JUNE 25, 2013 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR W/LLIAM D. SCSSOMS, JR., At-Large
V/CE MAYOR LOUIS R. JONES, Bayside - District 4
GI,ENN R. DAV/S, Rose Hall - District 3
W77./.lAM R. DeSTEYH, At-Large
KOBF.RT M. DYER, Centerville - District 1
BA28ARA M. HENL,EY, Princess Anne - District 7
JOHND.MOSS, At-Large
AMEL/A ROSS-HAMMOND, Kempsville - District 2
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At-Large
JAMES L. WOOD, l.ynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CI!'Y ATTORNEY - MARK D. ST/LES
CITY ASSESSOR - JER,4LD D. BANAGAN
CITYAUDITOR- IYNDONS. REMIAS
CITY C/.ERK - RUTH HODGF.S FRASER, MMC
CITY COUNCIL AGENDA
25 June 2013
1. CITY MANAGER'S BRIEFINGS - Conference Room -
A. RESORT AREA POLICE STAFFING-STRATEGY
Chief James Cervera
B. CAVALIER RENOVATION and DEVELOPMENT (City Council Discussion)
C. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance Department
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
N, INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL COUNCIL
CITYHALL BUILDING
2401 COURTHOUSE DRlVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Crycncl@vbgov.com
3:30 PM
5:30 PM
C. RECESS TO CLOSED SESSION
I V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Walter A. Whitehurst
Pastor - Retired
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PRESENTATION
1. PROCLAMATION - Parks and Recreation Month
1. PUBLIC HEARINGS
1. Lease of City Property
a, Pedal Cab Taxi Service - Resort Area
b. 19th Street Market - 19th Street and Cypress Avenue
2. Franchise of City Property
31St Street Parking Spaces- Valet Use
June 11, 2013
J. PUBLIC COMMENT
1. Cavalier Renovation and Development
K. ORDINANCES/RESOLUTIONS
Ordinances to AMEND the City Code:
a. § 2-321 to INCREASE the membership of the Social Services Advisory Board
b. § 35-181 and ADD§35-186.1 re Admissions Tax
2. Resolution re 2014 Employee and Retiree Health Care Insurance Plan design and rate schedule
Ordinances to AUTHORIZE Franchise Agreements:
a. Parking spaces on Laskin Road between Arctic and Pacific Avenues re Valet Services
b. Pedal Cab operation in the Resort Area
c. Old Beach Farmers Market, Old Beach Green Market and Old Beach Art Market to
consolidate in the public right-of-way of the 600 block of 19t" Street on Saturdays from 6:00
A.M. to 1:00 P.M.
4. Ordinances re Compensation of Council Appointees:
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e. City Auditor
5. Resolution to APPOINT Tracee N. Hackett to the position of Associate City Attorney, effective
July 1, 2013
6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds:
a. $273,391 within the Museum's Budget re digital radio equipment for the Aquarium
b. $110,269 within the School's Budget re computer equipment
c. $271,668 from the Virginia Department of Agriculture and Consumer Services re
reimbursement for acquisition of a Preservation Easement at 3413 Land of Promise Road
d. $450,400 from the DEA Shared Asset Special Revenue fund re equipment and services for the
Police Department
e. $2,275,582 from Williams Farm Recreation Center CIP. Project to complete construction of the
Bow Creek Recreation Center
L. PLANNING
1, Ordinance to EXTEND the date for an additional six (6) months to satisfy the conditions of the
closure of a portion of Cleveland Street for Runnymede Corporation (approved July 2, 2012)
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION: APPROVAL
2. Application of GREG E. and MARY G. JAQUITH for a Variance to the Subdivision
Regulations, §4.4 (b), which requires all lots meet the City Zoning Ordinance (CZO) regulations re
creation of lots at 4166 and 4168 Charity Neck Road
DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL
3. Application of VAIL MARINE SERVICE and SUPPLY, INC./DIEHL, INC. for a Conditional
Use Permit re boat maintenance and storage at 583 South Birdneck Road
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
4. Application of CSA VIRGINIA BEACH, LLC and WINNER'S REAL ESTATE HOLDINGS,
LLC for a Conditional Use Permit re indoor shooting range at 5070 Virginia Beach Blvd
DISTRICT 4 - BAYSIDE
RECOMMENDATION:
APPROVAL
5. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO):
a. §238 re Permitted Principal Uses and Structures in Mobile Home Parks
PLANNING COMMISSION RECOMMENDS
STAFF RECOMMENDS
b. §901 re Bakeries, Confectioneries, and Delicatessens
RECOMMENDATION:
M. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
N. UNFINISHED BUSINESS
0. NEW BUSINESS
APPROVAL
INDEFINTE DEFERRAL
APPROVAL
P. ADJOURNMENT
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
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2013 CITYHOLIDAYS
Iiztlepentience Dtcy - T/iursdcry, July 4
Lcrboj- Day - Moticluy, September 2
Veterans Dtiy - Monrlay, Noveniber l1
T{ranksgivittg Day & Day crf'ter Tlicrnksgivirtg - Thursday,
November 28 & Frirlay, November 29
Cliristmris Eve ({aalf=drxy) - Tuesdtcy, December 29
C{iristmas Day - Weclnestlay, December 25
6/25/13 st
CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM
A. RESORT AREA POLICE STAFFING-STRATEGY
Chief James Cervera
B. CAVALIER RENOVATION and DEVELOPMENT (City Council Discussion)
C. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance Department
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL COUNCIL
C. RECESS TO CLOSED SESSION
V. FOIUVIAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayar William D. Sessoms, Jr.
B. INVOCATION: Reverend Walter A. Whitehurst
Pastor - Retired
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS June 11, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PRESENTATION
1. PROCLAMATION - Parks and Recreation Month
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Whereas: rPzrks aridrecreation proQrams are an irzteQraCpait of trie City of'Virginin Beacfi witl 265 parft¢
ancfpark,facifities, seveli commulcity recreation ceriters, 5,613 acres of parkCaacf,• aitd
Wkereas: Eig(ty-tlree percertt of t(e commuttity resicCes withitt a(za f miCe coinmute to a ynrk- vfrd
'GV4ereas: <1'arG?s andrecreation programs are vitaCCy irnportarzt to estn6Cisfiiug arrrf rnaiittnining t(e quaC'ty
of Cfe itt ourcomrnunity, ensuring the (eaCt( of a!(citizeru, progrnnuning active nndpnssive
activities for citizenu, aird contriGuting to t(e ecortomic aird envirornneata[ weC!-6efrrd of our
cornrnuiiity,• avid
WFtereas 10arks andtecreation is att integraCpart of Envi.siwt rVitginia (Beach 2040 andconc,iGuccs to the
ac(ievemettt of t(e sustairua6i?ity pCait; attcC
W(erens: 4'arks aiuf recreatiort programs provtde tfierapeutic recreatioiti services far iiividiraGs ivitli
cognitive orp(ysicaCiroeeds,• araC
Wkenas: qTze Parks and Xecreation rDepartment is the fargest yoiit( deveCoprrsent providcr in the city
serving over 8,800 c(iCdren aranudfCy; aru!
WFiereas: Parks and recreation programs increase a commuriity's econwm'c prosperity t(roug( increased
property vafues, increased tourism, t(ce attraction aicd reteittioti of Gusinesses, azd crime
reductiori; arad
'GVfiereas: r1'arks aitd naturaCareas improve water quaCity, incyrove t(e qunCity of trie air 2ve Grentfie, nnd
procfuce (aGitat for wiCrfCife; ar¢d
Wfiereas: Parks aruC rwturaC areas arut open space eruure the ecoCogrcnC 6eauty af oitr cormaunity nud
provide a place for ckiCdten aruf adufts to coracect unt( iwture aitdreaeate outdoors; aud
W(e>eas: flre 7rust for Tu6Cic Laltd recentCy raitked Viigittict (Beach as the 3t( Gest park system
nationaCCy,• aiid
W&erear. iTzis year is the 501h anniversary of t(e City aruC Parks and Recreatiori erutbCes our citizens
countless ways to Cve the Cfe.
Now, rgierefore, I, WflCtam ?D. Sessoms, Yr., %ayor of trie City of'Virgirtia Beacfz, do fzere6y ?ProcCaim:
_Vuly 2013
Parks andRecirdeation Wontfi
Irr 7/irgiitia l?eacfi, niuf I encournge nCCcitzzens, city inem6ers aiidcivic orgarcizatioiu to joirt nte in supportiirg
our lr'nrfZs nnrCqt,ecreationprograrns 6y visiting a community recreatioa certter, parkorat(ernaturitCarea.
In Witness W(tereof, I(ave (ereunto set my (aicd artd caused the OfficinlSeaCof the City of Virgiiira Beacfi,
Virginia, to Ge nffi?(,ecftliis7weitty-fiftfi day ofyune, 7ivo TitousaiufrlCirteert.
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'WiClian ?(. Sessoms, ?r.
