.82% -$932.1M Total Self Supported Debt Net Debt per Capita -$290.1M -$2,042 cove-11 December 11, 2018 12 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here is an overview of the FY2018 Summary: FY2018 SUMMARY • Fund Balance of$114.3M within City Council Policy, •Reservations for FY2019 operating budget include: School Reversion&Revenue Sharing-$24.4M FY2019 CIP Budget-City-$31.9M and Schools-$3.6M ■ General Fund revenues of$1.1476 were 0.6% ($6.3M) over budget • Increase of 4.4%($48.7M)over prior year • General Fund expenditures of $1.135B were 6.7% ($81.5M) under budget • Increase of 6.5%($69.0M)over prior year • Net Pension Liabilities for City and Schools total $1.152B •$162.6 M less than FY2017 • Net OPEB Liabilities for City and Schools total $269.8M COMB-3, INTERIM FINANCIAL REPORT FY2019 THROUGH NOVEMBER 30, 2018 _.4 •. December 11, 2018 13 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here are the preliminary results for FY2019 General Fund Revenues&Expenditures Budget to Actual thru November 30, 2018: FY2019 GENERAL FUND REVENUES & EXPENDITURES BUDGET TO ACTUAL THRU NOVEMBER 30, 2018 (IN MILLIONS) mat rED Variance Revenues Local $ 976.3 $ 327.5 $ (648.8) State 159.2 39.4 (119.8) Federal 22.7 8.0 (14.7) Total Revenues $1,158.2 _$ 374.9 $ (783.3) 32.4% Expenditures City Operations $ 658.3 $ 275.3 $ 382.9 City Capital Projects-Cash Funding 60.3 56.8 3.5 Trsf to Other Programs 38.70 21.40 17.3 Trsf to Schools 463.7 205.3 258.4 Trsf to School Reserve Fund 6.8 1.0 5.8 Total Expenditures $1,227.7 $ 559.8 $ 667.9 45.6% Less Amounts from Fund Balance $ 69.5 This chart depicts that the FY2019 General Fund Revenues&Expenditures are following the same trend lines as in the past two (2)years: FY2019 GENERAL FUND REVENUES & EXPENDITURES COMPARED TO 2-YEAR HISTORIC TREND AS OF NOVEMBER 30. 2018 OMB I ACTUAL REVENUES YTD•S374.901I �� ACTUAL EXPENDITURES STD.f569AMt Ai SO" 70.1 E bi) SWAB 56lB n >rsB f,A« �!::: ... - ----• Ii Igor Apr Nay IAA YrYMf COVE-Sa December 11, 2018 14 CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FY18 FINANCIAL REPORT(CAFR)AND GENERAL FUND UPDATE ITEM#68727 (Continued) Here is the FY2019 Summary Through November 30, 2018: FY2019 SUMMARY THROUGH NOVEMBER 30, 2018 •Still need to collect 67.6% of Revenue •1't half of Real Estate Taxes due December 5, 2018 ■Includes Tax Relief for Elderly & Disabled of$15.7M •Business License Tax Due March 2019 - est. $48.7M •2"d half of Real Estate and Personal Property due June 2019 CUVB Here are the Next Steps: NEXT STEPS • December Interim - 6 months Jan. 15, 2019 • FY2020 Budget Proposal March 26, 2019 • FY2020 Budget Adoption May 14, 2019 Mayor Dyer expressed his appreciation to Ms. Kelly and Mr. Bussink for the presentation. December 11, 2018 15 CITY MANAGER'S BRIEFING LIFEGUARD CONTRACT ITEM#68728 Mayor Dyer welcomed Chief Edward Brazle—Emergency Medical Services. Chief Brazle expressed his appreciation to City Council for their continued support: eIN ----4 )f 0 Emergency Medical Services Oceanfront Lifeguard Contract 12/11/2018 Chief Edward M. Brazle Introduction • Oceanfront Lifeguard Contract Overview • Contract proposals • Recommendation gIBEACB*EMS December 11, 2018 16 CITY MANAGER'S BRIEFING LIFEGUARD CONTRACT ITEM#68728 (Continued) Lifeguards cover five (5)different areas each year from early May thru mid-October: Lifeguard Deployment Areas Covered Periods of Coverage • Resort • Early May thru mid- • Croatan October • Camp Pendleton Surfing • Lifeguards staffed in all Area areas Memorial Day • 57th Street thru Labor Day • Northend • Reduced staffing and patrols in Resort Area during shoulder seasons Here is the Lifeguard Contract History: Lifeguard Contract History • Services provided by Virginia Beach Lifesaving Service, Inc (VBLS) • Evolution of Contract Requirements — 1998-2004: Expanded services into Croatan. Added post-season patrols. — 2005-2011:Separated Rental Franchise from Lifeguard Contract. Expanded evening coverage and shoulder season patrols. — 2012-2018:Expanded services in early May. Added early morning response team. yiBEACH*EMS December 11, 2018 17 CITY MANAGER'S BRIEFING LIFEGUARD CONTRACT ITEM#68728 (Continued) The RFP was open 60 days with VBLS being the only bidder: New Contract Timeline • City Council Update: Jan 2018 • RFP Issued: Jun 2018 • RFP Review/Negotiations: Aug-Oct 2018 • Contract period starts: May 2019 BEACH*EMS The annual price in 2018 was $1.57-Million; VBLS proposed annual increase of 3%similar to previous price increases: VBLS Proposal • Similar services as previous years • 3 season term : $1,890,000 • 5 season term: $1,790,000 • Both options include 3%annual price escalation and options for extensions of up to 3 years VA BEACH*EMS December 11, 2018 18 CITY MANAGER'S BRIEFING LIFEGUARD CONTRACT ITEM#68728 (Continued) Here are the Public vs. Private Considerations: Public vs. Private Considerations • City Council direction in 2012 to utilize a contractor for lifeguards at the Oceanfront • City has also operated an effective lifeguard service since 2010 (Sandbridge) • Most large beach communities have transitioned to a public model BEACH*EMS Public vs. Private Considerations • VBLS bid is comparable to the cost of a government-provided service • VBLS has significant tradition and experience • VBLS has consistently demonstrated satisfactory performance December 11, 2018 19 CITY MANAGER'S BRIEFING LIFEGUARD CONTRACT ITEM#68728 (Continued) The five (5)year contract is$100,000 less than the three (3)year contract: Longer vs. Shorter Term • Longer contract limits the City's flexibility over an extended period • Longer contract is less expensive than a shorter term arrangement • VBLS is a proven vendor Here is the recommendation: Recommendation • Execute the contract agreement for a 5-season term, including options for extension • Appropriate funds accordingly —$268,500 for initial payment in June 2019(FY19) — FY20 funding to be addressed during the budget process • Continue to evaluate whether public vs. private model is most appropriate for the community December 11, 2018 20 CITY MANAGER'S BRIEFING LIFEGUARD CONTRACT ITEM#68728 (Continued) BEAII N ' 11 QUESTIONS? Mayor Dyer expressed his appreciation to Chief Brazle for the presentation. December 11, 2018 21 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 3:02 P.M. Mayor Dyer welcomed Andrew Friedman, Director—Housing and Neighborhood Preservation. Mr. Friedman expressed his appreciation to City Council for their continued support: 1 DEVELOPING A �} T HOUSING & = NEIGHBORHOODS STRATEGY FOR VIRGINIA BEACH City Council Briefing—Dec.11,2018 Andrew Friedman,Director Yi/ L 2✓ [z ca. .. Here is the Outline: OUTLINE • City Council and Manager Direction i • Backgrounds 4-. • Key Information • Work to Date " r • Defining and developing the strategy • Proposed Process December 11, 2018 22 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) Here are the City Council Goals and City Manager Guidance: k K CITY COUNCIL DIRECTION &CITY ` ' � < I •MANAGER DIRECTIO •N 4. City Council Goals: • Revitalize Neighborhoods and Plan for the Future— = f •'',`" ' . a top Council goal • • Aging Housing Stock—a Council priority City Manager Guidance: • Work across departments to address issues strategically • Prioritize this work and begin briefings for Council The next three (3)slides provide the Background of the 2017 Housing Study and Market Analysis: BACKGROUND—2017 HOUSING STUDY The 2017 Housing Needs Assessment and Market Analysis identified key threats to the future of Virginia Beach's housing,including aging housing,outdated housing designs, housing affordability,and areas of inadequate maintenance and reinvestment,and recommended strategies to mitigate those threats.Recommendations included: • Re-orienting new and some existing housing stock from suburban to urban will improve values and allow Virginia Beach to retain its population of millennials,which is the future workforce,and help longtime residents age in place successfully. • Increasing the value of land and the vitality of the housing market will increase wealth for residents and help fund affordable housing and programs for households in need of assistance,including low income households and seniors. • Virginia Beach should build upon the SGAs and the policies of the Comprehensive Plan, maintain code enforcement and retain the Green Line. 410 December 11, 2018 23 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) BACKGROUND (2) • Revitalizing neighborhoods is a top priority goal of City Council.We've successfully conducted revitalization activities in multiple places overtime. • Sea level rise and recurrent flooding are major threats to the city, threatening the viability of some neighborhoods and the cost of some housing;and the Dewberry study has identified key strategies to address them. • Housing and neighborhoods are inextricably linked in multiple ways;the value of housing is in many ways limited by and determined by the perceived character of the neighborhood it is located in;and vice versa 0 BACKGROUND (3) • The value of residential real estate in Virginia Beach exceeds$47 billion.Property tax revenue from it exceeds$470 million annually.Ensuring the continued vitality of the housing market is critical for property owners,renters and the city government itself. However,the size of the market clearly means that the great majority of all actions will be private.Government actions to address it must be strategic and limited to those areas where the market is not working or cannot work effectively. • All of the above requires that these issues should be addressed in a coordinated, integrated manner that is based on data and analysis,most effectively uses available resources,and helps to stimulate or supplement,not replace,private actions. • Therefore,an integrated housing and neighborhoods strategy is needed to address all three of the above issues. 0 December 11, 2018 24 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) Real Estate Taxes are divided between residential and commercial properties with residential generating 83.3% and commercial 16.7%: KEY INFORMATION: RESIDENTIAL VS. COMMERCIAL PROPERTY / Assessment Comparison by Classification (1.1,111calton '_tilt\.,essmc cel ¥ General Commercial 10.0"., _ Hotel 2.1% 16.7"6 �" _ .. Office 3.096 = Industrial 1b% i 1 i Apartment 71% Residential 603% - Townhouse 5.4% 83.3% Condominiums 4.. uysj Agriculture 0.3% Source:Real Estate Assessor's Report,2019 -1_ Ali The 83.3%of residential property taxes is valued at$475.8-Million: RESIDENTIAL PROPERTY COMPRISES 83.3% OF THE REAL ESTATE TAX BASE Value of the Real Estate Tax Base—Residential vs.Commercial 9,453,415,900 tilloApproximate annual tax generated from residential real estate=$475,815,081 475,815,081 •Residential Commercial Source:Real Estate Assessor's Report,2019 e December 11, 2018 25 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) There have been two (2)years when the City saw a 1%housing growth rate. In 2017 the growth rate was approximately.7%: NEW HOUSING UNITS BUILT IN VIRGINIA BEACH(2008-2017) 1,700 _ ..------ _---� 1,500 -__ -.- __ __ .. _ __� • 1,300 i two I i 900 \V/ 700 500 v 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 akuoilimak 4110 Source:Real Estate Assessor's Report,2019 • VB HOUSING STOCK IS GROWING SLOWLY(2008—2017) Annual is Growth in Housing Units 000. arinn. Total housing units grew from about 167,000 in 2008 to 179,000 -„ in 2017—or about 12,000 total... av An avenge of 1,200/yr. 200E 2009 2010 2011 A112 _013 2014 2015 2016 2011 Source:Cakulated from Real Estate Assessor's Report,2019 December 11, 2018 26 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) Here is an overview of Work To Date: WORKTO DATE {fie ,k7 A • • Our City has a history of successful neighborhood "'41,`� R fig and/or area-based improvement activities,carried "fi• tifx S: ' out in various ways,to address various threats and issues. • ik 1f t •" • Each area is approached based on its unique s A,' issues,threats and opportunities. "0 �_- • Neighborhood improvement can involve physical I �+ improvements,social improvements,service improvements,or combinations thereof. • Our challenge is to keep being successful,but toI do it more systematically,and more proactively �,„ •,,. so that we can be able to effectively counteract identified and potential future threats. " This map depicts the area selected for the Pilot Project: PILOT PROJECT INTHE LAKES, PRINCESS ANNE PLAZA &WINDSOR WOODS TM Lakes.PMuee Anne PAn..end MndiotWoode • • ..Dnirpe Improvement{ \ wr ver ILK \ ti f December 11, 2018 27 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZAHON AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) The Pilot Project is a coordinated effort to improve housing with stormwater investments and improvements: PILOT PROJECT BACKGROUND Purposes of the Pilot Project: • To plan for improvements coordinated with the stormwater investments that help promote a vibrant future for the neighborhood • To develop a process template that can be replicated in future efforts • To test programs and concepts to include as part of the overall strategy s Here are the Pilot Project details: PILOT PROJECT(2) • Based on and coordinated with plans for stormwater C:t Improvements,work to address other issues to help ensure a N �f vital future • Resident engagement planning committee established with El resident and staff members • Will conduct survey of residents upon leadership approval to determine baseline perceptions and understandings • VHDA grant plus other city funding to begin a design process rt, 74. for new housing types and styles and other opportunities Sal MIS tf • Created data system to track and analyze key indicators r' • Will review zoning and development requirements and how I y they can be adjusted to facilitate"build back better"and more • resilient new housing • Considering housing finance programs that incentivize flood resiliency improvements mom December 11, 2018 28 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) • WHAT ISA HOUSING & NEIGHBORHOODS STRATEGY? Defines a long term approach to achieve the city's goals for housing and neighborhoods by addressing threats and opportunities and strengths,taking appropriate governmental action,as well as stimulating and supporting private actions. • Because of Virginia Beach's 1%annual housing growth,the majority of our housing strategy will need to focus on reinvestment in + o existing housing. • The plan should guide reinvestment as well as new development in ways that are appropriate to achieve city goals. �z�._. ..is ..._ This diagram depicts how the goal of improving the Comprehensive Plan can be achieved by using the City's Strengths and Opportunities and reducing the Threats listed below: A HOUSING & NEIGHBORHOODS STRATEGY IN CONTEXT OF OUR PLANS,THREATS & OPPORTUNITIES Threats to achieving our goals: Our Goals: • Aging Housing 4r • Sea Level rise ✓ Quality housing for all • Affordability issues .. Rising values yielding private prosperity • Housing stock attractiveness and government revenue The Comprehensive Plan including: arks, roads/transit,p i Safe and Vital Neighborhoods Housing,commercial ace!se�tets/highways open Sp I Protection from flooding and sea level rise Strengti.'and 0.;,c.,,1,,f it',thatsupport our goals: ✓ Effective Transportation • Our strong services and infrastructure ✓ Plans tailored to each individual area • Our safe neighborhoods and pro-active policing • Good condition of housing ✓ Ongoing dialogue with residents • Good schools • Studies,plans&investments re:flooding and SLR • • Regional economic opportunity December 11, 2018 29 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) The Housing and Neighborhood Strategy involves five(5) resources and four(4)levels of review: OUR PROPOSED POLICY & PROGRAM REVIEW PROCESS METIM DRAFT Adopted Housing Plannin Current Plans and Policies(C) Programs Advisoryg y CityElo, Housing& and Board Commission Council Neighborhoods Policies Strategy Opportunities&Threats Data—Neighborhood Data S stern 0 A:Housing Needs Assessment(January 2017)and Sea Level Rise Study(draft 2018) B:Public input city wide and from ea.: - -e work is planned C:Comprehensive plan,outdoors plan,stormwater plans,etc. D:Neighborhood data system and housing market data Here is a timeline of public engagement to understand citizen concerns and ideas: HOW WE WILL BEGIN ENGAGING THE PUBLIC (CITYWIDE) After this January February 5 meeting Bused:ga mar ?a. <:;:<:;i;to- :.? 2 4?�S!hl•YA?: !#!4ii feedback;"ublicize P Putificliiput:com "'"`fi'eard'fo City'Cduncil two public meetings survey for resident in January feedback •Conduct two Thursday meetings: Jan.10&17 •Compile feedback from online survey and meetings • December 11, 2018 30 CITY MANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGY DEVELOPMENT PROCESS ITEM#68729 (Continued) Here are the questions that will be included in the citizen survey: WHAT WILL WE ASK RESIDENTS? 1. Why did you select your neighborhood and what do you like about living there? 2. What worries you about the future of your neighborhoods? 3. What are your thoughts about how your concerns can be addressed? 4. What are the 3 most important things that make a neighborhood great? 5. Anything else to consider about the future of neighborhoods? • Here are the Next Steps: NEXT STEPS ❑ Your feedback about plan ❑ Resident engagement activities ❑ Compile responses ❑ Brief you in February—receive additional direction _ - ❑ Proceed with planning process ❑ Maintain ongoing engagement with residents r ❑ Plan follow-up briefings December 11, 2018 31 CITYMANAGER'S BRIEFING NEIGHBORHOOD REVITALIZATION AND HOUSING STRATEGYDEVELOPMENT PROCESS ITEM#68729 (Continued) ,� v ++++}+++ + +i- ++ttt+ +++++t ttt::Fh.;i:.r.+.iyF.:k:++ k.