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JANUARY 7, 2020 FORMAL SESSION MINUTES
A4U Bit M OF OUR KW VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 7, 2020 Mayor Robert M. Dyer called to order the CITY MANAGER'S BRIEFINGS in in the City Council Conference Room, Tuesday,January 7, 2020, at 2:00 P.M. Council Members Present: Jessica P.Abbott,Michael F.Berluchhi,Mayor Robert M.Dyer,Aaron R. Rouse, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Barbara M. Henley —Arrived at 2:03 P.M John D. Moss —Arrived after recess into Closed Session Guy K. Tower — Out of the country on family vacation Sabrina D. Wooten —Arrived at 2:05 P.M ��4G1r11A BEA`le 41) City of Virginia B each o z� Op OUR NAt\ON�' VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH December 27, 2019 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of the country on family vacation December 30, 2019-January 13, 2020. Sincerely, hii 4s Guy K Tower cc: City Clerk City Attorney City Manager FOIA Officer 211 43rd STREET,VIRGINIA BEACH,VA 23451 2 CITY MANAGER'S BRIEFINGS SHARED MOBILITY ITEM#69898 2:00 P.M. Mayor Dyer welcomed Bryan Solis, Assistant to the Acting City Manager for Special Projects. Mr. Solis expressed his appreciation to City Council for their continued support and distributed a copy of the presentation which is attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Solis for the presentation. 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Ms. Tempesco expressed her appreciation to City Council for their continued support: ,,,,........) \'''''''d d 4 PARCEL LEVEL FLOOD MITIGATION PROGRAM FUNDING PROPOSAL KIMBERLEY TEMPESCO,MS CFM OFFICE OF EMERGENCY MANAGEMENT JANUARY 7,2020 J Here is the Introduction: \--,� INTRODUCTION /// • Since 2010 the City has applied for Flood Mitigation Grants and has 24 properties ',....- either elevated or in progress with another 10 on pending elevation or acquisition grants. • Due to the restrictiveness of the Federal Program many flood-prone properties do not qualify for federal assistance or have a low likelihood of funding approval. Only the most severely impacted SRL properties can be assisted with this funding and there are sianificant limits to the future use of the property. • While other funding sources exist such as HUD,PW Stormwater CIP, HMGP(post disaster), NOAA grants and individual property owners can take advantage of post flood ICC,SBA loans and 203(k)loans IF they can qualify,a significant funding gap still exists for the majority of these properties. • After 8 years of learning,working and struggling with these federal programs it's time for the city to invest in a local program. January 7, 2020 4 CITY MANAGER'S BRIEFINGS PARCEL-LEVEL FLOOD MITIGATION PROGRAM ITEM#69899 (Continued) Here is the Recommendation: ) L� +\"// �RECOMMENDATION v • Fund a city program beginning with the FY-2021 budget with the following: • $1,500,000 Initial Investment • $500,000 Annual Investment More Mitigation Meatttres More Savings . ---i-------1 One dollar invested in mitigation= six dollars U.S.saves in future costs , ..m/ ✓ v �� . ‘, Here are a few of the Benefits of Flood Mitigation: `--// BENEFITS OF FLOOD MITIGATION • LIFE SAFETY PROTECTION k 3a COMMUNITY RESILIENCY '. iJ ,'o- : • ELIMINATE SRL/RL PROPERTIES +r " .� i '' o • PW PROJECT BENEFIT �r t s - - �•` • NEIGHBORHOOD IMPROVEMENT „ y;�fiY.,_ i 1 I s' • INFRASTRUCTURE IMPROVEMENT --- �— ' • SEA LEVEL RISE PROTECTION • REDUCED FLOOD INSURANCE RATES FOR MITIGATED PROPERTIES • CRS CREDITS TO SAVE NFIP POLICY HOLDERS 5%PER CLASS (SAVINGS OF$437,777 ANNUALLY) ... • '`J sr" s'.....01 ‘ ) January 7, 2020 5 CITY MANAGER'S BRIEFINGS PARCEL-LEVEL FLOOD MITIGATION PROGRAM ITEM#69899 (Continued) This slide provides Actual Reduced Flood Insurance Rates for Mitigated Properties: L� L� FLOOD INSURANCE REDUCTION BENEFITS • ACTUAL REDUCED FLOOD INSURANCE RATES FOR MITIGATED PROPERTIES • $3000 REDUCED TO$325 • $7050 REDUCED TO$474 • $4090 REDUCED TO$450 • $10,200 REDUCED TO$540 • $7000 REDUCED TO$472 • CRS CREDITS TO SAVE NFIP POLICY HOLDERS 5%PER CLASS=$437,777 ANNUALLY V." • flII $10,200 to$540 $7,000 to$472 • s J •V The funding sources below provide limited support to the Parcel-Level Flood Mitigation Program. The recommended funding would supplement the sources below and allow flood prone properties to benefit from mitigation actions: FUNDING SOURCES WiwrA HUD SW Funds PW CIP Funds AMP Insurance Benefits Other Benefits Parcel-Level AMA Giant Flood Fends CITY Mitigation Program 1 January 7, 2020 6 CITY MANAGER'S BRIEFINGS PARCEL-LEVEL FLOOD MITIGATION PROGRAM ITEM#69899 (Continued) The funding sources that exist for such projects are listed here; however, each have restrictions and limitations: PROPOSED MITIGATION ACTIONS • PROPERTY ACQUISITION(STRUCTURE DEMOLITION) • OWNER OCCUPIED MITIGATION(RELOCATING UTILITIES,FLOOD VENTS,ELEVATION,ETC.) • MITIGATION EASEMENTS FOR FLOOD CONTROL PROJECTS • INCENTIVIZE FACILITATED SALES W/PROPERTY IMPROVEMENT • OWNER INCENTIVES • POST-FLOOD OWNER RECONSTRUCTION ASSISTANCE (SUPPLEMENT INSURANCE OR IA) • POST-FLOOD QUICK BUY PROGRAM (ACQUISITION) • OTHER ACTIONS AS DETERMINED AND RECOMMENDED .s s Here is an overview of the Program Development: PROGRAM DEVELOPMENT — • A TASK FORCE COMPRISED OF STAKEHOLDER DEPARTMENT REPS&CONSULTANTS WOULD DEVELOP A VIABLE&SCALABLE PROGRAM TO PROVIDE PROPERTY OWNERS WITH MITIGATION ASSISTANCE WHERE OTHER FUNDING IS NOT AVAILABLE. • BASED ON THE CURRENT STUDIES DEWBERRY IS ALREADY TASKED WITH: • DEVELOPING OUTREACH PROGRAM TO GAUGE INTEREST • DEVELOPING A PLATFORM FOR HOMEOWNERS TO APPLY FOR ASSISTANCE • DEVELOPING SCORING CRITERIA TO EVALUATE(RANK)PROPERTIES • PROGRAM WOULD PRIORITIZE FUNDING SOURCES FOR BEST USE • GOAL IS TO HAVE PLATFORM FOR INITIAL APPLICATION PERIOD AVAILABLE BY JULY 1 IN TIME FOR THE NEW FY AND AHEAD OF 2020 FEMA GRANT OPENING `DEPTS INCLUDE OEM,PW,PU,PLANNING,DHNP,P&R,CITY ATTORNEY&OTHERS AS NEEDED* 1 January 7, 2020 7 CITY MANAGER'S BRIEFINGS PARCEL-LEVEL FLOOD MITIGATION PROGRAM ITEM#69899 (Continued) This slide illustrates the Return on Investment using calculations demonstrated in National Hazard Mitigation Reports providing Flood Mitigation Investment saves$6.00 in damages for every$1.00 spent: RETURN ON INVESTMENT $I s,000,000.00 $10,000,000.00 $8,000,000.00 $6,000,000.00 $9,000..• $4,000,000.00 ^. $437,777.00 52,000,000.00 $3,000,000.00 $0,500,000.00 $- $50%000.00 INITIAL ANNUAL INVESTMENT MITIGATION SAVES$6 Per S CR)CLASS IMPROVEMENT QUESTIONS? o Mayor Dyer expressed his appreciation to Ms. Tempesco for the presentation. January 7, 2020 8 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 3:06P.M. Mayor Dyer welcomed William Landfair, Planning Evaluation Coordinator and Kevin Kemp, Zoning Administration —Planning. Mr. Landfair expressed his appreciation to City Council for their continued support: City of Virginia Beach Planning Items January 7 & 21, 2020 City Council Meetings • rr•. s t 1 t There are fifteen (15)Planning Items scheduled for January 7`h: SUMMARY — January 7th 15 Planning items scheduled for City Council's consideration 1. HR VB Bou va•,LLC—Lynnhaven District • Conditional Use Permit(Indoor Recreational Facility) -�� • Recommended for Approval by Planning Commission&Staff - ' 0 2. RHK Properties,LLC—Beach District «<w•�• • Conditional Use Permit(Motor Vehicle Sales) • °t, • Recommended for Approval by Planning Commission&Staff ,r `�""'�"• �` ..s`•F Vie. mot.. 3. Beach Spirits,LLC—Beach District d` , w�•w,uc • Conditional Use Permit(Craft Distillery) n�••. "•"s'�^a'•'•"'" 1.NM T.Ml ue • Recommended for Approval by Planning Commission&Staff ` -^ 4. Pembroke Square Assodates,LLC—Bayside District •""•, ` P: • Conditional Use Permit(Indoor Recreational Facility) �`"• b•"� • Recommended for Approval by Planning Commission&Staff "`•` •. .rwr•••..." 5. New Life Tabernacle Of Virginia Beach,Inc.—Rose Hall District ..'•..\/� � • Conditional Use Permit(Religious Use) ' ' •••M•••oea.•�.,:•^«••• • Recommended for Approval by Planning Commission&Staff 4e"�"•"~""•""�• €\\ •fit { �. 6. RAW Enterprises,Inc.—Princess Anne District «µ \••^�,,.•••� • Conditional Rezoning(Conditional B-2 Community Business District to Conditional A-18 Apartment District) • Recommended for Approval by Planning Commission&Staff January 7, 2020 9 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) SUMMARY — January 7th 15 Planning items scheduled for City Council's consideration 7. Cellco Partnership d/b/a Verizon Wireless—Princess Anne District _ 7 • Conditional Use Permit(Communication Tower) Y_' 't, • Recommended for Approval by Planning Commission&Staff 8. CEBT Properties,LLC—Beach District �/y) ..m �F • Conditional Use Permit(Short Term Rental) r E.•.�., ;,ti°:' ` • Recommended for Approval by Planning Commission&Staff aoaar .' r.uc 9. :T : hm Revaanninmmission&Staff "Gb. 6 `+10. T Properties,LLC—Beach District ''w. '„ti `� • Conditional Use Permit(Short Term Rental) ,... .wry. • Recommended for Approval by Planning Commission&Staff �� ' •``atet,•• __ �1' t 12.&13.CEBT Properties,LLC—Beach District E 3 i •«.. a.e.wk�w.«.• • Conditional Use Permit(Short Term Rental) ar�arr'r~..a a •. • Recommended for Approval by Planning Commission&Staff A. 1 \ SUMMARY — January 7th 15 Planning items scheduled for City Council's consideration 14.C and C Development Company—Beads District • Conditional Use Permit(Short Term Rental) 'v • Recommended for Approval by Planning Commission&Staff 15.C and C Development Company—Beach District .•„„. ••A • Conditional Use Permit(Short Term Rental) •„ «•'a +` 2. • Recommended for Approval by Planning Commission&Staff 141.14 all''''...3 F•*"'uc a.wwl. . e 1Lil fi.rh.t�•••.fit 2,3134111.....LLC(•• tt '',R. • • t • January 7, 2020 10 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) HR VB Boulevard, LLC Item Council District Lynnhaven Location 4001 Virginia Beach Boulevard wire its i ----,_ - c. ii:i___; k-,6 IN . , '1) - Lt.1 1 IQ iilt It lift I - l 1 1 .--t c e- Conditional Use Permit(Indoor Recreational Facility) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval A.... „. . ,,.:::. pill , „,..,„, is :,,.., i _ ,,.., , ...., if mr i � •,,, V M1�b�s . • Request a Conditional Use Permit for an Indoor Recreation Facility • Proposing to operate a 24-hour fitness center in the Collins Square Shopping Center • Ample on-site parking available • No changes to exterior of building other than signage HR VB Boulevard,LLC Item 1 January 7, 2020 11 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) RHK Properties, LLC Item Council District Beach Location 2661 Virginia Beach Boulevard 2 , i-, v ,-?, -,,,,,, -. 7', i l I � a to S Conditional Use Permit(Motor Vehicle Sales) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval r. , \ !: - ig . • Propose to modify existing Conditional Use Permit for - Motor Vehicle Sales to construct a 1,400 square foot - r r pre-fabricated,white metal structure III i • Building for detailing of vehicles only,no auto repair of Y ;1 "-. ty'any kind proposed ,w, ,.w...._ RHK Properties,LLC Item 2 January 7, 2020 12 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Beach Spirits, LLC Item Council District Beach Location 981 Laskin Road 3 ,..\ r r-A ,,, , , , , -s - 5 410.,'A 7%.1:11:03 \ it s: i�!A 1 Conditional Use Permit(Craft Distillery) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval t C 68 PARKING_ , i -- SPACES iV ><k .. , _ • Applicant requesting a Conditional Use Permit to operate a Craft Distillery along Laskin Road at the oceanfront • Building to contain distillery,a tasting room and limited retail space • No food trucks or food service proposed Beach Spirits,LLC tern 3 January 7, 2020 13 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Pembroke Square Associates, LLC Item Council District Bayside Location 4554 Virginia Beach Boulevard 4 \ / ,.. , ...._. .„, • 1. t. 'it r " W . Cep' T0.z' iXJL /i jJ G" i 1 _ I E J , . 2:_:„.., u -WYY��lRb� 1 _. ,•,�,� c c e j f1 ~ Conditional Use Permit(Indoor Recreational Facility) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval Pembroke Mall 'i il';' • Request a Conditional Use Permit for an Indoor Recreation Proposed Addition Facility for a rock climbing business I / • Building addition to south side of Pembroke Mall• Facility to include rock walls,a fitness area with cardio and -i workout equipment,and a yoga and fitness room '- 5 I g f Existing Parking Lot :....:___:IL_ I I I Virginia Beach Boulevard i. Pembroke Square Associates,LLC Item 4 January 7, 2020 14 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) New Life Tabernacle Of Virginia Beach, Inc. Item Council District Rose Hall Location 3157 Shipps Corner Road 5 rc 2 ! / \fir`J e.: eaz — / 14 rays Conditional Use Permit(Religious Use) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval P.L. - '-- - 3157 3169 45 it 45 PARKING i i'PARKING I SPACES'. I I til SPACES I • Expansion of existing Religious Use above I EXISTING 1 1I 4,000 square feet requires a Conditional Use CHURCH Permit (3,744 SF) • Currently operating by-right,expansion to PROPOSED 6,200 square feet for congregation,office EXPANSION and classroom space (2,496 SF) • Parking to be shared with adjacent property SNIFFS CORNER ROAD via shared parking agreement New Life Tabernacle of Virginia Beach,Inc. Item 5 January 7, 2020 '5 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) RAW Enterprises, Inc. Item Council District Princess Anne Location 2601 Princess Anne Road 6 _ , „ „, ,, ,..., AP] es.n moo. r ,. // Conditional Rezoning(Conditional B-2 Community Business District to Conditional A-18 Apartment District) Staff recommends Approval Planning Commission voted 5 to 0,with 1 Abstention,to recommend Approval • Proposal o townhouse units on site property ope tylocated�nditional Princess Anne 8 for up to 37 Princess Anne Road Courthouse Historic&Cultural District ) ) ) ) 47:21.1 • Historical Review Board issued Certificate of Appropriateness '�t3-- —^+y .. i r--I • TA/I7A CAC briefed on proposal,revisions reflect �- recommendations l' i I'i,- � - {{{ • i • Consistent with Comp Plan and AICUZ,as in lowest noise zone li )-, ; `D'�",'`))) R 71 Existing Y ii -- 7-Eleven , i l l i i I I I t _ .E 2 RAW Enterprises,Inc. Item 5 January 7, 2020 16 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Cellco Partnership d/b/a Verizon Wireless Item Council District Princess Anne Location 2313 Treesong Trail 7 , ...._ , —,./.77,-.,, ' i ......., , ..... , / , \ ,........., 4, JI t, __ ,......, e„.\ RAS / ..,\14., , if .1, \\ 'S Conditional Use Permit(Communication Tower) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval ----e:— tf t, fli I. n v75' ( p w / �e Z-/ / t.w Mea _ �/ � • • Request a Conditional Use Permit for a 110-foot oc�' �;^� u tall Communication Tower 'e'e ` cj' c� " c x17- -0 • 2018 proffered plan depicted area set aside for . cell tower "l- Y ' Pdi ..»,.2. J • Tower designed to accommodate up 2 additional �rers G„e ._ providers for collocation of equipment Cellco Partnership d/b/a Verizon Wireless ',Der 7 January 7, 2020 17 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Mr. Landfair turned the presentation over to Mr. Kemp to provide an overview of Planning Items 8-15, Short Term Rental Conditional Use Permits: SHORT TERM RENTAL CONDITIONAL USE PERMITS Items 8-15 • All Recommended for Approval by Staff&Planning Commission on Consent Agenda • No known opposition,but 1 speaker who cautioned concentration of STRs in Old Beach Overlay District 8. CEBT Properties,LLC—402B 27th Street,Beach District 9. CEBT Properties,LLC— 317 26th 4 Street,Beach District 10.CEBT Properties,LLC—320 27th Street,Beach District 11.CEBT Properties,LLC—320 26th'A Street,Beach District 12.CEBT Properties,LLC—617 23rd Street,Unit 1,Beach District 13.CEBT Properties,LLC—617 23'd Street,Unit 5,Beach District 14.C and C Development Company—2416 Arctic Avenue,Beach District 15.C and C Development Company—403 25th Street,Beach District CEBT Properties, LLC Item Council District Beach Location 402B 27th Street 8 *t.SA 1%, A.11 12.53 1_, X A.12 A-11 Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval January 7, 2020 18 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) ( N. `� as it 0 .'1 •t.. i i CD Ilikl WI" 1 f tq `i Garage • 3-bedroom single-family dwelling on property zoned A-12 i} i space • Apartment District(Old Beach Overlay) t . E:a...: I Driveway 3 parking spaces required and provided,including 1 in the garage PRI% 2 spaces -- »u SUM CEBT Properties,LLC Item 8 CEBT Properties, LLC Item Council District Beach Location 317 26`h%2 Street 9 , , r Rae f a>wa'•A\:\ oR. f -- As 5 -!, F? j /�/�j, 41* 44 ---\ \-- t ' I� iIiI 1 \ 3A Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval January 7, 2020 19 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) { 26TM X STREET - _ IIt. " !t t` PROPOSED 3. �._ , �\ t Si' fi P PARKING i_i IT i Mtn _ ` -"illirlIBIl•••'-' d '• .gt, - - -,. : -' Z Il . a '} m ;, ;yt p • 2 single-family dwellings exist on property zoned ' A-12 Apartment District(Old Beach Overlay) , M it r Q tI • 1,3-bedroom single-family dwelling requests i j ' , r.