'Afayor
I. PUBLIC HEARINGS
L Lease of City Property
a. Pedal Cab Taxi Service - Resort Area
b. 19th Street Market - 19th Street and Cypress Avenue
2. Franchise of City Property
31 St Street Parking Spaces- Valet Use
J. PUBLIC COMMENT
1. Cavalier Renovation and Development
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PUBLIC NOTICE
LEASES OF CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING at 6:00 P.M.
on June 25, 2013, in the City Council
Chambei regarding the proposed
beach pedal cab taxi service and 19t"
Street Market franchise leases of
City-ownetl property located at the
following locations:
Pedal cab taxi service on
public property in and
around the Resort Area
600 block of 19th Street at
the intersection of Cypress
Avenue to a point 300 feet
east of the intersection
The purpose of the Hearing will be to
obtain public comment on the
proposed leases of City property. A
copy of the Franchise Lease
Agreements are on file in the City
Clerk's office. The City Council
Chamber is located on the second
floor of the City Hall building (Building
#1) at 2401 Courthouse Drive,
Virginia 8each, Virginia 23456. Any
questions concerning the above-
referenced Franchises should be
direct to Mike Eason, SGF{/Resort
Management Office, by calling (757)
38''r6639.
Ruth Hodges Fraser, MMC
City Clerk
Beacon June 16 & 23, 2013
23627066
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PUBLIC HEARING
FRANCHISE OF CffY
PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on Tuesday,
lune 25, 2013, at 6:00 p.m. in the
Council Chamber, City Hall - Bldg.
#1, at the Virginia Beach Municipal
Center. The purpose of this Hearing
will be to obtain public comment on
the proposed franchise of the
following City-owned property:
Three (3) parking spaces
located on the North sitle
of 31•t Street between
Arctic and Pacific
Avenues, adjacent to 31
Ocean, to be used for
valet stations and
queuing areas.
If you are physlcalty disabled or
visualy fmpaired and need
assistance at this meeting, please
cail the CITY CLERK'S OFFICE at 385-
4303; Hearing Impafred, call TDD
only 711.
Any questions concerning this matter
should be directed to the Strategic
Growth Area - Resort Management
Office, 2101 Parks Avenue, Suite
302, Virginia Beach, VA 23451,
(757) 385-4800,
Ruth Hodges Fraser, MMC
City Clerk
BeaconJune 16.2013 23629773
K. ORDINANCES/RESOLUTION
1. Ordinances to AMEND the City Code:
a. § 2-321 to INCREASE the membership of the Social Services Advisory Board
b. § 35-181 and ADD§35-186.1 re Admissions Tax
2. Resolution re 2014 Employee and Retiree Health Care Insurance Plan design and rate schedule
Ordinances to AUTHORIZE Franchise Agreements:
a. Parking spaces on Laskin Road between Arctic and Pacific Avenues re Valet Services
b. Pedal Cab operation in the Resort Area
c. Old Beach Farmers Market, Old Beach Green Market and Old Beach Art Market to
consolidate in the public right-of-way of the 600 block of 19th Street on Saturdays from 6:00
A.M. to 1:00 P.M.
4. Ordinances re Compensation of Council Appointees:
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e. City Auditor
5, Resolution to APPOINT Tracee N. Hackett to the position of Associate City Attorney, effective
July 1, 2013
6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds:
a. $273,391 within the Museum's Budget re digital radio equipment for the Aquarium
b. $110,269 within the School's Budget re computer equipment
c. $271,668 from the Virginia Department of Agriculture and Consumer Services re
reimbursement for acquisition of a Preservation Easement at 3413 Land of Promise Road
d. $450,400 from the DEA Shared Asset Special Revenue fund re equipment and services for the
Police Department
e. $2,275,582 from Williams Farm Recreation Center CIP Project to complete construction of the
Bow Creek Recreation Center
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CITY OF VIRGINIA BEACH
` AGENDA ITEM ,
ITEM: An Ordinance to Amend City Code Section 2-321 to Increase the Membership
of the Social Services Advisory Board
MEETING DATE: June 25, 2013
¦ Background: The City Code currently provides that the Social Services
Advisory Board shall have seven members. State law, however, allows City Council to
expand the membership to provide for increased citizen representation on the board.
¦ Considerations: This amendment will increase the membership of the board
from seven to nine members. It also adds a reference to the state-imposed term limits
for board members.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Recommendations: Adoption
¦ Attachments: Ordinance
Requested by City Council
REQUESTED BY CITY COUNCIL
1 AN ORDINANCE TO AMEND SECTION 2-321
2 OF THE CITY CODE TO INCREASE THE
3 MEMBERSHIP OF THE SOCIAL SERVICES
4 ADVISORY BOARD
5
6 SECTION AMENDED: § 2-321
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 2-321 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 2-321. Creation of social services advisory board; general function; powers
15 and duties.
16 (a) There is hereby created a social services advisory board for the city,
17 which shall consist of seven (7) nine 9 members appointed by the city council. The
18 director of human services shall be an ex officio member, without any voting privileges.
19 (b) The board shall act in an advisory capacity to the director of human
20 services with respect to the duties and functions imposed by title 63.2 of the Code of
21 Virginia.
22 (c) The powers and duties of the board shall be as enumerated in section
23 63.2-305 of the Code of Virginia.
24 (d) As reauired bv section 63.2-305 of the Code of Virqinia and
25 notwithstandinq the provisions of Citv Code section 2-3(b) no votinq member shall
26 serve more than two consecutive four-vear terms.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2013.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA12676 R-1 June 17, 2013
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: An Ordinance to Add Section 35-186.1 and to Amend Section 35-181 of the
City Code Pertaining to the Admissions Tax
MEETING DATE: June 25, 2013
¦ Background: The Commissioner of the Revenue (the "Commissioner") is
charged with the assessment of the admissions tax within the City. As set forth in City
Code § 35-182(e), the customer is responsible for paying the tax. Businesses that
charge admissions are required to collect, hold such taxes in trust, and remit the taxes
to the City on a monthly basis. On May 28, 2013, the City Council adopted an
amendment to § 35-186 to provide that the operator of a"place of amusement" bears
the ultimate responsibility for the collection of the admissions tax.
¦ Considerations: The attached ordinance seeks to address three issues that are
separate but related to the May 28th Ordinance. First, the ordinance defines "event
promoters" for purposes of the admissions tax. Put simply, "event promoters" are
persons or businesses that seek to register an account with the Commissioner to collect
admissions taxes and the person or business is not a"place of amusement."
Second, the ordinance imposes bond requirement for admissions tax accounts when
such person or business desires to collect a cover charge. The bond is an annual bond
for a place of amusement with the amount of the bond keyed to a month's collection of
admissions tax. For event promoters, the bond is calculated based upon the projected
attendance of an anticipated event. For either type of bond, the minimum amount is
$1,000.
Third, the ordinance provides for the Commissioner to provide evidence of compliance
with the bond requirement discussed above. The operator of a place of amusement or
the event promoter is required to produce this evidence of compliance upon demand by
an agent of the Commissioner or any law enforcement officer during the hours of
operation of the place of amusement or the duration of an event where a cover charge
is collected. The failure to provide this evidence of compliance is a misdemeanor.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Attachment: Ordinance
Recommended Action: Approval ?
Submitting Department/Agency: Commissioner of the Revenue
City Manage .
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1 AN ORDINANCE TO ADD SECTION 35-186.1 AND
2 TO AMEND SECTION 35-181 OF THE CITY CODE
3 PERTAINING TO THE ADMISSIONS TAX
4
5 SECTION ADDED: 35-186.1
6
7 SECTIONS AMENDED: 35-181
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g NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained
13 to read as follows:
14
15 Sec. 35-181. - Definitions.
16
17 The following words and phrases, when used in this article, shall, for the purposes
18 of this article, have the meanings ascribed to them in this section, except where the
19 context clearly indicates a different meaning:
20 Admission charge means the amount paid for admission to any event which is open
21 to the general public and to which admission is charged, exclusive of any federal tax
22 thereon, including a charge made for season tickets. In the case of season tickets,
23 the basis for the admissions tax shall be the price of comparable tickets or seats;
24 provided, however, that if there are no comparable tickets or seats, the basis for the
25 admissions tax shall be the price of a season ticket divided by the number of events
26 the season ticket holder is entitled to attend. If an event is comprised of several
27 performances, and an admission charge must be paid for each separate
28 performance, each performance shall constitute an "event" for purposes of this
29 article. "Admission charge" shall not include the registration fee paid by persons
30 who attend a conference, convention, seminar, symposium or similar event
31 provided a majority of the attendees are, prior to registration, members of the
32 organization conducting the event.
33 City treasurer means the treasurer of the city and any of his duly authorized
34 deputies and agents.
35 Commissioner of the revenue means the commissioner of the revenue of the city
36 and any of his duly authorized deputies and agents.
37 Event promoter means a person or business entity that reqisters an admissions tax
38 account with the commissioner of the revenue and such person or business entity
39 does not meet the definition of a"place of amusement."
40 Place of amusemenf has the meaning provided bv section 35-182(a)(4).
41
42 a•..
43
44 Sec 35 186 1 Requirement of bond or other form of securitv for restaurants
45 and similar businesses that collect a cover charqe; Requirement of bond for
46 event promoters.
47
48 (a) The commissioner shall require all restaurants clubs or anv other similar
49 businesses that desire to collect an admission charqe commonlv referred to as a
50 "cover charqe" to post annually a bond with corporate suretv to insure faithful
51 performance of the business's duties to the citv as to admissions taxes collected
52 and held in trust for the city. The bond includinq the corporate surety thereon, shall
53 be in a form deemed satisfactory to the citv attornev. The bond shall be in an
54 amount not less than the larqest monthly admissions tax collection bv the business
55 during the previous tax year or, for a new business an amount based uqon the
56 maximum occupancy of the place of amusement with all such_determinations to be
57 made by the commissioner of the revenue Notwithstandinq the foreqoinq
58 provisions no such bond shall be issued or accepted in an amount less than one
59 thousand dollars ($1,000.00).