�3t e,b �,(,- } H +fft+} + fi+ THANKYOU }+. ++ ++++ ++}+ + a : .' . Your questions and + r comments... ..................... ate + .... ,r¢� ""' Andrew Friedman,Director t, = 757.385.5752 I/7��F�ss Mayor Dyer expressed his appreciation to Mr. Friedman for the presentation. December 11, 2018 32 CITY MANAGER'S BRIEFING PPEA FOR CORRECTIONAL CENTER MASTER CONTROL UPDATE ITEM#68730 3:26P.M. Mayor Dyer welcomed Kevin Jensen, Facilities Design and Construction Manager—Public Works. Mr. Jensen expressed his appreciation to City Council for their continued support: • f M++ ti J. 111 P Li Virginia Beach City Council Correctional Center Master Control PPEA Comprehensive Agreement Briefing December 11,2018 • The Correction Center's Master Control System was installed in 2006; the software is now outdated and new software updates cannot be completed due to conflict with the outdated equipment: Current Master Control Conditions r • Built in 2006 as part of the Correctional Center Addition project • Uses an outdated software operating system to control multiple building systems:Access Control,Electric Cell Door locks,Live Camera Monitoring,Analog Cameras and Wiring,Video Recording,Building Paging and Intercom Systems • Software upgrade conflicts with outdated analog based equipment • Current interior lighting is inadequate for a 24 hour operation facility • Room layout is not efficient for current operations December 11, 2018 33 CITY MANAGER'S BRIEFING PPEA FOR CORRECTIONAL CENTER MASTER CONTROL UPDATE ITEM#68730 (Continued) The Correctional Center Master Control Center Upgrade has an estimated total cost of$5-Million: CIP 3-523 Correctional Center Master Control Center Upgrade The Correctional Center Master Control Center Upgrade project first appeared as funded in FY15. Existing systems beyond useful life and no longer serviceable by the contract vendor. • Upgrade of the current Master Control Center. • Upgrade Master Control Operational Software • Upgrade Video Surveillance,Wiring,and Recording • Upgrade Access Control Readers and Door Controls • Upgrade Intercom and Paging System • Services all division in the Sheriff's Office to facilitate better emergency response FY15 FY16 FY17 0 1,715,401 3,284,599 Project Activity Amount Design 100,000 Construction 4,900,000 Total Budgetary Cost Estimate $5,000,000 The Inmate Tracking and Status Monitoring Project will allow tracking of all inmates in real time and a searchable data base of all inmate movements with a cost estimate of just under$1-Million: CIT 3-706 Sheriff Inmate Tracking and Status Monitoring The Inmate Tracking and Status monitoring project first appeared was funded in the FY 18 CIP. Provides a Passive Radio Frequency Identification (RFID) system for the tracking staff and inmate movement. • Allows staff mobility and freedom from repeated return to the logbook station to record activities • Real time record of activities • Records Inmate events such as feeding,medical care,and inmate headcounts • Provides a searchable database record of the activities and electronic display of Inmate location/status Project Activity Amount Implementation 988,009 Total Budgetary Cost Estimate $988,009 December 11, 2018 34 CITY MANAGER'S BRIEFING PPEA FOR CORRECTIONAL CENTER MASTER CONTROL UPDATE ITEM#68730 (Continued) Here is an overview of Phase I of the Correctional Center Master Control Upgrade: Phase I Phase I of the Correctional Center Master Control Center Upgrade provided replacement of Digital Video Recording units that were beginning to fail.Purchasing contracted with Safeware Corporation using a cooperative contract.Phase 1 Construction Costs$465,767. March 2016 Design Work Order initiated May 2016 Design Complete November 2016 DVR Replacement Awarded to Safeware Corporation April 2017 DVR Upgrade complete Here is an overview of Phase II of the Correctional Center Master Control Upgrade: Phase II While completing Phase I,the Sheriff's Office received an Unsolicited PPEA to replace the current Master Control System. December 2016 Sheriff Ken Stolle received Unsolicited PPEA for Master Control Upgrades January 2017 Rejected PPEA.Staff's plan was to issue a Design/Build RFP for the project April 2017 Sheriff Stolle directed staff to use PPEA process for the Master Control Upgrade project May 2017 PPEA Solicitation issued. January 2018 Proposals received from three offerors(Axis Global,Security 101,and R&S Corporation) February 2018 Completed Evaluation and selected R&S Corporation for further negotiations March 2018 Negotiations and refinement of Scope and IT discussions on the RFID option December 2018 Receive Best and Final Offer December 11, 2018 35 CITY MANAGER'S BRIEFING PPEA FOR CORRECTIONAL CENTER MASTER CONTROL UPDATE ITEM#68730 (Continued) Here is a Summary of Material Terms with the estimated completion date of February 2021: Project Funds Use Current Appropriations Summary of Material Terms City of Virginia Beach R&S Corporation 3-523 Correctional Center Master Control Upgrade 4,114,813.44 Owners Contingency(5%) 205,740.67 Master Control Upgrade Total $4,320,554.00 3-706 Sheriff Inmate Tracking and Status Monitoring 741,885.90 Owners Contingency(5%) 37,094.10 Inmate Tracking and Status Monitoring Total $778,980.00 Total Design-Build Cost $5,099,533.44 Construction Start February 2019 Final Completion February 2021 'Each project has funds available to meet the contract cost shown. - U i 4 El E , Question/Comments? Mayor Dyer expressed his appreciation to Mr.Jensen for the presentation. December 11, 2018 36 CITY MANAGER'S BRIEFING QUARTERLY FLOOD CONTROL/ STORMWATER PROGRAM UPDATE ITEM#68731 3:34 P.M. Mayor Dyer welcomed Phil Pullen, City Engineer. Mr. Pullen expressed his appreciation to City Council for their continued support and provided a power point presentation which is attached hereto and made a part of the record. December 11, 2018 1110 • I 11111/1 W o U _ _ w CC � cc W w Ow Z Q Cr z LU O Dv-1 2 DC cr I• ct L_. a � O zz t.— 0 w v u_, � /� J W / 0 fr-Ut i r U Dm yea A I' _ N h,K� 1I T.d :� LLJ O • ` ,t - .r. Iv ... ... c1 t. E ;„. t. �� i i t, i .. 4. 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E l_ 0 CO III LU cc N — c ON av, —0 LLIL7 (7-3N N L O C Q L ra V ci m co co O 1— r-1 U CCS CCS •= E b.° W J 0 W t- 0 rn S— Z` m N .M-I c--1N Ni 0 LLA u Er .0 C6 2 N Z - L co m lO '-I Q1 Lt) 0• N J J .-i ct lDLr) L() Ln `N-1 on N N N r-+ o c a 2 N a H co O H 4.11 0 -0N m a YE L caQ I a co °.' c m m on co s vi N 0 '� C6 COco � N FD E v c a c tr1 V► F- Z c m 0:5uC LU N C U V w a; 11.1 O N O Q > L7 0 T as0 /� ce b.0 (/) C (13 '; i }' O / a E a. au 0 j: v L L V) 2 0 E �, E w 3 ) •.v _ a �4-0 CC o � C Q .� L Q N L MN OCU O N L N U dD -0 t o Q Z (ACO v) [0 0 =1-- - , m i N z 0 U 37 CITY MANAGER'S BRIEFING ATLANTIC AVENUE RECONFIGURATION UPDATE ITEM#68732 4:05 P.M. Mayor Dyer welcomed David Jarman, Transportation Division Manager—Public Works. Mr.Jarman expressed his appreciation to City Council for their continued support: Fa MI :�.. i--i..-41-,7,,,,, . 6 fAd„7,. iriY y;ag -grir-"-- :Ti"'... itt n pi'ee ter..- ---- -• � Atlantic Avenue Reconfiguration (CIP 2-138) Project Update December 11,2018 David Jarman Transportation Division Manager City of Virginia Beach l Department of Public Works 1 Here is a diagram of the Marriott Approved Plan near Atlantic and Pacific intersection: Marriott Approved Plan (by right access) m 7 1, V'S- ir4 4431 2 December 11, 2018 38 CITY MANAGER'S BRIEFING ATLANTIC AVENUE RECONFIGURATION UPDATE ITEM#68732 (Continued) Here is a diagram of the proposed Atlantic Avenue Reconfiguration with a cul-de-sac: Proposed Atlantic Avenue Reconfiguration tt IF, . . , an .-.....-a n;... �a , . Here is a rendering of 40`"Street with on street parking replaced with an additional lane: Pro,.' • , ON STREET,60 POW .. December 11, 2018 39 CITY MANAGER'S BRIEFING ATLANTIC AVENUE RECONFIGURATION UPDATE ITEM#68732 (Continued) This rendering is a view from 40th Street looking north towards the proposed cul-de-sac: Pro ' ul-De-Sac .. 'l k 1 •- • P A r y Here are the Project Features: Project Features • 16 on-street parking spaces lost, 6 added, net loss of 10 spaces • No right-of-way impacts to Oceans Condominiums • Left turn lane on Pacific Ave at Pacific/40th • New signal at Pacific/40th, no signal at Pacific/42nd • City funding commitment: $245,000 for design December 11, 2018 40 CITY MANAGER'S BRIEFING ATLANTIC AVENUE RECONFIGURATION UPDATE ITEM#68732 (Continued) Here is an overview of the Project History: Pro Date Activity Mar-17 City Council Resolution authorizing TPOF application — Apr-17 City submitted 1st Transportation Partnership Opportunity Fund (TPOF)grant application Apr-17 CTB created project in SYIP and allocated$2M(Urban funding) May-17 1st TPOF grant not approved Jul-17 FY18 CIP appropriated$245K for design Sep-17 CTB transferred$2M to Centerville Ph2 and closed Atlantic Ave project Mar-18 City submitted 2nd TPOF grant application Jul-18 90%design submittal received&forwarded to Developer Aug-18 2nd TPOF grant not approved Sep-18 Developer proposed funding project _ Oct-18 Project turnover meeting between City and GoldkeyjPHR Nov-18 GoldkeylPHR submitted annotated 90%plans to DSC for field change approval 11/5/18 Present GoldkeylPHR completing the Design,Real Estate Acquisition,and Utility Relocations with goal of starting construction early 2019 There was a Public Hearing held on March 7, 2017, along with meetings held with the below Civic Leagues and Stakeholders: mirrPublic engagement • City staff briefings and discussions ❑Oceans Condominiums j Galilee Episcopal Church ❑Cavalier Shores Civic League u PA Hills&Ocean Hills Civic League North Beach/Bay Colony Civic League • PHR briefings and discussions with civic leagues and HOAs 8 December 11, 2018 41 CITY MANAGER'S BRIEFING ATLANTIC AVENUE RECONFIGURATION UPDATE ITEM#68732 (Continued) Here is the Total Project Cost Estimate: Total Project Cost Estimate • Design $ 322,000 • Site Acquisition $ 264,000 • Utility Relocations $ 238,000 • Construction $ 1,841,000 • Street Lights $ 77,000 • Contingencies $ 247,000 • Total $2,989,000 'Appropriated to date=$245,000,Developer funding remainder Here is an overview of the Project Status and Path Forward: Project Status an _Pat Fqn rd • Design u 90%complete,City Design funds expended u GoldkeylPHR contracted with design consultant to complete GoldkeylPHR to submit 100%plans J DSC to review/approve final design(contingent on Real Estate acquisition and City review) • Real Estate J One private parcel impacted for ROW and easements—PW Real Estate has met with owner several times J Appraisal due Dec 14 u City Attorney drafting 3-party agreement of sale J GoldkeylPHR funding all Real Estate costs,dedicating portion of roundabout to City December 11, 2018 42 CITY MANAGER'S BRIEFING ATLANTIC AVENUE RECONFIGURATION UPDATE ITEM#68732 (Continued) Here is the Real Estate Acquisition—Summary showing the Glover property as the only private property requiring negotiations: Real Estate cqu r Vin= rimary Owner -:ROW Easement TCE -- -- Statutt (ft) (ft) (ft) ® ZIMEZ2 In discussions Atlantic Coast Develo•ment --To be dedicated for roundabout Oceanfront Investments 863 To be dedicated for roundabout City of VB 1,940__To be dedicated for roundabout This map depicts the impact to the Glover property: Real Estate Acquisitio —G v r 'roperty PACIFIC AVENUE EXISTING CURB PROPOSED CURB 4 EXISTING ROW- Ix i • \ PROPOSED PEDESTRIAN ACCESS I- ,, AND TRAFFIC CONTROL EASEMENT • Existing Sig: 209 SF - -- , t NEW SIDEWALK PROPOSED TEMPORARY 44 CONSTRUCTION EASEMENT 505 SF t • PROPOSED ROW(PROPOSED AREA DEDICATED TO CITY OF , �I VIRGINIA BEACH 37 SPI 'yy A I F T I T ! I Key Points: • EXISTING SIDEWALK I • Existing sign remains i <f • No permanent parking — EXISTING ROW lot impacts December 11, 2018 43 CITY MANAGER'S BRIEFING ATLANTIC AVENUE RECONFIGURATION UPDATE ITEM#68732 (Continued) The goal is to start construction in early 2019 with an estimated construction duration of nine(9)months: Project Status and Path Forward (cont.) • Private Utility Relocations J Dominion Energy and Cox Communications J GoldkeylPHR currently coordinating • Construction u GoldkeyIPHR to fund and manage u Goal to start early 2019 J Start date dependent on City approval of final plans J Estimated construction duration 9 months u Work sequence must begin on 40th to maintain traffic u City will be inspecting construction activities 1J This map depicts the Private Utility Relocations-Dominion Energy: Private Utility Relocations-Dominion Energy 37 CZ: . b € $ Pnew v •c 119,OLE Ta ;41 an m r )l �rn 14 • .41111114111111 al my. ,tel =METING MANHOLE •: ' 14 December 11, 2018 44 CITY MANAGER'S BRIEFING ATLANTIC AVENUE RECONFIGURATION UPDATE ITEM#68732 (Continued) DISCUSSION is Mayor Dyer expressed his appreciation to Mr.Jarman for the presentation. December 11, 2018 45 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 4:23 P.M. Mayor Dyer opened the Piney Grove Baptist Church discussion. Council Member Henley began with an overview of the history of the Piney Grove Baptist Church Conditional Use Permit(CUP)Application. The main topic of Council discussion at the time was the expansion of the sanctuary and adequate parking. The expansion has still not yet occurred; however, the addition of office space and the construction of the parking lot is complete. After the CUP was approved, Council Member Henley did not hear anything again until August 2017. She explained the crux of the problem now is that Council was not aware that the parking lot was going to be constructed at an elevated height, as the design was not complete at the time the CUP was approved. Council Member Henley read from her notes, "At the time of the rezoning there was no requirement for preliminary Stormwater design review as part of the rezoning. The Piney Grove parking lot site was always higher than the adjacent neighborhood by one to two feet so the grade was a little higher to start with. With the outfall of the parking lot being Holland Road, the new elevations of Holland Road are approximately three(3)feet higher than the previous elevations which caused additional increases to the elevation of the parking lot to ensure positive drainage from the neighborhood". This resulted in the parking lot being elevated four(4)to five(5)feet above the grade of the adjoining neighborhood and at the same height as the top of the adjoining neighbor's six(6)foot fence. Council Member Henley went to the site and verged there are privacy concerns and, as a result, the City has paid to have an eight(8)foot fence installed. Council Member Henley also discussed the lighting requirements. The adjoining property owners have complained about the parking lot lights shining into their homes during the night. She understood the CUP lighting conditions to mean that light would not spill over to the adjoining neighbor's homes but has since learned that the way light is measured per the zoning requirements does not mean that it cannot. The CUP conditions required the parking lot lights would be on motion sensors and be shielded. Currently, the light poles are eighteen (18)feet high, have motion sensors and have the required shielding, though they did not initially. Council Member Henley concluded that in the future the conditions should be carefully written in language that is easy to understand, enforceable and not subject to interpretation. Council Member Henley then turned the discussion over to Barry Frankenfield, Director—Planning. Mr. Frankenfield began by explaining "lessons have been learned"and currently, as part of the Comprehensive Plan, all properties within the Southern Rivers Watershed will have a Stormwater analysis completed prior to approval by the Planning Department. Had that been done for this application, the elevation issues would have been reported, been addressed and possibly made a difference. Additionally, Kevin Kemp has written more detailed lighting conditions requirement that will be integrated into an ordinance for City Council's consideration next month. December 11, 2018 46 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) Piney Grove Baptist Church counol rwtr t Princess Anne Loc.mon 2804 Holland Road Modification of Conditions(Religious Use) Council Action January 15,2019 Piney Grove Baptist Church ,� z, • v at .+aC `ay.f 1.4 tt c. December 11, 2018 47 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) The next several slides provide the Planning Department timeline for the Piney Grove Baptist Church CUP application: Original Conditional Use Permit June 10,2015 Planning Commission hearing: • Biggest issues were parking and traffic in the neighborhood • Planning Commission suggested removing home along Bald Eagle to accommodate parking July 14,2015 City Council hearing: • Approved with full parking area • Condition modified from the Planning Commission ❖Planning Commission version:"All lighting on the site shall be directed downward and not spill over adjoining residential lots." ❖City Council version:"All lighting on the site shall be directed downward and not spill over onto adjoining residential lots.All parking lot lighting shall be on motion sensors at night when the church is not in use.Lighting on the front and rear of the church building may remain on for security purposes,but will be shielded from residential neighbors." • Condition was written by the Zoning Administrator between the Planning Commission hearing and City Council hearing Site Plan Review Process • Submitted January 2016,approved October 5,2016 • Parking area elevated to meet drainage requirements •:•Underground stormwater filtration system needed because whole site being developed for parking ❖Water table high and separation between water table and detention system required ❖Elevating above Holland Rd after improvements which raised its elevation 1.5 feet • Light poles approved at 18 feet.Installed per approved lighting plan • Construction December 2016 through March 2018 Neighborhood Concerns started May 2017 • Elevation of Parking Lot • Lights • Planting Maintenance&Installation • Drainage December 11, 2018 48 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) Timeline Late May—Early June 2017 • Initial contact from Holland Pines neighbors to DSC staff with questions related to parking lot elevation. • Multiple emails and phone calls were exchanged between neighbors,Councilwoman Henley and staff June—August 2017 • August 29,2017—Zoning inspected parking lot location in response to complaint received that the parking lot was in required buffer.No violation was found. September 2017 • Staff emails Mrs.Willey offering to replace existing 6'rear fences with 8'fences for properties adjacent to the western church parking lot December 2017 • Fence installed completed on Holland Pines properties(with exception of 2 areas to be adjusted) Timeline January 2018 • January 26,2018—meeting held with city staff,contractors and church to discuss lighting design,installation,sensors/timing • City Manager,Planning Staff and Police visits church during evening hours February 2018 • Shields added to rear building mounted lighting fixtures(City fabricated and installed) • Lighting circuit at church revised so front and rear operate dusk/dawn,western parking lot timer set to cut off lights at 10pm March 2018 • 6 parking lot lights fitted with shields • Photometric readings and before/after photos captured by lighting engineer.Photometric readings indicate 0.0 foot candles at property line.Assessments shared with neighbors and City management • Parking lot light heights verified for compliance • Lighting engineer provided estimates to retrofit parking lot lights with sensors • Staff advised Church and neighborhood lights are in compliance with the conditions December 11, 2018 49 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) Timeline April 2018 • Staff inspected church property multiple times in response to complaints of debris in buffer/landscape areas.No violations issued. • Staff met with Mrs.Willey April 13 to document concerns on landscaped areas • Staff mediated/facilitated conversation between ET Gresham and Mrs.Willey for payment of lawn repairs,payment issued to Mrs.Willey's lawn service from ET Gresham May 2018 • May 31-staff inspects landscaping at church—letter identifies vegetation to be replaced,debris removal June 2018 • June 13-letter sent to Church from Mr.Hansen identifying items to be addressed,landscaping,as-built approvals,motion sensors Timeline July 2018 • July 10—Zoning re-inspection in reference to May 31 letter • Staff discussed issues with Church related to landscaping and clean up.Church had maintenance crew address landscaping beds and debris August 2018 • Church seeded denuded lawn areas September 2018 • September 7—staff met with Councilwoman Henley and Holland Pines residents on site to discuss landscaping and drainage December 11, 2018 50 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) Timeline October 2018 • October 5—Zoning Administrator sent letter certified mail to church outlining landscaping and debris items left to address • October 18—City staff met on-site to discuss most recent as-built comments and swale grading options December 2018 • December 11—Briefing to City Council • Continuing to work with ET Greshem and close to solution on drainage—staff and contractor have come to an agreement on the grades,side slopes and pipe elevations. Expect the work to start and be completed soon. Here is Condition#8 regarding lighting: Piney Grove Baptist Church —CUP Plan ._� N, rI CA' 1101 t CONDITION a&ALL LIGHTING ON THE SITE SHALL BE DIRECTED DOWNWARD AND NOT SPILL OVER ONTO ADJOINING RESIDENTIAL LOTS.ALL PARKING LOT LIGHTING SHALL BE ON MOTION SENSORS AT NIGHT WHEN THE CHURCH IS NOT IN USE.LIGHTING ON THE FRONT AND REAR OF THE CHURCH BUILDING MAY REMAIN ON FOR SECURITY PURPOSES,BUT WILL BE SHIELDED FROM RESIDENTIAL NEIGHBORS. December 11, 2018 51 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) This is the proposed condition that will require the parking lot lights be turned off when the church is not in use: Piney Grove Baptist Church — Lighting & Drainage N_ } DRAINAGE a'1 DRAINAGE - ',• l�h \..iFE COf A CONSTRUCTED INVOLVED IN • E MODIFICATION • REQUEST ♦ • /JJ R• �. e-- _•2z '^' ••UNDING 111 CONDITION#8-ALL UGHTING ON THE SITE SHALL BE DIRECTED DOWNWARD AND NOT SPILL OVER ONTO ADJOINING RESIDENTIAL LOTS.