� Conditional Use Permit for Short Term Rental ; � E 26T"STREET ' • 3 parking spaces required and provided,including + t.,, - 1 in the garage CEBT Properties,LLC item 9 CEBT Properties, LLC Items Council District Beach 10 & 11 Location 320 27th Street&320 26 Y::Street \ + r.f _ \ OR 4 J6 \ OR R-35 lY - 5. / -- . _-- _/ sip•• _ OR 1. to�.r At1, ':'EA.; J R.55 OR ���ii ,1 A11 ,i Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval January 7, 2020 20 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) 1 u,'klirt , '' Parking z ` - f iiii lki ell.. Ts �� - `�- g . , t 2-1 wo.' , „ t E spy ^ i[ t • 2,3-bedroom single-family dwellings on property zoned a Parking G Ast A-12 Apartment District(Old Beach Overlay) s �. : • Both units requesting Conditional Use Permit for Short } Term Rental - " `N it$ K le • 3 parking spaces required per unit,3 parking spaces -5 3, �i provided per unit,including use of garages fNIO 1, '' - *! !;,a; -.- ' CEBT Properties,LLC Items 10&11 CEBT Properties, LLC Items Council District:Beach 12 & 13 Location:617 23'd Street,Units 1&5 7 �; �f s aso 1 ass nas a - Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval January 7, 2020 21 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) s, 20'alley II 1 b- Parking L Spaces pin of ' 27 2 2 2 i ,'eA r<r g ?y��t'L'r _- Parking Parking Parking (m Spaces Spaces i Spaces o'D1'2 or m i 29 i i I _ i j l • 5,1-bedroom apartments on property zoned R5-S Residential - District(Old Beach Overlay) - --- Existing5,1-bedroom III Apartments• Existing building straddles property line Propose z FMu l_ • 2,1-bedroom apartments requesting Conditional Use Permit ,.. for Short Term Rental an, e.....-..„.. T MOT • 8 parking spaces exist per nonconforming situation(10 spaces 23rd ,-- currently required for 5 units),STR parking requirement met CEBT Properties,LLC Items 12&13 C and C Development Company Item Council District Beach 14 Location 2416 Arctic Avenue A.12 , , -#.0 . A.le NOIIIOIIO O.."' iWI ,:•� \ t, A,2 on , _ �-� • 1 idllk RfD fM'0 Y \ A.:2—\ A.,2 '>. 1 A.36 A31 Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval January 7, 2020 22 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) t------ • p' ALLEY (e'sr:F, uirra.n, ti Edtt{ng I Shed r ow -re-mo .Ii ILA `,� /a / R ft.W co $ Prop9pd sTR g,k„:5,, ^ . k wm 71 uc� M say. _ x �>am�ie te • 3-bedroom single-family dwelling on property ; .:3 - zoned A-12 Apartment District(Old Beach Parking 4. Overlay) t.2 Spaces a h • Request Conditional Use Permit for Short Term ` ` `0A� �—• O0 • Rental _ , -- ' m«- ARCTIC AVENGE • 3 parking spaces required and provided r s s C and C Development Company Item 14 C and C Development Company Item Council District Beach Location 403 25th Street 15 ______, f r."' - ' 1__t A.z Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 6 to 0 to recommend Approval January 7, 2020 23 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) rpii i ;aii - _ -25th X Street ' i .T M a r ... yl�. e 4 r tr i , .b-=3 r • 2 single-family dwellings on property zoned A-12 11 4 y Apartment District(Old Beach Overlay) s,'i� �, s -Parking j 1i Spaces Si • 1,4-bedroom single-family dwelling requesting I oii Conditional Use Permit for Short Term Rental ,' `• -at - `•. T• 4 parking spaces required and provided 25th Street C and C Development Company Item 15 Mr. Kemp turned the presentation over to Mr. Landfair to provide fifteen (15) Planning Items scheduled for January 21s`: SUMMARY — January 21st 15 Planning items scheduled for City Council's consideration 1. Kim Smith-Lynnhaven District • Conditional Use Permit(Tattoo Parlor) • Recommended for Approval by Planning Commission&Staff °""°`"'•' 2. Baillio Sand Company,Inc-Princess Anne District :.w.m..v.... • Modification of Conditions(Borrow Pit) `0 sOaisir 1h°°"'"`� .,w...... • Recommended for Approval by Planning Commission&Staff • v.�+,'p•,t. ' ••' �0 gqq O b `.. 3. Hannah&Hamilton Gubanc-Kempsville District -i` ��+I.Iw.�µe.r w.ss.r..c ue • Street Closure // 1 w uerrrm -r" 1. .r.....q.r..�w. • Recommended for Approval by Planning Commission&Staff ` .. • , 4. VAB 23rd Street,LLC-Beach District .3., wmono alw o . °i•" 1 • Alternative Compliance �+o-'' L i `� • Recommended for Approval by Planning Commission&Staff F > i. 5. Noureddine Houssni-Bayside District s ..., a non.s.. �"'•., • Conditional Use Permit(Automotive Repair Garage) 1. `-`� • Recommended for Approval by Planning Commission&Staff - f'', January 7, 2020 24 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) SUMMARY — January 21st 15 Planning items scheduled for City Council's consideration 6.&7.Back Bay Wildfowl Guild T/A Atlantic Wildfowl Heritage Museum—Beach District J{��� �`\ • Conditional Use Permit(Assembly Use) •`'`.`y/ '4 • Modification of Conditions(Open Air Market) • Recommended for Approval by Planning Commission&Staff 01"'"1 . 4•. Homy Pr•ww ur ' oaro, 8.Christopher J.Ocampo—Rose Hall District �„sy,,,' ..•,•.M v • Conditional Use Permit(Automotive Repair Garage) € `9 �" • Recommended for Approval by Planning Commission&Staff € J�i�''01`"r+e1°'� °••"•°'^n•� fff : y1.a r.rcr a.r w�aow ca.c9.Ocean Rental Properties,LLC—Kempsville District •,i e n w.,, • Subdivision Variance(Section 4.4(d)of the Subdivision • *` t Regulations) :...•xmapp "` ,,• 7 • Recommended for Approval by Planning Commission&Staff s •a yy' t ,,.•a+r.• •v,ro• awr•nn.r•.Ocampo 10.Greg McMakin—Lynn haven District £ '.°'d • Conditional Use Permit(Bulk Storage Yard) s 'a A�aamea••nwra �'•'•o • Recommended for Approval by Planning Commission&Staff 1 s„,,,,e a 11.Scott Koehler—Bayside District .';;;L.w° 11•1•ro ,, • Conditional Use Permit(Short Term Rental) \ • • Recommended for Approval by Planning Commission&Staff SUMMARY — January 21st 15 Planning items scheduled for City Council's consideration 12.Armando&Patricia Ellis-Centerville District _ /- ----\ • Conditional Use Permit(Short Term Rental) cr� : •f°" . • Recommended for Approval by Planning Commission&Staff \ '� 777 awwaana xaew 13.John H.Davis-Beach District •,,-, O••• •'•"Properties, .4' • Conditional Use Permit(Short Term Rental) •w •� xn • Recommended for Approval by Planning Commission&Staff ), '�F an .s \, 14.Joshua Li oldt € U t' v..aaeeru.LK PP -Beach District L� „ .�+o waaaar,nrvv` f ar.Mak Pay orawn awa • Conditional Use Permit(Short Term Rental) a } • Recommended for Approval by Planning Commission&Staff - 1•as a•a•x.awls a xawwaxa.ne„oar•s • 15.City of Virginia Beach `,,, ) "m�y� < - i • An ordinance to amend sections 233.1,901,and 2003 { ` * , pertaining to eating and drinking establishments in the 64-K j •+ma's •...`h. .,tia`eawwm l Lp"'•e0'\ i, Historic Kem 'psville s • • y \ ,.'�, • Recommended for Approval • u..MM..II aws r>•w 1. / A`,., January 7, 2020 25 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Kim Smith Item Council District Lynnhaven Location 1440 N Great Neck Road,Suite D T Conditional Use Permit(Tattoo Parlor) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval I llt 1 Flowers tAB i Ill i sr 6 ter; _ • Request for a Conditional Use Permit for a Tattoo Parlor for application of permanent makeup,known as microblading • Proposed to occupy a single room within a proposed 1,900 square foot salon along N.Great Neck Road • No exterior changes proposed to the building or to the existing signage Kim Smith Item 1 January 7, 2020 26 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Baillio Sand Company, Inc. Item Council District Kempsville 2 Location West side of Princess Anne Lane,299.70 feet west of the intersection of Princess Anne Lane&Princess Anne Road r .� tiyy'orba, J/ i41 -. to, - Mgr y ° R s w i� Y. /,/� as �¢ � puma AGi i Potir.t i, V I1u 2�'• ` AG'b j. I iF.". Modification of Conditions Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval • Proposed 5-year extension of time for excavation and restoration Proposed Borrow Pit �e:e- MOD-Extension of Time ..-i--__ � 1-- 1 • Timeframe associated with removal of ) _--. .. material not as initially expected Existing 38,Ire Barrow Pk • No objection from Virginia Department of Mines,Minerals and Energy • All conditions from 2005 Modification of m Conditions remain in place "" k ' iR7 4� %e .rt._ '' // d ve . — -^•_.r..._-n I? �r i. S Baillio Sand Company,Inc. Item 2 January 7, 2020 27 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Hannah & Hamilton Gubonc Item Council District Kempsville Location Adjacent to 770 Woodstock Road 3 ......... _ , i , , , 1 . _,,,_ ._, t _ ......_ i , 1 { RAC 7 Street Closure Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval - i•"-- +/,`J e 30 Utility Easement �� -. x 1 yr r, z €!' _ r. o in / � a+ Do 5'Drainage& - .Zit----:— �1 �.- - ,• ` Utility Easement • wa®.r. -r—.-. L- • Proposal to close a portion of the platted unimproved right-of-way/cul-de-sac and incorporate adjacent residential lot at 770 Woodstock Road • Granting closure decreases degree of nonconformity with side yard setback • Conditions recommended include establishment of public utility easement for sewer line in area,and for possible private water line Hannah&Hamilton Gubanc l,em 3 January 7, 2020 28 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) VAB 23rd Street, LLC Item Council District Beach Location 305,309,31123rd Street 4 Alternative Compliance Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval • II - I I liIjI • " 101 kit • Request for Alternative Compliance for a Commercial Parking Lot • 2010 CUP permitted a parking lot,but never constructed • 58 parking spaces proposed:40 as commercial parking lot,18 for Ocean's 24 Hotel • On site attendant,planting material installed on 3 sides,5 new metered spaces VAB 23rd Street,LLC Item z January 7, 2020 29 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Noureddine Houssni Item Council District Bayside Location 5900 Thurston Avenue,Suite G 5 Conditional Use Permit(Automotive Repair Garage) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval ♦��an 4wr'w� ` • • • Application for a Conditional Use Permit for Auto Repair Garage in Airport Industrial Park • Applicant unaware of need for Conditional Use Permit for engine and transmission work • Vehicles sold off site from lot owned by applicant Noureddine Houssni Item 5 January 7, 2020 30 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Back Bay Wildfowl Guild Items Council District Beach 6 & 7 Location 1113 Atlantic Avenue v A` t \ tt 7 1 Conditional Use Permit(Assembly Use) Modification of Conditions(Open-Air Market) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval INN . --- t tsonzuwnu - s:ws.. [�. {�at• ,N _x y:1v4X3_/. TENT AREA • CUP for Assembly Use&CUP for Open-Air L c t Market for events at City-owned property '-VI WOO T* uu _ • Atlantic Heritage Wildfowl Museum to host up to 10 events per year with food truck + c iti,.. , ,,i • Space provided for temporary tents set up. iiiC: staging,restroom and food truck area • Parking provided in City lots,commercial lots, and through hotel use Back Bay Wildfowl Guild Items 6&7 January 7, 2020 31 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Christopher J. Ocampo Item Council District:Rose Hall Location: 2505 Horse Pasture Road,Suite 101 8 ,,.. •.,,,-- , / _ j7) II....... N. _. „,.„, , - - .... .....,___ „. ,,; ^may\[`\�.. _. 0.......... R0 Conditional Use Permit(Automotive Repair Garage) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval ArroROABL'. w 1® '!I L V............_ I i-11111 a � i dimmi _. , _ • Application for a Conditional Use Permit for Auto Repair Garage In Oceana South Industrial Park • Applicant unaware of need for Conditional Use Permit for auto body work,spot painting,etc. • Located in 70—75 dB Ldn noise zone,impacted by Navy Restrictive Easement Christopher J.Ocampo Item 8 January 7, 2020 32 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Ocean Rental Properties, LLC lten, Council District Kempsville Location 5568 Shell Road 9 P' � 1 \ Subdivision Variance(Section 4.4(d)of the Subdivision Regulations) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval • Proposal to subdivide existing 22,120 square foot parcel into 3 lots • Subdivision Variance requested for 2 lots(Lots 1B&1C)to lot width, no direct access to public street Lot 1C • Similar to pattern of development along private drive(Duncan Lane),created in 1948 Lot 1B Lot lA I Shell Road E A ;. .} Ocean Rental Properties,LLC Item 9 January 7, 2020 33 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Greg McMakin Item Council District Lynnhaven �O Location 4145 Virginia Beach Boulevard —.11, Sult/h) iiiieft:41"ittit 64 ) h ....... 147 ill f/ Kw.,m - if/6z riL. ' i .II=dfl lie,,k,...._ i17.4"f.:'''':' ,' I/ / R 50- arail r ) I ONSI,> 1-I 1 Conditional Use Permit(Bulk Storage Yard) Staff recommends Approval Planning Commission voted 8 to 0,with 1 abstention,to recommend Approval V, NI r -.1 U .rY II.I..y... xepl, ,:- i .... 'two' it OM.. I.m•frry • Operating since 2009,Applicant unaware of need for Conditional Use Permit for Bulk Storage Yard • Request to store equipment associated with tree removal business • Working to remove hardscape and combustible materials from site • Approval limited to 2 years Greg McMakin tem 10 January 7, 2020 34 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) Mr. Landfair turned the presentation over to Mr. Kemp to provide an overview of Planning Items 11-14, Short Term Rental Conditional Use Permits: SHORT TERM RENTAL CONDITIONAL USE PERMITS Items 11-14 • Recommended for Approval by Staff&Planning Commission(12-14 on Consent Agenda) • Item 11 had 1 speaker in opposition noting concerns related to noise,behavior 11. Scott Koehler,2513 Beaufort Avenue,Bayside District 12. Armando&Patricia Ellis,901 Parking Land Court,Centerville District 13. John H.Davis,1434 Gannet Run,Beach District 14. Joshua Lippoldt,2508 Mediterranean Avenue,Beach District Scott Koehler Item Council District:Bayside 11 Location: 2513 Beaufort Avenue a1R � b • Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval January 7, 2020 35 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) M115a'E =mow aaa r00• ¢Ya; C RIM( u�, -- arum ' '! ux. Hsu qxr ," •f .,.�i I ..)i ci33:.3 } • three anske parking spaces (each 9'x18) 1 2 LOTS -- • 3-bedroom single-family dwelling on 3 property zoned R-7.5 Residential District aY m' • (Shore Drive Overlay) 9 225er N��..,,NA(E sraucn�aE • T • 3 parking spaces required and provided BEAUFORT AVEM E Scott Koehler Item 11 Armando & Patricia Ellis Item Council District Centerville Location 901 Parking Land Court 12 2 "/ 0,„ _.„.• • •„_.• / , , , ,•••, „. Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval January 7, 2020 36 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) 3a _A� "�; t.: r ..w a...