60
61 (b) The commissioner shall require anv "event promoter" that desires to
62 collect an admission charge commonly referred to as a"cover charqe" to post a
63 bond for each event with corporate surety to insure faithful performance of the event
64 promoter's duties to the city as to admissions taxes collected and held in trust for
65 the city. The bond includinq the corporate suretv thereon shall be in a form
66 deemed satisfactorv to the city attorney The bond shall be in an amount not less
67 than the anticipated cover charge multiplied by the maximum occupancv of the
68 location of the event utilizinq a ten percent hourly turn-over multiplier as determined
69 b the commissioner of the revenue Notwithstandinq the foregoinq provisions, no
70 such bond shall be issued or accepted in an amount less than one thousand dollars
71 ($1,000.00).
72
73 (c)The commissioner of the revenue may accept an irrevocable letter of creditin
74 lieu of the bond required bv this section provided that the letter must be reviewed
75 and approved bYthe city attorney.
76
77 (d Upon completion of the foreqoinq requirements and review bv the commissioner
78 of the revenue the commissioner of the revenue shall provide evidence of
79 compliance with this section to the operator of a place of amusement or the event
80 promoter The operator of a place of amusement or event promoter shall produce
81 the receipt or evidence of compliance with this section upon demand bv an a eg_nt of
82 the commissioner of the revenue or any law enforcement officer of the city. The
83 operator of the place of amusement or the event promoter shall be quiltv of a Class
84 1 misdemeanor for the failure to produce the evidence of compliance when demand
85 for same has been made bY either an aqent of the commissioner of the revenue or
86 any law enforcement officer.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Commission the Revenue City Attorney's Office
CA12657
R-2
June 11, 2013
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Regarding the City's 2014 Employee and Retiree Health Care
Insurance Plans
MEETING DATE: June 25, 2013
¦ Background: The City and Schools operate a joint self-insured health insurance plan,
which is overseen on a daily basis by the Consolidated Benefits Office. The Benefits Executive
Committee (BEC) is charged with making recommendations to the City Manager and the
Superintendent of Schools on plan design and annual rates for the various plans offered. The
BEC has presented recommended changes for Plan Year 2014.
¦ Considerations: There are roughly 14,900 City and School employees and retirees
currently enrolled in the health insurance plans offered. The cost of providing employee and
retiree health care coverage is increasing due to utilization and mandated federal health
insurance reform changes including eligibility for employees who work on average thirty or more
hours per week, the individual mandate, the temporary reinsurance fees and the comparative
effectiveness fees. Accordingly, plan design changes are necessary to reduce the gross cost of
the health plan and minimize the rate increases while still maintaining the approved City cost
share of approximately 80%.
¦ Recommendation: It is recommended that the rate schedule outlined in Exhibit A and
that the plan design changes set forth in Exhibit B be implemented for Plan Year 2014. This
represents a revised recommendation based on feedback from City Council and School Board
members at the joint June 4, 2013, briefing. Materials describing the changes to plan design
were distributed in your Friday packet last week. The changes recommended will reduce
projected Health Plan costs by $3.8 million and increase the sustainability of the continued
coverage.
¦ Public Information: The City Council and School Board jointly received a public briefing
on the Health Insurance Program on June 4, 2013. Public information will also be provided
through normal advertisement of the Council agenda.
¦ Attachments: Resolution, Rate Schedule Exhibit A, Plan Design Changes Exhibit B,
Joint City/School 2014 Health Care Plan Update & Recommendation
Recommended Action: Approval
Submitting Department/Agency: Management Services
City Manage
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A RESOLUTION REGARDING THE CITY'S 2014
EMPLOYEE AND RETIREE HEALTH CARE
INSURANCE PLANS
WHEREAS, the next Health Care Plan year takes effect January 1, 2014; and
WHEREAS, the Benefits Executive Committee has recommended some changes
to the health care plan offerings and to the rates for plan year 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT
The City Manager, or his designee, is hereby authorized to work with the
Consolidated Benefits Office to implement the Health Care Offerings to City
employees as outlined below:
a. Adopt the rates set forth in Exhibit A for plan year 2014.
b. Implement the plan design changes and enhancements set forth in Exhibit
B for plan year 2014.
2. The City Auditor is directed to conduct an audit of health care ciaims by an
independent outside firm. The City Auditor is also directed to perform periodic
audits of the health care program as deemed necessary.
3. The City Auditor is directed to provide for an actuarial evaluation of retiree health
care costs biannually.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 2013.
APPROVED AS TO CONTENT
?
?
Manag en Services
APPROVED AS TO LEGAL SUFFICIENCY:
City At orney's Office
CA12673
R-1
June 11, 2013
EXHIBIT A
PLAN YEAR 2014 RATES
2014 Active School and City POS Rates with VBWeIlnessforLife Incentive*
Tier Total Cost Employer
Contribution Employee
Contribution
Employee Only $490.62 $441.56 $49.06
Employee & Child $794.67 $668.87 $125.80
Employee & Children $1,198.17 $861.43 $336.74
Employee & Spouse $1,143.76 $840.14 $303.62
Fa m ily $1,601.02 $1,019.06 $581.96
2014 Active School and City POS Rates without VBWeIlnessforLife Incentive*
j-- Tier
; Total Cost Employer
Contribution Employee
Contribution
?---
? Employee Only $490.62 $399.89 $90.73
? Employee & Child $794.67 $627.20 $167.47
Employee & Children $1,198.17 $819.76 $378.41
Employee & Spouse $1,143.76 $798.47 $345.29
Family $1,601.02 $977.39 $623.63
*The amounts shown are monthly rates.
FXI fIBIT I3
PLAN DESIC'?N CHANGFS FOR PLAN YEAR 2014
1. Increase the Point of Service deductible to $3005600
2. Remove the Point of Service deductible from applying to office visits and urgent
carc visits
3. Increase the Point of Service hospital copay to $500
4. Increase the Point of Service outpatient surgery copay to $250
5. Increase the pharmacy copays if a non-preferred pharmacy is utilized to:
Preferred Tier $15
Standard Tier $30
Premium Tier 25% Min $45, Max $60
Preinium Ylus "I'ier 50% Min $60, Max $120
If a preferred pliarmacy is utilized the copays will remain:
Preferi°ed "I'i er $10
Standard 'I'icr $25
Yrcmium 25% Min. $35, Max $50
Prcmium Plus 'l'ier 50% Min $50, Max $100
6. Implemcnt a preferred pharmacy network
7. Increase ihc Poini of Service global maternity office visit copay to $200
8. Implement "i'elemedicine - MDLive
9. Implement Accordant Rare Disease Management
10. Iniplement Sentara Quality Care Network (SQCN) for a one year commitment as
a pilot program with future decisions whether to continue this enhancement in the
l'uture
City of Virgi n:i a 8 each
?
4
s?t?F DUR NAS'?N,?"d
V11gOY.COI2]
OFFICE OF THE CITY MANAGER
(757) 385-4242
FAX(757) 427-5626
June 14, 2013
The Honorable Mayor and
Members of City Council
Subject: 2014 Health Care Plan Design & Rates
Dear Mayor and Council Members:
MUNICIPAL CENTER
BUILDING 1, RoOM 234
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 234569001
The Benefits Executive Committee (BEC) appreciated the feedback provided by city and school
leadership during the June 4, 2013, comprehensive briefing on our 2014 Health Plan projections
and strategy. The attached document provides answers to questions asked during the briefing as
well as a revised recommendation on changes to plan design and the resulting impacts to
employee rates and total plan cost.
The BEC has spent a tremendous amount of time over the past five months along with Mercer,
our health care consultant, to analyze our health care data, trends, costs, plan design change
options and strategies. Based on your feedback, the BEC has developed revised
recommendations that will reduce projected plan costs by $3.8 million. We believe the new plan
design more closely approximates the cost savings city and school leadership desires while still
providing reasonable cost sharing with our employees.
An ordinance outlining the revised Health Plan recommendations will be prepared and placed on
the June 25, 2013 agenda for your consideration. If you have any questions before you consider
the ordinance, do not hesitate to contact me or Linda Matkins, Director of Benefits at 263-6917.
Sincerely,
iCurtis
Deputy City Manager
CAC/amh
James K. Spore, City Manager
Management Leadership Team
Benefits Executive Committee
Joint City/School
2014 Health Care Plan Update
and Recommendation
VIltGlNtA. BEACM C1TY PUBLiC SCMOOL5
A H E A D O F T H E C U R V E
City of Virginia Beach
Virginia Beach City Public Schools
June 14, 2013
Is the $200 maternity payment a copayment for each visit?
Increase POS global matemity office visit copay #o $200 ($50) (< $0.1 miliion) YeS
The $200 global maternity office visit copay would not be for each visit. The Maternity Care
benefit on the Point of Service plan provides coverage at 100% following the payment of the
annual deductible, a$40 copay for confirmation of pregnancy visit, and a$50 copay for
remaining outpatient OB services referred to as the global payment. This covers routine
prenatal and postnatal care rendered by the OB/GYN, and does not cover inpatient hospital
admission or any other applicable charges. The recommendation is to increase the global
payment from $50 to $200 for a cost savings to the plan of approximately $100K. While the
change is not a large cost savings, it brings our plan design in alignment with our neighboring
municipalities and school divisions.