• '•' - - - - - - - - - - . • • -- .PARKING LOT LIGHTS IN THE NORTHERN PARKING AREA SHALL BE TURNED OFF WHEN THE CHURCH IS NOT IN USE.LIGHTING ON THE FRONT AND REAR OF THE CHURCH BUILDING MAY REMAIN ON FOR SECURITY PURPOSES,BUT WILL BE SHIELDED FROM RESIDENTIAL NEIGHBORS. Here is a rendering of the lighting in the parking lot with the shields installed: Piney Grove Baptist Church - Lighting • • A WAIS • ii L • • WILDING MOUNTED : SPILLOVERMELDED ANDNDMOTION N • SENSORS MAY REMAIN• • - (• ON ALL HOURS •[ • • CONSTRUCTEDk UGIT.AT �• • UGNONG AT VEANUIM FROM OF EMTMMIN�'� • " • MAIM. MAY L MOUR • MAY 0.EMAM M ALL HOURS • A' .. . ON ALL MOW • - December 11, 2018 52 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) This is a photometric plan detailing how the foot candles are measured: Piney Grove Baptist Church —As-Built Photometric Plan After Shields Installed ®i r _ J' • o _ • cue i,. . cl.l -x°k .somierripai • AS-BUILT PHOTOMETRIC PLAN The next several slides are photos of Piney Grove Baptist Church: Piney Grove Baptist Church PHOTO BEFORE SHIELDS INSTALLED PROVIDED BY CONSULTANT PHOTO MIEN SHIELDS BISII•ILED PROVIDED BY CONSULTANT December 11, 2018 53 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) Parking Lot ;aer9 m. rit2Aa't -.`*4 r 4 raimmik. Timm, This picture depicts the need for a deeper swell in order to eliminate drainage in to the adjoining property: Drainage December 11, 2018 54 CITY MANAGER'S BRIEFING PINEY GROVE BAPTIST CHURCH COUNCIL DISCUSSION ITEM#68733 (Continued) This is a picture of the mulch that has been put in place: Bald Eagle Road s! Mr. Frankenfield concluded that the Pastor has been very responsive to all requests by the Planning Department in making necessary changes to comply. Mr. Frankenfield believes the Pastor will continue to make the improvements because the City is currently holding$400,000 in Stormwater bonds to ensure all the work is completed. Summary • Staff has been very responsive to the neighborhood • Met numerous times,provided detailed updates on progress and responded to 6 FOIA requests resulting in over 4,000 pages of documents. • Except for the motion sensors,the lights are in compliance. The request for modification is to address this. If the motion sensors are not removed from the conditions the Church has advised they will be installed as required. • Drainage issues have been very well documented and we expect progress very soon to resolve this. • Church has continued to respond to needed landscape improvements. Most dead shrubs and trees were replaced in October. Maintenance is ongoing and appears to be improving. Mayor Dyer expressed his appreciation to Mr. Frankenfield for the presentation. December 11, 2018 55 CITY COUNCIL COMMENTS ITEM#68734 5:03 P. M. Council Member Abbott advised she and Council Member Wooten will hold a Town Hall Meeting on December 12, 2018, at 6:30 P.M. at the Kempsville Recreation Center. The meeting will be on Facebook live for anyone who cannot attend and can be accessed via the public input tool. December 11, 2018 56 AGENDA REVIEW SESSION ITEM#68735 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE EXCESS City Property at 220, 216, and 212/214 North Oceana Boulevard and AUTHORIZE the City Manager to sell to Bishard Homes, LLC 2. Ordinance to DECLARE EXCESS City Property at 1514, 1536, and 1540 Indiana Avenue and AUTHORIZE the City Manager to sell to THSB, LLC 3. Ordinance to AMEND City Code Sections: a. 12-2 re liability for expenses incurred fighting certain fires b. 17-5, 23-21, 23-32, and 23-34 re larceny c. 5-103 and 5-104 re creation of the animal control unit advisory board 4. Resolution to DIRECT the City Manager to NOT RECONFIGURE Atlantic Avenue near 40"` Street(Requested by Council Members Abbott and Moss) 5. Ordinance to AUTHORIZE$140,000 payment from the "Next Generation Network"CIP to the Virginia Beach Development Authority (VBDA)re internet connectivity and economic development 6. Ordinance to APPROPRIATE$445,000 from the Tourism Advertising Program Special Revenue Fund to the FY2018-19 Convention and Visitors Bureau Operating Budget re advertising and marketing efforts 7. Ordinance to ACCEPT and APPROPRIATE$12,000 from the U.S. Department of Homeland Security to the FY2018-19 Fire Department Operating Budget re purchase hazmat team equipment 8. Ordinance to TRANSFER$1,732,024 from Capital Projects 2-107, 2-149, 2-168, and 2-176 to Capital Project "Laskin Road Phase I-A"and TRANSFER$1,619,398 from Capital Projects 5-805, 6-093, and 6-559 to Capital Projects "Laskin Road Water Improvements Phase I"and "Laskin Road Sewer Improvements Phase I" ITEM#1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER ABBOTT WILL ABSTAIN ON ITEM#1 ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3a WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER UHRIN WILL ABSTAIN ON ITEM#4 December 11, 2018 57 AGENDA REVIEW SESSION ITEM#68735 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. 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 vehicular access and storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7—PRINCESS ANNE(Deferred from November 20, 2018) 2. BMVS,LLC for a Conditional Use Permit re bulk storage yard at 2572 Horse Pasture Road DISTRICT 3—ROSE HALL (Deferred from November 20, 2018) 3. COLUMBUS 4692 ASSOCIATES,L.L.C.for a Street Closure re an unimproved portion of Potomac Street at the West side of Independence Boulevard DISTRICT 4—BAYSIDE 4. DORIE E. MILFORD&A. CHRISTINE CARROLL/JOAN LEE for a Change of Nonconformity re two (2) dwelling units at 4201 Ocean Front Avenue DISTRICT 6—BEACH 5. POTTER PROPERTIES GROUP,LLC for a Modification of Conditions re farm stand and ADA compliant restrooms at 1065 First Colonial Road DISTRICT S—LYNNHAVEN 6. LITTLE WARRIORS CHRISTIAN ACADEMY/ST. FRANCIS EPISCOPAL CHURCH for a Conditional Use Permit re child care center within a religious use and a Modification of Conditions re religious use at 509 South Rosemont Road DISTRICT 3—ROSE HALL 7. CHUA BA THIEN HAU/MISS SAIGON PROPERTIES,LLC for a Conditional Use Permit re religious use at 437 North Witchduck Road DISTRICT 4—BAYSIDE 8. EVERLASTING LOOKS,LLC/BELLA M.HANSONfor a Conditional Use Permit re tattoo parlor at 4640 Haygood Road DISTRICT 4—BAYSIDE 9. THIN BREW LINE BREWING CO./OCEANA CROSSINGS,LLC for Conditional Use Permits re craft brewery and open-air market at 1375 Oceana Boulevard DISTRICT 6—BEACH 10. PI TOWER DEVELOPMENT,LLC/R. SHANE EARLY&MERLE W. EARLY for a Conditional Use Permit re communication tower at 5238 Challedon Drive DISTRICT 2— KEMPSVILLE 11. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Section 201 re permits for fences b. Section 232 re communication towers ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#9 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#11a WILL BE CONSIDERED SEPARATELY December 11, 2018 58 ITEM#68736 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) • Beach 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) • Enforcing of Zoning Conditions PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711(A)(29) • Dome Site 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 December 11, 2018 59 ITEM#68736 (Continued) Upon motion by Council Member Kane, seconded by Council Member Abbott, City Council voted to proceed into CLOSED SESSION at 5:08 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None Break 5:08 P.M. —5:15 P.M. Closed Session 5:15 P.M. —5:45 P.M. December 11, 2018 60 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 11, 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, December 11, 2018, at 6:00 P.M. Council Members Present: Jessica P.Abbott, M. Benjamin Davenport, 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: None INVOCATION: Reverend Jason Miller Senior Pastor, Providence Mennonite Church 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 34`x' 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. December 11, 2018 61 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. December 11, 2018 62 ITEM— V-E CERTIFICATION ITEM#68737 Upon motion by Council Member Wilson, seconded by Council Member Uhrin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1r111% E U / o a of �� ? YN s SUR NN�� 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#68736 Page 59 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. hA 11 A .r an :arnes, . MC City Clerk December 11,2018 63 ITEM— V-F MINUTES ITEM#68738 Upon motion by Council Member Uhrin, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of December 4,2018 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Council Members Abstaining: John D. Moss December 11, 2018 64 ITEM- V-G MAYOR'S PRESENTATION ITEM#68739 Mayor Dyer PROCLAIMED: DECEMBER 10—16, 2018 VIRGINIA BEACH HUMAN RIGHTS WEEK AND DECEMBER 10, 2018 VIRGINIA BEACH HUMAN RIGHTS DAY Sylvia Nery-Strickland, Vice Chairman of the Human Rights Commission, accepted the Proclamation and expressed her appreciation to City Council for their continued support. Mayor Dyer called upon all citizens to acquaint themselves with human rights issues, to support human rights advocates, to recognize the good works performed by human rights heroes and to, "Stand United" by participating in this observance. December 11, 2018 4,0cu4L1•BE4 o`` E 11 C11- ..ti',...A'z°27. 471'. firottantation Whereas: 7fuman Rights Day,December 10,2018 marks the 70^4 anniversary of the'United Nations Genera(Assemb(y's'Universe(Declaration of.9fuman Rgi hts,affirming fundamental firedoms and human rights for alfpeople,and Where= Recognition of the inherent dignity and of the equal and inafenable rights of all members of the human family is the foundation of freedom,justice and-peace in the world and When= The'United States ofAmenca is a nation fouruke on the principle of individual rights and is stiff working to fully realize the ideals enshrined in its Constitution and- Off ndBill of4jights;•and Whereas: December 10,2018 commemorates the 25a annual recognition of2(uman 4jights Day by The Virginia Beach.9fuman Rights Commission,a positive advocate for the human rights of Virginia Beach citizens,and Whereat We recognize that our relationships to one another--person to person community to community and nation to nation—are defined not by our differences,6ut by our sha red'belief in the idea&enshrined in the'Universal(Dec(arationof?fuman Rights,; and 1b4itreas 'The City ofViirginia Beach is committed to championing the rights of all citizens.We will continue to bean inclusive community in which our citizens and visitors are respected andwrfcomed Now,'Therefore I,Ry6ert M. 'Bobby'Dyer,9dayor of the City of Virginia Beach,Virginia,do hereby proclaim December 10, 2018 Jfuman Rhts Day And December 10—December 16, 2018 2fuman Rights Week In ltaginia Beate and 1 encourage all citizens to acquaint themselves with human rights issues,to support human rights advocates,to recognize the good works performed by human rights heroes,and to`Stand-United'by participating in this observance. In 146tness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach,Virginia,to 6e affised this Tenth Day of December,Two Thousandand'Eighteen. �i3rz4 i - Robert M.(Bobby'cVyer Itis ter .::,' 9kayor 65 ITEM- V-H.la-b PUBLIC HEARINGS ITEM#68740 Mayor Dyer DECLARED A PUBLIC HEARING: 1. SALE OF EXCESS CITY PROPERTY a. 220, 216, and 212/214 North Oceana Boulevard b. 1514,1536, and 1540 Indiana Avenue The following registered to speak: Joe Belec, 605 Barberton Drive, Phone: 348-5543, did not respond There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING December 11, 2018 66 ITEM- V-H.2 PUBLIC HEARINGS ITEM#68741 Mayor Dyer DECLARED A PUBLIC HEARING: CORRECTIONAL CENTER MASTER CONTROL PPEA PROPOSALS There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING December 11, 2018 67 ITEM- V-I FORMAL SESSION AGENDA ITEM#68742 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council APPROVED, BY CONSENT, Ordinances/Resolutions Agenda Items: 3a(DEFERRED INDEFINITELY)/b/c, 5, 6, 7, and 8 and Planning Agenda Items:3, 4, 5, 6, 7, 8, and 1 l indefinitely Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None ORDINANCES/RESOLUTIONS: ITEM J.1 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER ABBOTT WILL ABSTAIN ON ITEM J.1 ITEM J.2 WILL BE CONSIDERED SEPARATELY ITEM J.4 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER UHRIN WILL ABSTAIN ON ITEM J.4 PLANNING ITEMS: ITEM K1 WILL BE CONSIDERED SEPARATELY ITEM K.2 WILL BE CONSIDERED SEPARATELY ITEM K9 WILL BE CONSIDERED SEPARATELY ITEM K 10 WILL BE CONSIDERED SEPARATELY ITEM K 11 a WILL BE CONSIDERED SEPARATELY December 11, 2018 68 ITEM— V.J.1 ORDINANCES/RESOLUTIONS ITEM#68743 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council ADOPTED, Ordinance to DECLARE EXCESS City Property at 220, 216, and 212/214 North Oceana Boulevard and AUTHORIZE the City Manager to sell to Bishard Homes, LLC Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, 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 Abstaining: Jessica P. Abbott Council Members Absent: None December 11, 2018 4GlN1A. c.S!,11 4ti O N __ �` City of Virinia Seaeh v om_- Op OUR NAS.�,� `� December 11, 2018 vBgov.corr . CELL PHONE: (757)577-2068 JESSICA PABBOTT COUNCIL LADY-DISTRICT 2-KEMPSVILLE OFFICE PHONE: In Reply Refer to 0064332 JABBOTTQVBGOV C.COM Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance declaring parcel located at 212/214, 216 and 220 North Oceana Boulevard to be in excess of the City's needs and authorize the City Manager to sell the same to Bishard Homes, LLC. 2. Bishard Homes, LLC disclosed that it is using the services of Fox Land Surveying for this application. Fox Land Surveying is a client of Matt Abbott Insurance. I have a personal interest in Matt Abbott Insurance, which is located at 4646 Princess Anne Road, Suite 103, Virginia Beach, VA 23462. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. - S'• ely, W.,.AIL Jessica P. • b Ott Councilm-mber JPA/RRI 4646 PRINCESS ANNE ROAD,SUITE#103,VIRGINIA BEACH,VIRGINIA 23464 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 220 NORTH OCEANA BOULEVARD 3 (GPIN: 2417-05-6295); 216 NORTH OCEANA 4 BOULEVARD (GPIN: 2417-05-7105); AND 212/214 5 NORTH OCEANA BOULEVARD (GPIN: 2417-05- 6 7046) TO BE IN EXCESS OF THE CITY'S NEEDS 7 AND AUTHORIZING THE CITY MANAGER TO SELL 8 SAME TO BISHARD HOMES, LLC 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 220 North Oceana Boulevard; 216 North Oceana 12 Boulevard and 212/214 North Oceana Boulevard (collectively, the "Properties"), more 13 particularly described on Exhibit "A" attached hereto and made a part hereof; 14 15 WHEREAS, the City acquired the Properties pursuant to the APZ-1 16 Acquisition Program; 17 18 WHEREAS, the City funded the acquisition of the Properties through a 19 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 20 contributing fifty percent (50%) of the funds; 21 22 WHEREAS, the Properties are in the midst of other residences and at the 23 time of acquisition were improved with multiple residential uses, which have since been 24 demolished; 25 26 WHEREAS, City Council has elected to allow the reconstruction of two (2) 27 single-family homes on the Properties in order to maintain the integrity of the 28 neighborhood; 29 30 WHEREAS, a Request for Proposal ("RFP") was advertised for the 31 potential sale of the Properties; 32 33 WHEREAS, Bishard Homes, LLC ("Bishard Homes") was one of the 34 respondents to the RFP; 35 36 WHEREAS, the APZ-1 Disposition Committee has recommended that the 37 City Council declare the Properties to be in excess of the City's needs and sell the 38 Properties to Bishard Homes; 39 40 WHEREAS, Bishard Homes will build two (2) new single-family homes on 41 the Properties to prescribed standards acceptable to the City, including elevated noise 42 attenuation and design criteria, and Bishard Homes will thereafter convey the homes 43 constructed on the improved Properties to owner-occupants; 44 45 WHEREAS, Bishard Homes will purchase the Properties in accordance 46 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 47 48 WHEREAS, the City Council is of the opinion that the Properties are in 49 excess of the needs of the City of Virginia Beach. 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 52 OF VIRGINIA BEACH, VIRGINIA: 53 54 That the Properties are hereby declared to be in excess of the needs of 55 the City of Virginia Beach and that the City Manager is hereby authorized to execute 56 any documents necessary to convey the Properties to Bishard Homes in accordance 57 with the Summary of Terms attached hereto as Exhibit "B" and such other terms, 58 conditions or modifications as may be acceptable to the City Manager and in a form 59 deemed satisfactory by the City Attorney. 