---,cot 5� A ,,, "T wT se mn vllk F' I NM ��sifj .> > i. 1„ I a pp ..- -- Lot 5Y I 1 ' G r_ 1 S OW 1; 1 g ' 1 ,.. OS;Mt ISM----4 lz I � �i I.w C�,� .s • 4-bedroom single-family dwelling on property zoned "' +'. y. Iti /; PD-H2 Planned Unit Development(R-10 Residential) ray. ` a • 4 parking spaces required and provided,including 1 in the garage and 1 partially in the right-of-way Armando&Patricia Ellis Item 12 John H. Davis Item Council District Beach Location 1434 Gannet Run 13 . -,; - , .:.<,,,, ,.., ,, -,,,, ,,ff[:',10:,1 r:_.',' yet IUD 0J-t41 'A. r rr C> z . n Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval January 7, 2020 37 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) ftetr „ nr. • ,7 i is zi *1 j p„hu.,d,.;Se GANNET d W"Ae� W RUN 2 c�5 • 1-bedroom townhouse on property zoned A-12 Apartment District • 1 parking space required and 2 provided John H.Davis Item 13 Joshua Lippoldt Item Council District Beach 14 Location 2508 Mediterranean Avenue C 3�( i y r� V 1 Conditional Use Permit(Short Term Rental) Staff recommends Approval Planning Commission voted 9 to 0 to recommend Approval January 7, 2020 38 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#69900 (Continued) 1 Tii L „ .. ,,„..__., :,.., _ Nye , y t k ', I =.cL 0 0 .,.,,rrf f1l 'Y 11t • 3-bedroom single-family dwelling on property zoned R-5S Residential District(Old Beach Overlay) • 3 parking spaces required and provided Joshua Lippoldt Item 14 Mr. Kemp turned the presentation over to Mr. Landfair: City of Virginia Beach Item 15 An ordinance to amend sections 233.1,901,and 2003 pertaining to eating and drinking establishments in the B4-K Historic Kempsville District Scheduled for Planning Commission review January 8th Mayor Dyer expressed his appreciation to Mr. Landfair and Mr. Kemp for the presentation. January 7, 2020 39 CITY COUNCIL LIAISON REPORTS ITEM#69901 3:40 P.M. There were no City Council Liaison Reports. January 7, 2020 40 CITY COUNCIL COMMENTS ITEM#69902 3:40 P.M. Council Member Abbott advised she met with a large number of constituents from Building 2 who raised concerns City's worker's compensation process, specifically, the timeliness of payments/reimbursements. Council Member Abbott requested to have a briefing from the Risk Management Department on the process and expectations. January 7, 2020 41 CITY COUNCIL COMMENTS ITEM#69903 (Continued) Council Member Wooten advised she would like to have a discussion added to the Agenda regarding the proposed safety measures planned for City buildings. Council Member Wooten advised she has received inquiries regarding the Mayor Dyer's letter to the General Assembly dated December 20, 2019. She expressed concerns as she was not aware of such letter. City Manager Leahy advised the letter was sent out in response to a letter from Delegation asking if the City buildings being renovated will include the newest security measures. City Manager Leahy advised the response confirmed City Council would be incorporating the best security measures. Mayor Dyer advised the letter was received during the break in December and he wanted to provide an immediate response. Council Member Wooten requested to be informed of correspondence that is sent out on behalf of City Council. Vice Mayor Wood advised due to the sensitivity of the security measures being considered, he would like to have guidance from the City Attorney on what should be discussed in an open meeting. Mayor Dyer advised he will provide an update on future recommendations at the January 14, 2020, City Council Workshop. January 7, 2020 42 CITY COUNCIL COMMENTS ITEM#69904 (Continued) Council Member Henley advised City Council adopted a Resolution directing the City Manager to provide a report on the evaluation of security within City's buildings. Council Member Henley advised the evaluation should include all City buildings and not just the buildings being renovated and include input from City employees who work in the buildings. City Manager Leahy advised he is in the process of providing an analysis on each of the 58 recommendations from the Independent Investigation Report and expects to present that report to City Council by the end of February 2020. Council Member Henley advised the Commonwealth is conducting an investigation into the recommendations proposed and what has been implemented, advising while there is not a set date for the City Manager's report, it is important to allow time for City Council to discuss. January 7, 2020 43 CITY COUNCIL COMMENTS ITEM#69905 (Continued) Council Member Henley advised City Council will be briefed on the status of the homelessness issue next week and suggested City Council Members schedule time to conduct a tour of the Housing Resource Center prior to the brief to have a good understanding of the Housing Resource Center's operation and experiences. January 7, 2020 44 CITY COUNCIL COMMENTS ITEM#69906 (Continued) Council Member Wilson advised she went to Richmond on January 3, 2020, to attend the State Broadband Advisory Council meeting. Council Member Wilson advised the federal government will contribute $9- Billion to expand broadband with a portion going to Virginia. Council Member Wilson advised a portion of the money from the state will go towards providing broadband services to agricultural areas and requested Council Members let her know if there is anyone interested in applying for the funding. January 7, 2020 45 CITY COUNCIL COMMENTS ITEM#69907 (Continued) Council Member Wilson advised the Supreme Court made a ruling which relates to the Ordinance recently deferred concerning tents on the beach, and suggested Council Members review the ruling and discuss places the homeless could live within the City if they do not want to use the homeless resources the City offers. Mayor Dyer agrees this is a necessary discussion and would suggest including the concern of panhandling. January 7, 2020 46 CITY COUNCIL COMMENTS ITEM#69908 (Continued) Council Member Henley advised she is currently reading the Sea Level Wise Report recently distributed and wanted to compliment the staff for all of their work in putting it together. January 7, 2020 47 CITY COUNCIL COMMENTS ITEM#69909 (Continued) Council Member Wooten advised City Council will be voting on the Resolution regarding the Ignite Business Series and asked if there were any questions. Council Member Henley asked if the Ignite Business Series is in conjunction with or in addition to the work being done by Economic Development. Council Member Wooten advised it is in addition to their work. Council Member Berlucchi advised he would like to have a standard policy written to provide guidance on conducting City Council Sponsored Events. Council Member Abbott suggested including the use of social media. January 7, 2020 48 AGENDA REVIEW SESSION ITEM#69910 4:04 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Section: a. 10-1 to Change in Polling location re Rudee Precinct to W.T. Cooke Elementary School b. 35-35to revise the filing deadline from September 30`h to August 30th re Equalization of Assessments 2. Ordinance to DECLARE a 961±square feet portion of the 100'strip boundary surrounding Lake Bradford(adjacent to 4965 Athens Boulevard) to be in EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to Frederick C.Karam 3. Resolutions to SUPPLEMENT the City's 2020 Legislative Agenda (Deferred from December 10, 2019): a. CHANGE the public notice requirements re Planning Commission meetings(Requested by Mayor Dyer) b. AMEND the State Code re temporary detention orders(Requested by Vice Mayor Wood) 4. Ordinance to AUTHORIZE and ADOPT a Revised City Council Policy re Time Limits for Speakers at City Council Meetings(Requested by Mayor Dyer and Vice Mayor Wood) 5. Ordinance to AUTHORIZE and ADOPT a City Council Policy re Council Member sponsored forums and events(Deferred from October 15, 2019)—Requested by Mayor Dyer and Vice Mayor Wood 6. Resolution to SUPPORT the Ignite Seminar Series and Disparity Forum and TRANSFER $3,000 from Opportunity Grant line of Non-Departmental Budget to Municipal Council re offset expenses(Deferred from October 15, 2019)—Requested by Council Member Wooten 7. Resolution to CREATE an In House Pharmacy Exploratory Committee re study for implementing an in-house pharmacy program for City and Public School employees 8. Resolution to ESTABLISH Endurance Medical Transport,LLC and AUTHORIZE an annual EMS Permit re private ambulance service 9. Ordinance to AUTHORIZE and ACCEPT a Dedication of Easements re Lynnhaven Parkway Corridor Improvements Project(CIP 9-028) 10. Ordinance to AUTHORIZE a temporary encroachment into a portion of a City-owned Utility Easement at 582 Lynnhaven Parkway re lighted sign January 7, 2020 49 AGENDA REVIEW SESSION ITEM#69910 (Continued) 11. Ordinances to ACCEPT and APPROPRLATE: a. $63,250 from the Virginia Department of Social Services to the FY2019-20 Human Services Operating Budget re activities associated with Kinship Navigator Program b. $152,895 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2019-20 Human Services Operating Budget and ESTABLISH two (2) full-time and one (1)part-time position re STEP-VA Outpatient Behavioral Health Services Program c. $130,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2019-20 Human Services Operating Budget and ESTABLISH one(1) full-time position re Medication Assisted Treatment Program at the Pathways Center 12. Ordinance to ACCEPT$28,114 from the Department of Criminal Justice Services to the FY2019-20 Human Services Operating Budget and APPROPRIATE$1,959 to Human Services' Community Corrections and Pretrial Services Division re staff training and development 13. Resolution to SUPPORT a Bill re allow Localities to prohibit the carrying of firearms in governmental buildings(Deferred from June 18, 2019)—Requested by Council Members Tower and Wooten L ORDINANCES/RESOLUTIONS: ITEM#3b WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY January 7, 2020 50 AGENDA REVIEW SESSION ITEM#69910 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. RHKPROPERTIES,LLC for Modification of Conditions re motor vehicle sales at 2661 Virginia Beach Boulevard(Approved May 1966)DISTRICT 6—BEACH 2. RAW ENTERPRISES, INC./COURTHOUSE OUTPARCEL A-1-B-2, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment District at 2601 Princess Anne Road re thirty-seven (37) residential units DISTRICT 7—PRINCESS ANNE 3. HR VB BOULEVARD, LLC/COLLINS SQUARE ASSOCIATES, LP for a Conditional Use Permit re indoor recreational facility at 4001 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN 4. BEACH SPIRITS,LLC/PHI MU, LLC for a Conditional Use Permit re craft distillery at 981 Laskin Road DISTRICT 6—BEACH 5. PEMBROKE SQUAREASSOCLATES,LLC for a Conditional Use Permit re indoor recreational facility at 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE 6. NEW LIFE TABERNACLE OF VIRGINIA BEACH, INC.for a Conditional Use Permit re religious use at 3157 Shipps Corner Road, Suites 101 & 104 DISTRICT 3—ROSE HALL 7. CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS / JOHN S., JR & KAREN S. WALLER for a Conditional Use Permit re communication tower at 2313 Treesong Trail DISTRICT 7—PRINCESS ANNE 8. CEBT PROPERTIES, LLC/VB HOMES DESIGN BUILD, LLC for Conditional Use Permits re short-term rentals at: a. 402B 27th Street b. 317 26'/z Street c. 320 27th Street& 320 26%z Street d. 617 23rd Street, Unit 1 & Unit 5 DISTRICT 6—BEACH 9. CAND C DEVELOPMENT COMPANY for Conditional Use Permits re short-term rentals at: a. 2416 Arctic Avenue b. 403 25th Street DISTRICT 6—BEACH January 7, 2020 51 AGENDA REVIEW SESSION ITEM#69910 (Continued) J. PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#8a WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4,2020 ITEM#8b WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4,2020 ITEM#8c WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4,2020 ITEM#8d WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4,2020 ITEM#9a WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4,2020 ITEM#9b WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4,2020 January 7, 2020 52 ITEM#69911 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). • Kempsville District PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning the a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business's or industry's interest in locating or expanding its facilities in the community pursuant to Section 2.2-3711(A)(5) • Bayside 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- 3 7 1 1(A)(7) • Impact of 9th Circuit case:Martin v. City of Boise 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 January 7, 2020 53 ITEM#69911 (Continued) Upon motion by Council Member Wilson, seconded by Council Member Wooten, City Council voted to proceed into CLOSED SESSION at 4:10 P.M. Voting: 9-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,Aaron R.Rouse,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss —Arrived after recess into Closed Session Guy K. Tower — Out of the country on family vacation Break 4:10 P.M. —4:22 P.M. Closed Session 4:25 P.M. —5:57 P.M. January 7, 2020 54 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JANUARY 7, 2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,January 7, 2020, at 6:00 P.M. Council Members Present: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower -Family Vacation INVOCATION: Chaplain James F. Creamer Virginia Beach Police Department, 3rd Precinct 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'), who's Oceanfront Office is located at 303 34`"Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018, is hereby made part of the record. January 7, 2020 55 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. January 7, 2020 56 ITEM— VI-E CERTIFICATION ITEM#69912 Upon motion by Council Member Wilson,seconded by Council Member Abbott, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 r1N�''Bo �. ri�, G�►-- 9, i t ,., y� b R S OUR NRS�O� RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#69911 Page 53 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. li IA man.aB? es, MMC City Clerk January 7, 2020 57 ITEM-VLG MINUTES ITEM#69913 Upon motion by Vice Mayor Wood, seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of December 10,2019 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 58 ITEM— VLG.1 PUBLIC HEARINGS ITEM#69914 Mayor Dyer DECLARED a PUBLIC HEARING: POLLING PLACE CHANGE Rudee Precinct to W. T. Cooke Elementary School There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 7, 2020 59 ITEM— VLG.2 PUBLIC HEARINGS ITEM#69915 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS CITY PROPERTY 961±square feet portion of the 100'-strip boundary surrounding Lake Bradford (adjacent to 4965 Athens Boulevard) There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING January 7, 2020 60 ITEM— VLH. FORMAL SESSION AGENDA ITEM#69916 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council APPROVED, BY CONSENT, Agenda Items Ordinances/Resolutions I: la/b, 2, 3a, 5, 7, 8, 9, 10, 1la/b/c, and 12 and Planning Items J:1,3,4,5,6, 7,8a/b/c/d(DEFERRED TO FEBRUARY4,2020)and 9a/b(DEFERRED TO FEBRUARY 4, 2020) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower L ORDINANCES/RESOLUTIONS: ITEM#3b WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY J. PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#8a WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4, 2020 ITEM#8b WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4, 2020 ITEM#8c WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4, 2020 ITEM#8d WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4, 2020 ITEM#9a WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4, 2020 ITEM#9b WILL BE CONSIDERED FOR DEFERRAL TO FEBRUARY 4, 2020 January 7, 2020 61 ITEM— VLI.la ORDINANCES/RESOLUTIONS ITEM#69917 