Provide an explanation of the difference between the limited and preferred pharmacy options,
and why we selected one over the other.
Limited pharmacy netvvcuk ($1. 1 milGon) No
Preferred pharmacy network ($0.6 million) Y'eS
Preferred Pharmacy - The preferred pharmacy option allows employees to have prescriptions
filled at any pharmacy currently under the Optima Health network; however, copays would be
lower if prescriptions are filled at the two preferred pharmacies. By incenting prescriptions to
be filled at preferred pharmacies, there would be a projected savings to our plan of
approximately $600K due to lower negotiated rates with the preferred pharmacy providers. A
review of our plan data indicates that 35% of our current members have prescriptions filled
with the recommended preferred providers. This is the highest utilization of a chain pharmacy
in combination with another available retail pharmacy to achieve these savings.
Limited Pharmacy - The limited pharmacy option excludes prescriptions to be filled at one of
the retail chain pharmacies, representing 27% of scripts filled. There would be a projected cost
savings of $1.1M due to lower negotiated rates with other participating pharmacies.
We would recommend increased pharmacy copays in either scenario; however under the
preferred option the employee may avoid the higher copay by filling prescriptions at a
preferred pharmacy. Additionally the preferred pharmacy option creates an option for
employees to be better consumers, and allows employees to obtain maintenance medications
to manage their health; which aligns with the mission of the VBWellnessforLife program.
The Preferred Pharmacy option is recommended over the Limited Pharmacy option due to
disruption to employees.
City of Virginia Beach
Virginia Beach City Public Schools 2 June 14, 2013
Provide a greater explanation of the individual mandate, reinsurance, and comparative
effectiveness fees. Must we maintain our own reinsurance coverage if we have to pay this
federally mandated reinsurance fee?
2014 HCR Gross Cost Impact (in mil(ions}
30+ Hour Eligibility $3_0
individual PJlandate $4.3
Reinsurance Fees $1.9
Comparatiue Effectiweness Fee $0.1
otal $9.3
Individual Mandate - Individuals must obtain minimum essential coverage through an
employer, individual exchange, or Medicaid, or face an individual penalty. The penalty would
be the greater of a flat dollar amount or a specified percentage of income. There are 2057
school and 588 city benefits eligible employees that are not enrolled on the City/Schools' health
care plan. The Consolidated Benefits Office conducted a survey of these employees. A 20%
response rate was received with 96.7% of the responses stating they have other health care
coverage. Of those that responded, 49% have coverage through their spouse's plan and 42.1%
have Tricare. Based upon the survey results and other assumptions made by our actuary, it was
assumed for projection purposes that 25% of those not enrolled will elect coverage for
January 1, 2014. The projected cost assumed that these employees would enroll in the lowest
cost plan at the employee-only tier.
Reinsurance Fees -The federally mandated Reinsurance Fee is expected to be temporary
through 2016 to stabilize insurance premiums in the individual market by funding reinsurance
payments to health insurance issuers that cover high-risk individuals on the individual market
and providing revenue to the federal government. The fee equals the average number of
covered lives (includes dependents) during the benefit year, times the national contribution
rate for that benefit year. It is payable by self-funded plans as well as health insurers. For 2014
the national contribution rate is $63 per covered life. Enrollment must be reported by
November 15th each year (2014, 2015, and 2016). Then the Department of Health and Human
Services will provide notice of final fees by December 15th. Payments are due 30 days
thereafter. Separately as a self-funded plan, we carry $500K individual stop-loss coverage,
which we will continue, to protect our plan from high cost claims. Our stop loss carrier pays
claims in excess of $500K per individual.
Comparative Effectiveness Fee - The Comparative Effectiveness Fee, or Patient-Centered
Outcomes Research Institute fee, is a federally mandated payment to fund research on
outcomes and clinical effectiveness of inedical treatments. The fee is $1 per covered life per
year in 2013, will increase to approximately $2 in 2014, and will be adjusted in future years
through 2019 based upon projected per capita amount of national health expenditures.
City of Virginia Beach
Virginia Beach City Public Schools 3 June 14, 2013
Of the 9% trend, what portion is attributable to medical versus pharmacy? Nationally, the
health care spend is 6%.
Mercer's actuarial trend guidelines for 2014 allow for pharmacy trend to 8.5% and medical
trend to 9%. 2012 trend exceeded both of those estimates with pharmacy specific trend for
2012 at 13.5%. When developing rates for 2014 we had no real trend information for 2013
because of the timing of our analysis. We estimated trend at 9% for both medical and pharmacy
for 2014. Pharmacy represents 22% of our total health care spend.
Note that while the VBWellnessforLife program incentive did not begin until January 2013,
employees received biometric screenings required for the program between April 1, 2012 and
October 31, 2012. Identification of certain conditions and adherence to medications for these
conditions may have contributed to the increase in pharmacy spend in 2012. An increase in
costs was anticipated in the first year of the program due to physician visits for chronic
conditions and medication adherence. Proper management of chronic conditions is expected
to avoid utilization of higher cost services as we extend into the second year of the program
into 2014.
While the national trend is approximately 6%, it is net of plan design changes. National trend
prior to plan design changes has been approximately 8.5%.
Nationally a family of four spends $20,000 on health care. How does this compare to our plan?
The 2013 Milliman Medical Index sites the total annual cost of healthcare for a typical family of
four covered by a PPO plan is $22,030. The figures presented by Milliman include the employer
contribution towards the total cost of the health care coverage. Accordingly, of the $22,030
total medical cost for a family of four, pursuant to Milliman data the employer pays about
$12,886 toward this cost while the employee pays the remaining $9,144, consisting of $5,544 in
employee contributions and $3,600 in employee out-of-pocket expenses.
The potential costs for a family on the Virginia Beach POS plan in 2013 assuming participation in
VBWellnessforLife vary depending on utilization of the plan. However, the employer is expected
to pay on average $11,182 toward families' costs, while the employee pays the remaining
$6,386 in employee contributions for a total of $17,568. For out-of-pocket expenses highlighted
in the Milliman Medical Index, high-utilizing employees on the Virginia Beach POS plan utitizing
in-network services may pay up to the maximum out-of-pocket limit of $3,000. Note that
members utilizing out-of-area network and out-of-network services may incur additional costs.
City of Virginia Beach
Virginia Beach City Public Schools 4 June 14, 2013
Please show the employer contributions for active employees and retirees for city and schools.
Employer Contributions
Fiscal Year Total
Fiscal Year 6/30/2009 $83,089,905.68
Fiscal Year 6/30/2010 $86,082,373.62
Fiscal Year 6/30/2011 $88,664,859.48
Fiscal Year 6/30/2012 $85,912,795.37
Fiscal Year 6/30/2013 (projected) $90,053,050.00
What are the criteria to be compliant in the VBWellnessforLife program? Is the incentive based
on achieving certain outcomes?
The incentive for the vBWellnessforLife program is not based upon achieving health outcomes
or goals, but rather determines health risk through a biometric screening and lifestyle
questions, and requires quarterly participation with a health coach if 2 or more health risks are
present. The program looks at the following health risks:
• Body Mass Index (BMI) - equal to or greater than 27 (determined by height and weight)
• Blood Pressure - If greater than or equal to 140/90 (if higher in either number)
• Total Cholesterol - If greater than or equal to 200
• Hemoglobin A1c - if 7% or greater
• Weekly exercise - If less than 3 times each week
• Tobacco use in the past 3 months
Health coaching services are provided through Optima Health's clinical care team and their
partner HealthyroadsO. HealthyroadsO provides a comprehensive telephone-based health
coaching program with award winning online tools. Health coaches work with participants to
help set and meet participant's goals and design personal meal and exercise programs.
Participants can also measure their progress with online trackers and have 24/7 access to
health information.
The City/Schools have not yet considered an outcomes-based approach to the vBWellnessforLife
program. In the October 2012 Benefits Magazine from the International Foundation of
Employee Benefit Plans, they state "due to the lack of scientific evidence, the controversial
nature of this approach and the potential backlash from employees, companies considering this
strategy should do so cautiously." The article goes on to explain that "reward programs, or
carrots, are more likely to convey a sense of cooperation between employer and employee in
seeking a mutually beneficial goal-healthier employees. One of the controversial outcomes
stated in the article discusses that "the most vulnerable individuals may end up having to pay
more. Research shows the rates of poor outcomes tied to behaviors (smoking, for example)
tend to be higher for racial and ethnic minorities or workers who are less educated, older or
poor. Often, those are the employees without access to healthy, affordable food or safe spaces
in their communities where they can be physically active."
City of Virginia Beach
Virginia Beach City Public Schools 5 June 14, 2013
Please provide outcomes data on the on-site pharmacy being offered by Chesapeake Public
Schools.
The independent pharmacy established by Chesapeake Schools opened March 18, 2013, and
while there are no outcomes data at this time, we will follow and monitor the progress of this
program.
A suggestion was made for outside organizations and large employers to participate on our
Benefits Executive Committee.
The City/Schools do not have representation of outside organizations participating on the
Benefits Executive Committee; however, the oversight of the plan is managed as follows:
The Benefits Executive Committee is comprised of executive leadership within the City and
Schools, bringing the interests of the financial, human resources, and benefits perspectives to
the discussion of health care.
The City Attorney's Office provides an attorney as legal counsel to ensure that the health plan
meets all legal requirements.
The Director of our Consolidated Benefits Office is an Executive Board Member of the Virginia
Business Coalition on Health and a Member of the Virginia Chamber of Commerce's Executive
Health Care Committee, collaborating with other business leaders, both public and private, in
the Commonwealth regarding health care.