60 61 Further, that the revenue from the sale of the Properties in the total 62 amount of $195,000 shall be received, and fifty percent (50%) of this amount shall be 63 deposited for appropriation in future Capital Improvement Program capital budgets in 64 Capital Improvement Project 9-059, Oceana Interfacility Traffic Area Conformity and 65 Acquisition II, and fifty percent (50%) shall be deposited for future payment by the City 66 Manager to refund the Commonwealth of Virginia's portion in accordance with the grant 67 agreement. 68 69 This Ordinance shall be effective from the date of its adoption. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on the 72 11th day of December , 2018. CA 14413 R-1 11/1/18 • '»VED S TO - = ENT APPROVED AS TO CONT NT 'A.' DDA;), a , Public ffor s Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Offic= EXHIBIT A LEGAL DESCRIPTIONS SINGLE-FAMILY DWELLING BUILDING SITE ONE: • 220 AND NORTHERN 1/2 OF 216 NORTH OCEANA BOULEVARD (GPINS: 2417-05-6295 AND NORTHERN 1/2 OF 2417-05-7105) • GPIN: 2417-05-6295 (220 N. Oceana Boulevard) ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "NOW OR FORMERLY AMY A. WIGHT INST. NO. 20160418000314160 (WILL) D.B. 3574, PG. 1539 M.B. 54 PG. 45 GPIN: 2417-05-6295," and further designated and described as "GPIN: 2417-05-6295 19,881 Sq. Ft. or 0.4564 Ac." as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM AMY A. WIGHT BY THE CITY OF VIRGINIA BEACH FOR OCEANA & ITA CONFORMITY & ACQUISITION II (CIP 9-059.001)" Scale: 1"=25', dated July 21, 2017, prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20170811000686560, to which reference is made for a more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Less and except right-of-way to be established during the resubdivision process, as shown on the Location Map attached hereto as Exhibit "A-1". • Northern 1/2 of GPIN: 2417-05-7105 (216 N. Oceana Boulevard) The Northern One-Half of that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as the Southern 100 feet of an unnumbered parcel shown on plat of Bartow Heights, Subdivision of Parcel 41 and 42, Plat of Oceana Gardens, Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 54, at page 45 and being the same property shown on plat entitled "PHYSICAL SURVEY OF SOUTHERN PART OF PARCEL ON PLAT OF BARTOW HEIGHTS SUBDIVISION OF PARCEL 41 AND 42 PLAT OF OCEANA GARDENS, VIRGINIA BEACH, VA FOR ALBERT E. AND SHIRLEY M. SPURGEON", dated May 19, 1967, made by C. A. Bamforth, surveyor, and dully recorded in the Clerk's Office aforesaid attached to deed recorded in Deed Book 1017, at page 289 through 291. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Less and except right-of-way to be established during the resubdivision process, as shown on Exhibit "A-1". These lot areas are more particularly shown on the Location Map attached hereto as Exhibit "A-1" and made a part hereof, and the legal description may be modified as a part of the resubdivision process. SINGLE-FAMILY DWELLING BUILDING SITE TWO: • 212/214 AND SOUTHERN 1/2 OF 216 NORTH OCEANA BOULEVARD (GPINS: 2417-05-7046 AND SOUTHERN 1/2 OF 2417-05-7105) • GPIN: 2417-05-7046 (212/214 N. Oceana Boulevard) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia, and being designated and described as "GPIN: 2417-05-7046 18,693 SQ. FT. 0.429 ACRES," as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION(GPIN: 2417-05-7046) BY SHEPHERD ENTERPRISES,LLC," Scale: 1"=20', dated October 23, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474340, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Less and except right-of-way to be established during the resubdivision process, if any. • SOUTHERN 1/2 OF GPIN: 2417-05-7105 (216 N. OCEANA BOULEVARD) The Southern One-Half of that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as the Southern 100 feet of an unnumbered parcel shown on plat of Bartow Heights, Subdivision of Parcel 41 and 42, Plat of Oceana Gardens, Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 54, at page 45 and being the same property shown on plat entitled "PHYSICAL SURVEY OF SOUTHERN PART OF PARCEL ON PLAT OF BARTOW HEIGHTS SUBDIVISION OF PARCEL 41 AND 42 PLAT OF OCEANA GARDENS, VIRGINIA BEACH, VA FOR ALBERT E. AND SHIRLEY M. SPURGEON", dated May 19, 1967, made by C. A. Bamforth, surveyor, and dully recorded in the Clerk's Office aforesaid attached to deed recorded in Deed Book 1017, at page 289 through 291. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Less and except right-of-way to be established during the resubdivision process as shown on Exhibit "A-1". These lot areas are more particularly shown on the Location Map attached hereto as Exhibit "A-1", and the legal description may be modified as a part of the resubdivision process. W4 E Z _�_ 1 7(- EXHIBIT r I i A- 1 CA u l / W_ a o N c c:// /-J 4. W N N a 0 /- H 1 -o N N < 1 0a0Zt9 0 c UIQ >- Z Z o C 1 m - Q ~ p a G T i V o J J 0V> > n Fl)D n Jim m W f O X aW a a C ...)) J 2 LL W1 a / � li C 4 // `\ I' a C 1 c' I _J— (\> a cl- E11 E } 1 0 0 5, N --/- ‘... 1--I CD r N f r f L— C15 C 7 12 I .? ji._ I- \-. , aA19 VNVJOO N N f in ! I---) I L 0 J t� V o m C a 7 L C� .o 'o A C7 I 1 °° -.)1 OCO 4 ! , • KRDS 1Q f0 ° C C 9 t% `•I i 1 1 i1 ,I _ = O N as c o W C T .d Y m Bwo \. , I aNi m O..0 d 'a v"; 1 0C _ m (n in oa a Z N .m, I En o� 2 N � 2 —l) ° mN as _ a I I' -c 5 -- o t..1 0 an =� 1., 1 p c o m m v Z a �3 'c L :: ,., 'I1 ;t .',L';',11, 7— ami i4 e(V `} 1 ; J ►.•! c a EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 220 NORTH OCEANA BOULEVARD (GPIN 2417- 05-6295); 216 NORTH OCEANA BOULEVARD (GPIN 2417-05-7105); AND 212/214 NORTH OCEANA BOULEVARD (GPIN 2417-05-7046) SELLER: City of Virginia Beach PURCHASER: Bishard Homes, LLC, a Virginia limited liability company PROPERTIES: Building Site 1 : 220 N. Oceana Boulevard (GPIN 2417-05-6295) and Northern 1/2 of 216 N. Oceana Boulevard (GPIN 2417- 05-7105) Building Site 2: 212/214 N. Oceana Boulevard (GPIN 2417-05-7046) and Southern 1/2 of 216 N. Oceana Boulevard (GPIN 2417-05- 7105) SALE PRICE: $195,000 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." • Seller shall convey the Properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines and establish any necessary right-of-way as determined by the City. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. 69 ITEM-V-J.2 ORDINANCES/RESOLUTIONS ITEM#68744 The following registered to speak: Barbara Messner, P. O. Box 514, did not respond Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council ADOPTED, Ordinance DECLARE EXCESS City Property at 1514, 1536, and 1540 Indiana Avenue and AUTHORIZE the City Manager to sell to THSB, LLC Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 AN ORDINANCE DECLARING THE PARCELS 2 LOCATED AT 1514 INDIANA AVENUE (GPIN: 2417- 3 04-2985); 1536 INDIANA AVENUE (GPIN: 2407-94- 4 9909); AND 1540 INDIANA AVENUE (GPIN: 2407- 5 94-8956) TO BE IN EXCESS OF THE CITY'S 6 NEEDS AND AUTHORIZING THE CITY MANAGER 7 TO SELL SAME TO THSB, LLC. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land located at 1514 Indiana Avenue; 1536 Indiana Avenue; and 1540 11 Indiana Avenue, (collectively, the "Properties"), more particularly described on Exhibit 12 "A" attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Properties pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Properties through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Properties are in the midst of other residences and at the 22 time of acquisition were improved with residential duplexes and/or single-family 23 dwellings, which have since been demolished; 24 25 WHEREAS, City Council has elected to allow the reconstruction of two (2) 26 single-family homes on the Properties in order to maintain the integrity of the 27 neighborhood; 28 29 WHEREAS, a Request for Proposal ("RFP") was advertised for the 30 potential sale of the Properties; 31 32 WHEREAS, THSB, LLC ("THSB"), a non-profit organization that teaches 33 high school students how to build houses, was one of the respondents to the RFP; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that the 36 City Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to THSB; 38 39 WHEREAS, THSB will build two (2) new single-family homes on the 40 Properties to prescribed standards acceptable to the City, including elevated noise 41 attenuation and design criteria, and THSB will thereafter convey the two (2) homes 42 constructed on the improved Properties to owner-occupants; 43 44 WHEREAS, THSB will purchase the Properties in accordance with the 45 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 46 47 WHEREAS, the City Council is of the opinion that the Properties are in 48 excess of the needs of the City of Virginia Beach. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 That the Properties are hereby declared to be in excess of the needs of 54 the City of Virginia Beach and that the City Manager is hereby authorized to execute 55 any documents necessary to convey the Properties to THSB in accordance with the 56 Summary of Terms attached hereto as Exhibit "B" and such other terms, conditions or 57 modifications as may be acceptable to the City Manager and in a form deemed 58 satisfactory by the City Attorney. 59 60 Further, that the revenue from the sale of the Properties in the total 61 amount of $109,000 shall be received, and fifty percent (50%) of this amount shall be 62 deposited for appropriation in future Capital Improvement Program capital budgets in 63 Capital Improvement Project 9-059, Oceans Interfacility Traffic Area Conformity and 64 Acquisition II, and fifty percent (50%) shall be deposited for future payment by the City 65 Manager to refund the Commonwealth of Virginia's portion in accordance with the grant 66 agreement. The funds shall be received in two phases: 1) $29,000 at the time the 67 Properties are transferred from the City to THSB; and 2) $80,000 at the time the 68 Properties are transferred from THSB to owner-occupants. 69 70 This Ordinance shall be effective from the date of its adoption. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on the 73 11 today of December , 2018. CA14414 R-1 11/16/18 AP' ' e E' • TO C. T NT APPROVED AS TO CONT- . 6.0 id Dcit/J J‘• 10,0"/ b eir/ Public W. ks Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY ku &J ?7 / Ccs U/ City Attorney's Office EXHIBIT A LEGAL DESCRIPTIONS Single Family Dwelling Building Site 1: 1514 Indiana Avenue (GPIN: 2417-04-2985) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, being in the City of Virginia Beach and being known, numbered and designated as Lots F & G on that certain plat entitled "Property of Laura H. Boush, a part of Blocks 18 and 19, Oceana Gardens", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 45. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. Single-Family Dwelling Building Site 2: 1536 Indiana Avenue and 1540 Indiana Avenue (GPINs: 2407-94-9909 and 2407-94- 8956) • GPIN: 2407-94-9909 (1536 Indiana Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot A, as shown on that certain plat entitled "RESUBDIVISION OF THE SOUTHERN 125' OF LOTS 9&10, BLOCK 9, OCEANA GARDENS", which said plat is being dully recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 213, at page 45. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. • GPIN: 2407-94-8956 (1540 Indiana Avenue) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 8B (erroneously referred to as Lot 8 in prior Deed), as shown on that certain plat entitled, "RESUBDIVISION OF LOT 8, BLOCK 9, PLAT OF OCEANA GARDENS, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 128, at page 3, reference to which plat is hereby made for more particular description of said lot. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1514 INDIANA AVENUE; 1536 INDIANA AVENUE AND 1540 INDIANA AVENUE. SELLER: City of Virginia Beach PURCHASER: THSB, LLC, a Virginia limited liability company PROPERTIES: Building Site 1 : 1514 Indiana Avenue (GPIN 2417-04-2985) Building Site 2: 1536 Indiana Avenue (GPIN 2407-94-9909) 1540 Indiana Avenue (GPIN 2407-94-8956) SALE PRICE: $109,000 in two phases: 1) THSB shall pay the City $29,000 at the time the Properties are transferred from the City to THSB; and 2) At such time as the houses are constructed and subsequently sold, THSB shall pay an additional $80,000 from their proceeds. CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." • Seller shall convey the Properties subject to a deed restriction preventing Buyer, or ultimate owner-occupant, from participation in the APZ-1 Acquisition Program. • Seller shall convey each building site with a plat restriction limiting the site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer, at its own cost, shall resubdivide the Properties to vacate interior lot lines. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. • Buyer shall execute a Promissory Note and Deed of Trust for each building site for the portions of sales proceeds to be paid after construction and upon sale to an owner-occupant. w I J 0 M z N�113S021 c W W0 N 2.2,Q Q D- r-. W 0 O cri o Q 2 W m LI — zQzaz = 1 . a ON - z i— H0 ~ o 2 O (n m ~ of 0 a,J w o _�-- f U o W - X .r W 0 0 Z o Ni 31aai11 Q, QTr Q °' Ii s Z o L. _ r w JCI NI a Q a Z co d f M 0 10 p z ill I 71 0 cu LL I L 1 Cr r W J - U Ii Z � do LJ — — - a W a) c? — I-1— a Q a i r aI _ _ x W et N I > zz ° — CL .I± --LJ- Tr o - I I 11 Q V e m • CI) •,Jo :IRUNEGK RDS J I 0 w G� RT (q Odl/g f O r C' o [ >+N O N a z 3 N a a EANA �v� w Q.� N (n °� U 00 ' O w — N ` Z Cl) Z N1ISBM = o a ` a N O .Q fj w Ri 111 1 I _ / m Z - 3 a V) 0) C 112 W \ 4+cr.. 3 H a) LL o WCI N Qa >. a � 1 :5 2 i., co ZCn OZ = --------------"\ I— I- 0 � o U Q V W O� CIA-19 VNV300 N ppm o —I LLQ Lr) 0 w o w LH -----j ❑ . o w m in ° - 0 we n > n z � w N J 0 Q ZZ Q Nil NNA1DS021 Tt ET- Q ., 0 w Z > -- cc 1 0 Z i __ m = Nl alaaiW -a Q i ° O c d ca g v „EPNPB`VD r O O t'N N tom 0 N 13 0 O O O a L Z a N W a m = et __ y m Zi d0 p . ... ._ = J R _GREAT NECK RD 70 ITEM-V-J.3a ORDINANCES/RESOLUTIONS ITEM#68745 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AMEND City Code Section: a. 12-2 re liability for expenses incurred in fighting certain fires Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 71 ITEM-V-J.3b ORDINANCES/RESOLUTIONS ITEM#68746 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections: b. 17-5, 23-21, 23-32, and 23-34 re larceny Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 AN ORDINANCE TO AMEND SECTIONS 17- 2 5, 23-31, 23-32 AND 23-34 OF THE CITY 3 CODE PERTAINING TO LARCENY 4 5 SECTIONS AMENDED: §§ 17-5, 23-31, 23-32 6 and 23-34 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 17-5, 23-31, 23-32 and 23-34 of the Code of the City of Virginia 12 Beach, Virginia, are hereby amended and reordained to read as follows: 13 14 Sec. 17-5. - Concealment of book or other property while on premises of library; 15 removal of book or other property from library. 16 Whoever, without authority, with the intention of converting to his own or another's 17 use, willfully conceals a book or other property valued at less than twe-five hundred 18 dollars ($200.00$500.00) from any public library or any of its branches, mobile units or 19 collections, while still on the premises of such library or facility, or willfully or without 20 authority removes any book or other property valued at less than twofive hundred 21 dollars ($200.00$500.00) from any of the above libraries, facilities, or collections, shall 22 be deemed guilty of petit larceny, which is punishable as set forth in City Code section 23 23-31. Proof of the willful concealment of such book or other library property while still 24 on the premises of such library or facility shall be prima facie evidence of intent to 25 commit larceny. 26 27 . . . . 28 29 Sec. 23-31. - Petit larceny. 30 (a) Any person who: 31 (1) Commits larceny from the person of another of money or other thing of value of 32 less than five dollars ($5.00), or 33 (2) Commits simple larceny not from the person of another of goods and chattels of 34 the value of less than two-five hundred dollars ($20.0.00$500.00) shall be 35 deemed guilty of petit larceny, which shall be punishable as a Class 1 36 misdemeanor. Upon a second conviction of petit larceny, the court shall order 37 participation in a local alcohol safety action program or substance abuse 38 screening in accordance with the provisions of section 19.2-299.2 of the Code 39 of Virginia. 40 (b) Any person convicted of an offense under this section, when it is alleged in the 41 warrant or information on which such person is convicted, and admitted, or found by the 42 jury or judge before whom such person is tried, that such person has been before 43 sentenced in the United States for any offense deemed to be larceny by the law of the 44 sentencing jurisdiction, shall be confined in jail not less than thirty (30) days nor more 45 than twelve (12) months. 46 47 Sec. 23-32. - Shoplifting. 48 (a) Whoever, without authority, with the intention of converting goods or merchandise 49 to his own or another's use without having paid the full purchase price thereof, or of 50 defrauding the owner of the value of the goods or merchandise: 51 (1) Willfully conceals or takes possession of the goods or merchandise of any store 52 or other mercantile establishment, or 53 (2) Alters the price tag or other price marking on such goods or merchandise, or 54 transfers the goods from one container to another, or 55 (3) Counsels, assists, aids or abets another in the performance of any of the above 56 acts, shall be deemed guilty of larceny and, upon conviction thereof, shall be 57 punished as hereinafter provided. The willful concealment of goods or 58 merchandise of any store or other mercantile establishment, while still on the 59 premises thereof, shall be prima facie evidence of an intent to convert and 60 defraud the owner thereof out of the value of the goods or merchandise. 61 (b) Any person convicted for the first time of an offense under this section, when the 62 value of the goods or merchandise involved in the offense is less than twe-five hundred 63 dollars ($200.00$500.00), shall be punished as for a Class 1 misdemeanor. 64 (c) Any person convicted of an offense under this section, when the value of the 65 goods or merchandise involved in the offense is less than twe--five hundred dollars 66 ($200-00$500.00), and it is alleged in the warrant or information on which such person 67 is convicted, and admitted, or found by the jury or judge before whom such person is 68 tried, that such person has been before convicted in the Commonwealth of Virginia for a 69 like offense, regardless of the value of the goods or merchandise involved in the prior 70 conviction, or for a violation of section 18.2-95 or section 18.2-96 of the Code of Virginia 71 or section 23-31 of this Code, shall be confined in jail not less than thirty (30) days nor 72 more than twelve (12) months. 