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: a. 10-1 to Change in Polling location re Rudee Precinct to W.T. Cooke Elementary School Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION FOR THE 3 RUDEE PRECINCT 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their 14 respective polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Plaza Annex 29 Buckner Green Run Baptist Church 30 Cape Henry Research and Enlightenment Building (Edgar 31 Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 Chimney Hill Rosemont Elementary School 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Kellam High School 41 Creeds Oak Grove Baptist Church 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Dam Neck Corporate Landing Elementary School 46 Davis Corner Bettie F. Williams Elementary School 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Middle School 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Wave Church 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest New Castle Elementary School 57 Holland Holland Elementary School 58 Homestead Providence Presbyterian Church 59 Hunt Princess Anne Recreation Center 60 Independence Water's Edge Church 61 Indian Lakes Indian Lakes Elementary School 62 Indian River San Lorenzo Spiritual Center 63 Kings Grant St. Nicholas Catholic Church 64 Kingston King's Grant Presbyterian Church 65 Lake Christopher New Covenant Presbyterian Church 66 Lake Joyce Morning Star Baptist Church 67 Lake Smith Bayside Church of Christ 68 Landstown Landstown Community Church 69 Larkspur St. Andrews United Methodist Church 70 Lexington Larkspur Middle School 71 Linkhorn Virginia Beach Community Chapel 72 Little Neck Lynnhaven United Methodist Church 73 London Bridge London Bridge Baptist Church 74 Lynnhaven Cape Henry Church 75 Magic Hollow Virginia Beach Moose Family Center 76 Malibu Malibu Elementary School 77 Manor Providence Elementary School 78 Mt. Trashmore Windsor Woods Elementary School 79 Newtown Good Samaritan Episcopal Church 80 North Beach Galilee Episcopal Church 81 North Landing Hope Haven 82 Ocean Lakes Ocean Lakes Elementary School 83 Ocean Park Bayside Community Recreation Center 84 Oceana The Gathering at Scott Memorial United 85 Methodist Church 86 Old Donation Calvary Baptist Church 87 Pembroke Pembroke Elementary School 88 Pinewood Lynnhaven Presbyterian Church 89 Plaza Lynnhaven Elementary School 90 Pleasant Hall Emmanuel Episcopal Church 91 Point O'View Kempsville Church of Christ 92 Red Wing Seatack Elementary 93 Rock Lake Salem Elementary School 94 Rosemont Forest Rosemont Forest Elementary School 95 Roundhill Salem High School 96 Rudee Virginia Beach Volunteer Rescue Squad 97 Building 98 W.T. Cooke Elementary School 99 Salem Woods Parkway Elementary School 100 Sandbridge Tabernacle United Methodist Church 101 Seatack Mount Olive Baptist Church 102 Shannon Church of the Ascension 103 Shelburne Christopher Farms Elementary School 104 Shell Unity Church of Tidewater 105 Shelton Park Shelton Park Elementary 106 Sherry Park St. Matthews Catholic Church 107 Sigma Red Mill Elementary School 108 South Beach Contemporary Art Center of Virginia 109 Stratford Chase Community United Methodist Church 110 Strawbridge Strawbridge Elementary School 111 Tallwood Tallwood Elementary School 112 Thalia Thalia Elementary School 113 Thoroughgood Independence Middle School 114 Timberlake White Oaks Elementary School 115 Trantwood Great Neck Baptist Church 116 Upton Three Oaks Elementary School 117 Village Thalia Lynn Baptist Church 118 Windsor Oaks Windsor Oaks Elementary School 119 Witchduck Bayside Presbyterian Church 120 Wolfsnare Virginia Beach Christian Life Center 121 Central Absentee Voter Agriculture/Voter Registrar Building 122 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7liclay of January , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE\CY: (pi,±,,,, (--,Q,,,,_ ,/ U Vo er Registrar City Attorne s Office CA14971 R-1 December 16, 2019 62 ITEM— VLI.1b ORDINANCES/RESOLUTIONS ITEM#69918 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: b. 35-35 to revise the filing deadline from September 30th to August 30`h re Equalization of Assessments Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 REQUESTED BY THE BOARD OF EQUALIZATION 1 AN ORDINANCE TO AMEND SECTION 35-35 2 OF THE CITY CODE PERTAINING TO 3 EQUALIZATION OF ASSESSMENTS 4 5 SECTION AMENDED: § 35-35 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 35-35 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-35. Equalization of assessments. 14 15 (a) In order to equalize assessments of real estate annually, the city real estate 16 assessor shall hold hearings between March fifteenth and April thirtieth of each year, or 17 as often as may be necessary as determined by the city real estate assessor, for the 18 purpose of receiving such evidence as may be presented to him by any taxpayer with 19 respect to the inequality of his assessment made during the twelve-month period ending 20 January thirty-first last ensuing. Any taxpayer feeling aggrieved by any such assessment 21 of his property may apply to the city real estate assessor for the equalization thereof on 22 forms provided by the city real estate assessor for that purpose. 23 24 (b) At least fifteen (15) days before the hearings provided for in this section, 25 notice thereof shall be given by publication one time in one of the newspapers having 26 general circulation in the city. Notwithstanding such notice, such hearings may be granted 27 by the city real estate assessor upon appointments. 28 29 (c) After hearing the evidence referred to in subsection (a) above, the city real 30 estate assessor may take such action as he may deem necessary to equalize 31 assessments and shall record the action taken in the land book. Each taxpayer having 32 made application for such hearing and any other taxpayer affected by the action of the 33 city real estate assessor shall be advised of the decision of the city real estate assessor 34 with respect to such assessment. 35 36 (d) The city real estate assessor may authorize persons employed in his office 37 who are competent so to do to hold any hearing referred to in this section, provided the 38 evidence presented or a summary thereof is transmitted to the city real estate assessor 39 for action with respect thereto. 40 41 (e) The board of equalization shall have the powers to revise, correct and 42 amend any assessment of real estate, other than real estate assessable by the state 43 corporation commission. The board shall begin hearing assessment appeals the first 44 Thursday in July of each year. An application for appeal to the board must be received 45 by August September 30 of the year in which the assessment was made. The city real 46 estate assessor shall include this deadline in the notice of assessment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this7thday of January , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City A r s Office CA14976 R-1 December 18, 2019 63 ITEM— VLI.2 ORDINANCES/RESOLUTIONS ITEM#69919 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance DECLARE a 961± square feet portion of the 100'strip boundary surrounding Lake Bradford (adjacent to 4965 Athens Boulevard) to be in EXCESS of the City's needs and AUTHORIZE the City Manager to CONVEY same to Frederick C.Karam Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 1 AN ORDINANCE DECLARING A 961± SQ. FT. 2 PORTION OF THE CITY-OWNED 100'-STRIP 3 AROUND LAKE BRADFORD (GPIN: 1479-38- 4 4812), ADJACENT TO 4965 ATHENS 5 BOULEVARD, TO BE IN EXCESS OF THE 6 CITY'S NEEDS AND AUTHORIZING THE 7 CITY MANAGER TO CONVEY SAME TO 8 FREDERICK C. KARAM 9 10 WHEREAS, the City of Virginia Beach (the "City") acquired Lake Bradford 11 and the 100'-strip around the lake from the City of Norfolk in 1967 (the "City Property"); 12 and 13 14 WHEREAS, Frederick C. Karam ("Karam") is the owner of an improved 15 residential property at 4965 Athens Boulevard adjacent to the City Property; 16 17 WHEREAS, the southwest corner of Karam's single-family home 18 encroaches onto the City Property, creating a title issue and preventing Karam's sale of 19 his property; 20 21 WHEREAS, Karam has proposed to purchase 961± square feet of the City 22 Property (the "Acquisition Area"), as shown on Exhibit "A", attached hereto and 23 incorporated herein, in order to address the boundary issue; 24 25 WHEREAS, Karam will purchase the Acquisition Area in accordance with 26 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 27 28 WHEREAS, the City Council is of the opinion that the Acquisition Area is 29 in excess of the needs of the City of Virginia Beach. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 34 That the 961± square feet of the City Property, as shown on Exhibit "A" is 35 hereby declared to be in excess of the needs of the City of Virginia Beach and that the 36 City Manager is hereby authorized to execute the Agreement of Sale and any other 37 documents necessary to convey the Acquisition Area to Frederick C. Karam, in 38 substantial conformity with the Summary of Terms attached hereto as Exhibit "B", and 39 such other terms, conditions or modifications as may be acceptable to the City Manager 40 and in a form deemed satisfactory by the City Attorney. 41 42 This Ordinance shall be effective from the date of its adoption. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 45 7 t h day of January , 2020. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA14840 R-1 12/18/19 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d018\p033\00610134.doc APPROVED AS TO CONTENT /--(4A. Public Works APPROVED AS TO CONTENT lr''' (Plb Bud et & Management Services APPROVED AS TO LEGAL SUFFICIENCY 1kCity orney' Office EXHIBIT N fa's ___AL_____ 4 �140 it /(k\C'_r. 'p'L TH Opp). 5 R!') .0678 /�ti a ��� g1� i 6.1.., kg Ng '' 15J LOTS 18&19 RIC . ARNER►-i 4:0- P1"R� J9 f • i1 y P. GPIN: 1570-31-7089 Lie. . 2904 (0,50 1�$ \ (M.B. 9, PG.91) e 08/29/2019 A L=B.o S \ k. LOT 20 ‘a d SUB'I'r \ LOT 21 \ �_ F b \ GPIN: 1570-31-7074\ `°a. / wli \ (M.B. 9, PG.91) \. n� N o \ \ / Oc o LOT 22 \ \ / 44 C < O o — cr \\ \ Zhi ,.I, o so \ fin fir: N H� o N \ '�O o vs R=12Z 0' \ 4965 \ S 33'42'47" W z L=65 18' 1 1y2-STORY FRAME \ / 26.11' ^� MATH SIDING `� _ Co \ \ / / APPROXIMATE CURRENT \ PROPERTY LINE AS DELINEATED a �4�*A ..��i���ir�Vd�f• J FROM 3 93' CONTOUR N♦4+��4�����Lfnir *- . APPROXIMATE PROPERTY o1iii &:�:��� � LINE (M.B. 9, PG.91) '‹ S 2521'02` W 5.00'i19.64' S 75'3723" W 16.71 S 86'S5'30` W 71.25' ' AREA OF PROPOSED N 86'55'30` E / EXCESS PROPERTY 10.57' i (961 SO. FT. OR 100 00' NOTES: 0.022 ACRES) 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF NOW OR FORMERLY PROPOSED EXCESS CITY OF VIRGINIA BEACH PROPERTY AND (D.B. 1018, PG. 154) J.93' ELEYA770N INDEPENDENT OF THE (M.B. 9, PG.91) CONTOUR DOCUMENTS) AND IS NOT GPIN: 1479-38-4812 (NAI/D 88) INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. ` 2. A TITLE REPORT HAS NOT , _ _ _ — __ — BEEN PROVIDED FOR THIS 0 30 60 Feet `LAKE BRADFORD PROPERTY. PURCHASE OF EXCESS CITY PROPERTY EXHIBIT iiii 1 LOTS 20F,21, & 22 LAKE BRADFORD PARK (M.B. 9, PG. 91) ftdsrilegibdure VIRGINIA BEACH, VIRGINIA oomEnginrillig 757.431.1041 SHEET 1 OF 1 242 MC IN.g i MU EVII,M 23152 SCALE: 1"=30' AUGUST 29, 2019 CAD/elk EAG CITY OF VIRGINIA BELCH, VA I F.B.___ PG..I PLAT:L-164 & 809 I JN:219-0234 EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY SELLER: City of Virginia Beach PURCHASER: Frederick C. Karam PROPERTY: 961± square feet of the City-owned 100'-strip surrounding Lake Bradford (GPIN: 1479-38-4812), located adjacent to 4965 Athens Boulevard LEGAL DESCRIPTION: All that certain lot, piece or parcel of land in the City of Virginia Beach, Virginia, being known, designated and described as "AREA OF PROPOSED EXCESS PROPERTY (961 SQ. FT. OR 0.022 ACRES)," as shown on the attached Exhibit "A" entitled "PURCHASE OF EXCESS CITY PROPERTY EXHIBIT FOR LOTS 20, 21, & 22 LAKE BRADFORD PARK (M.B. 9, PG. 91) VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated August 29, 2019, and prepared by WPL. SALE PRICE: $961 .00 ($1 .00/square foot) CONDITIONS OF SALE: • The Property is purchased "AS IS, WHERE IS," and will be conveyed by Quitclaim Deed. • The Purchaser shall, at the Purchaser's expense, resubdivide the Property to incorporate the Property into the Purchaser's property at 4965 Athens Boulevard. • No additional principal structures shall be constructed upon the Property. Notwithstanding the foregoing, the existing residential dwelling unit depicted on Exhibit "A" is permitted. • The Purchaser shall adhere to all zoning ordinances and City Code requirements. • Purchaser shall be responsible for his own closing costs, recording fees, and attorney's fees. • Approval of this sale shall be revoked if closing has not occurred on or before January 30, 2021, unless extended by City Council prior to such date. w • 7 y `. a `` ,fr ` ® • Q , / :1:7 ; .., ,,, : < : 03C Nrge 't, Z?-7' cm "04e:wiii:et,4 —‘-i_,'-- rm 7":,...47/1.4/ 41t. fts411 21.18111 --,_ 2.4.- NO � SIN in o � ' s v-� ,, � a .� ''�r4/ O ♦ . ♦+ \ � oPc i, iO � 1► o '� �� ♦ � " OYWo 1. im/6i ops Z •,i 4 k :' kli 14 AA C 9 girt i iiitai.o '- a ., it , ... _, w 0, m ce, < ., .,, ,.... ilk ft,LN*SI olio at, 4.1 ,. - • 4.0 rpr.wdr- A ce .4. •-• 0 c! ;- i' tPr.41 �t ` e p iir lis 1,7 av^)e N '11�1re �lo r3 _ _ % LL! U 0 =_Q! r"WNDS 'NO�dh k .ilk -; - eloN Itas ,� ili �� "� — ® 1I�-/ �1N771bg2 . _ -0v �mimr 1S3Mr. Nit �<v *if Qt,, � N. 1?„, min —� �� r� � o ' o�I�� ',� 710c" tQd �wo c� s��/� -ati NMF- 2D 9M it -7 i� O � c ii4 !TT .. , .,..7... ; , ..,..,_„„„.... „ gb rb.38 1 fir h Itiost �IIi►,, 41/4 ♦ azap• ;r iQ i � ,,,* J ••Jioayf 3S a ♦ho 4, �� e . .ff.„„, A.,„„. : , „Ir._ . ... ., :4,...„.,.....„ ,„. .__, ,.. ,.., ,, , --- ar ceori Pikkul - __ .... . . :5- . ,...„. N- ilirt ...„0,7-,.5. *AO, .. . ., _ - % ir `\ ' tib ld'1NIOd lyM.artz a ;7 , ; �� DSOr48 . , st o 00 CO , - -.:- Cy el v 1S 4 o�f - _ ... OMS " , . aZ e.- N r _ -- ' . o (.: `� .t,r.x� � • fir c..� � = rn Q1� . _t C.0 _: N V L C 'Wo• -- ,..,.. -1S 8 �` _ ` -rs, f o Cf&O _ m m i ._ : i O r Cr `NL - Q a Q1 = x OOi. I'` co ti 1S O l. z co coM C -„I ._,. _ Syr tr# 1114 G. Q o d W � 2f ' .1S.a Tr w 2 �jj C.) d Fes; i 4 y I_ = a Ts a3 a z U g m a LLO 3 Q 0 O o d rX > C cV c, 0 O 2 VW �Q U 1 % OI Z p Q 4a JL � d L - 'i'„if.'Aill ill . .. _ ._ifDC O a, 0 , . . _ ,„.....,_ , .._ 0 C.) CL > U COi X V (A g _, w C ti 1* i t _ ,<' i „ 0) o .: N O 7 N a) CO . N V U/) -c O O_ d N 4) cf) • /8 m C Q r W O M o 2 c d „c: - '-'-' ',,, ,' . - - . .,. - , — ",,, : '.....i,-:-.:,.: = -i a m m d 64 ITEM— VLL3a ORDINANCES/RESOLUTIONS ITEM#69920 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT,Resolution to SUPPLEMENT the City's 2020 Legislative Agenda(Deferred from December 10, 2019): a. CHANGE the public notice requirements re Planning Commission meetings (Requested by Mayor Dyer) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F.Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 REQUESTED BY MAYOR DYER 1 A RESOLUTION TO SUPPLEMENT THE CITY'S 2020 2 LEGISLATIVE AGENDA BY ADDING A REQUEST TO 3 CHANGE THE NOTICE REQUIREMENTS FOR PLANNING 4 COMMISSION MEETINGS 5 6 WHEREAS, Virginia Code § 15.2-2204 requires that localities provide public 7 notice of Planning Commission agenda items on two consecutive weeks in a newspaper 8 of general circulation; and 9 10 WHEREAS, the City contracts with and pays the Virginian-Pilot to run the 11 statutorily required notices and provides the copy for those notices in accordance with 12 the Pilot's advertisement deadlines; and 13 14 WHEREAS, despite the City timely providing the Pilot with the copy of the notices 15 in compliance with the Pilot's deadlines and despite the City's repeatedly providing the 16 Pilot with the successive dates on which the notices must run, on more than one 17 occasion, the Pilot has failed to run the ads as required by state law; and 18 19 WHEREAS, as a result of the Pilot's failures to run the ads for which the City had 20 timely contracted, the Planning Commission meetings scheduled for August 14, 2019 21 had to be rescheduled and re-advertised for August 28, 2019, and the November 13, 22 2019 meeting had to be rescheduled and re-advertised for December 5, 2019, resulting 23 in two Commission meetings on successive weeks in December in the midst of the 24 holiday season; and 25 26 WHEREAS, the failures of the Pilot resulted in additional expenses and 27 inconveniences to the applicants, planning commissioners, concerned citizens, and 28 staff; and 29 30 WHEREAS, the City cannot contract with an alternative advertising partner 31 because state law mandates that the City publish the series of notices in a "newspaper 32 of general circulation" as set forth in Virginia Code § 8.01-324, and the Pilot and one of 33 its affiliated weekly publications are the only local publications that meet those criteria; 34 and 35 36 WHEREAS, the City publishes Planning Commission agendas on the City 37 website at least three weeks before the meeting, the City provides direct notification to 38 adjacent property owners, and the City also requires the posting of a large orange sign 39 on the property that is the subject of an agenda item at least 30 days prior to the 40 meeting; and 41 42 WHEREAS, in light of all of the above, the attached legislative agenda item 43 seeks a change to state law to allow a locality to hold its monthly Planning Commission 44 meetings even if the newspaper has failed to run one or both of the required notices, so 45 long as (1) the locality timely provided the notice publication request to the newspaper, 46 (2) the locality provided public notice of the meeting via the locality's website, (3) 47 adjacent property owners received direct notification, and (4) the required large orange 48 signage was placed on the property at least 30 days prior to the meeting. 49 50 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 That the City Council hereby supplements its 202 Legislative Agenda to include 54 the attached request. Adopted by the City Council of the City of Virginia Beach, Virginia, this 7th day of January , 2020. APPROVED TO CONT NT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Dep rtment f City Attorney's Offi CA14962 R-2 December 31, 2019 65 ITEM— VLI.3b ORDINANCES/RESOLUTIONS ITEM#69918 The following registered to speak: Vincent Smith, P.O. Box 56680, Phone: 540-847-4766 spoke in SUPPORT Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED Resolution to SUPPLEMENT the City's 2020 Legislative Agenda(Deferred from December 10, 2019): b. Amend the State Code re temporary detention orders(Requested by Vice Mayor Wood) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 REQUESTED BY VICE MAYOR WOOD 1 A RESOLUTION TO SUPPLEMENT THE CITY'S 2020 2 LEGISLATIVE AGENDA BY ADDING A REQUEST TO 3 AMEND THE VIRGINIA CODE REGARDING TEMPORARY 4 DETENTION ORDERS 5 6 WHEREAS, Virginia Code § 37.2-809 provides that law enforcement has 24 hours 7 in which to "execute" a temporary detention order ("TDO"); and 8 9 WHEREAS, Virginia Code § 37.2-810 allows for the subject of a TDO to receive 10 emergency medical treatment prior to delivery of the subject to the receiving psychiatric 11 facility, which is known as "medical clearance;" and 12 13 WHEREAS, the terms "execute" and "medical clearance" are not defined in the 14 Code of Virginia and have been interpreted to have different meanings depending on the 15 points of view of the varying stakeholders: (1) law enforcement charged with serving, 16 detaining, and delivering the subject to the treatment provider/facility; (2) the receiving 17 treatment provider/facility; (3) the emergency services/behavioral health 18 authority/community services board involved in the screening and locating of a receiving 19 facility; and (4) the subject of the TDO; and 20 21 WHEREAS the lack of clarity as to the meaning of these terms, and the divergent 22 interpretations of these undefined terms by various stakeholders have led to law 23 enforcement officers serving the subject, taking the subject into custody, and being forced 24 to remain with the subject for many hours—sometimes exceeding 24 hours—while the 25 subject is "medically cleared" before transporting the subject to the receiving psychiatric 26 facility; and 27 28 WHEREAS, this situation creates numerous areas of potential liability for the City 29 and risk to the subject of the TDO, and it is contraindicated by the General Assembly's 30 prior action under the Creigh Deeds legislation, the intent of which was for the subject to 31 get to a psychiatric treatment facility within 24 hours of being determined to be in 32 emergency need of the same; and 33 34 WHEREAS, the attached legislative agenda item requests that the General 35 Assembly change the two Virginia Code sections referenced above to remove the 36 ambiguities and provide needed clarifications as detailed in the agenda item. 37 38 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 That the City Council hereby adds the attached item to its 2020 Legislative 42 Agenda. Adopted by the City Council of the City of Virginia Beach, Virginia, this 7 t h day - of January , 2020. APPROVED TO CONTENT: APPROVED AS TO CONTENT: _y�J O Police Department Department of Hu an Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorneys Office CA14963 R-2 December 31, 2019 66 ITEM— VLL4 ORDINANCES/RESOLUTIONS ITEM#69919 The following registered to speak: Travis Fox, 2981 Riddick Lane, Phone: 373-9794, spoke in SUPPORT Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605 spoke in OPPOSITION Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in OPPOSITION Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION Leonard Johnson, 1464 Mahadis Road, Phone: 515-4930, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in OPPOSITION Vice Mayor Wood made a motion to ADOPT Ordinance to AUTHORIZE and ADOPT a Revised City Council Policy re Time Limits for Speakers at City Council Meetings(Requested by Mayor Dyer and Vice Mayor Wood) As there was no second, the motion FAILED January 7, 2020 67 ITEM— VLI.5 ORDINANCES/RESOLUTIONS ITEM#69920 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and ADOPT a City Council Policy re Council Member sponsored forums and events (Deferred from October 15, 2019) —Requested by Mayor Dyer and Vice Mayor Wood Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F.Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 REQUESTED BY MAYOR DYER AND VICE MAYOR WOOD 1 AN ORDINANCE APPROVING AND 2 ADOPTING A POLICY PERTAINING TO 3 COUNCILMEMBER-SPONSORED FORUMS 4 AND EVENTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That the City Council hereby approves and adopts the policy entitled 10 "Councilmember-Sponsored Forums and Events," which has been exhibited to the City 11 Council, and a true copy of which is on file in the City Clerk's Office. Adopted by the City Council of Virginia Beach, Virginia on this 7 t h day of January 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office' CA14905 R-2 December 18, 2019 GoA•BFAc jls-, m' . 'lei 4im.y�.•; as �••e, 3 o�saCity Council Policy Title: Councilmember-Sponsored Forums and Events Date of Adoption: Page 1 of 1 1.0 Purpose and Need The purpose of this policy is to address expenditures related to forums and events sponsored or requested by individual members of the City Council. 2.0 Policy Events and forums sponsored by individual members of the City Council provide valuable information to our residents and may also provide opportunities for the public to give councilmembers direct feedback about important matters that impact our citizens' lives and wellbeing. The City is fortunate to have a variety of City-owned buildings and facilities that can be used to host such gatherings without additional cost, and members of Council are encouraged to avail themselves of these venues. Members of Council may contact the City Manager's Office to reserve space in a City facility and to request staff assistance, such as the provision of staff with subject matter expertise to attend the meetings, the assistance of staff with meeting planning skills, or staff assistance in publicizing such gatherings. If, however, a member of Council seeks to hold an event at a venue for which a fee must be paid or to hold an event that will entail more than a nominal ($50 or less) out-of-pocket expenditure, such as expenditures for catering or a speaker fee, then the member of Council shall first seek the approval of the City Council before incurring any such expense. The following procedure shall apply: • If the member seeks to hold an event and there is a departmental co-sponsor that has funds previously appropriated for such purposes, the member may share the purpose of the gathering and the amount of anticipated expenditures with the Council and the Council may approve the matter by consensus. However, if consensus is not obtained, the event must be approved by an affirmative vote of a majority of the Council. • If the member seeks to hold an event and there is not funding appropriated for such purpose, the expenditure must be approved by an affirmative vote of a majority of the Council. Nothing in this policy shall prevent a councilmember from participating in an event or forum that is sponsored and paid for by a City department, such as discussing a capital project within the member's district, using funds previously appropriated to that department as part of the normal budget process. If the member of Council seeking to hold an event reasonably believes that more than two members of the Council will be in attendance, the member shall notify the Freedom of Information Office and the City Clerk to allow appropriate meeting notification and recordation of minutes. This Policy does not authorize or encourage the use of City-owned buildings and facilities for Councilmember-sponsored forums and events in the 90 days immediately preceding an election if the sponsoring member is on the ballot for such election. 68 ITEM— VLI.6 ORDINANCES/RESOLUTIONS ITEM#69921 The following registered to speak: Sabrina Brown, P. O. Box 64817, spoke in SUPPORT Conrad Schesventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Clarence Neely, 3811 Magwood Court, Phone: 572-1156, spoke in SUPPORT Ronjeanna Harris, 5660 Weblin Drive, Phone: 679-0579, spoke in SUPPORT Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT Micah Walls, 5121 Middlebrook Court, Phone: 737-2460, spoke in SUPPORT Laura Wood Habr, P. O. Box 771, Phone: 428-5444, spoke in SUPPORT Upon motion by Council Member Wooten, seconded by Council Member Rouse, City Council ADOPTED Resolution to SUPPORT the Ignite Seminar Series and Disparity Forum and TRANSFER $3,000 from Opportunity Grant line of Non-Departmental Budget to Municipal Council re offset expenses (Deferred from October 15, 2019)—Requested by Council Member Wooten Voting: 9-1 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,Louis R.Jones,Aaron R.Rouse,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Member Voting Nay: John D. Moss Council Members Absent: Guy K. Tower January 7, 2020 REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION TO EXPRESS CITY COUNCIL SUPPORT 2 FOR THE IGNITE SEMINAR SERIES AND THE DISPARITY 3 FORUM AND TO TRANSFER FUNDS IN FURTHERANCE 4 OF SAME 5 6 WHEREAS, the City Council received the Disparity Study written report in January 7 of 2019; 8 9 WHEREAS, the City Council increased its aspirational goal for minority 10 participation in City contracts to 12% to reflect the outcome of the Disparity Study; 11 12 WHEREAS, Councilmember Wooten initiated the Ignite Seminar Series that 13 offered three public meetings in 2019, and such events encourage small business 14 participation in City contracts; 15 16 WHEREAS, for Ignite Series 2020, there will be three events to be held at least 90 17 days prior to the November election; 18 19 WHEREAS, Councilmember Wooten initiated the Disparity Forum to bring 20 awareness and address the disparity among SWaM businesses; 21 22 WHEREAS, in the FY20 Operating Budget process, Councilmember Wooten 23 requested additional resources to support implementation of the Disparity Study 24 recommendations, including staff and funding for business seminars, but Council only 25 approved $30,000 for monitoring SWaM business utilization. In the absence of the full 26 funding requested or the addition of staff, the Ignite Seminar Series and the Disparity 27 Forum maintain the community's focus on remedying the disparity identified in the 28 Disparity Study without additional positions. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA, THAT: 32 33 The City Council expresses its support for the Ignite Seminar Series and Disparity 34 Forum because these events are vehicles and tools to address the disparity identified by 35 the Disparity Study. 36 37 The City Council authorizes a transfer of$3,000 from the Opportunity Grant line of 38 the Non-Departmental Budget to Municipal Council for expenses associated with the 39 Ignite Seminar Series and Disparity Forum, and such funds are to offset expenses related 40 to such events. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day of January , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City A 's Office CA14904 R-4 December 30, 2019 69 ITEM— VI.I.7 ORDINANCES/RESOLUTIONS ITEM#69922 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to CREATE an In-House Pharmacy Exploratory Committee re study for implementing an in-house pharmacy program for City and Public School employees Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 REQUESTED BY COUNCILMEMBERS WILSON AND MOSS 1 A RESOLUTION TO CREATE AN IN-HOUSE 2 PHARMACY EXPLORATORY COMMITEE 3 4 WHEREAS, the City of Virginia Beach ("the City") and the Virginia Beach City 5 Public Schools ("VBCPS"), through their Consolidated Benefits Office, provide their 6 employees with employer-subsidized health insurance benefits that include coverage for 7 prescription drugs; 8 9 WHEREAS, the price of many prescription drugs in the United States continue to 10 rise, resulting in increased and potentially unsustainable costs for employees and 11 employers; 12 13 WHEREAS, in 2012, Chesapeake Public Schools implemented an on-site 14 pharmacy program for their health plan through a third-party vendor with the opening of 15 two pharmacy locations in 2013 and achieved $1.1 million in cost avoidance within the 16 first year of operations, and the program continues to provide cost savings for 17 Chesapeake Public Schools and their employees; and 18 19 WHEREAS, the implementation of such a program by the City and VBCPS may 20 also be financially beneficial for the City, VBCPS, and their employees, but such a 21 proposal would need to be studied to determine the potential cost savings. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA, THAT: 25 26 1 . The City Council hereby establishes the In-House Pharmacy Exploratory 27 Committee. 28 29 2. The committee shall serve in an advisory capacity to the City Council, and 30 the City Council shall appoint its members. 31 32 3. The committee shall consist of two members of the City Council and two 33 members of the School Board, with assistance from appropriate staff members as 34 needed. 35 36 4. The committee shall study the potential benefits, costs, and cost savings of 37 implementing an in-house pharmacy program for City and VBCPS employees and shall 38 provide the City Council with their findings and recommendations. 