Mercer contributes to the BEC meetings, providing actuarial and healthcare expertise for the
analysis of our clinical data, financial projections, knowledge of trends, industry standards, and
leading edge options and solutions for consideration. Nfercer has the experience and expertise
in all aspects of employee benefits related to public and private employers, with a diverse client
base in terms of size, maturity, industry sector and geographic location. Mercer's Survey of
Employer-Sponsored Health Plans is the nation's largest, most authoritative annual survey on
the top of health benefits. Mercer utilizes data from their national survey, providing Virginia
Beach with benchmarking data that provides the opportunity to compare our plan to our peer
groups.
What would be the percent increase on our plan without the added cost of the Affordable Care
Act?
The combined medical and pharmacy trend claims trend is expected to be 9% versus the 12.2%
increase with the added cost of the Affordable Care Act.
City of Virginia Beach
Virginia Beach City Public Schools 6 June 14, 2013
Why did the BEC not recommend the spousal surcharge change for 2014?
Surcharge for spouses with avai{able employer coverage ($0.8 million) NO
To remain competitive for recruitment and retention, the City and Schools are concerned with
implementing this option. Administration of this option would be reliant upon self-reported
certification by the employee that the spouse did not have access to other coverage. Spouses
currently represent 11% of total enrollment.
Explain the expansion of Medicaid in Virginia, and if it would be a desirable plan if offered?
The Affordable Care Act allowed each state the ability to expand the income threshold for
Medicaid eligibility to 138% of the federal poverty level. This would allow more low income
individuals access to Medicaid coverage. Not all states have agreed to expand coverage.
Virginia is one of the states that have not agreed to Medicaid expansion to date. Medicaid
expansion has the potential for some employers to reduce the number of employees enrolled
in their plans if employees decide to enroll in Medicaid. For 2014 we do not have any favorable
impact estimated as a result of Virginia Beach employees migrating off of the employer plan.
Incremental changes are made to our plan year-over-year, making small financial changes. Why
hasn't there been a complete plan design change and the use of a high deductible health plan.
We are working towards lowering trend through programs like "WellnessforLife and other
value-based benefit designs, Accordant Rare Disease Management, and the use of SQCN
(Sentara Quality Care Network) to manage health and affect trend, rather than through
cost-shifting to the employee.
The salary for nearly 40% of our benefits-eligible employees is less than $40K annually and
there is a concern with cost-shifting to a full-replacement high deductible health plan that we
will not remain competitive with neighboring cities and school divisions.
The City/Schools currently offer a High Deductible Health Plan with a Health Savings Account
option, but only represents 1.4% of total enrollment. It does, however, provide a lower cost
plan option. It has a$1,250/$2,500 deductible with most services covered at 70%, and a$500
annual employer contribution into the Health Savings Account. The 2013 monthly premiums
(with VBWellnessforLife) are Employee Only $26.94 and Family $237.00 (based upon 12-month
premiums).
In addition to an in-house pharmacy, it was suggested that we consider an on-site clinic.
We will research and consider an in-house pharmacy and on-site health clinic as future
considerations.
City of Virginia Beach
Virginia Beach City Public Schools 7 June 14, 2013
While our plan provides adequate coverage, it was stated that our plan is unaffordable and we
should consider changing the coverage levels to make it more affordable to employees.
Considerations can be made with regard to reducing services covered under the plan; however,
the Affordable Care Act requires plans to provide minimum essential health benefits, under the
Shared Responsibility provision, including: Ambulatory services, emergency services,
hospitalization, maternity/newborn care, mental health and substance abuse services including
behavioral treatment, prescription drug coverage, rehabilitation and habilitative services, lab
work, preventive wellness and chronic disease management, and pediatric including oral and
vision up to age 19. For failure to provide minimum essential health benefits, employees are
eligible for the premium tax credit and the employer is assessed a penalty.
Employers must also meet the Affordability requirements, offering a plan with an actuarial
value of at least 60% or higher, and one that does not exceed more than 9.5% of household
income for single coverage.
While the Shared Responsibility and Affordability requirements are not a concern with our
plans at this time, it is a provision that we must consider when reducing benefits coverage.
Recognizing that the healthcare industry is facing difficult times, a question was asked about
the shortage of physicians and nurses in the future.
With the increase of Americans accessing health care, concern has been expressed with regard
to the availability of primary care physicians.
Telemedicine is one option that may provide relief to busy physician offices for services that
could have been handled via video conference or telephone. Telemedicine provides the
opportunity (not a requirement) for members to receive 24/7 health care for certain types of
services. The benefit is not meant to replace the primary care physician relationship, but to
provide the opportunity for members to receive consultation, prescriptions, or to be directed to
the most appropriate level of care without utilizing more costly urgent care and emergency
services. It also allows members to receive services at a time convenient to them, thereby
avoiding time away from work.
Patient Centered Medical Homes are also a new health care delivery model within primary care
practices that will help to lessen the concern for access to care. This coordinated care effort
utilizes qualified clinicians to provide appropriate levels of care to the patient; allowing the
medical providers the opportunity to care for more patients while achieving efficiency,
enhanced quality of care, and greater access to services.
City of Virginia Beach
Virginia Beach City Public Schools 8 June 14, 2013
How will the new telemedicine benefit be communicated and will all employees be able to use
this computer technology to utilize the services?
The Telemedicine benefit may be used by telephone contact or video conferencing. It is being
provided as an option for receiving services and is not a requirement. Only those employees
that desire this type of service will use the benefit, however, the option will be communicated
and the Consolidated Benefits Office will be available to answer any questions as well.
Is mail order pharmacy offered on our plan and what would be the savings?
Our plans currently offer mail order pharmacy. Mail order pharmacy is intended for those that
take maintenance medications and provides a 90 day supply at the cost of only double the
normal prescription co-pay amounts. As of December 2012, 2.9% of prescriptions were filled
through mail order pharmacy. Traditionally, mail order drugs cost less than retail, but with the
high utilization of generic drugs (78.5% at 12/31/2012 for our plan), there is not enough cost
savings to achieve a positive financial impact on our plan; however, there is a cost savings to
the member with a lower total copay. Note, however, that if the cost of the drug is less than
the copay, the member will pay the lower cost at a retail pharmacy, where they would pay the
stated copay amount for mail order. For example, a member filling a prescription with an
actual cost of $4 for a 30-day supply would pay $12 for a 3-month supply at a retail pharmacy,
versus $20 for mail order (2 $10 copays for a 3-month supply).
Confirmation was requested that our health fund balance was over $30M several years ago and
is now only projected to be $4.2M at the end of 2013.
The health fund balance was spent down over the past several years to absorb the rising cost of
health care while not passing along any plan design or premium increases to employees.
TOTAL
Net Assets as of 6/30/2009 $31,576,888.69
Net Assets as of 6/30/2010 $30,786,398.32
Net Assets as of 6/30/2011 $30,163,365.72
Net Assets as of 6/30/2012 $18,123,474.70
Net Assets as of 4/30/2013 $6,558,231.28
It was stated that the biggest savings is achieved by increasing the deductible and that we
should consider a High Deductible Health Plan where employees could use the savings accounts
to offset their deductible.
The City/Schools do currently offer a High Deductible Health Plan at lower premiums for those
that want to consider the option, but it is not the only option. Currently there are
approximately 200 members on the plan with a deductible of $1,250 per person and $2,500 per
family.
City of Virginia Beach
Virginia Beach City Public Schools 9 lune 14, 2013
June 4, 2013 Recommended Changes
The following plan design changes were initially recommended by the Benefits Executive
Committee:
? Increasing POS deductible to $200/$400
? Removing POS deductible from office visit/urgent care
? Increasing POS hospital copay to $350
? Increasing POS outpatient surgery copay to $200
? Increase pharmacy copays
? Implement a Preferred Pharmacy Network
? Increase POS global maternity office visit to $200
These plan design changes would result in cost reductions of approximately $2.8 million. These
reductions would reduce the required status quo rate increase from 12.2% down to 10.1%,
resulting in the following employee contributions (assuming participation in VBWellnessforLife
and 12-month premiums):
? Employee Only $49.40 (increase of $4.54)
? Employee & Child $126.68 (increase of $11.64)
? Employee & Children $339.10 (increase of $31.17)
? Employee & Spouse $305.74 (increase of $28.10)
? Family $586.03 (increase of $53.86)
City of Virginia Beach
Virginia Beach City Public Schools 10 June 14, 2013
Revised Recommendations
Based upon feedback to implement greater changes to our plan to further reduce costs, the
following represents the Benefits Executive Committee's revised recommendations (shown in
bold):
? Increasing POS deductible to $300/$600
? Removing POS deductible from office visit/urgent care
? Increasing POS hospital copay to $500
? Increasing POS outpatient surgery copay to $250
? Increase pharmacy copays
? Implement a Preferred Pharmacy Network
? Increase POS global maternity office visit to $200
These revised plan design changes would result in cost reductions of approximately $3.8
million. These reductions would reduce the required status quo rate increase from 12.2% down
to 9.4%, resulting in the following employee contributions (assuming participation in
VBWellnessforLife and 12-month premiums):
Active School and City POS Rates with vBWellnessforLife Incentive
Employee Only $44.86 $49.40 $49.06
Employee & Child $115.04 $126.68 $125.80
Employee & Children $307.93 $339.10 $336.74
Employee & Spouse $277.64 $305.74 $303.62
Family $532.17 $586.03 $581.96
City of Virginia Beach
Virginia Beach City Public Schools
11
June 14, 2013
O
$
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Franchise Agreement
for Five Years or Less for the Use of Three (3) Parking Spaces Located on
Laskin Road Between Arctic and Pacific Avenues for Valet Services
MEETING DATE: June 24, 2013
¦ Background: The City of Virginia Beach (the "City") has made improvements to
Laskin Road and the surrounding areas in connection with the Laskin Road
Gateway Project, CIP 2-143 (the "Road Project"), which included roadway and
streetscape improvements along Laskin Road (also known as 31St Street). Hi-
Sea, LLC ("Hi-Sea") is the owner of certain property located at 332 Laskin Road
(GPIN 2428-02-0253), between Pacific and Arctic Avenues, and has constructed
a mixed-use complex consisting of residential, office and business units ("Beach
Centre").