73 (d) Any person who has been convicted of violating the provisions of this section shall 74 be civilly liable to the owner for the retail value of any goods and merchandise illegally 75 converted and not recovered by the owner, and for all costs incurred in prosecuting 76 such person under the provisions of this section. Such costs shall be limited to actual 77 expenses, including the base wage of one employee acting as a witness for the 78 prosecution, and suit costs. The total amount of allowable costs granted hereunder shall 79 not exceed two hundred fifty dollars ($250.00), excluding the retail value of the goods 80 and merchandise. 81 (e) A merchant, agent or employee of the merchant, who causes the arrest of any 82 person pursuant to the provisions of this section shall not be held civilly liable for 83 unlawful detention, if such detention does not exceed one hour, slander, malicious 84 prosecution, false imprisonment, false arrest or assault and battery of the person so 85 arrested, whether such arrest takes place on the premises of the merchant or after 86 close pursuit from such premises by such merchant, or the merchant's agent or 87 employee; provided that, in causing the arrest of such person, the merchant, agent or 88 employee of the merchant, had, at the time of such arrest, probable cause to believe 89 that the person had shoplifted or committed willful concealment of goods or 90 merchandise. For the purposes of this subsection, "agents of the merchant" shall 91 include attendants at any parking lot owned or leased by the merchant, or generally 92 used by customers of the merchant through any contract or agreement between the 93 owner of the parking lot and the merchant. 94 95 . . . . 96 97 Sec. 23-34. - Defrauding hotels, motels, campgrounds, etc. 98 (a) It shall be unlawful for any person, without paying therefor, and with the intent to 99 cheat or defraud the owner or keeper to: 100 (1) Put up at a hotel, motel, campground or boardinghouse; 101 (2) Obtain food from a restaurant or other eating house; 102 (3) Gain entrance to an amusement park; or 103 (4) Without having an express agreement for credit, procure food, entertainment 104 or accommodation from any hotel, motel, campground, boardinghouse, 105 restaurant or eating house. 106 It shall be unlawful for any person, with intent to cheat or defraud the owner or keeper 107 out of the pay therefor, to obtain credit at a hotel, motel, campground, boardinghouse, 108 restaurant or eating house for food, entertainment or accommodations by means of any 109 false show of baggage or effects brought thereto. 110 It shall be unlawful for any person, with intent to cheat or defraud, to obtain credit at a 111 hotel, motel, campground, boardinghouse, restaurant, eating house or amusement park 112 for food, entertainment or accommodations through any misrepresentation or false 113 statement. 114 It shall be unlawful for any person, with intent to cheat or defraud, to remove or cause to 115 be removed any baggage or effects from a hotel, motel, campground, boardinghouse, 116 restaurant or eating house while there is a lien existing thereon for the proper charges 117 due from him for fare and board furnished. 118 (b) This section shall apply only if the value of the service, credit or benefit procured or 119 obtained is less than two five hundred dollars ($200.00$500.00). 120 (c) Any person who violates any provision of this section shall be guilty of a Class 1 121 misdemeanor. 122 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11th day of December , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - ArAor _ CP/ii(Le) 9-4,11A AN:P Police Department City Attorney's Office,' CA14588 R-1 November 29, 2018 72 ITEM-V-J.3c ORDINANCES/RESOLUTIONS ITEM#68747 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections: c. 5-103 and 5-104 re creation of the animal control unit advisory board Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 AN ORDINANCE TO AMEND SECTIONS 5-103 AND 5-104 2 OF THE CITY CODE PERTAINING TO THE VIRGINIA 3 BEACH ANIMAL CONTROL UNIT ADVISORY BOARD 4 5 Sections Amended: City Code §§ 5-103 AND 5-104 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 5-103 and 5-104 of the City Code are hereby amended to read as 11 follows: 12 13 Sec. 5-103. - Animal control unit advisory board. 14 15 (a) The Virginia Beach Animal Control Unit Advisory Board ("advisory board") shall 16 serve as an advisory board to the Virginia Beach Police Department and shall be 17 vested with the following duties and functions. The committee shall serve as a 18 group of interested community members who will regularly meet on a quarterly 19 basis to provide advice to help sustain and advocate for the operation of the city's 20 Adoption-Friendly Animal Care and Adoption Center ("adoption center") and the 21 animal control unit's enforcement efforts so as to best serve the community. 22 23 (b) The advisory board shall support the city's animal adoption, animal enforcement 24 and animal sheltering functions and shall enhance the city's relationship with animal 25 care professionals, animal advocacy groups and community members. The 26 advisory board shall provide vision and leadership recommendations to the police 27 department in order to meet the city's present and future animal care needs. 28 29 Sec. 5-104. - Membership. 30 31 The advisory board shall consist of nine (9) ten (10) voting members and three (3) 32 nonvoting members, plus two (2) nonvoting city council liaisons. The members shall be 33 appointed by the police department. The nines ten (10) voting members shall consist 34 of: two (2) Virginia Beach SPCA ("VBSPCA") representatives; two (2) Friends of Virginia 35 Beach Animal Control ("thc Friends"); two (2) representatives from the external 36 veterinary community; two (2) five (5) interested citizens who are not affiliated with any 37 of the above group: animal welfare groups, and a representative of the Virginia Beach 38 Health Department. When requested in order to fill a VBSPCA vacancy on the advisory 39 Board, the VBSPCA Director, -- _ _ "- - _ , - "e -- ___ - - -••e _ "e__ 40 . - - -_ -. -_'__ __'_ e- shall each submit a list of at least four (4) nominees for 41 appointment by the police department as the representatives of their respective 42 organizations and a selection will be made by the chief of police or his designee. Any of 43 the persons nominated must be current members in good standing of the organizations 44 from which they arc-ne i-nated. When a vacancy exists for a member of the external 45 veterinary community or an interested citizen member, a search will be conducted via 46 public outlet to seek interested persons who are in good community standing. 47 Selections will be made by the chief of police or his designee. The adoption center 48 manager, the animal enforcement unit lieutenant and the adoption center veterinarian 49 shall be the three (3) nonvoting members and shall be permanent members of the 50 advisory board. All voting members shall be residents of the City of Virginia Beach and 51 shall be appointed to three-year terms and subject to a term limit of three (3) 52 consecutive three-year terms. 53 54 Adopted by the City Council of the City of Virginia Beach, Virginia, this 11th day of December 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Departmenti7i2/ Cif Cityttorne 's Officef pAm. , ,t, olice (/ � Y CA14555 R-2 November 28, 2018 73 ITEM-V-14 ORDINANCES/RESOLUTIONS ITEM#68748 The following registered to speak: Chris Stone, 218 77th Street, Phone: 631-2692, spoke in OPPOSITION Sharon Barish, 773 Westminster Lane, Phone: 515-9090, spoke in SUPPORT Joe Belec, 605 Barberton Drive, Phone: 348-5543, spoke in SUPPORT Mary Linn, 676 Bottino Lane, Phone: 716-8008, spoke in SUPPORT Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in SUPPORT Bernice Pope, 214 44`''Street, Phone: 343-8666, expressed concerns about parking and traffic and does not want a traffic light added. Becky Culpepper, 4004 Atlantic Avenue, Phone: 515-0533, did not respond Heather Jimenez, 407 Masury Court, Phone: 469-3077, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION B. J. Karibian, 5508 Dawson Road, Phone: 202-255-6633, did not respond Les Watson, 200 Bendix Road#300, Phone: 497-6633, spoke in SUPPORT Jack Drescher, 6410A Ocean Front Avenue, Phone: 428-3344, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT Marlayne Castelluzzo, 5189 Stratford Chase Drive, Phone: 735-1163, spoke in SUPPORT R. J. Nutter, 222 Central Park Avenue, Phone: 687-7500, spoke in OPPOSITION Bob Glover, 210-12-14 40`"Street, Phone: 287-8565, spoke in OPPOSITION Josh Schulman, One Columbus Center, Phone: 490-7800, spoke in OPPOSITION Ella Dorene Dunbar, 5189 Maracas Arch, Phone: 463-9861, spoke in SUPPORT Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in SUPPORT Council Member Moss MOVED to ADOPT the Resolution to DIRECT the City Manager to NOT RECONFIGURE Atlantic Avenue near 40`"Street, seconded by Council Member Abbott. Voting: 3-7(MOTION WAS DENIED/LOST TO NEGATIVE VOTE) Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer and John D. Moss Council Members Voting Nay.• M Benjamin Davenport, Barbara M Henley, Louis R.Jones, Shannon DS Kane, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: *John E. Uhrin *JOHN E. UHRIN STEPPED OUT DURING CONSIDERATION AND VOTE December 11, 2018 r�4G EAC� a; City of Virginia Beach tiOUR NO31- December 11, 2018 VBgay.com JOHN E.UHRIN PHONE: (757)200-7006 COUNCILMAN-DISTRH JUHRINOVBOOV.COM In Reply Refer to ICT 6-BEA 0064331C Mrs. Amanda Barnes City Clerk's Office Municipal Center Virginia Beach,Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following disclosure: 1. 1 am making this disclosure regarding City Council's discussion and vote on a resolution directing the City Manager to not reconfigure Atlantic Avenue near 40'h Street and the Cavalier Hotel. 2. I have a personal interest in East Beach Realty, which is located at 4459 Pleasant Avenue in Norfolk. 3. East Beach Realty is marketing homes adjacent to the Cavalier on the Hill. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Jo E. Uhrin C uncilmember JEU/RRI 215 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 74 ITEM-V-J.5 ORDINANCES/RESOLUTIONS ITEM#68749 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE$140,000 payment from the "Next Generation Network" CIP to the Virginia Beach Development Authority (VBDA)re internet connectivity and economic development Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, 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: None December 11, 2018 1 AN ORDINANCE TO AUTHORIZE PAYMENT OF 2 $140,000 TO THE CITY OF VIRGINIA BEACH 3 DEVELOPMENT AUTHORITY IN SUPPORT OF 4 INTERNET CONNECTIVITY AND ECONOMIC 5 DEVELOPMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 A payment of $140,000 from the City, originating from CIP # 3-664, "Next 11 Generation Network," to the City of Virginia Beach Development Authority is hereby 12 authorized for the purpose of providing a grant in support of Internet connectivity and 13 economic development. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of December 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J- L-uuja. • Budget and Management Services City Attorney's Office CA14586 R-2 December 3, 2018 75 ITEM-V-16 ORDINANCES/RESOLUTIONS ITEM#68750 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council ADOPTED,BY CONSENT, Ordinance to APPROPRIATE$445,000 from the Tourism Advertising Program Special Revenue Fund to the FY2018-19 Convention and Visitors Bureau Operating Budget re advertising and marketing efforts Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 AN ORDINANCE TO APPROPRIATE $445,000 FROM 2 THE FUND BALANCE OF THE TOURISM 3 ADVERTISING PROGRAM SPECIAL REVENUE 4 FUND TO THE FY 2018-19 OPERATING BUDGET OF 5 THE CONVENTION AND VISITORS BUREAU FOR 6 ADVERTISING AND MARKETING EFFORTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $445,000 in the Tourism Advertising Program Special Revenue Fund is 12 hereby appropriated, with specific fund reserve revenue increased accordingly, to the 13 FY 2018-19 Operating Budget of the Convention and Visitors Bureau for advertising and 14 marketing efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of December , 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: Dc - 11 Budget and Management Services ' '.. ornefi's Office CA14582 R-1 November 28, 2018 76 ITEM-V-J.7 ORDINANCES/RESOLUTIONS ITEM#68751 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$12,000 from the U.S. Department of Homeland Security to the FY2018-19 Fire Department Operating Budget re purchase hazmat team equipment Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE U. S. DEPARTMENT OF 3 HOMELAND SECURITY FOR THE HAZMAT TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $12,000 is hereby accepted and appropriated, with federal revenue increased 9 accordingly, to the FY 2018-19 Operating Budget of the Fire Department for the purchase 10 of equipment for the Hazmat Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of December 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ck/ Ab . Budget and Management Sery ces City A tto ney' /ffice CA14581 R-1 November 28, 2018 77 ITEM-V-J.8 ORDINANCES/RESOLUTIONS ITEM#68752 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER$1,732,024 from Capital Projects 2-107, 2-149, 2-168, and 2-176 to Capital Project "Laskin Road Phase I-A"and TRANSFER$1,619,398 from Capital Projects 5-805, 6-093, and 6-559 to Capital Projects "Laskin Road Water Improvements Phase I"and "Laskin Road Sewer Improvements Phase I" Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 AN ORDINANCE TO TRANSFER $1,732,024 FROM 2 CAPITAL PROJECTS #s 2-107, 2-149, 2-168, AND 2-176 TO 3 CAPITAL PROJECT # 2-126, "LASKIN ROAD PHASE 1-A" 4 AND TO TRANSFER $1 ,619,398 FROM CAPITAL 5 PROJECTS #s 5-805, 6-093, AND 6-559 TO CAPITAL 6 PROJECT # 5-207, "LASKIN ROAD WATER 7 IMPROVEMENTS PHASE I," AND CAPITAL PROJECT # 6- 8 075, "LASKIN ROAD SEWER IMPROVEMENTS PHASE I" 9 10 WHEREAS, the Virginia Department of Transportation (VDOT) has requested that 11 the City appropriate all local funds for the Laskin Road Improvement Project prior to 12 VDOT's advertisement for construction; and 13 14 WHEREAS, the latest cost estimate from VDOT provides a difference of 15 $1 ,732,024 between the total local funding and what is needed for VDOT to advertise the 16 project for construction; 17 18 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA THAT: 20 21 1 . In order to meet the additional local share requirement, the following 22 amounts in previously appropriated funds, totaling $1,732,024, from the following CIP 23 projects are hereby transferred to CIP # 2-126, "Laskin Road Phase 1-A": 24 25 o 2-107 Seaboard Road $629,079 26 a 2-149 Birdneck Road — Phase II $95,735 27 a 2-168 Lesner Bridge Replacement $378,686 28 a 2-176 Transportation Network Analysis $628,524 29 30 2. In order to meet additional funding needs for Laskin Road companion 31 projects within the FY 2018-19 Capital Improvement Plan, the following amounts in 32 previously appropriated funds, totaling $1,619,398, from the following CIP projects are 33 hereby transferred to CIP # 5-207, "Laskin Road Water Improvements Phase I" and CIP 34 # 6-075, "Laskin Road Sewer Improvements Phase I": 35 36 a 5-805 Water Systems Aging Infrastructure Program $750,000 37 a 6-093 Consent Order Rehabilitation Plan Implementation $737,786 38 a 6-559 Sanitary Sewer Asset Management Program $131,612 Adopted by the Council of the City of Virginia Beach, Virginia on the 11th day of December 2018. APPROVED AS TO CONTENT: APP D AS TO LEGAL SUFFICIENCY: ( rtfiO Yji ' Budget and Management Services Cijty A : .r is Office CA14579/R-1/November 29, 2018 78 ITEM—V-K.1 PLANNING ITEM#68753 The following registered to speak: Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, spoke in OPPOSITION Steven Johnston, 2316 Enchanted Forrest Lane, Phone: 310-1338, spoke in OPPOSITION Mike Jarrad, 1800 Chelsea Green Drive, Phone: 353-1196, spoke in OPPOSITION Arleen Painter, 1901 Fairweather Court, Phone: 6507776, spoke in OPPOSITION Allen Prince, 1868 Chelsea Green Drive, Phone: 589-1519, spoke in OPPOSITION Tracey Little, 1900 Candytuft Court, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Kane, City Council, DENIED 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(Deferred from November 20, 2018) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 79 ITEM—V-K.2 PLANNING ITEM#68754 The following registered to speak: Michael Childress, 2572 Horse Pasture Road, Phone: 689-1919, spoke in SUPPORT Marcelo Scarpa, 2572 Horse Pasture Road, Phone: 689-1919, spoke in SUPPORT Steven Johnston, 2316 Enchanted Forrest Lane, Phone: 310-1338, spoke in SUPPORT Upon motion by Council Member Kane, seconded by Council Member Wilson, City Council, APPROVED,AS CONDITIONED,Application of BMVS,LLC for a Conditional Use Permit re bulk storage yard at 2572 Horse Pasture Road DISTRICT 3—ROSE HALL (Deferred from November 20, 2018) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BMVS,LLC for a Conditional Use Permit re bulk storage yard at 2572 Horse Pasture Road(GPIN 1495850569)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The location of the Bulk Storage Yard shall be limited to the area depicted on the exhibited entitled, "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. Evergreen shrubs,planted three feet on center, shall be installed in the area in front of the stormwater management facility, as depicted on the Proposed Site Layout on page five (5) of the report. The shrubs shall be a minimum of twenty-four(24) inches in height at the time of installation and shall be maintained to be no taller than four(4)feet for safety and visibility purposes. A plan depicting the ultimate species and location of said plant material shall be submitted to the Department of Planning and Community Development for review and ultimate approval prior to the issuance of a building permit. 3. This Conditional Use Permit shall be valid for seven (7)years from the date of City Council approval. 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 11th day of December, Two Thousand Eighteen. December 11, 2018 80 ITEM—V-K 2 PLANNING ITEM#68754 (Continued) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 ,--7...." f I/ I Ii # 1 -_. _._ __ 1 i Ii 1 * , 1 1 • 1 i X' f / / I is ,......— i I , i 1 k 1 I _________________________. 1 \ f/i \ , 1 1: 111—Z ii 1 - . r`••• co . . _ __________ 41 16. . . ‘,..j ... "J‘\i '14W I 411 , e gr. I et ..-- tr.; I abl i.„... irq s p 0 1 --- - ei „:„,,_. ihh%....%1/4.\\:- . z ithri#21, / / !*' f i`b... "I , . ; ! / A / I t 1 ._____ f ) i i i t 1 . ________.