39 40 Adopted by the City Council of the City of Virginia Beach, Virginia on the 7th 41 day of January , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14965 R-2 January 6, 2020 2 70 ITEM— VLL8 ORDINANCES/RESOLUTIONS ITEM#69923 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Resolution to ESTABLISH Endurance Medical Transport, LLC and AUTHORIZE an annual EMS Permit re private ambulance service Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K Tower January 7, 2020 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 ENDURANCE MEDICAL TRANSPORT LLC IN VIRGINIA 3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2, any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non-emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Endurance Medical Transport LLC; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Endurance Medical Transport LLC for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2020. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day of 35 January , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7l Emerg nc e ical Services City Attorney's Office CA14969 R-1 December 16, 2019 71 ITEM— VLL9 ORDINANCES/RESOLUTIONS ITEM#69924 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and ACCEPT a Dedication of Easements re Lynnhaven Parkway Corridor Improvements Project(CIP 9-028) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF DEDICATIONS OF 3 EASEMENTS FOR THE LYNNHAVEN PARKWAY 4 CORRIDOR IMPROVEMENTS PROJECT(CIP 9- 5 028) 6 7 WHEREAS, Lynnhaven Parkway is the gateway to the Lynnhaven Business District, 8 and the City Council of the City of Virginia Beach desires to make aesthetic and 9 connectivity improvements to create a better sense of arrival and to maintain and enhance 10 the corridor's vital economic role within the City and region; 11 12 WHEREAS,the Lynnhaven Parkway Corridor Improvements Project, CIP 9-028(the 13 "Project"), was established to maintain and enhance the corridor's vital economic role 14 within the City and region by enhancing Lynnhaven Parkway from Holland Road to 1-264 15 through the addition of pedestrian paths and sidewalks, lighting, bus waiting areas, 16 landscaping, signage and other features; 17 18 WHEREAS, the Project requires the dedication of easements from the property 19 owners along the corridor; and 20 21 WHEREAS, in the opinion of the City Council, it is in the best interests of the 22 residents of the City of Virginia Beach to authorize acceptance of all the easements 23 necessary to implement the Project, which will enhance pedestrian safety along the 24 Lynnhaven Parkway corridor and further the safety, health, peace, good order, comfort, 25 convenience, and welfare of the people in the City of Virginia Beach. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1 . That the City Council authorizes the acceptance of all easements voluntarily 31 dedicated to the City for the Project. 32 33 2. That the City Manager or his designee is further authorized to execute all 34 documents that may be necessary or appropriate in connection with accepting 35 the dedication of the easements, including such terms and conditions as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City 37 Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of 40 January , 2020. CA14844 R-1 \\vbgov.com\dfs1\applications\citylaw\cycom 32\wpdocs\d021\p036\00604244.doc PREPARED: 12/17/19 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS/REAL ESTATE CITY ATTORNEY 72 ITEM— VI.I.IO ORDINANCES/RESOLUTIONS ITEM#69925 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of a City-owned Utility Easement at 582 Lynnhaven Parkway re lighted sign Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF A CITY- 6 OWNED UTILITY EASEMENT 7 LOCATED AT 582 LYNNHAVEN 8 PARKWAY 9 10 WHEREAS, Lynnhaven Commons, LLC, a Virginia limited liablity company 11 ("Owner") and Alperin Law, PLLC, ("Tenant") (collectively, the "Applicants") have 12 requested permission to construct and maintain a 144" x 40" one-sided, lighted sign (the 13 "Encroachment") into a City-owned utility easement on the Owner's property located at 14 582 Lynnhaven Parkway; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments into 18 City easements, subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 25 assigns and successors in title are authorized to erect and maintain a 144" x 40" one- 26 sided, lighted sign in the City's utility easement located on the property at 582 Lynnhaven 27 Parkway as shown on the map entitled: "EXHIBIT A SHOWING A 227 SQUARE FOOT 28 SIGN ENCROACHMENT LOCATED ON PARCEL 49E AS SHOWN ON PLAT 29 RECORDED IN MAP BOOK 278 AT PAGE 2 VIRGINIA BEACH VIRGINIA," Scale: 1" = 30 100', dated September 13, 2019 and revised through October 16, 2019, prepared by NDI 31 Engineering Company, a copy of which is attached hereto as Exhibit 'A' and on file in the 32 Department of Public Works, to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 35 to those terms, conditions and criteria contained in the agreement between the City of 36 Virginia Beach, Alperin Law, PLLC and Lynnhaven Commons, LLC (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of 39 the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Andrianos G. Touzos, Manager of Lynnhaven Commons, LLC and Scott 45 Alperin, Sole Member of Alperin Law, PLLC, a Virginia professional limited liability 46 company, and the City Manager or his authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h 49 day of January , 2020. CA14673 R-1 Prepared: 11/26/19 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE NA R. HARMEYER SENIOR CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this Cr-1 day of /UD1&276T , 20 /q , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LYNNHAVEN COMMONS, LLC, a Virginia limited liability company ("Lynnhaven"), and ALPERIN LAW, PLLC, a Virginia professional limited liability company ("Alperin"), THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee.". WITNESSETH: WHEREAS, Lynnhaven is the owner and Alperin is the tenant of that certain lot, tract, or parcel of land designated and described as "PARCEL 49E (180335 SQ FT / 4.1399 ACS) GPIN NO. 1497-50-1938," as shown on that certain plat entitled: "RESUBDIVISION PARCELS 49B AND 49C RESUBDIVISION OF PARCELS 1, 2, AND 3 (M.B. 267, P. 10-11) SUBDIVISION OF PARCEL 49 B (D.B. 2701, P. 973-974) 'PLAT OF PARCELS 48 & 49 BEING SUBDIVISION OF PART OF PROPERTY OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY', OCEANA WEST INDUSTRIAL PARK VIRGINIA BEACH, VIRGINIA", Scale: 1" = 60', dated March 4, 1999, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 278, at page 1, and being further designated, known, and described as 582 Lynnhaven Parkway, Virginia Beach, Virginia 23452 (the "Property"); GPIN: 1497-50-1938 — 582 Lynnhaven Parkway 2 WHEREAS, it is proposed by the Grantee to construct and maintain a 144" x 40" one-sided, lighted sign, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City Utility Easement located on the Property (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A SHOWING A 227 SQUARE FOOT SIGN ENCROACHMENT LOCATED ON PARCEL 49E AS SHOWN ON PLAT RECORDED IN MAP BOOK 278 AT PAGE 2 VIRGINIA BEACH VIRGINIA," Scale: 1" = 100', dated September 13, 2019 and revised through October 16, 2019, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 3 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 4 It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Temporary Encroachment may not exceed: thirty-two (32) square feet per face; have more than two (2) faces; or exceed six (6) feet above the natural grade at the curb. Landscaping 5 materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said LYNNHAVEN COMMONS LLC, a Virginia limited liability company, has caused this Agreement to be executed by Andrianos G. Touzos, Manager, and ALPERIN LAW, PLLC, a Virginia professional limited liability company, has caused this Agreement to be executed by Scott Alperin, Sole Member, with due authority to bind said companies. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH 6 By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. (SEAL) Notary Public Notary Registration Number: My Commission Expires: LYNNHAVEN COMMONS, LLC, a Virginia limited liability company 7 By (SEAL) Andrianos G. Touzos, Manager STATE OF CITY/COUNTY OF \IR&INIR ERI H, to-wit: The foregoing instrument was acknowledged before me this o('( ` day of �OVEIJIBER , 20I9 , by Andrianos G. Touzos, Manager, of LYNNHAVEN COMMONS, LLC, a Virginia limited liability company.-.)rhillt „stA col IN �-lS "� fAm: opems. Notary Public i PueUc = f) i REG.57555042 < s ' MY COMMISSION;2 = Notary Registration Number: 75550L{-a :s I Is, 0 05.3Q21 •Q. My Commission Expires: (o - 30 - Al ALPERIN LAW, PLLC, a Virginia professional limited liability company By (SEAL) Scott Alperin, Sole Member STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by Scott Alperin, Sole Member, of ALPERIN LAW, PLLC, a Virginia professional limited liability company. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 By (SEAL) Andrianos G. Touzos, Manager STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by Andrianos G. Touzos, Manager, of LYNNHAVEN COMMONS, LLC, a Virginia limited liability company. (SEAL) Notary Public Notary Registration Number: My Commission Expires: ALPERIN L , PLLC, a Virginia professional limited liabi y company By (SEAL) (-1)�� � Scott Alperin, Sole Member STATE OF CITY/COUNTY OF(&r0.t , to-wit: The foregoing instrument was acknowledged before me this a`] day of 0-e_mio-e2- , 20I63 , by Scott Alperin, Sole Member, of ALPERIN LAW, PLLC, a Virginia professional limited liability company. (SEAL) otary Public Notary Registration Number: 7 359 f My Commission Expires: -�� .�' Zi Seel 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF NCY AND FORM V/. SIGNATURE ANA . ARME R SENIOR CITY ATTORNEY DEPARTMENT NO. RAD ARC TANGENT CHD CHD BRG DELTA C1 498.30' 60.34' 30.20' 60.30' S 89'39'44" E 6'56'15" C2 509.68' 20.17' 10.09' 20.17' S 85'03'44" E 2'16'03"C3 498.30' 211.26' 107.24' 209.68' S 71'46'50" E 24'17'27" - C4 498.30' 19.72' 9.86' 19.72' N 85'03'35" W 2'16'03" N/F: LINE BEARING DISTANCE LYNNHAVEN COMMERCE CENTER ASSOC L1 N 03'48'15" E 11.38' GPIN 14975125120000 L2 S 06'04'18" W 11.38' PARCEL 49D-1 N INST. # 20121227001467510 / a" _ c,4 E 395.27' •46'05" N 86°52'08" E / N.o 7 BB•65 N/F: / // o CD CO LYNNHAVEN COMMONS LLC / m u;-- N GPIN 14975019380000 / o 00 DB 3885, PG 1280 / ! e ,ce ci °' PARCEL 49E / �' " o �^ N?-0 -0 MB 278, PG 1-2 / / ,r� .' ^0�0 o Nrn v.� / L7 `3- CL DRAINAGE EASEMENT J/ / �v.� a6 QPG� Q `n` MB 137, PG 24 N I-- MB 178, PG 5 Q CY EN Cr C�. Q (SEE INSERT SHT 2) r—— —T— ��c�`L � a_\a a o� SIGN 1 �N/ z x - CoN ENCROACHMENT i w o' r1 M rric\ (SHADED) I Z< > - 1 Q"" 227 SF I I 0 03 0 o v m m z 0.005 AC I D 0 -m 0 Z O I c,,N - w j wo 1 0c c ,o Oo pR,• 16DO I No om ?Pi 90.50' C4 I 0 N n S 86'52'08" W \1., K D 10 UTILITY EASEMENT Z MB 146, PG 13 10 VEPCO AND C&P EASEMENT MB 137, PG 24 VIKING DRIVE ��p,1,TH OF yr •(60' R/W) i . /� "Pc,(MB 137, PG 24) ,.1tlJ• .�1-'1- c. THOMAS D. MIDGE - 9 Lic. No. 1804 REV: 10-16-19 09-13-19 NOTES: PER CITY COMMENTS 1. THE SOLE PURPOSE OF EXHIBIT A -�0 SUR`• - THIS PLAT IS TO DELINEATE SHOWING THE LIMITS OF THE SIGN A 227 SQUARE FOOT SIGN ENCROACHMENT ENCROACHMENT SHOWN LOCATED ON PARCEL 49E HEREON. AS SHOWN ON PLAT RECORDED IN 2. THIS PLAT IS NOT INTENDED MAP BOOK 278 AT PAGE 2 TO BE USED FOR ANY OTHER VIRGINIA BEACH, VIRGINIA PURPOSE. SCALE: 1" = 100' SEPTEMBER 13, 2019 3. THIS PLAT IS NOT A NDI ENGINEERING COMPANY BOUNDARY SURVEY. BASGIER AND ASSOCIATES DIVISION 4. THIS PLAT IS NOT BASED ENGINEERS-SURVEYORS-PLANNERS ON A TITLE REPORT. 572 CENTRAL DRIVE, SUITE 103 VIRGINIA BEACH, VA 23454 PHONE: (757) 431-2177 FAX: (757) 431-2175 100 J0 100 200 f e e t GRAPHIC SCALE SHEET 1 OF 3 W800 tdm 144"WIDE X 40"TALL ONE-SIDE LIGHTED SIGN(39.96 SQ. FT.) APPROX. 156"WIDE X 16"TALL BRICK BASE ON CONCRE I E FOOTER 144"WIDE X 14"TALL ALUMINUM POLE COVER WITH 1 5"REVEAL TOTAL HEIGHT- 71.5"(GROUND LEVEL TO TOP OF SIGN) CABINET- LIGHT GRAY POLE COVER-BLUE BRICK -TO MATCH BUILDING ALPERIN LOGO-65"WIDE X 37.5"TALL (4)36"WIDE X 16"TALL WHITE ACRYLIC TENANT PANELS ALPERIN LAW AND TENANT PANELS-3/16"ACRYUC ADDRESS-7"VINYL LETTERS-WHITE SIGN AND POLE COVER WILL BE MOUNTED(WELDED)ON(2)4"SQUARE STEEL POLES SET WITH-IN BRICK BASE AND CONCRE I E FOOTER(SEE INSTALLATION DIAGRAM) 144" 1_81 AA ALPERIN 4 " 40" LAW 71.5" 500 Viking Drive 1 " 14„ PROPOSED 12' BY 8" SIGN CL I- 10.1' L I r") CO n I -INSERT- (1"=10') t,1,7 H OF • u THOMAS D. MIDGE - a Lic. No. 1804 09-1�19 NOTES: < 1. THE SOLE PURPOSE OF EXHIBIT A �.� SUR`) O THIS PLAT IS TO DELINEATE SHOWING THE LIMITS OF THE SIGN THE PROFILE OF A SIGN ENCROACHMENT SHOWN LOCATED ON PARCEL 49E HEREON. AS SHOWN ON PLAT RECORDED IN 2. THIS PLAT IS NOT INTENDED MAP BOOK 278 AT PAGE 2 TO BE USED FOR ANY OTHER VIRGINIA BEACH, VIRGINIA PURPOSE. SCALE: (NTS) SEPTEMBER 13, 2019 3. THIS PLAT IS NOT A NDI ENGINEERING COMPANY BOUNDARY SURVEY. BASGIER AND ASSOCIATES DIVISION 4. THIS PLAT IS NOT BASED ENGINEERS-SURVEYORS-PLANNERS ON A TITLE REPORT. 572 CENTRAL DRIVE, SUITE 103 VIRGINIA BEACH, VA 23454 PHONE: (757) 431-2177 FAX: (757) 431-2175 SHEET 2 OF 3 W800 tdm INSTALLATION DIAGRAM FOOTER- 16"DEEP X 172" LONG X 24"WIDE 4"SQUARE STEEL POLES SET INTO FOOTER- EACH END 3000 PSI CONCRE It REINFORCED WITH REBAR BRICK OVER BLOCK BASE BUILT UP TO 16"TALL X 156"WIDE X 16"DEEP ALUMINUM POLE COVER 144"WIDE X 14"TALL X 8"DEEP WITH 1.5"REVEAL SIGN-144"WIDE X 40"TALL X 8"DEEP POLE COVER AND SIGN WELDED TO 4"SQUARE STEEL POLES 144 I$1" 4" 40"STEEL POLES 40 1.5"REVEA 71 5" I _ t' GROUND LEV ..•>< e } h i C+l�r>t` .� , 1611It1.0 (i,.r:-;.._fs'�� .Yfi��cs ' 30" , • v,LTH OF yr. .% . i. r.) THOMAS D. MIDGE • Lic. No. 1804 o9—I'--Is NO TES:1. THE SOLE PURPOSE OF � SURv�y�� THIS PLAT IS TO DELINEATE EXHIBIT A THE LIMITS OF THE SIGN SHOWING ENCROACHMENT SHOWN THE INSTALLATION DIAGRAM OF A SIGN HEREON. LOCATED ON PARCEL 49E 2. THIS PLAT IS NOT INTENDED AS SHOWN ON PLAT RECORDED IN TO BE USED FOR ANY OTHER MAP BOOK 278 AT PAGE 2 PURPOSE. VIRGINIA BEACH, VIRGINIA 3. THIS PLAT IS NOT A SCALE: (NTS) SEPTEMBER 13, 2019 BOUNDARY SURVEY. NDI ENGINEERING COMPANY 4. THIS PLAT IS NOT BASED BASGIER AND ASSOCIATES DIVISION ON A TITLE REPORT. ENGINEERS—SURVEYORS—PLANNERS 572 CENTRAL DRIVE, SUITE 103 VIRGINIA BEACH, VA 23454 PHONE: (757) 431-2177 FAX: (757) 431-2175 SHEET 3 OF 3 W8OO tdm z+v, a) -0 1• cu • • � y ` � / ; • v • i = Q a a) V Z L O rn 000 No w2o • • 2 ' i � Oo • • iZ Z V 0_ — — i♦ OWZti _— _ 2W � o 0 z I1 II V a a °a j �iiI 0 Ticc 0 1 _ _. 0 ,) aE / i Ol ZO p Z Cl- LI) it � Z7 ZJ cr 0 Q co l W C4 IF a I it — . . . . - — . . . . . 11 O a I11 v x I it I - . . . . . . 7 - _ a S I.1 l I �� *4 f I 1 t _ to 1 W I 1 `0 r------\ C ca Cz y II 1, CL 0 0LYNNHAVEN PKWY z Y_ > 0, 0 N _ _ - t S ,, / m I e,„ DGLONDOBR i�������. If) C a) CO c� NHAVEN PW r N ���� h 0 M i (� NNNPJ�NR� I ��� 4 V N' O G1 w 18E'( y 0 W a m N , 1 1 n _ d W N p I !r e— N U W a 73 ITEM— VLLlla ORDINANCES/RESOLUTIONS ITEM#69926 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $63,250 the from the Virginia Department of Social Services to the FY2019- 20 Human Services Operating Budget re activities associated with Kinship Navigator Program Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $63,250 2 IN FEDERAL GRANT FUNDS FOR THE KINSHIP 3 NAVIGATOR PROGRAM 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $63,250 in federal pass through funds from the Virginia Department of Social 9 Services is hereby accepted and appropriated, with revenue from the federal government 10 increased accordingly, to the FY 2019-2020 Operating Budget of the Department of 11 Human Services for activities associated with the Kinship Navigator Program including 12 contracted manpower. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of January 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management ervices s Office CA14972 R-1 December 17, 2019 74 ITEM— VLI.11b ORDINANCES/RESOLUTIONS ITEM#69927 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $152,895 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2019-20 Human Services Operating Budget and ESTABLISH two (2)full-time and one (1)part-time position re STEP-VA Outpatient Behavioral Health Services Program Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $152,895 IN FUNDS FROM THE COMMONWEALTH AND 3 ESTABLISH TWO NEW FULL-TIME AND ONE NEW PART- 4 TIME POSITIONS IN THE DEPARTMENT OF HUMAN 5 SERVICES 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $152,895 from the Virginia Department of Behavioral Health and 11 Developmental Services is hereby accepted and appropriated, with revenue from the 12 Commonwealth increased accordingly, to the FY 2019-2020 Department of Human 13 Services Operating Budget for the STEP-VA Outpatient Behavioral Health Services 114 5 Program; 16 2. Two full-time positions and one part-time position (.65 FTE) are hereby 17 authorized and created in the Department of Human Services' Fiscal Year 2019-2020 18 Operating Budget for the STEP-VA Outpatient Behavioral Health Services Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of January 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ft2 udget and Management Services i tt ney's Office CA14973 R-1 December 17, 2019 75 ITEM— VLI.11c ORDINANCES/RESOLUTIONS ITEM#69928 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE: c. $130,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to the FY2019-20 Human Services Operating Budget and ESTABLISH one (1)full-time position re Medication Assisted Treatment Program at the Pathways Center Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $130,000 IN FUNDS FROM THE COMMONWEALTH AND 3 TO ESTABLISH ONE NEW FULL-TIME POSITION IN THE 4 DEPARTMENT OF HUMAN SERVICES 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $130,000 from the Virginia Department of Behavioral Health and 10 Developmental Services is hereby accepted and appropriated, with revenue from the 11 Commonwealth increased accordingly, to the FY 2019-2020 Department of Human 12 Services Operating Budget for the Medication Assisted Treatment Program at the 13 Pathways Center; 14 15 2. One full-time position is hereby authorized and created in the Department 16 of Human Services' Fiscal Year 2019-2020 Operating Budget for the Medication Assisted 17 Treatment Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of January 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services ttor ey's O ice CA14974 R-2 December 20, 2019 76 ITEM— VLI.12 ORDINANCES/RESOLUTIONS ITEM#69929 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT $28,114 from the Department of Criminal Justice Services to the FY2019-20 Human Services Operating Budget and APPROPRIATE $1,959 to Human Services' Community Corrections and Pretrial Services Division re staff training and development Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 1 AN ORDINANCE TO ACCEPT $28,114 AND APPROPRIATE 2 $1,959 IN FUNDS FROM THE COMMONWEALTH FOR 3 COMMUNITY CORRECTIONS AND PRETRIAL SERVICES 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $28,114 from the Virginia Department of Criminal Justice Services is hereby 9 accepted, with revenue from the Commonwealth increased accordingly, to the FY 2019- 10 2020 Department of Human Services Operating Budget for Community Corrections and 11 Pretrial Services Division; and 12 13 2. $1,959 is hereby appropriated in the Department of Human Services' 14 Community Corrections and Pretrial Services Division's Fiscal Year 2019-2020 Operating 15 Budget for staff training and development. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of January 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A 0 Fri Budget and Management ervices City Attorne s ffice CA14973 R-1 December 18, 2019 77 ITEM- VLI.13 ORDINANCES/RESOLUTIONS ITEM#69930 The following registered to speak: Vincent Smith, P.O. Box 56680, Phone: 540-847-4766 spoke in OPPOSITION Philip Van Cleave, (Virginia Citizens Defense League), Phone: 804-874-8235, did not respond Joshua Kellogg, 3912 Sherman Oaks Avenue, Phone: 621-2089, spoke in OPPOSITION James McCall, 2015 Capstone Circle, Herndon, VA, Phone: 918-808-4333, did not respond Mike Kohlbocker, 14462 Belvedere Drive, Woodbridge, VA, Phone: 571-205-0839, did not respond Thomas Colson, 1820 Olympic Drive, Phone: 739-7998, spoke in OPPOSITION Travis Fox, 2981 Riddick Lane, Phone: 373-9794, spoke in OPPOSITION Karen Greenhalgh, 4545 Commerce Street, Suite 2004, Phone:284-9047, spoke in OPPOSITION Glenda Craddock, 4101 Charity Farm Court, Phone: 581-2643, spoke in OPPOSITION Clarence Canterbury, 2928 Hermes Street, Phone: 477-6189, spoke in OPPOSITION Tim Anderson, 4252 Mercedes Street, Phone: 546-4843, spoke in OPPOSITION Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605 spoke in OPPOSITION Eric Wray, 4930 April Avenue, Phone: 235-0441, spoke in OPPOSITION Mark Eggeman, Phone: 804-248-3896, spoke in OPPOSITION W. H. Aygarn, 1264 Stowe Road, Phone: 426-6675, spoke in OPPOSITION Leonard Johnson, 1464 Mahadis Road,Phone: 515-4930, spoke in OPPOSITION Jimmy Frost, 2240 Windom Place, Phone: 343-6768, spoke in OPPOSITION Carl Hendrick, 961 Gideon Road, Phone: 443-845-2151, spoke in OPPOSITION Timothy Culhane, 3329 Clubhouse Road, Phone: 470-6400, spoke in OPPOSITION Jacob Suave, 5404 Westford Drive#304, Phone: 301-542-2846, spoke in OPPOSITION Anyisa Herron, Phone: 404-4421, did not respond Sabrina Brown, P. O. Box 64817, spoke in SUPPORT Conrad Schesventer, 811 Dudley Road,Phone: 719-2113, spoke in OPPOSITION Michael Spear, 974 Sedley Road, Phone: 589-0393, spoke in OPPOSITION Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in OPPOSITION James Tackeberry, 421 Hartsdale Road, Phone: 815-742-7199, spoke in OPPOSITION Terry Santure, 5900 Buckminister Lane, Phone: 449-3200, spoke in OPPOSITION Sean Flatley, 139 Castilian Drive, Phone: 301-751-2286, spoke in OPPOSITION Robert Dean, 1204 Shawn Drive, Phone: 287-8694, spoke in OPPOSITION Gary Richards, 3849 Stern Croft Road, Phone: 779-9093, spoke in OPPOSITION Jeffrey Cannon, 2261, Green Run Road, Phone: 282-8296, spoke in OPPOSITION John Abernathy, 448 Cummings Road, Phone: 719-0325, spoke in OPPOSITION Neal Smith, 1116 Saint Bridges Road, Chesapeake, VA, Phone: 257-449-6374, spoke in OPPOSITION Tim Worst, 2556 Entrada Drive, Phone: 353-1555, spoke in OPPOSITION Sandy Frazier, 1506 Meridan Way, Phone: 540-270-1057, spoke in OPPOSITION Darrell Edwards, 1324 Princess Anne Road, Phone: 274-4373, spoke in OPPOSITION Gil Garcia, 900 Ringfield Road, Phone: 404-4313, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Dena Cottle, 3612 Starlighter Drive, Phone: 498-9587, spoke in OPPOSITION January 7, 2020 78 ITEM— VLI.13 ORDINANCES/RESOLUTIONS ITEM#69930 (Continued) Omar Pickron, 3230 Yarkborough Way, Phone: 409-2006, spoke in OPPOSITION Everette Brown, 1324 Bells Road, Phone: 772-321-6459, spoke in OPPOSITION Richard Egger, 205 34th Street#1417, Phone: 985-7777, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in SUPPORT Pieri Burton, 2005 Bloomsbury Crescent, Phone: 836-5051, spoke in OPPOSITION Paul Abney, 1705 Creek Stone Court, Phone: 650-9839, spoke in OPPOSITION After City Council discussion, Council Member Wooten WITHDREW Resolution to SUPPORT a Bill re allow Localities to prohibit the carrying of firearms in governmental buildings (Deferred from June 18, 2019)—Requested by Council Members Tower and Wooten January 7, 2020 79 ITEM—VI-J.1 PLANNING ITEM#69931 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED, MODIFIED CONDITIONS,BY CONSENT,Application ofRHKPROPERTIES,LLC for Modification of Conditions re motor vehicle sales at 2661 Virginia Beach Boulevard(Approved May 1966)DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RHK PROPERTIES, LLC for Modification of Conditions re motor vehicle sales at 2661 Virginia Beach Boulevard (GPIN 1497544875) DISTRICT 6—BEACH The following conditions shall be required: 1. When the site is developed, the pre fabricated building shall be in substantial conformance to the architectural style and materials of the rendering entitled "Building Rendering," dated October 15, 2019. Said rendering has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 2. No outside storage of equipment,parts, tires or materials shall be permitted. 3. No body work, engine repair, oil changes or any auto repair work shall be permitted to occur within the building. 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 7rh day ofJanuary Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 ‘...,-.-., - . ---4,-- 1 1_ t 7 -i-'7' .11--- -----' --r., --5 , 1 1 — .u1"Ln... ' I , 1 rir "-trip P— i Lei' / 4h, ,-- r ,i / r , . __ _____ 1410 ./1 ' 4 F-41 i- r...3 .....„ t,4 r.,-,„ , 1 1 T {:„„ u, ,, , II . .7--- 11 _i___ , Lei .,_ , —,__ , - - 1 1:13 El n -Ce Li, 1 jej f ' - -,A_.. --1L:-,J.._1 __ _— 0 u. o . .1 (i k "---, p. _ 0 ; if , _; 'IL ',...44 CNII \ j C,C1) k r):C) Y ' : , '14) 0 - -1 o .-- Coiii el" it-- itIC , • - a i . A-Ill - <,.\.,..„ , , . ,.. VI' _ _...-- 0 N. ',------r-'- q II „ 1 t_ , ite _..,, < ). -7*. '' • , Vim' — 11111- 1- , -...... e ' -:-..„..--.._ ,ir ---„. -, - .. . - --1 .... 4•-- 7 r- i: . 13 > 0 w -J = ...1 0 .- CO ir cn w -0_ .., ,OM C.) r ra cu w Cl. CO 0 RI EL a cn el, . ,., ,zz, i f---,- ,-.• i I.. - , , -''''- A'• , ' 1 2 ,.... , - , . _,-....... it 1 ......_ r . _41 ,,.. • I-, ' ..-,_ .-1, 4. 4- ---_ - it- 4 ' ..4 i* T". !CI) CD i J CD f'- -,„ ' , • /-2 ,--- , N la --C i -,, Af, , i < , -11' 11 t 0 ri., 0 __ EP' •-• ' (1- __._....------" ) i" '-- --- \ -- . 1 CNI - • ' ,,,,, 011": ..- <- a., \ m 0 l' ' c t ... , w ...1 CA 0, 0) -2* *".-- 17) C ..." CD \ 4 iso eill.,...7:4 ' \I a i) \\ „.„.. ' ‘, I \\ ,-I I (-, ".- 7 ' '-'-'''''' -- I I -‘, c, --# v-iiii• m . , ,, \ I -----,:. „, \ .. , - CZ ir , ,- -.Ex...-:•-i 0 ry Cl. CO '-' --- ' _ 80 ITEM—VI-J.2 PLANNING ITEM#69932 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Jared Brandwein, 1332 Shipps Cabin Road, Phone: 778-0778, spoke in OPPOSITION Mark Johnson, 1087 Horn Point Road, Phone: 435-3524, spoke in OPPOSITION Marla Godwin, 1112 Horn Point Road, Phone: 618-1680, spoke in OPPOSITION After City Council discussion, Council Member Henley made a motion to DENY, seconded by Council Member Moss, Application of RAW ENTERPRISES, INC. /COURTHOUSE OUTPARCEL A-1-B-2, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment District at 2601 Princess Anne Road re thirty-seven(37)residential units DISTRICT 7—PRINCESSANNE Voting: 2-8 Council Members Voting Aye: Barbara M. Henley John D. Moss Council Member Voting Nay: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Louis R. Jones,Aaron R.Rouse,Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower Motion failed to a negative vote January 7, 2020 81 ITEM—VI-J.2 PLANNING ITEM#69932 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council,APPROVED,AS PROFFERED, Application of RAW ENTERPRISES, INC. /COURTHOUSE OUTPARCEL A-1-B-2, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment District at 2601 Princess Anne Road re thirty-seven(37)residential units DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RAW ENTERPRISES,INC./COURTHOUSE OUTPARCEL A-1-B-2, LLC for a Conditional Change of Zonig from B-2 Community Business to Conditional A-18 Apartment District at 2601 Princess Anne Road re thirty-seven (37) residential units (GPIN 1494648180) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day ofJanuary Two Thousand Twenty. Voting: 9-1 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer,Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Member Voting Nay: Barbara M. Henley Council Members Absent: Guy K. Tower January 7, 2020 7-: ><cr4 ,,,,. . , , 0 7*. ,-. "C /,� of , .o C 409 • 06_ amTi`'-- �` 7 0 , /■ Ce cif N qk : ,,,...Prii::::,,, ,,,-,,z.,,<' a ' 0/ .:' 04141' \\\. 11::c: � 10 O w rinIT . ..\\ a) ci, 7. 4.., ,..) 4 ., ,„, .., . . , ,. , ._ / try a (1:g044ei .---,,\\ -----., ..,..„...,'-r-s.,/f -‘...., ,,.\.ti.i .4N.7-/7 -., ' ',/V g .t.-- rCD N th— C' • • f ' , 4 f N` ' r 4) tV -4, i> , 'CC '^ Q N. o 0 ic, '- N-/N Cr) cr) cr) c — „,_ ... < co 3 a) c ;, ! !.. cn ry Cl CA t/' /. '5N </( . 00 . . .. 1 1 COURTHOUSE OUTPARCEL A-1-B-2, LLC, a Virginia limited liability company RAW ENTERPRISES, INC., a Virginia corporation TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 3 ist day of August,2018,by and between COURTHOUSE OUTPARCEL A-1-B-2. LLC,a Virginia limited liability company,party of the first part,Grantor; RAW ENTERPRISES, INC., a Virginia corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 3.227 acres which is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference (hereinafter the"Property"); and WHEREAS, the party of the second part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the"Property"from Conditional B-2 Commercial District to Conditional A-18 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community GPIN: 1494-64-8180-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire(VSB#22160) Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS,the Grantor have voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium community,with no more than thirty-seven(37)residential units,substantially in accordance with the exhibit entitled, "Nimmo Pkwy Site Conceptual Site Layout", dated July 23, 2018 as revised, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Conceptual Plan"). 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Conceptual Plan. 3. When the Property is developed, the total number of residential units thereon shall not exceed thirty-seven (37) and they will be subject to a Condominium Declaration. The Condominium Association shall be responsible for maintaining all common areas including landscaped areas, streets and stormwater management facilities. 4. When the Property is developed, the architectural design and primary exterior building materials for the new residential dwellings depicted on the"Conceptual Plan"will be substantially as depicted on the exhibits entitled "Rendering Townhouse Condominium @ 2 Nimmo Pkwy Site" and "Materials Board For Townhouse Condominium @ Nimmo Pkwy Site", dated August 31, 2018, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Rendering" and "Materials"). 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Courthouse Outparcel A-i-B-2, LLC, a Virginia limited liability company By: ` � � � (SEAL) Title: r S. 1 i tDOki i WO/F17 STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: egoing instTcw-' ent. as l ac w dged before me day of , 2018,by J . 11 vAd t( of Cou ouse Outparcel A i-B-2, LLC, a Virginia limited liability company,Grantor Lam' Notary Public My Commission Expires: Uck2tV 3I c9-(1`+/ ���►►►►�����►����,,� Notary Registration Number: a R idea ,.•���p.�.ROSS G�'' j G QOB ` cU;REGISTRATION N0.i7 221082 '�- ;MY COMM.EXPIRES N 10/31/2021 OT'4R "Y PUg�'oz.\���\ 5 WITNESS the following signature and seal: Grantor: RAW Enterprises, Inc., a Virginia corporation By: (SEAL) Robert A.Wadsworth, II, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 31st day of August, 2018,by Robert A.Wadsworth, II, President of RAW Enterprises, Inc., a Virginia corporation, Grantor. 7-deeW}" Notary Public �,.......,. My Commission Expires: August 31, 2018 `.gyp►R. /� Notary Registration Number: 192628 ' O1 44 i a #4413 &soneIII 6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot,piece or parcel of land,with the buildings and improvements thereon and all appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL A-i-B-2, GPIN: 1494-64-818o, AREA= 140,568 SF OR 3.227 AC"as shown on that certain plat entitled"RESUBDIVISION OF PARCELS A-1-B,A-1-C&A-1-D",date June 15, 2011,made by MSA, P.C.,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20110624000635360. GPIN: 1494-64-8180-0000 H:\AM\Conditional Rezoning\RAW Enterprises\Nimmo Pkwy Townhomes\Proffer Agreement.docx 7 82 ITEM—VI-J.3 PLANNING ITEM#69933 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of HR VB BOULEVARD, LLC/COLLINS SQUARE ASSOCIATES, LP for a Conditional Use Permit re indoor recreational facility at 4001 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HR VB BOULEVARD, LLC/COLLINS SQUARE ASSOCIATES, LP for a Conditional Use Permit re indoor recreational facility at 4001 Virginia Beach Boulevard (GPIN 1487140338) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 2. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 3. All exterior building signage shall comply with the requirements of the City Zoning Ordinance (CZO), unless authorized by the Board of Zoning Appeals. 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 7th day of January Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 - - i .: I I I I Tr rkit - .La ' -- - In 74 ' Oi& ,i. \ • . ,,,,1 'i ... . ,-„, tt , , .... . _ _. ,- - - ....,, . n \ 1 __ 4? Eli ti ___ .,, , 110 ••• $ 1.1 0 1-1*S1- -hi: -'1.-.> * -->''-• 'IC6 CZ C.) : r II cp , 1 c•-, - -- -- j C> CD• ..,„s„. , . u \N C ....e 1 it esi. c) alt', i / i-,„--- = -.,/ . '. _LI - t.),* u--, 111 c)cp snit - • A ueli ...--- ,,___ / ,r` ,, , , n____Li_____ 1 , - 1/4. : `----LL __I__. 1., .-\ .' ti ,. i ,..,......„1,,,..„, 14 CO 0 a) ..1 ..... .1 3 16 03 s..._., 0:1 aC > C.) a) (13 CD stir .\ \'44 ip ak St.11 /......'' , = 03 0 / \ IX [........ Ale- IN =air CO .r° c a) .. \ ...i . - ill at ........... Elitt, . .11 > E.:" fie HIM In" 0 , 1 " e --i* -..,-''-' .. r ..,,,, , \ IT• ei: I 0 /'i' , gln----4'' '•'*‘ \ CI3 \K. X.‘\ 1 ' g I-4c-1110.-/S )..1.1. ill till CNI , 11111 fiiir _1_- I 4 1/4.4 1; .1 r 1 I,ik 1:•N I I A$14,L . ..N.,NN IS 1\Z:\ t 7 1----1( --- ------tV," , ;,,, i . • ... 920 „..) _ __ ___) ._„......,,_ , ,. ..., ,,,, .... .._ OM. i_____,.. , ,s_jit,„, .... n C 46 ....1 -ITt , - --) r-1--' -1 w co 0) . x en I i cu i A I-I .-'-. 1 j WOW _e•-j------"t" - ,-.....wrir...... , ilallftrai I:: - ', rl JD 11 i _ ___ 1 , 1 i I t< 83 ITEM—VI-J.4 PLANNING ITEM#69934 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of BEACH SPIRITS, LLC / PHI MU, LLC for a Conditional Use Permit re craft distillery at 981 Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BEACH SPIRITS,LLC/PHI MU,LLC for a Conditional Use Permit re craft distillery at 981 Laskin Road (GPIN 2418713210) DISTRICT 6— BEACH The following conditions shall be required: 1. The total floor area of the tasting and retail space shall not exceed four hundred forty-two (442) square feet, or ten percent(10%)percent of the total building floor area, whichever is greater. 2. There shall be no food trucks,food preparation or food service on-site. 3. The applicant/owner shall submit a Landscape Plan to the Department of Planning and Community Development for review and shall obtain approval prior to the issuance of the Certificate of Occupancy. 4. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 5. A Certificate of Occupancy shall be obtained prior to the operation of the Craft Distillery. 6. A valid license issued by the Virginia Alcoholic Beverage Control Board shall be held by the establishment at all times, and the conditions of such license shall be incorporated as conditions with the Conditional Use Permit. 7. Only spirits and non-alcoholic beverages may be served on the premises. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 8. Live music shall be allowed only inside the establishment when all the doors and windows are closed. No live music, amplification of music, use of speakers or monitors will be permitted outdoors in association with the distillery use. 9. All signage on-site shall meet the requirements of the City Zoning Ordinance (CZO). 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 sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 10. All lighting shall be contained on the subject property. The source of the light is to be shielded so as to not be visible from the property line of adjacent residential properties. January 7, 2020 84 ITEM—VI-J.4 PLANNING ITEM#69934 (Continued) This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of January Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 t * — C1/4\% 01 i. M , 1/ r C,, -I 3 tf " i •r Q\ i -,. , \\'- -.\ SI vvr_ ---_____:,-,--1 ......., e , 7 COCD O \,:ilm,,,,,-- .0,, CV t '4 O , Ck.'..\. 'I tit s\ y - 1 { C\\ i .-.._ .. . { v_ ,1 . ---,(..17T:::: : { 1, (77,,,,,,,... , 1 � I, , i\ili.k-- s ..,. ,,,1 : t 4` „;‘,.\ ct \'4 Nt V U , \ ly . \ �`_ . _ ,,,0 \.,.--,:- \,,,,,'\,-,T- '• 61 ' '-, .-:-------- - 17*6 K \],, CO A 1\ \ '''. SI sy, - "�` I � Di O g -►e rd° 1 or ar'O�e s • ''', .2 s s'1 a s-' �O NNI 0 'D 0 el m tb ii. 4 Jil11Q 85 ITEM—V-J.5 PLANNING ITEM#69935 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit re indoor recreational facility at 4554 Virginia Beach Boulevard DISTRICT 4— BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PEMBROKE SQUARE ASSOCIATES, LLC for a Conditional Use Permit re indoor recreational facility at 4554 Virginia Beach Boulevard (GPIN 1477562034)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "Existing Condition, Layout & Utility Plan for Latitude Pembroke Mall," dated September 17, 2019, and prepared by MSA,P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 2. When the site is developed, the building shall have the architectural style, colors and materials of the renderings entitled "Latitude—Revised Conceptual Rendering, Pembroke Southwest Tenant— Pembroke Mall,"dated September 19, 2019, and prepared by Cox Kliewer& Company, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 3. When the site is developed, the landscaping plan shall be in substantial conformance with the landscape plan entitled "Proposed Landscape Plan," dated October 14, 2019, and prepared by MSA, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 4. The outdoor entry area should be improved with amenities including plantings,pavers, benches or other furnishings and/or other outdoor landscape improvements. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development Permit and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 6. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. January 7, 2020 86 ITEM—V-J.5 PLANNING ITEM#69935 (Continued) 7. All exterior building signage shall comply with the requirements of the City Zoning Ordinance (CZO), unless authorized by the Board of Zoning Appeals. 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 7th day of January Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 4 / Ott , 7, Aszlf, - ar.,.. al_.,. , 4.- i .....4 •,..... „., p NW " S .4.,, 1'), , j L,,,,,,,r_11, ,j u fr Ili= --- .e_,---, _ A , ,t.r. - i ,r, i. „.4:, k 0 71 7 ic. 1 ann (0 I i 1 m., .6-- I , f ui oram+ It)F !•�• J t E ; . ; _ =Ir.i 1 Cal on Li) IRMO 0 (13 ---;\1,141\‘‘1111111 ; _O__ V) > m% .,, \ A,,,,,,,t,, ,,,,,,„ 0 a a F • . . \8 wow , J ....,_ ‘Nsillik„,. `gym .., 0- , \ (0 -- . �` \-. �*. .-...-...a U\\V‘,•:1 is Iw_ U..t � ‘ .1k.70Z\N, 11114 CZ Cr C ° c� , 1 II • ..,. ir e; c:' crir ' \‘40, CCI N-N N N-t- ' 1"" E3 \ _ Ntit\-::„. •___, 7, a, > CD _ ,,s,...'\\,,...:4\i'As\,., ,........... , LO Ale', i , Ei ') (7) 472Sr.f fa a 7 III t[t �— plenaino8 a3uapuadep -- _ _ ...r.--..uit, , ce)..._ im: or _il I:: _EL_ ) ,....... iliii Vail VI a �`:41 v -�j----mIli 1 f MINNI O L l' .. ii , - T Ill 1 c,) 'l _. s }} t Y � r � r 1 t N C _ T 87 ITEM—V-J.6 PLANNING ITEM#69936 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED,AS CONDITIONED, BY CONSENT,Application of NEW LIFE TABERNACLE OF VIRGINIA BEACH, INC. for a Conditional Use Permit re religious use at 3157 Shipps Corner Road, Suites 101 & 104 DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NEW LIFE TABERNACLE OF VIRGINL4 BEACH, INC. for a Conditional Use Permit re religious use at 3157 Shipps Corner Road, Suites 101 & 104 (GPINS 14951699990001, 14951699990002, 14951699990003, 14951699990004)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. The church shall not exceed two hundred(200)seats in the main sanctuary;however, the maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy and posted by the Fire Marshal. 2. A Certificate of Occupancy shall be obtained prior to occupancy of Suite 101. 3. Prior to the issuance of the Certificate of Occupancy, the applicant shall submit a Shared Parking Plan and Agreement to the Virginia Beach Planning Department that demonstrates the applicant's/owner's ability to use the shared on-site and off-site parking for the proposed church. Such agreement shall be subject to the review and approval of the Director of Planning or designee. 4. All signage on-site shall meet the requirements of the City Zoning Ordinance (CZO). 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 sign plan shall be submitted to the Zoning Office for review and permitting prior to the installation of any signage. Any existing signs that did not receive required permits shall be submitted to the Zoning Office for review. 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 7th day of January Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 \, , O r r F cr , No t—li‘ i \ ,,,.. , nr N i CO Aiiii.c. C''Y'''-''''1*:- V tt so .,,, ,,,,,\ ,- r\ a v 10 o `.... 4< ijto \ ik---4:41.:',', -; ',,,,--',..'-• . , r- ' _ m _N _,\i,\\-----tt -- 'yam `' ,-'; - u o \ 0 - rt m RS \ % ,s\------_-- .,,,. ------ ..!. 1\ 0 ., —-‘,...,_--.**'s.--: . , - \SI\ < , .. , \\ 0 _ N \,, %11 0 * et) 0 -- %\\--1\7 %4‘ , ___-,- \.,‘,,,, 0 COI V.A.\ •10 v. 11,1\\\11,k: -. i&INEININI -AN •,,,, t‹.\ ,-:. 7‘ QS '''\''\\'‘‘.111'7NIIP \ \ imm CO 14-11) tj J I\ . ------- ------\ t 55, j ' \ 4.- ,,' \ --•;•'-; L am" - C 5 r t _ J co al Cn \ / '''' -t---- - C C_ �� Y 't7 ` ,'' - ,_ ) ithOt, ____.5-. t� ra yi ; 88 ITEM—VI-J.7 PLANNING ITEM#69937 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, APPROVED,AS CONDITIONED, BY CONSENT, Application of CELLCO PARTNERSHIP DB/A VERIZON WIRELESS/JOHN S., JR. & KAREN S. WALLER for a Conditional Use Permit re communication tower at 2313 Treesong Trail DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CELLCO PARTNERSHIP DB/A VERIZON WIRELESS/JOHN S., JR. & KAREN S. WALLER for a Conditional Use Permit re communication tower at 2313 Treesong Trail (GPIN 2414756758) DISTRICT 7—PRINCESS ANNE 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 "Enlarged Site Plan,"prepared by Clark Nexsen, with a revised date of February 27, 2019. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage, if any, on the site and sign diagrams shall be required during detailed site plan review. 4. The maximum height of the tower shall be one hundred ten (110)feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance (CZO), the applicant shall obtain a Determination of No Hazard(DNH) to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation Office(FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two (2)years, the tower shall be removed at the applicant's expense. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of January Two Thousand Twenty. Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 Z `U-. t1 3 �' ti o C d E'\. ; GO 1 \ ,....., CD \ IP.01( -1 1 •...... •. a. ‘k % -,, . '''''''''\c"0,1„Pii..J. w.-771 \ it 0 — ko v v Ow L Li. s's 7 s..10 '' I to CL IX r ' % p1'i� l , V . • ci\-'.; - - - . --‘- 11" - -!..,,...---3'Nt(9/ ...,-.--1.. ' ic\L/ f P4) * c o t' ' ,tom a.► -a 1, i I p"" N rn o, CI \ y • f r � s- nNm a , [---, 89 ITEM—VI-J.8a PLANNING ITEM#69938 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, DEFERRED TO FEBRUARY4,2020,BY CONSENT,Application of CEBT PROPERTIES,LLC/VB HOMES DESIGN BUILD,LLC for a Conditional Use Permit re short-term rental at: a. 402B 27th Street—(DISTRICT 6—BEACH) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 90 ITEM—VI-J.8b PLANNING ITEM#69939 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, DEFERRED TO FEBRUARY4,2020,BY CONSENT,Application of CEBT PROPERTIES,LLC/VB HOMES DESIGN BUILD,LLC for a Conditional Use Permit re short-term rental at: b. 317 26'/a Street(DISTRICT 6—BEACH) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 91 ITEM—VI-J.8c PLANNING ITEM#69940 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, DEFERRED TO FEBRUARY4,2020,BY CONSENT,Application of CEBT PROPERTIES,LLC/VB HOMES DESIGN BUILD,LLC for a Conditional Use Permit re short-term rental at: c. 320 27th Street& 320 26'/2 Street(DISTRICT 6—BEACH) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 92 ITEM—VI-J.8d PLANNING ITEM#69941 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, DEFERRED TO FEBRUARY 4,2020,BY CONSENT,Application of CEBT PROPERTIES,LLC/VB HOMES DESIGN BUILD,LLC for a Conditional Use Permit re short-term rental at: d. 617 23rd Street, Unit 1 & Unit 5 (DISTRICT 6—BEACH) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent.• Guy K. Tower January 7, 2020 93 ITEM—VI-J.9a PLANNING ITEM#69942 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, DEFERRED TO FEBRUARY 4, 2020, BY CONSENT, Application of C AND D DEVELOPMENT COMPANY for a Conditional Use Permit re short-term rental at: a. 2416 Arctic Avenue—(DISTRICT 6—BEACH) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 94 ITEM—VI-J.9b PLANNING ITEM#69943 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council, DEFERRED TO FEBRUARY 4, 2020, BY CONSENT, Application of C AND D DEVELOPMENT COMPANY for a Conditional Use Permit re short-term rental at: b. 403 25`h Street(DISTRICT 6—BEACH) Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 95 ITEM VI-K. APPOINTMENTS ITEM#69944 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —BUILDING MAINTENANCE DIVISION —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS BROADBAND STEERING COMMITTEE CITIZENS COMMITTEE ON BOARDS AND COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINL4 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD January 7, 2020 96 ITEM VI-K. APPOINTMENTS ITEM#69945 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: EMERY CHICKEY Two year term 1/8/2020- 12/31/2021 BOARD OF BUILDING CODE APPEALS NEW CONSTRUCTION DIVISION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 97 ITEM VI-K. APPOINTMENTS ITEM#69946 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JANICE HALL (Alternate) CHERYL AVERY-HARGROVE (Alternate) Five year term 1/8/2020- 12/31/2024 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 98 ITEM VI-K. APPOINTMENTS ITEM#69947 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: WILLL4M BROWN (Representing—Development Authority Member) Unexpired term thru 8/31/2020 Plus five year term 9/1/2020—8/31/2025 OCEANA LAND USE CONFORMITY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 99 ITEM VI-K. APPOINTMENTS ITEM#69948 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MICHAEL RONAN Three year term 1/8/2020—12/31/2022 RESORT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 7, 2020 100 ADJOURNMENT ITEM#69949 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 9:20 P.M. 4-> Terri H. Chelius Chief Deputy City Clerk Amanda arne 1 MC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia January 7, 2020 101 OPEN DIALOGUE The following registered to speak: Craig Hensen, 1825 Garden Drive, Phone: 377-5270, spoke regarding violations of his rights concerning issues he has had with the Assistant District Attorney Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, did not respond Woodrow Moore, 2787 Tait Terrace, Norfolk, VA, Phone: 237-3730, requested assistance concerning a civil lawsuit he filed after he was assaulted at a car dealership in 2010. Tim Worst, 2556 Entrada Drive, Phone: 353-1555, requested to know who made the mistake and what accountability actions were taken concerning Bruce Thompson's Cavalier Road project which resulted in the additional cost to taxpayers in the amount of$250,000.00. Leonard Johnson, 1464 Mahadis Road, Phone: 515-4930, apologized to Council Member's Rouse and Wooten for his previous comments made during the Formal Session. Dr.James Allen, 395 Old Great Neck Road, Phone: 449-8322, did not respond ADJOURNED at 9:39 P.M. January 7, 2020