On September 8, 2009, City Council approved a Non-Binding Term Sheet
between the City and Hi-Sea (the "Term Sheet") to coordinate development plans
and schedules for the Road Project and for Beach Centre. The Term Sheet
contemplated issuing a Request for Proposals for valet services to include the
use of 3 parking spaces adjacent to Beach Centre as an amenity for the
surrounding businesses. On April 18, 2013, the City issued an invitation to bid,
and the only qualifying bid was submitted by Hi-Sea.
¦ Considerations: The term of the proposed franchise agreement is finro (2) years,
with three (3) one-year renewal options. The Term Sheet directs that the profits
from the franchise will be applied toward Laskin Road Gateway streetscape
maintenance. Further conditions of the franchise agreement are set forth in the
Summary of Terms attached to the Ordinance.
¦ Public Information: Advertisement of Public Hearing in The Virginian-Pilot.
Advertisement of City Council Agenda.
¦ Alternatives: Approve terms of the Franchise Agreement as presented, alter
terms of the proposed Franchise Agreement, or decline to enter into the
Franchise Agreement.
¦ Recommendations: Approval
¦ Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
Submitiing Departrnent/Agency: Strategic Growth Area f Resort Management jA' ?
City Manage . I4
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AN ORDINANCE TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A FRANCHISE
AGREEMENT FOR FIVE YEARS OR LESS
FOR THE USE OF THREE (3) PARKING
SPACES LOCATED ON LASKIN ROAD
BETWEEN ARCTIC AND PACIFIC AVENUES
FOR VALET SERVICES
WHEREAS, the City has made improvements to Laskin Road (also known
as 31St Street) and the surrounding areas in Virginia Beach in connection with the
Laskin Road Gateway Project, CIP 2-143 (the "Road Project");
WHEREAS, Hi-Sea, LLC ("Hi-Sea") owns and has developed property
located at 332 Laskin Road (GPIN 2428-02-0253) as a mixed-use complex consisting of
residential, office and business units ("Beach Centre");
WHEREAS, on September 8, 2009, City Council approved a non-binding
term sheet (the "Term Sheet") befinreen the City and Hi-Sea to coordinate development
plans and schedules for the Road Project and Beach Centre;
WHEREAS, as set forth in the Term Sheet, the City issued an invitation to
bid for the use of three (3) parking spaces in front of Beach Centre for the provision of
valet services as an amenity to the surrounding businesses;
WHEREAS, Hi-Sea submitted the onty qualifying bid, and City staff has
recommended to City Council that a franchise be awarded to Hi-Sea for a two (2) year
term, with three (3) one-year renewal options, and such other conditions as set forth in
the Summary of Terms attached hereto as Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager, or his designee, is hereby authorized to execute a
franchise agreement for a term of five (5) years or less, with Hi-Sea, LLC, in accordance
with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and
such other terms, conditions, and modifications as deemed necessary and sufficient by
the City Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on this
day of , 2013.
APPROVED AS TO CONTENT:
?
Strategic Growth Area ! Resort
Management Office
CA12572
1kvbgov.comNDFS1 V1pplicaponslCityt.awProd+tycom321W pdocs5D0101P0'181D00740.96.DOC
R-1
June 94, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
EXHIBIT A
SUMMARY OF TERMS
FRANCHISE TO USE THREE (3) PARKING SPACES
IN THE LASKIN ROAD RIGHT-OF-WAY FOR VALET SERVICES
FRANCHISOR: City of Virginia Beach (the "City")
FRANCHISEE: Hi-Sea, LLC
PREMISES: Three (3) parking spaces located on the north side of Laskin
Road (also known as 31 St Street) east of the crosswalk in the
300 Block of Laskin Road.
TERM: June 1, 2013 through May 31, 2015, with up to three (3)
additional one-year renewal options, by mutual agreement of
the parties.
RENT: $12,300 per year, payable in monthly installments.
RIGHTS AND RESPONSIBILITIES OF FRANCHISEE:
• Use the Premises for the provision of valet services, and for no other
purpose.
• Keep sidewalk and street areas clean and free from trash and debris.
• Indemnify the City for any and all damages to persons or property in
connection with the performance of valet services.
• Maintain all appropriate licenses and insurance required by state and local
codes.
• Pay all federal, state, and local taxes in connection with the Premises.
RIGHTS AND RESPONSIBILITIES OF FRANCHISOR:
• Have access to the Premises at any time, without prior notice, in the event
of an emergency.
• Maintain the right to grant easements and rights-of-way across, in, under
and through the Premises for streets, alleys, public highways, drainage,
and other similar purposes.
TERMINATION:
• The City may terminate the agreement upon thirty (30) days' written
notice, for any reason.
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PACIFICAVENUE
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Granting a Franchise Agreement for Pedal Cab Operation in the Resort
Area
MEETING DATE: June 25, 2013
¦ Background: The use of bicycles, surreys and other forms of pedal vehicles has
become a popular, convenient and eco-friendly form of transportation in the Resort Area.
Many visitors and residents, however, cannot take advantage of pedal vehicles due to age or
health issues. Public transportation is not available to many of the restaurants located on
Rudee Inlet. Taxi service is slow due to traffic congestion.
In 2009, Beach Pedal Cab Company was awarded a franchise agreement to operate
pedal cab service under a pilot program. Beach Pedal Cab could not generate enough
revenue to continue operating beyond the pilot program, and the franchise agreement was
terminated.
Seven Cities Rickshaws, LLC recently presented a proposal to City staff to operate a
pedal cab service along the boardwalk bike path and Winston Salem Avenue, adjacent to
Rudee Inlet. This service would provide an alternative to using a personal vehicle or mass
transportation, thereby helping to reduce traffic congestion in the Resort Area.
The proposed new franchise would expand the operating area to include Atlantic
Avenue and other major destination points. Additional operating criteria have been added to
the franchise agreement to minimize conflict with other pedal vehicles and to ensure public
safety. The Police Department's Second Precinct has reviewed the franchise agreement and
provided comment on the operating criteria. The Resort Advisory Commission has also
reviewed and unanimously endorsed the operating criteria, and recommended adoption of
the franchise.
¦ Considerations: The franchise agreement permits Seven Cities Rickshaws to offer
pedal cab service in the Resort Area, effective upon execution of the franchise agreement,
through September 30, 2013. Approval of the franchise agreement will provide an additional
transportation amenity for visitors and residents visiting the Resort Area.
At the conclusion of the term of the franchise agreement, City staff will evaluate the
program and, with the assistance of the Resort Advisory Commission, present
recommendations to City Council. If City Council elects to continue the pedal cab service
and award a five-year franchise agreement, staff would follow standard procurement policy to
select a pedal cab operator.
¦ Public Information: A public notice was published in The Beacon on June 16, 2013
and June 23, 2013.
¦ Resort Advisory Commission Recommendation: Approval
¦ Staff Recommendation: Approval
¦ Attachments: Ordinance and Summary Sheet
Submitting Department/Agency: SGA Resort Management Office ,
City Manager: Q6,-"ws k ?
?
1 AN ORDINANCE GRANTING A FRANCHISE AGREEMENT
2 FOR PEDAL CAB OPERATION IN THE RESORT AREA
3
4 WHEREAS, the use of bicycles, surreys and other forms of pedal vehicles has
5 become a popular, convenient and eco-friendly form of transportation in the Resort
6 Area; and
7
$ WHEREAS, many visitors and residents cannot take advantage of pedal vehicles
9 due to age or health issues; and
10
11 WHEREAS, public transportation is not available to many of the restaurants
12 located on Rudee Inlet, and taxi service is slow due to traffic congestion; and
13
14 WHEREAS, in 2009, Beach Pedal Cab Company was awarded a franchise
15 agreement to operate a pedal cab service under a pilot program; and
16
17 WHEREAS, Beach Pedal Cab Company could not generate enough revenue to
18 continue operating beyond the pilot program, and the franchise agreement was
19 terminated; and
20
21 WHEREAS, Seven Cities Rickshaws, LLC recently presented a proposal to City
22 staff to operate a pedal cab service along the boardwalk bike path and Winston Salem
23 Avenue, adjacent to Rudee Inlet; and
24
25 WHEREAS, this service will provide an alternative to using a personal vehicle or
26 mass transportation, thereby helping to reduce traffic congestion in the Resort Area;
27 and
28
29 WHEREAS, the franchise agreement expands the operating area to include
30 Atlantic Avenue and other major destination points; and
31
32 WHEREAS, the franchise agreement permits Seven Cities Rickshaws, LLC to
33 offer pedal cab service in the Resort Area, effective upon execution of the franchise
34 agreement, through September 30, 2013; and
35
36 WHEREAS, at the conclusion of the term of the franchise agreement, City staff
37 will evaluate the program and, with the assistance of the Resort Advisory Commission,
38 present recommendations to City Council; and
39
40 WHEREAS, if City Council elects to continue the pedal cab service and award a
41 five-year franchise agreement, staff would follow standard procurement policy to select
42 a pedal cab operator; and
43
44
45
46 WHEREAS, the Police Department's Second Precinct has reviewed the franchise
47 agreement and provided comment on the operating criteria; and
48
49 WHEREAS, the Resort Advisory Commission has also reviewed and
50 unanimously endorsed the operating criteria, and recommended adoption of the
51 franchise; and
52
53 WHEREAS, additional operating criteria have been added to the franchise
54 agreement to minimize conflict with other pedal vehicles and to ensure public safety.