____ -7 ) t ? [ 1 i * I ------------- ___T- , 1 * / i - .., , / 1 € . ; i - i I ----____________ _____ ________ ,' i .f # ( 1 s 1 jie i i / ------ __ _ I 0 1 2 ---__ ---.22 0 1 ------.7 i / I _ _.._.___._. # i r--------- :_, i / E 1 f I 1 ____._ / e CD I ------- .________. ! i i ( .,, j ? ' I #1 1 -----------, '\,---, 13-61*--1 i 2----i;ft- -----------------* mor I i Tum ; I I 1 I t 1 mon 4C . - 81 ITEM—V-K.3 PLANNING ITEM#68755 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of COLUMBUS 4692 ASSOCIATES, LLC,for a Street Closure re an unimproved portion of Potomac Street at the West side of Independence Boulevard DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COLUMBUS 4692 ASSOCIATES, L.L.C. for a Street Closure re an unimproved portion of Potomac Street at the West side of Independence Boulevard (GPINAdjacent 1477451163)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Potomac Street into the applicant's adjoining parcel. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized easement satisfactory to the applicable agencies of the City of Virginia Beach shall be dedicated for all public infrastructure remaining within the portion of the right-of- way to be closed. Any relocation of public infrastructure is subject to review, requirements, and approval by the applicable agencies of the City of Virginia Beach. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1)year of the City Council vote to close the right- of-way, this approval shall be considered null and void. 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 11th day of December, Two Thousand Eighteen. December 11, 2018 82 ITEM—V-K.3 PLANNING ITEM#68755 (Continued) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 ORDINANCE APPROVING APPLICATION 2 OF COLUMBUS 4692 ASSOCIATES, 3 L.L.C. FOR THE CLOSURE OF A 9,812 4 SQ. FT. UNIMPROVED PORTION OF 5 POTOMAC STREET 6 7 WHEREAS, Columbus 4692 Associates, L.L.C., a Virginia limited liability 8 company (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, 9 to have the hereinafter described unimproved right-of-way discontinued, closed, and 10 vacated; and 11 12 WHEREAS, it is the judgment of the Council that said right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way (the "Right-of-Way") be 22 discontinued, closed and vacated, subject to certain conditions being met on or before 23 one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF CLOSURE 9,812+/- SF 0.225+/- 28 AC.", and shown as the shaded area on that certain street 29 closure exhibit entitled: "EXHIBIT SHOWING STREET 30 CLOSURE AT PORTION OF POTOMAC STREET 31 (UNIMPROVED) VIRGINIA BEACH, VA", dated November 29, 32 2018, prepared by Site Improvement Associates, Inc., a copy 33 of which is attached hereto as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorney's Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPINs: 1477-45-1163 & 1477-34-9747) 47 2. The Applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the Right-of-Way into the Applicant's adjoining parcel. The plat must be 49 submitted and approved for recordation prior to the final street closure approval. 50 51 3. An appropriately sized public utility easement satisfactory to the 52 Department of Public Utilities shall be dedicated for all public utilities infrastructure 53 located within the Right-of-Way. Any relocation of public infrastructure is subject to 54 review, requirements, and approval by the applicable agencies of the City of Virginia 55 Beach. 56 57 4. The Applicant shall verify that no private utilities exist within the Right-of- 58 Way proposed for closure. If private utilities do exist, easements satisfactory to the 59 utility company must be provided. 60 61 5. Closure of the Right-of-Way shall be contingent upon compliance with the 62 above stated conditions within 365 days of approval by City Council. If the conditions 63 noted above are not accomplished and the final plat is not approved within one year of 64 the City Council vote to close the Right-of-Way, this approval shall be considered null 65 and void. 66 67 SECTION III 68 69 1 . If the preceding conditions are not fulfilled on or before December 11 , 70 2019, this Ordinance will be deemed null and void without further action by the City 71 Council. 72 73 2. If all conditions are met on or before December 11 , 2019, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents are 78 requested, if any, to convey such interest, provided said documents are approved by 79 the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH as "Grantor" and "COLUMBUS 4692 ASSOCIATES, L.L.C." as 86 "Grantee". 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 11th day 89 of December , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _Lte(AA,uf 'r(r/t/i1tri•P tu6,A. _ Planning Department City Attorney CA14411 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d029\p025\00435140.doc R-1 November 29, 2018 EXHIBIT A 14 dt2lifENRO 18070r (ME 111, Fr 15) NOW OR FORMERLY INDEP I, LLC GPIN #1477-45-1163 NOW OR FORMERLY (M.B. 196, PG. 34) INDEP II, LLC GPIN #1477-35-9047 (M.B. 2442, PG. 245) r— ss yy .6D " N 8 7 E 20 S 1741'46" W 24.28' S A=28.33' V° 188.78' R=208.50' Z S 89'37'23" W AREA OF CLOSURE 9,812± SF J 0.225± AC. W J I NOW OR FORMERLY op a a_COLUMBUS 4692 ASSOCIATES LLC 4 n_ GPIN #1477-34-9747 0 w 't (M.B. 241, PG. 47) =ate < m ` z CD NOW OR FORMERLY WEST NECK LLC GPIN #1477-44-2539 (M.B. 209, PG. 59) THOF1/ r CLAUDE F. ,.p Lie.No.19310 A 0 A 11.29.18 .� �SSIONALyCs f—NOW OR FORMERLY CITY OF VIRGINIA BEACH GYXt: MET GPIN #1477-44-0388 (M.B. 141, PG. 15) BO'IVY (deg 1*1, AT 15) EXHIBIT SHOWING STREET CLOSURE AT S Site Improvement Associates, Inc. PORTION OF POTOMAC STREET rng,neers Sureeya?a. & Site Contractors (UNIMPROVED) A where Engineering end VIRGINIA BEACH, VA Construction Come Together SCALE: 1"=100' DATE: 11/29/18 100 50 0 100 200 800 Jumper Crescent sena A OMee 757471-9000 Chesapeake,VA 23320 Fax 757-8719288 scale feet 83 ITEM—V-K.4 PLANNING ITEM#68756 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council, APPROVED,AS CONDITIONED, BY CONSENT,Application of DORIE E. MILFORD&A. CHRISTINE CARROLL/ JOAN LEE for a Change of Nonconformity re two (2) dwelling units at 4201 Ocean Front Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DOME E. MILFORD & A. CHRISTINE CARROLL/JOAN LEE for a Change of Nonconformity re two (2) dwelling units at 4201 Ocean Front Avenue (GPIN 2418966348)DISTRICT 6—BEACH The following conditions shall be required: 1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "PROPOSED ADDED SITE COVERAGE", revised May 29, 2018, and prepared by Hunter Bristow- Architect, 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 improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "PROPOSED VARIANCE APPLICATION ADDITIONS TO 4201 OCEANFRONT AVENUE VIRGINIA BEACH, VIRGINIA", revised May 29, 2018, and prepared by Hunter Bristow-Architect, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11th day of December, Two Thousand Eighteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 A RESOLUTION AUTHORIZING THE EXPANSION OF 2 NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 4201 OCEAN FRONT AVENUE 4 5 WHEREAS, Dorie E. Millford and A, Christine Carroll, (hereinafter the 6 "Applicants") have made application to the City Council for authorization to expand the 7 nonconforming structure located at 4201 Ocean Front Avenue in the R-7.5 Residential 8 Zoning District, by the addition of a one story addition to the dwelling and a second story 9 addition to the garage on the parcel; 10 11 WHEREAS, this parcel currently contains two (2) dwelling units which is not 12 allowed in the R-7.5 Zoning District, but they were built prior to the adoption of the 13 applicable zoning regulations and are therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach 16 recommended approval of this application on October 10, 2018; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of a nonconforming structure is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed structure, as 21 expanded, will be equally appropriate or more appropriate to the zoning district than is 22 the existing structure. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed structure, as expanded, will 28 be equally appropriate to the district as is the existing nonconforming structure under 29 the conditions of approval set forth herein below. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the expansion of the nonconforming structure is hereby authorized, upon 35 the following conditions: 36 37 1. The expansion of the building shall be in substantial conformance with the 38 submitted site layout exhibit entitled, "PROPOSED ADDED SITE 39 COVERAGE", revised 5/29/2018, and prepared by Hunter Bristow - Architect, 40 which has been exhibited to the Virginia Beach City Council and is on file in 41 the Department of Planning and Community Development. 42 43 2. The exterior of the proposed improvements shall substantially adhere in 44 appearance, size and materials to the submitted elevations entitled 45 "PROPOSED VARIANCE APPLICATION ADDITIONS TO 4201 46 OCEANFRONT AVENUE VIRGINIA BEACH, VIRGINIA", revised 5/29/2018, 47 and prepared by Hunter Bristow - Architect, which have been exhibited to the 48 Virginia Beach City Council and are on file in the Department of Planning and 49 Community Development. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day Of December , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: blot_ Barry Frankenfield B. Kay Wilso Planning and Community City Attorn y' Office Development CA14520 R-1 September 28, 2018 2 , i 1 t-, -, --' 1,. D I 1 . ,,, win00_4011--_ 1Mi r' 11e , Nk - ___--------"'L--7re tioli. I, _ 114111, 4. __________----- ' \ a 10011"P. 0 \ \It..., -vow \ 4,... \ , * \ 7----A 1 in c. '------- \i \ c4 vr 0 v_______-1,5- 1-----rg..,....„3 \\\\‘ ce\ \e, , ti . — \ \ ,. \ m 84 ITEM—V-K 5 PLANNING ITEM#68757 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council,APPROVED,AS CONDITIONED,BY CONSENT,Application of POTTER PROPERTIES GROUP,LLC for a Modification of Conditions re farm stand and ADA compliant restrooms at 1065 First Colonial Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA POTTER PROPERTIES GROUP, LLC for a Modification of Conditions re farm stand and ADA compliant restrooms at 1065 First Colonial Road (GPINS 2408530661, 2408535486, 2408534687) DISTRICT 5—LYNNHAVEN The following conditions shall be required: All conditions of the December 3, 1996&March 15, 2016 Conditional Use Permits shall be deleted and replaced with the following conditions listed below: 1. Standard parking lot improvements shall not be required. A crushed shell parking area surface is permitted, with the exception that paved handicap parking space(s) shall be provided with paved access to the facility, as per ADA requirements. Parking stops shall be added within the parking area to clearly identify parking spaces. 2. At least one (1)ADA compliant portable restroom facility must be provided on site. The portable restroom facility must be accessible with a hard surface walkway that connects to the farm stand. All necessary permits shall be obtained from the Department of Planning & Community Development Permits and Inspections Office prior to construction of work. If future expansions to the farm stand are approved by City Council, an ADA compliant permanent restroom shall be constructed. 3. There shall be one (1) vehicular access point allowed from First General Parkway, as shown on the site layout. There shall be no direct access permitted from First Colonial Road. 4. The site shall be permitted to have no more than three (3) signs, one of which may by a freestanding sign. A separate permit from the Department of Planning & Community Development, Zoning Office, shall be obtained prior to the installation of any signage. 5. The two (2) parcels located to the north of First General Parkway (GPINs 2408534687 & 2408530661) shall continue to be cultivated for the entire duration of the site's use as a farm stand. December 11, 2018 85 ITEM—V-K 5 PLANNING ITEM#68757 (Continued) 6. All products sold at the farm stand shall be limited to those specifically indicated within the definition of an "Agricultural-related product, " as defined in Section 401 (e)(3) of the Zoning Ordinance. This shall include honey, maple syrup,jams,jellies,preserves, relishes,juices, cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs, breads and other baked goods, fresh seafood, poultry and other meats, ornamental plants, flowers, pottery, hanging baskets, wood carvings, potholders and other hand crafted items having an agricultural theme, and similar items. Also included is bottled water, soda and items or apparel displaying exclusively the name of the farm stand shall be allowed,provided that the display of such apparel shall not exceed ten (10)percent of the floor area of the establishment. 7. No parking shall be permitted or no structures shall be installed, with the exception of a freestanding sign, within fifty (50)feet of the property line adjacent to First Colonial Road. All healthy, existing trees that are six (6) inches in diameter or greater within this area shall be preserved. 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 11`" day of December, Two Thousand Eighteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 \ \=•'''---' , ....% N_ .......---- ----- \...„......,..--\..N ......„..„.„...A. ....."---- -..--..- , r \\ fA-----c---- ...f ‘,N i.-- ,, • \ _ 0 ..... \ ..-- .. \ ..••-•.•.. _...-- \--7.- \ ----- ...----2 ----- -_-:::------- __.---r- -----\ \ \ ------- oi6- ---- ' 1 _ ---------ovp\-- \... __----------,--to‘ • 0 \ _,----\ __-- --,..-- ...-- .... ..,... • 0 m 0 \,.>._ _ --- .•-..•- ..- . . ..B. ---% \ – _-•------ --- .. W i , ..---------- _-- , , 2 .-- F\ \ ...-- , \., i\c) . i.: --„ \--0 _.- , -- \ S. . k , -----k-N oi \ .... .._ :s- c• r....\\ai ,r, •1 16,„ 1h, Nit o ---- , 0 . ,-- .... ca . -VP \ 0 \ \ Igl i q k---‘,..-----\ i \ (5 .4\ I I, \ ap . , ..., ....__, . ED . \ ' / ,...:, CO ... . ', . • ..7.-\\)<) cd.•; r- 0 A \ ...........,--- ..,..... ., ..,, ..„.• \ .. ... ..., • '. \ k - . _------ 6-3- r---9------7 \ \ .„, \) \ \\, \ ..--- +,...,----‘A 5.---------1'.----- I I, N r-I 1 -------- C\A 7 1 p rr--1 n-- (-1 - a f I _ s)j ....-- --------\ ‘--13 [7:-.7_ I .,._. .•_.--- 86 ITEM—V-K.6 PLANNING ITEM#68758 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council,APPROVED,AS CONDITIONED,BY CONSENT,Application of LITTLE WARRIORS CHRISTIAN ACADEMY/ST. FRANCIS EPISCOPAL CHURCH for a Conditional Use Permit re child care center within a religious use and a Modification of Conditions re religious use at 509 South Rosemont Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LITTLE WARRIORS CHRISTIAN ACADEMY/ ST. FRANCIS EPISCOPAL CHURCH for a Conditional Use Permit re child care center within a religious use and a Modification of Conditions re religious use at 509 South Rosemont Road (GPIN 1486680782) DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. Signage for the Child Care Education Center shall be in accordance with the following: a. No sign shall have more than two (2)faces. b. Any freestanding signage shall be no taller than eight (8)feet, externally lit, and shall be located as shown on page three (3) of the report and limited in sign area as depicted on page eight(8) of this report. c. The temporary sign shall be removed within ninety (90) days from the date of approval by City Council. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of a new sign. The conditions of the 1964 Conditional Use Permit for Religious Use shall be deleted and replaced with the conditions below: 1. The number of occupants shall be as established by the Building Off cial's Office. 2. The Religious Use shall maintain good standing and be in compliance with all permits and inspections from the Department of Planning & Community Development / Permits and Inspections Division and the Fire Department. December 11, 2018 87 ITEM—V-K.6 PLANNING ITEM#68759 (Continued) 3. Signage for the Religious Use shall be in accordance with the following: a. No more than one freestanding sign shall be permitted at each of the two (2)entrances. b. No sign shall have more than two (2)faces. c. All signage shall be limited to locations as depicted on page three (3) of this report and limited in sign area as depicted on page eight(8) of the report. d. Any freestanding signage shall be no taller than eight(8)feet, and externally lit. 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 11th day of December, Two Thousand Eighteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 i----1:---- ., ks.I/ O ' --- -----1011tie- -- 1%. / / 7 Cj ci,on„, ---r.v , i El r."..;.,__,,I D mr, L ti to --- CW n -------:-=---:::-T--------- - -I, Vicei I C-1 Er-c (-,___1 L-----7 CD r,___, , C-14-77 Q:=3 'r'-------_________ 40:94usr le ----j r-;3 Api 7 0 __:Th--I tom-. r -- D -7ci, (3 n / It 0 pi, ,f)::____, , _____________„______:„ -- OLLni 'E2' ' 2J `----- I ! t:, r , a �„ 1---] rtj C:=3 ° -------„:- ---„,___=_-_________,___________ _—________ i Lcrc=0 ,-Fi '''''s\ _ __________ ----- '11\4 iliff----- ------------------__,_-,,,--7. ILQ11: raj b. if—) \ .3 15\ 1 i- r A \ \ _I\ iiirin a LP°1 i ' at i:/, \, - iNit„ Nu'. C)' 1 - / i - C4111 TEI St "T.' i ] c=3c,P'\ \t.. _____________ _______________ K ./1r 0 ----- e-:_pri-Ton V,E!--/ - .3 C: 0 1111 11 if/I ( Cl C----J <>q / T"" --- ,,,--,- / .---- -----. / *pa i /// It ] D IcL,46,],_ ,W//'/ D* r____, * 0 0 4-S111.,"?-' / Oa .ix .7"/ a i 0 (-/744 / „/ .0 Iti*,'-'er 0 t / / Lo 1 VY ti h,)'"\ �iC t � 4;f :� ' r 0 w_____c - 4/0 rAbtyI 4tI // 0) 1 * rc4,:,../ 1 0 .i' "*. rc:-)' >r p„,--, . r ( At, prr / (-4-i . / / ,.. 88 ITEM—V-K.7 PLANNING ITEM#68760 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of CHUA BA THIEN HA U/ MISS SAIGON PROPERTIES, LLC for a Conditional Use Permit re religious use at 437 North Witchduck Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHUA BA THIEN HA U/MISS SAIGON PROPERTIES, LLC for a Conditional Use Permit re religious use at 437 North Witchduck Road (GPIN 1467878682)DISTRICT 4—BAYSIDE 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, "Thein Hau Shrine, "prepared by Kellam Gerwitz and revised October 20, 2018, 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 two (2)story building shall substantially adhere in appearance, size and materials to the submitted elevations entitled "Shrine Sketch Chua Ba Thien Hau, "on pages six (6) and seven (7) of the report, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. Parking lot lights shall be turned off when the building is not in use. Lighting on the front and rear of the building may remain on for security purposes, but will be shielded from residential neighbors. 4. The vehicular ingress/egress shall be limited to right-in and right-out only. This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11th day of December, Two Thousand Eighteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 c]Li r c3 i 1 —7 r r 1,0 -'' Li U 0 iblf i i [j 0 d ,l fl ,._....__________________ r... , 1 t______,_f aLckt 0 ---------,„,_ ------- . ..___,.. ,,.. --________,_ ')06-1-1-e-A-ve-----.--,-- \-' -----).7_ ro in [17 Li 0 L111 ( Lo El It' ID ' ' 0 D Ibnill E [JEI It I° C D LO, Cj:i f La ci 0 EriNi...p_ 01/ _,? FL] III LEI1 1 tx ,174; 1 1 L.4 I clip /La El _ 131?°.04i0/7mi ______ JL! 3490 c:7-_-_------- _ __ ___ _ _ _ _ _ ------_____ -----______ _ ____ _ ; .:, 711,0 _________., ------- - - - ------------------- - ------ ------ 0 j I: itli L____:: /__,_..__f,__________,7:;>(. 1 CU I. 4011 Ct I Ill 1 1 1 kAL 1 i . 1 4F 11 N C3 C2 LO I 1 • - thi I r•I I I re 11:1,= 7 / /I . 0 , 1 . C3 ___.) . / / i ,. e 00 / / ca I < 7 / =I LL1 Li -- ___.,- ,...- H _ _ :..,.:__________---------- - 1 / 89 ITEM—V-K8 PLANNING ITEM#68761 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of EVERLASTING LOOKS, LLC/ BELLA M. HANSON for a Conditional Use Permit re tattoo parlor at 4640 Haygood Road DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA EVERLASTING LOOKS, LLC/ BELLA M. HANSON for a Conditional Use Permit re tattoo parlor at 4640 Haygood Road (GPIN 1478461 721)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Building signage designed to be a "box sign" and signage for windows shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11`"day of December, Two Thousand Eighteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 • ,,,,,,,:„ ' .s, ,_,_:,,, _,-: _.,, '-,,,,,,-,,, ,,,,,.,,,.,, , _ ., - - „., --, ,, ., , ., _,_ , , „.„ - ,.. .. - ----_,„.-,_ - --_, ,,, .---, ,, - - - -,..., - ......„...„.... _,_. - - - - ,,,,,____ - -,....,,,,, -,---,:„.:,:-.„-::•-t_*,kih,,_ .„, , ,. . c4 CO „, ,,,. , , eis , • m ./..„----- ....' , ....- . . . .......-- ?cf.,.....„---- _,------- v 0 _, .,„,---- \ .....„- „.,--- •Tim ,\ \ , . ._-. .. _.,., • 444 \ \ \ \ \ t \ \ \ tiy ,... -,... .,„, .... „, ..,.. / ;4 \\<::, ? %Tr \fp # : , 11111°:4'44S:11‘) ...... iiik • 0 _____ _... ._- VI ___...... ..• . 1° MI-- • . ik.% . v- ...., I "..., cer .-. 0 . ct,- - 90 ITEM—V-K.9 PLANNING ITEM#68762 The following registered to speak: Jay Gates, 1375 Oceana Boulevard, Phone: 342-6086, spoke in SUPPORT Steven Johnston, 2316 Enchanted Forrest Lane, Phone: 310-1338, spoke in SUPPORT Barbara Messner, P.O. Box 514, spoke in OPPOSITION Upon motion by Council Member Uhrin, seconded by Council Member Abbott, City Council, APPROVED,AS CONDITIONED,Application of THIN BREW LINE BREWING CO./OCEANA CROSSINGS,LLC for Conditional Use Permits re craft brewery and open-air market at 1375 Oceana Boulevard DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THIN BREW LINE BREWING CO./OCEANA CROSSINGS,LLC for Conditional Use Permits re craft brewery and open-air market at 1375 Oceana Boulevard (GPIN 2415489273)DISTRICT 6—BEACH The following conditions shall be required: Conditional Use Permit(Craft Brewery) 1. With the exception of any modifications required by any of these conditions or by any City regulations, the unit shall be configured in conformance with the submitted layout plan shown on page five (5) of the report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon 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. A separate sign permit from the Planning Department shall be required for the installation of any signage. 6. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 7. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. December 11, 2018 91 ITEM—V-K.9 PLANNING ITEM#68762 (Continued) Conditional Use Permit(Open-Air Market) 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one (1)food truck, which shall be located in substantial conformances with the submitted layout plan, shown on page five (5) of the report. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department and Community Development. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11`" day of December, Two Thousand Eighteen. Voting: 9-2 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Mayor Robert M Dyer, Louis R. Jones, Shannon DS Kane, John E. Uhrin, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: None December 11, 2018 --////,(.---. 7..,._--,__ __- ..)I il ti AD l ' .,i/ 4,k.---------_,------) III t3 is. ., , e, .o." Ca -______-_-,gritizi-oenui..-___*/ ----------z--.5, ---)/__________ rL� te-``-moi-�'-- 111 CIIII 01 / , mr- m a W tp,-- ,,,,,-, ii Lo a " , • . - - 14 I CV $ �V �. II I ist � Leo.e ,, 7 ' • C ._ ,4 ori ID 1� a rii. it 1 ///,/ ‘ ce - < 0 *Al / *to 0 ' 40- < f th 4 co y ..., „ ' / 7-- .- -% N- C11-; / ze:-- // fivs/"'cN . - Vii Iligi 11) . Laj\CNI IX . t vitr, I (i ....,•-/•-. ..--/ ilk {V \‘11 1SL . . ''. \ iv • 'We I -- 0 -:„\---\ ., . : i 1 i AL /.' ‘. } ■� r �J ."i� J O N / it -rSit i / / i . Z ;A,"/' / . m . it M *,-.0% 4o f -N. .,. 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(ArioNip4 1 r,,4 co -0 _':::--_,:::-,...-----,--Iriss ea*. -/.441,4 eAsgs , ita volts*" - \\/, ii-Litt„, (.4 ./, * lg. ,,, ,,,_•11411i tw A 'Ilftreer.,' , •: inpu__ - -.::;_-_----r- -gm 4i, g .. _ ( Ic*-111. __," 1 ° � i I11 , `ter° Wm re (Li c, :7\ �o� il . �,�Y ani, c Iil� o 92 ITEM—V-K.10 PLANNING ITEM#68763 The following registered to speak: Lisa Murphy, 440 Monticello Avenue#2200, Phone: 628-5540, represented the applicant Jerry Adams, 4024 Harlow Street, Phone: 679-3288, spoke in OPPOSITION Upon motion by Council Member Abbott, seconded by Council Member Moss, City Council, APPROVED, CONDITIONED, AS AMENDED, Application of PI TOWER DEVELOPMENT, LLC/ R. SHANE EARLY & MERLE W. EARLY for a Conditional Use Permit re communication tower at 5238 Challedon Drive DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PI TOWER DEVELOPMENT, LLC/R. SHANE EARLY & MERLE W. EARLY for a Conditional Use Permit re communication tower at 5238 Challedon Drive (GPINS 1466584768, 1466586715) DISTRICT 2 —KEMPSVILLE 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 "VA - Virginia Beach - Kempsville - PIVA062," drawn by BC Architects Engineers, and dated August 22, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 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 on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 175 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 a non-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. 7. There shall be no shipping containers, trailers, sheds or bulk storage of materials allowed within the front yard of the site two (2) months following the commencement of construction of the Communications Tower. December 11, 2018 93 ITEM—V-K.10 PLANNING ITEM#68763 (Continued) 8. Within two (2) months from the commencement of construction of the Communication Tower, the property owner shall remove and not replace the windows and window frames, shopping carts and other loose items on the ground along the portion of the fence line abutting the driveway facing the rear of the adjoining shopping center and shall no longer store such items in that location. In connection with the construction of the Communication Tower, the applicant shall remove the existing gate and fence panels to the left and right of the gate used periodically to enter and exit the property from the rear of the adjoining shopping center and shall replace them with Noodle Link gate and fence panels. 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 11`" day of December, Two Thousand Eighteen. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, 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: None December 11, 2018 / „pi it \4. LI U C'-Jo oLi. • c.) s: 0 pi -7 O^ a CO PCC O f r 1110V Cio 0 / csir\P bbe. 1\7 - CO Lt V4 c`l ' . 4iiiiiriki 10 1 CO% 1 Aral! 94 ITEM—V-K.Il a PLANNING ITEM#68764 The following registered to speak: Steven Johnston, 2316 Enchanted Forrest Lane, Phone: 310-1338, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council DEFERRED INDEFINITELY, Ordinance to AMEND the City Zoning Ordinance(CZO): a. Section 201 re permits for fences Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 95 ITEM—V-K.11 b PLANNING ITEM#68765 Upon motion by Vice Mayor Wood, seconded by Council Member Uhrin, City Council APPROVED, BY CONSENT, Ordinance to AMEND the City Zoning Ordinance (CZO): b. Section 232 re communication towers Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 1 AN ORDINANCE TO AMEND SECTION 232 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO COMMUNICATION 4 TOWERS 5 6 Section Amended: § 232 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 232 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 232. - Communication towers; building-mounted antennas; small wireless 19 facilities. 20 21 (a) Purpose; applicability. 22 23 (1) The purpose of this section is to (1) facilitate the provision of wireless 24 communications services to the citizens and businesses of the city; (2) minimize 25 the risk of physical damage and other potential adverse impacts of 26 communications towers; (3) require, where commercially reasonable, the joint 27 use of communications towers by providers of wireless telecommunications 28 services so as to avoid unnecessary proliferation of communication towers and 29 related facilities; and (4) allow the use of public property under circumstances in 30 which such use (i) minimizes the potential adverse visual and other impacts of 31 communication towers and their appurtenances; (ii) does not adversely affect 32 the operation of public facilities such as public safety communications facilities 33 and water tanks for their primary purpose; and (iii) conforms to applicable 34 requirements pertaining to the use of public property for purposes of 35 communication tower siting. 36 37 (2) Notwithstanding the provisions of Section 105(d) of this ordinance, any co- 38 location of antenna arrays or other modifications to a communication tower or 39 base station that substantially changes, whether individually or cumulatively, the 40 physical dimensions of such tower or base station, shall require a new or 41 modified conditional use permit. For purpose of this section, the standards set 42 forth in Title 47, Part 1, Subpart CC of the Code of Federal Regulations (47 43 C.F.R. § 1 .40001 et seq.), or any successor regulation, shall be determinative of 44 whether a co-location or other modification substantially changes the physical 45 dimensions of a communication tower or base station. 46 1 47 (b) Definitions as used in this article, unless the context requires a different meaning: 48 49 "Administrative review-eligible project" means a project that provides for: 50 51 (1) The installation or construction of a new structure that is not more than 50 52 feet above ground level, provided that the structure with attached wireless 53 facilities is (i) not more than 10 feet above the tallest existing utility pole 54 located within 500 feet of the new structure within the same public right-of- 55 way or within the existing line of utility poles; (ii) not located within the 56 boundaries of a local, state, or federal historic districts; (iii) not located inside 57 the jurisdictional boundaries of a locality having expended a total amount 58 equal to or greater than 35 percent of its general fund operating revenue, as 59 shown in the most recent comprehensive annual financial report, on 60 undergrounding projects since 1980; and (iv) designed to support small cell 61 facilities; or 62 63 (2) The co-location on any existing structure of a wireless facility that is not a 64 small cell facility. 65 66 "New structure" means a wireless support structure that has not been installed or 67 constructed, or approved for installation or construction, at the time a wireless services 68 provider or wireless infrastructure provider applies to a locality for any required zoning 69 approval. 70 71 "Standard process project" means any project other than an administrative review- 72 eligible project. 73 74 (c) Administrative review-eligible 75 76 (1) Administrative review — eligible projects shall be administratively reviewed 77 according to this section. 78 79 (2) A fee of $ is established for administrative review and a fee of 80 $ is established for standard process review. 81 82 (d) The processing of any application submitted under administrative review or any 83 zoning approval required for a standard process project shall be subject to the following: 84 85 (1) Within 10 business days after receiving an incomplete application, the City 86 shall notify the applicant that the application is incomplete. The notice shall 87 specify any additional information required to complete the application. The 88 notice shall be sent by electronic mail to the applicant's email address 89 provided in the application. If the locality fails to provide such notice within 90 such 10-day period, the application shall be deemed complete. 91 2 92 (2) Except as provided in subdivision 3, a locality shall approve or disapprove a 93 complete application: 94 95 a. For a new structure within 150 days of receipt of the completed 96 application; or 97 98 b. For the co-location of any wireless facility that is not a small cell facility 99 within 90 days of receipt of the completed application. 100 101 (3) Any period specified in subdivision 2 for the City to approve or disapprove an 102 application may be extended by mutual agreement between the applicant and 103 the City. 104 105 (e) No response. A complete application for a project shall be deemed approved if the 106 City fails to approve or disapprove the application within the applicable period specified 107 in subdivision (d) administrative review or any agreed extension. 108 109 Lfi Disapproval. If a locality disapproves an application submitted under (d) 110 administrative review or for any zoning approval required fora standard process project: 111 112 (1) The City shall provide the applicant with a written statement of the reasons for 113 such disapproval; and 114 115 (2) If the locality is aware of any modifications to the project as described in the 116 application that if made would permit the City to approve the proposed 117 project, the City shall identify them in the written statement provided under 118 subdivision 1. The City's subsequent disapproval of an application for a 119 project that incorporates the modifications identified in such a statement may 120 be used by the applicant as evidence that the locality's subsequent 121 disapproval was arbitrary or capricious in any appeal of the City's action. 122 123 (q) Discrimination. A locality's actions on disapproval of an application submitted under 124 administrative review or for any zoning approval required for a standard process project 125 shall: 126 127 (1) Not unreasonably discriminate between the application and other wireless 128 services providers, wireless infrastructure providers, providers of 129 telecommunications services, another providers of functionally equivalent 130 services; and 131 132 (2) Be supported by substantial record evidence contained in a written record 133 publicly released within 30 days following the disapproval. 134 135 Appeal. An applicant adversely affected by the disapproval of an application 136 submitted under administrative review or for any zoning approval required for a 3 137 standard process project may file an appeal pursuant to law within 30 days following 138 delivery to the applicant or notice to the applicant of the record described in section q. 139 140 (bi) Preapplication conference. Prior to submitting an application for a conditional-use 141 _ •- _ _ _ . • _ - _ _ - an administrative review or standard process review, 142 the applicant shall meet with the director of planning or his designee in order to discuss; 143 the application. 144 145 - - - - -- - - - -- - - - _ - - -146 communication tower or other suitable structure, including a publicly owned 147 facility, where Buchu-se will not adversely affect the primary use of such facility; 148 149 (2) The availability of suitable alternative sites, including publicly owned sites, for 150 the proposed communication tower; 151 152 - - - - - - - - --- - - - -- - - -- e. - •'153 to, potential interference with governmental public safety communications 154 155 156 157 158 159 (5) Such other matters as may be relevant to the application, 160 161 ` e - _ _ •_ - /1111/1.. ..• 162 e -- - - - - - - - - - - - ee • - - -- - 163 164 (Gj) Application requirements. - -**• •* - _ -- - _ • . •_ -_ _' -_ _ 165 aApplications conditional use permit shall include the following items: 166 167 (1) A site plan or plan drawn to scale, showing the location and design of the 168 proposed tower, including any accessory buildings or other appurtenances, 169 vehicular parking areas, access points, landscaped areas, adjacent land uses, 170 and any other information required by the planning director; 171 172 (2) A landscaping plan showing the type, size, number and location of plant 173 materials, including existing trees or other plant materials to be used; 174 175 (3) A report from a professional engineer licensed in Virginia, under seal, detailing 176 the height, design and total anticipated capacity of the proposed tower, 177 including the number and type of antennas that can be accommodated, and any 178 other information deemed necessary by the Building Code Administrator to 179 determine whether such tower conforms to the requirements of the Virginia 180 Uniform Statewide Building Code. Such report shall also include a certification 181 from the engineer that the tower is capable of supporting the total anticipated 182 capacity of the tower, including all appurtenances; 4 183 184 (4) A certification from a professional engineer licensed in Virginia, under seal, that 185 all antennas or antenna arrays intended to be affixed to the proposed tower 186 comply with all applicable regulations promulgated by the Federal 187 Communications Commission pertaining to the emission of radio frequency 188 radiation; 189 190 (5) Where the proposed communication tower is to be located within one quarter 191 - 192 - - -- -..