55
56 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
57 VIRGINIA BEACH, VIRGINIA:
58
59 1. That the City Council hereby grants a franchise agreement for pedal cab
60 operation to Seven Cities Rickshaws, LLC, effective upon execution of a
61 franchise agreement, through September 30, 2013.
62 2. That the City Manager, or designee, is hereby authorized to execute a
63 franchise agreement with Seven Cities Rickshaws, LLC in accordance with
64 the attached Summary of Terms and such other terms and conditions
65 deemed necessary and sufficient by the City Manager and in a form approved
66 by the City Attorney.
67
68 Adopted by the Council of the City of Virginia Beach, Virginia on the
69 day of , 2013.
APPROVED AS TO CONTENT:
Strategic Growth Area Office
APPROVED AS TO LEGAL
SUFFICIENCY:
.1C----.
City Attorney's ice
CA12618
R-1
June 12, 2013
Summary of Terms
Franchise Agreement for Pedal Cab Operation in the Resort Area
Franchisee: Seven Cities Rickshaws, LLC
Nature of Franchise: Pedal Cab OperaCion in the Resort Area
Term: Effective upon execution of the franchise agreement through September 30, 2013.
Agreement may not be renewed unless a new franchise is granted by City Council.
Franchise Fee: $350 for the term of the franchise.
Non-Exclusive Franchise: The City is authoriced to grant other franchises in the subject area.
Operational Criteria: The Agreement stipulates operational standards and safeguards such as:
a. Pedal cabs shall be maintained in good working order and shall be aesthetically
pleasing. The City shall approve the appearance of the pedal cabs.
b. Pedal cabs shall have a proper working braking mechanism. Pedal cabs shall
have headlights and tail lights.
c. Pedal cabs shall be subject to the operational and equipment requirements for
bicycles set forth in Virginia Code Section 46.2-1015 and the Code of the City of
Virginia Beach Sections 7-50 through 7-64.
d. Yedal cabs shall be operated on the premises at a maximum speed of five (5)
miles per hour.
C. f'edal cabs shall display a"slow moving vehicle emblem" on the rear of the
vehicle during daylight hours. A battery powered blinking light or other
illumination devices shall be placed and used on all pedal cabs at night. The City
shall approve the emblem, lights, and other illumination devices.
f. All pedestrians shall have the right of way and the Franchisee shall make every
reasonable effort to protect the public's safety.
g. No pedal cab loading or unloading, or settling of bills, shall be done on the
boardwalk, the boardwalk bike path, sidewalks or travel portion of any roadway
in the resort area. Loading and unloading plans shall require approval by the City.
h. Pedal cabs shall be prohibited from staging in travel portions of public streets and
sidewalks. Staging areas for pedal cabs shall be in non-travel portions of public
streets, connector parks, and in streets on the one hundred blocks, where public
access is available.
i. Pedal cab operators are not required to be employed by Franchisee, however
violations of any operating criteria of the franchise by a pedal cab operator may
result in termination of the franchise.
j. Pedal cab operators shall carry on their person, at all times during the operation of
a pedal cab, a copy of the operational criteria contain in the agreement.
k. Pedal cab operators must be present wiih passengers at all times during the pedal
cab service.
l. Franchisee shall provide to each of its employees attire which appropriately
identifies the pedal cab ride operation. Such attire shall be approved by the SGA
Resort Management Office. The approved attire must be worn by on-duty
employees during all hours of operation. All outer wear shall have at least a name
tag with the Franchisee's official logo or company name.
M. Yersons operating pedal cabs shall not sell, solicit, offer, distribute, or provide any
information, written or oral, regarding any operation or service in connection with
time shares, vacation packages, lodging accommodations, hotels, motels, inns,
campgrounds, restaurants, retail stores or entertainment establishments.
n. No advertisements, other than the name of Franchisee, and the fee for the use and
the location of the pedal cab service, shall be placed or maintained by the
Franchisee on or in the pedal cabs.
o. Persons operating pedal cabs are prohibited from consuming alcohol and from
using earphones while operating a pedal cab.
p. Any changes in the operational criteria shall require prior written approval of the
City.
I lold Flarmless: Franchisee indemnifies and holds harmless the City for loss and liability.
Insurance: $2,000,000 combined single limits.
"I'ci-mination: City may terminate agreement for cause.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Granting Three Franchise Agreements for Open Markets In the Public
Right-of-Way on 19th Street
MEETING DATE: June 25, 2013
¦ Background: The Old Beach Farmers Market, Old Beach Green Market and Old
Beach Art Market have been operating open markets on private property at various locations
on 19th Street, and have outgrown their current locations.
In September, October, and November 2012, the Old Beach Farmers Market operated
an open market one Saturday per month in the right-of-way at 19t" Street, pursuant to special
event permits issued by the City. To date in 2013, none of the three markets have operated
in the right-of-way at 19th Street. Recently, the three markets requested use of the public
right-of-way to consolidate their businesses at one location.
¦ Considerations: The franchise agreements authorize the closure of three hundred
(300) feet of roadway in the 600 block of 19t" Street. The road closures will occur each
Saturday during the months of June, July and August, and the third Saturday of each month
from September through May, for a total of twenty-three (23) road closures per year. Each
closure will occur between 6:00 am and 1:00 pm.
The term of each franchise agreement is one year, with the option for two (2)
additional one (1) year renewals. City staff has received letters of support from businesses
and condominiums located in the 600 block of 19th Street.
¦ Public Information: A public notice was published in The Beacon on June 16, 2013
and June 23, 2013.
¦ Resort Advisory Commission Recommendation: Adopt ordinance
¦ Staff Recommendation: Adopt ordinance as a pilot program. A proper off-street site
should be identified with adequate parking, restrooms and other services needed to support
the markets in the future.
¦ Attachments: Ordinance and Summary of Terms
Recnmmended Action: Adopt Ordinance
Submitting Department/Agency: SGA Resort Management Office
City Manage . ? ?
1 AN ORDINANCE GRANTING THREE
2 FRANCHISE AGREEMENTS FOR OPEN
3 MARKETS IN THE PUBLIC RIGHT-OF-WAY
4 ON 19T" STREET
5
6 WHEREAS, the Old Beach Farmers Market, Old Beach Green Market and Old
7 Beach Art Market have been operating open markets on private property at various
8 locations on 19th Street, and have outgrown their current locations; and
9
10 WHEREAS, in September, October, and November 2012, the Old Beach
11 Farmers Market operated an open market, ane Saturday per month, in the City's right-
12 of-way at 19th Street, pursuant to special event permits issued by the City; and
13
14 WHEREAS, the Old Beach Farmers Market, Old Beach Green Market, and Old
15 Beach Art Market recently requested the use of the pubiic right-of-way to consolidate
16 their businesses at one location; and
17
18 WHEREAS, the proposed franchise agreements authorize the closure of three
19 hundred (300) feet of roadway in the 600 block of 19th Street; and
20
21 WHEREAS, the road closures will occur each Saturday during the months of
22 June, July and August, and the third Saturday of each month from September through
23 May, for a total of twenty-three (23) road closures per year; and
24
25 WHEREAS, each road closure will occur between 6:00 am and 1:00 pm; and
26
27 WHEREAS, the term of each franchise agreement is one year, with the option for
28 two (2) additional one-year renewals; and
29
30 WHEREAS, City staff has received letters of support from businesses and
31 condominium located in the 600 block of 19th Street; and
32
33 WHEREAS, the Strategic Growth Area Office recommends that Old Beach
34 Farmers Market, Old Beach Green Market, and Old Beach Art Market be granted
35 franchise agreements for open markets in the 600 block of 19th Street.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH:
39
40 1. That the City Council hereby grants one-year franchise agreements, with the
41 option for two additional one-year renewals, to Old Beach Farmers Market,
42 Eco Maniac Company, Inc., trading as Old Beach Green Market, and Old
43 Beach Art Market.
44 2. That the City Manager, or designee, is hereby authorized to execute franchise
45 agreements with Old Beach Farmers Market, Eco Maniac Company, Inc.,
46 trading as Old Beach Green Market, and Old Beach Art Market in accordance
47 with the attached Summary of Terms and such other terms and conditions
48 deemed necessary and sufficient by the City Manager and in a form approved
49 by the City Attorney.
Adopted by the City Council of Virginia Beach, Virginia on this day of
, 2013.