-- -_ _ . -- _ _ _ - - - - ' - -' e- - - - •- 193 - - - - - - - - - _ 194 195 a. Balloon tests, computer generated photographic simulations showing such 196 tower in the proposed locatio isibility maps, and any other information 197 deemed necessary by the planning director to a-secs the visual impact of 198 e - - - --- - 199 200 b. A summary of the applicant's planned contacts with the residents of the 201 ar a regarding the proposed tower. The applicant shall, as soon as 202 practicable after such contacts have occurred, notify the Planning Director 203 of the substance of such contacts, including the neighborhoods or other 204 205 206 (6) Verifiable information satisfactory to the planning director of the lack of available 207 space or structural capacity for the applicant's wireless telecommunications 208 equipment on (i) existing towers, buildings or other structures, (ii) sites on which 209 existing towers are located, or (iii) sites on which the proposed tower would be 210 less visible from or located a greater distance from residential or apartment 211 districts than the proposed location. Information submitted to demonstrate such 212 findings shall include, but not be limited to: 213 214 a. The absence of existing towers or other structures meeting the height, 215 structural strength or other technical needs of the applicant within the 216 appropriate geographic area; 217 218 b. Engineering analyses demonstrating that the applicant's proposed 219 equipment would cause interference with the equipment on an existing 220 tower of other structure, or the equipment on an existing tower or other 221 structure would cause interference with the applicant's proposed 222 equipment; or 223 224 c. Evidence that the rents, fees or other contractual provisions required to co- 225 locate the applicant's antenna equipment on an existing communications 226 tower, or to construct a communications tower on property to be purchased 227 or leased, would be commercially unreasonable in light of the location of the 228 proposed facilities; 5 229 230 (7) Where the proposed communication tower or antenna is to be located within 231 one (1) mile of an existing or planned public safety communications facility, an 232 intermodulation study submitted by a professional engineer licensed in Virginia, 233 under seal. Such study shall: 234 235 a. Include the frequencies used by the city or other public entity for public 236 safety purposes at any site within one (1) mile of the proposed facility; 237 238 b. Analyze 2nd, 3rd, 5th and 7th order intermodulation calculations using the 239 maximum number of signals for each order; and 240 241 c. Include the frequencies used for each intermodulation order calculation, the 242 name of the channel used and the bandwidth of each channel; 243 244 (8) A geographical map, with sufficient markings and detail, illustrating that the 245 proposed communications equipment will not be located within a two-hundred- 246 foot buffer of the microwave path between any existing public safety 247 communications sites; and 248 249 (9) Where the proposed wireless communication equipment is to be located on a 250 water tank or within the secure area of any water tank site, a security plan 251 showing the times at which access to the proposed equipment will be allowed, 252 the identities of the persons with authorized access to such facilities and such 253 other information as the director of public utilities may require; provided, 254 however, if such security plan is incorporated in a lease between the city and 255 the applicant, this requirement shall be waived. 256 257 (4k) Locational and design requirements. In determining whether to grant or deny an 258 application under administrative review or standard process conditional—use permit 259 application for a new or expanded communication tower or other wireless 260 telecommunication equipment, the city council shall give primary consideration to the 261 following factors: 262 263 -- -- -- _ - - - --- - —- - - - - - - - - -264 265 - - = '- - -- - - - - - - - -• - -- - - _ _ 266 of the following reasons: 267 268 -- e - - - - e ' - - - - - --_ -- -- - - -- - - - -- 269 -- - . _ e _ eee . -e a -e -- - -ea eea -e • 270 _ e -_ e _ ee' -_ e - e _ -- -• --- - ._. 271 documented by a licensed profe-sional engineer; 272 6 273 b. The planned equipment would cause electromagnetic interference a# ieg 274 275 cannot reasonably be prevented; or 276 277 - - - -- - - -- • ' - -- - - _ _ -- _ _ - . . _ . 278 .- - -- - - - - • • --- - -- - - - - -- - - •_. - _ ._ _ _ _ .. 279 for its proper functioning; 280 281 A -- -- -- - eee e ' • - -- - e - -- - - -e e - - 2 82 _ -- - e - - - • • -- - - -- - -- - - - - - - - - - - -- - - - 283 - - - •-- - - - : - - - - - - - -- _ _ ee e e -284 _ - _ -e -_ !! -- - -- - e - - e— -e - - - - 285 e eee - e - - - - •- - -- !! -- - -- 286 287 _ -- -- -- - eee e _ ee - - -- e -- •- - ---- 288 of subsection (h), pertaining to public safety communications facilities and water 289 tanks; and 290 291 ('1) Whether the applicant has agreed, in writing, to allow the co location of the 292 -e_ _ --- _ _ -- • - - - - e•••• - •• ations providers, to the extent of the 293 294 - .. - " - - - e e - - e - eee e e . 295 296 (1) Whether the proposed height of any wireless support structure, wireless facility, 297 or wireless support structure with attached wireless facilities exceeds 50 feet 298 above ground level, provided that the locality follows a local ordinance or 299 regulation that does not unreasonably discriminate between the applicant and 300 other wireless services providers, wireless infrastructure providers of 301 telecommunications services, and other providers of functionally equivalent 302 services; or 303 304 (2) Whether the applicant proposes to locate a new structure, or to co-locate a 305 wireless facility, in an area where all cable and public utility facilities are 306 required to be placed underground by a date certain or encouraged to be 307 undergrounded as part of a transportation improvement project or rezoning 308 proceeding as set forth in objectives contained in a comprehensive plan, if: 309 310 a. The undergrounding requirement or comprehensive plan objective existed 311 at least three months prior to the submission of the application; 312 313 b. The locality allows the co-location of wireless facilities on existing utility 314 poles, government-owned structures with the government's consent, 315 existing wireless support structures, or a building within that area; 316 7 317 c. The locality allows the replacement of existing utility poles and wireless 318 support structures with poles or support structures of the same size or 319 smaller within that area; and 320 321 d. The disapproval of the application does not unreasonably discriminate 322 between the applicant and other wireless services providers, wireless 323 infrastructure providers, providers of telecommunications services, and 324 other providers of functionally equivalent services. 325 326 (3) Nothing in this article shall prohibit an applicant from voluntarily submitting, and 327 the locality from accepting, any conditions that otherwise address potential 328 visual or aesthetic effects resulting from the placement of a new structure or 329 facility. 330 331 (4) Nothing in the article shall prohibit a locality from disapproving an application 332 submitted under a standard process project on the basis of the availability of 333 existing wireless support structures within a reasonable distance that could be 334 used for co-location at reasonable terms and conditions without imposing 335 technical limitations on the applicant. 336 337 (el) Construction requirements. All communication towers constructed or expanded 338 after the adoption of this section shall comply with or exceed all applicable requirements 339 of the Virginia Uniform Statewide Building Code, including all model codes incorporated 340 therein. In addition, all such towers shall be non-illuminated and painted such color or 341 colors as to minimize visibility, unless otherwise required by Federal Aviation 342 Administration, Federal Communications Commission or other applicable laws or 343 regulations. 344 345 (m) No zoninq approval required. The City shall not require zoning approval for (i) 346 routine maintenance or (ii) the replacement of wireless facilities or wireless support 347 structures within a six-foot perimeter with wireless facility or wireless support structures 348 that are substantially similar or the same size or smaller. However, the City may require 349 a permit to work within the right-of-way for that activities described in clause (i) or (ii), if 350 applicable. 351 352 (n) Reporting. That any publicly-owned or privately-owned wireless service provider 353 operating within the Commonwealth or serving residents of the Commonwealth shall, by 354 January 1, 2019, and annually thereafter until January 1, 2025, provide to the 355 Department of Housing and Community Development a report detailing by county, city, 356 and town enhanced service capacity in previously served areas and expansion of 357 service in previously unserved geographic areas that are provided access to wireless 358 services. Notwithstanding any other provision of law, the Department shall maintain the 359 confidentiality of company-specific data but may publicly release aggregate data. 360 361 (fo) Landscaping and screening requirements. Landscaping and screening shall 362 conform to the following standards: 8 363 364 (1) Existing trees on the lot or within the leased area or other area within the control 365 of the applicant shall be preserved to the maximum extent practicable; 366 367 (2) To the extent permitted by applicable setback requirements, towers shall be 368 located on a site so as to maximize the effectiveness of trees as screening. 369 370 - e e - - - - -e e •• __ e - •- -- _ _ -- - 371 - - - - - e '• e - -- -e. - - - - _ -- - - - 372 with individual plantings spaced not more than five (5) feet apart, shall be 373 e e - - -ee .e- - - e-- 374 -374 - - e e - _ _ - -- _ _ - 3. _ - _ ••- e e - e - e -- -375 - 376 feet of the perimeter of the required setback line; 377 378 (4) For towers more than one hundred (100) feet in height, in addition to the 379 - - . ee - - - -- - e - - -- - -- - -- . 380 minimum caliper of two and one half (2'/2) inches at time of planting and spaced 381 -- 382 of the perimeter of the required setback; 383 384 - - -- - - -e•-e - : • e • - e • - e e- •- • - - _ e _ 385 - - -- - - - e - - - ---- - -- . - _ 386 387 - 388 (iii) at all times be maintained in healthy and growing condition. 389 390 391 e- - e e - . •- - ee e - -e- e _ - _ . _ . _- -- 392 it deems appropriate. 393 394 (gp) Setback requirements. The following setback requirements shall apply to 395 communication towers other than those affixed to electrical transmission line structures: 396 397 (1) Minimum side and rear yard setbacks, as measured from the base of the 398 communication tower, excluding its appurtenances, shall be fifty (50) feet in 399 residential, apartment, mixed-use and agricultural districts and twenty-five (25) 400 feet in all other districts;, provided, however, that no tower shall be located 401402 _ - _ _ -_ - _ _ -- _ -- - - _ _ e _ _ _ _ . _ _ 403 further, that tThe minimum setback from any street, as measured from the base 404 of the tower, shall be fifty (50) feet. e • ' - _ _ _ __ _ ___ _ _ _ .' _ 405 the city council may require a greater or Ie'ser setback when it deems such 406 - •- - e- - - - - -- - - - - - - ' - - - - - - 407 structures from damage, to enhance the screening effect of on or off site trees 408 _ _ -- -_ . - _ _ _ -- . __ ee - e- 9 409 410 (2) Minimum setbacks of equipment buildings shall be as specified in the zoning 411 district regulations. 412 413 (14g) Public safety communications facilities; water tanks. In light of the special 414 security and public safety concerns applicable to sites occupied by city facilities such as 415 public safety communications facilities and water tanks, the following additional 416 requirements shall apply: 417 418 (1) Public safety communications facilities. No private wireless telecommunications 419 facilities shall be allowed: (i) on sites with public safety communications facilities 420 or within the secure compounds of such sites; (ii) in any location at which the 421 director or communication and information technology determines, based upon 422 an intermodulation study required by subdivision (7) of subsection (c), that the 423 operation of the proposed wireless telecommunications facilities would present 424 a substantial possibility of causing interference with one or more public safety 425 communications facilities and cannot be satisfactorily mitigated; or (iii) in any 426 location within a two-hundred-foot buffer of the microwave path of any existing 427 or future public safety communications microwave facility. 428 429 (2) Water tanks. No private wireless telecommunications facilities shall be allowed 430 on any city water tank or within the secure area of any water tank site unless 431 there is a demonstrable public need for wireless telecommunications services 432 in the area to be served by such facilities and there is no reasonable alternative 433 site available. In such cases, the applicant shall be required, as a condition of 434 the conditional use permit, to comply at all times with a security plan approved 435 by the city council. 436 437 (ir) Other requirements. The following additional regulations shall apply to all 438 communication towers: 439 440 (1) No signage shall be permitted on any communication tower; 441 442 (2) All communication towers and their appurtenances shall comply with applicable 443 regulations of the Federal Communications Commission and Federal Aviation 444 Administration. Where regulations and requirements of this section conflict with 445 those of the Federal Communications Commission or the Federal Aviation 446 Administration, the federal requirement shall govern; 447 448 (3) All communication towers shall be subject to periodic reinspection by the 449 building code administrator. If any additions, changes or modifications are to be 450 made to the structural characteristics of the tower, the building code 451 administrator shall have the authority to require proof, through the submission 452 of engineering and structural data, that the addition, change or modification 453 conforms to structural wind load and all other requirements of the Uniform 454 Statewide Building Code; and 10 455 456 (4) Any communication tower or wireless telecommunications equipment that are 457 not in use for a period of one (1) year shall be removed within ninety (90) days 458 after notification by the planning director. If not so removed, the city may 459 contract for their removal and charge the cost thereof to the owner of the 460 communication tower or wireless telecommunications equipment. 461 462 (}s) Special provisions for communication towers affixed to electric transmission line 463 structures and building-mounted antennas. 464 465 (1) Communication towers affixed to electric transmission line structures and 466 building-mounted antennas shall be allowed as principal uses where so 467 permitted in the district regulations, provided that the following requirements are 468 met: 469 470 a. Communication towers and building-mounted antennas shall be made of 471 materials or painted in such manner as to match, to the maximum extent 472 practicable, the color of the structure upon which they are affixed or 473 mounted; 474 475 b. Communication towers shall not project above the top of the structure to 476 which they are affixed by more than twenty (20) percent of the height of the 477 structure; 478 479 c. The owner of the communication tower or his agent submits to the planning 480 director a list containing the name and last known address of the owner of 481 all abutting lots, as shown on the current real estate tax assessment books 482 or current real estate tax assessment records. The planning director shall 483 thereafter notify such property owners of the filing of the site plan or building 484 permit application seeking approval of the communication tower. No such 485 site plan or building permit shall be approved for a period of seven (7) days 486 from the mailing of the notices; and 487 488 d. Building-mounted antennas shall conform to the requirements of section 489 207. 490 491 (2) Communication towers affixed to electric transmission line structures and 492 building-mounted antennas not meeting the applicable requirements of this 493 section may be permitted as conditional uses where so provided by the 494 regulations of the district in which they are located. 495 496 (kt) Temporary communication towers not meeting the requirements of section 207 497 may be allowed as conditional uses where so provided by the regulations of the district 498 in which they are located. Small wireless facilities not placed on existing structures may 499 be allowed as conditional uses where so provided by the regulations of the district in 500 which they are located. 11 Adopted by the Council of the City of Virginia Beach, Virginia, on the 11th day of December 2018 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: La)& 1 CVO anning Deppa- me City Attorney's Office CA14455 R-2 October 15, 2018 12 96 ITEM V-L APPOINTMENTS ITEM#68766 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION 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 HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE STORMWATER APPEALS BOARD TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION December 11, 2018 97 ITEM V L. APPOINTMENTS ITEM#68767 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: ALICE KELLY (Interim Finance Director) No Term DEFERRED COMPENSATION BOARD Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, 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: None December 11, 2018 98 ITEM V-L. APPOINTMENTS ITEM#68768 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MAYOR ROBERT M. DYER No Term HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 99 ITEM V-L. APPOINTMENTS ITEM#68769 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MAYOR ROBERT M.DYER No Term HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, 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: None December 11, 2018 100 ITEM V-L. APPOINTMENTS ITEM#68770 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MAYOR ROBERT M. DYER No Term SOUTHERN PUBLIC SERVICE AUTHORITY Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, 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: None December 11, 2018 101 ITEM V-L. APPOINTMENTS ITEM#68771 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: COUNCIL MEMBER ELECT AARON ROUSE Beginning January 1, 2019 No Term TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M Benjamin Davenport, 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: None December 11, 2018 102 ITEM V-M. NEW BUSINESS ITEM#68772 Mayor Dyer acknowledged that this will be the last City Council Meeting with Council Members Davenport and Uhrin. He expressed his sincere appreciation to them for their years of service and dedication to City Council and the City. Council Member Davenport expressed his appreciation to the Mayor and stated he is looking forward to working to help the City. Council Member Uhrin said it was his honor and privilege. December 11, 2018 103 ADJOURNMENT ITEM#68773 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 8:40 P.M. -411101• °A4_...4 .1d1W Terri '. elius Chief Deputy ity Clerk Cv Amanda :arnes, MM Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia December 11, 2018