APPROVED AS TO CONTENT:
Strategic Growth Area Office
APPROVED AS TO LEGAL SUFFICIENCY:
A?/1"- 1? ??_
City Attorney's Office
CA12646
R-1
June 11, 2013
Summary of Tcrms
Franchise Agreements for Open Markets in the Public Right-of-Way on 19`" Street
f'ranchisees: (1) Old 13each Farmers Market; (2) Eco Maniac Company, Inc., trading as Old Beach
Green Market; and (3) Old Beach Art Market.
Nature of Franchise: Operate open markets in the public right-of-way on 19`" Street.
Term: Oiie (1) yeac, each Saturday in June, July and August, and the third Saturday of each month
from September through May, commencing upon execution of the agreements, and ending at
midnight on May 31, 2014. Agreements may be renewed upon mutual written agl-eement of the
parties for up to two (2) additional one-year terms.
Franchisc Fec: $100 for thc initial tcrm. $100 for each subsequent term.
Nlon-Fxclusive Franchise: 'I'he City is authorired to grant other franchises in the subject area.
Operational Criteria: The Agreement stipulates operational standards and safeguards such as:
a. Franchisee shall design the open air market site to allow for emergency vehicfe
access at all times.
b. Franchises shall pay all costs associated with street closures, including, but not
limited to, equipment and personnel costs.
c. Franchisee shall submit a traffic control plan, including locations of detour signs and
barricades, for the City to review and approve. Streets shall be closed by Franchisee
using "l'ype lIl barricades, as defined in the Manual of Uniform "Craffic Control
Devices. Franchisee shall provide all Type II1 barricades. Franchisee shall supply
proof'that it has obtained the proper nuinber of Typc III barricades needed to comply
with thc terms of this franchise. "I'ype 111 barricades shall extend completely across
the slreet and its shoulders or from curb to curb. Where access is provided through
the "l'ype III barcicade, Franchisee shall be responsible for ensuring proper closure of
the barricadc.
d. Franchisee shall adhere to the opcrational paraiiieters and public safety concerns
established by C:ity departments, including, but not limited to, Police, Fire, EMS,
Public Worl<s and Resort Manageinent. "i'his includes providing adequate DCJS
certified private security personnel or certified traffic monitors, as required.
c. I?ranchisee shall provide one portable ADA restroom facility for each one hundred
and fifty (150) patrons on the premises, or shall install signs on City property
directing patrons to existing restrooins located in an adjacent business establishment.
f. A minimum of three waste disposal co»tainers and three recycle containers shall be
installed by Franchisee on the preinises.
g. 1=ranchisee shall remove all temporary structures, clean all City property and properly
dispose of wastc and i°ecycle materials by 1:00 pm each day.
I lold I[annless: 1=ranchisce indemnifies and holds harmless the City for loss and liability.
Insurance: $1,000,000 combined single limits.
'l'crmination: City may terminate agreements for cause.
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City
Attorney, City Clerk, City Real Estate Assessor, and City Auditor
MEETING DATE: June 25, 2013
¦ Background: City Charter § 3.05 provides that City Council shall determine, on
an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City
Real Estate Assessor, and City Auditor, all of whom are directly appointed by City
Council.
State law mandates that the City require City employees who became Virginia
Retirement System ("VRS") members prior to July 1, 2010, to make member
contributions in an amount equal to five percent of their VRS total creditable
compensation, and it requires the City to increase those employees' VRS total
creditable compensation by the same percentage. The law allows the City to phase in
the changes over a five-year period, and City Council required those employees in 2012
to make member contributions equal to one percent of their VRS total creditable
compensation and also provided an increase to that compensation for each employee in
the same amount. The phasing in continues this year, and, effective July 1, 2013, those
employees will be required to contribute an additional one percent (for a total of two
percent) of their VRS total compensation, and those employees will also receive the
additional one percent increase mandated by state law.
The budget ordinances adopted by City Council in May 2013 also provide, for all full-
time employees, salary increases of .34%, effective July 1, 2013, and 1.66%, effective
October 1, 2013.
¦ Considerations: The attached ordinances make no changes to the appointees'
compensation other than those required by the state law regarding VRS member
contributions and the .34% and 1.66% salary increases that City Council previously
approved for all full-time City employees. An alternate version of the ordinance
regarding the City Auditor is also attached which would increase the salary of the City
Auditor to $108,000, effective July 1, 2013.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Attachments: Six ordinances (including one alternate version)
Requested by City Council
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY MANAGER
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 WHEREAS, last year, in compliance with the requirements of state law, City
9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
10 employees who became Virginia Retirement System ("VRS") members prior to July 1,
11 2010, to make member contributions in an amount equal to one percent of their VRS
12 total creditable compensation; and (2) that increased those employees' VRS total
13 creditable compensation by one percent; and
14
15 WHEREAS, City Council subsequently adopted a similar ordinance, effective
16 July 1, 2013, (1) to require City employees who became VRS members prior to July 1,
17 2010, to make member contributions in an amount equal to two percent of their VRS
18 total creditable compensation; and (2) to increase those employees' VRS total
19 creditable compensation by an additional one percent; and
20
21 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary
22 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and
23
24 WHEREAS, the VRS total creditable compensation for the City Manager includes
25 his salary as well as the value of the City's contributions to his deferred compensation
26 plan and, as set forth in his employment contract, the City-paid premiums for his family
27 medical and dental insurance and long-term care insurance.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 1. That the base annual salary of the City Manager is $227.460.00; his car
33 allowance is and shall remain at $12,000 annually; the City's contribution to his deferred
34 compensation plan is and shall remain at $20,500 annually; and, in accordance with his
35 employment contract, the City shall continue to pay the total premium for his family
36 health and dental insurance and shall pay up to $2,684 annually on behalf of the City
37 Manager for long term care insurance.
38
39 2. That, beginning July 1, 2013, as required by state law and in accordance
40 with budget ordinances adopted by City Council in May 2013, the City Manager shall
41 pay, on a salary-reduction basis, VRS member contributions in an amount equal to two
42 percent of his VRS total creditable compensation, and his base salary as set forth in
43 paragraph 1 shall be increased in an amount equal to one percent of his VRS total
44 creditable compensation.
45
46 3. Along with all other full-time City employees, the City Manager shall also
47 receive a salary increase of .34%, effective July 1, 2013, and 1.66%, effective October
48 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 12013.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA12667
R-2
June 20, 2013
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AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY
ATTORNEY
WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
the City Council shall have their salaries and benefits determined annually by action of
City Council;
WHEREAS, last year, in compliance with the requirements of state law, City
Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
employees who became Virginia Retirement System ("VRS") members prior to July 1,
2010, to make member contributions in an amount equal to one percent of their VRS
total creditable compensation; and (2) that increased those employees' VRS total
creditable compensation by one percent; and
WHEREAS, City Council subsequently adopted a similar ordinance, effective
July 1, 2013, (1) to require City employees who became VRS members prior to July 1,
2010, to make member contributions in an amount equal to two percent of their VRS
total creditable compensation; and (2) to increase those employees' VRS total
creditable compensation by an additional one percent; and
WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary
increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and
WHEREAS, the VRS total creditable compensation for the City Attorney includes
his salary as well as the value of the City's contributions to his deferred compensation
plan.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the base annual salary of the City Attorney is $191,521.44, the City's
contribution to his deferred compensation plan is and shall remain at $10,000 annually,
and his car allowance is and shall remain at $10,000 annually.
2. That, beginning July 1, 2013, as required by state law and in accordance
with budget ordinances adopted by City Council in May 2013, the City Attorney shall
pay, on a salary-reduction basis, VRS member contributions in an amount equal to two
percent of his VRS total creditable compensation, and his base salary as set forth in
paragraph 1 shall be increased in an amount equal to one percent of his VRS total
creditable compensation.
3. Along with all other full-time City employees, the City Attorney shall also
receive salary increases of .34%, effective July 1, 2013, and 1.66%, effective October 1,
2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2013.
APPROVED AS TO LEGAL
SUFFICIENCY:
/ ' .
-C?D
z,--
City Attorney's Offic
CA12666
R-3
June 20, 2013
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY CLERK
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 WHEREAS, last year, in compliance with the requirements of state law, City
9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
10 employees who became Virginia Retirement System ("VRS") members prior to July 1,
11 2010, to make member contributions in an amount equal to one percent of their VRS
12 total creditable compensation; and (2) that increased those employees' VRS total
13 creditable compensation by one percent; and
14
15 WHEREAS, City Council subsequently adopted a similar ordinance, effective
16 July 1, 2013, (1) to require City employees who became VRS members prior to July 1,
17 2010, to make member contributions in an amount equal to two percent of their VRS
18 total creditable compensation; and (2) to increase those employees' VRS total
19 creditable compensation by an additional one percent; and
20
21 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary
22 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and
23
24 WHEREAS, the VRS total creditable compensation for the City Clerk consists of
25 only her salary.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 1. That the base annual salary of the City Clerk is $107,744.40, and her car
31 allowance is and shall remain at $10,000 annually.
32
33 2. That, beginning July 1, 2013, as required by state law and in accordance
34 with budget ordinances adopted by City Council in May 2013, the City Clerk shall pay,
35 on a salary-reduction basis, VRS member contributions in an amount equal to two
36 percent of her VRS total creditable compensation, and her base salary as set forth in
37 paragraph 1 shall be increased in an amount equal to one percent of her VRS total
38 creditable compensation.
39
40 3. Along with all other full-time City employees, the City Clerk shall also
41 receive salary increases of .34%, effective July 1, 2013, and 1.66%, effective October 1,
42 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 5 2013.
APPROVED AS TO LEGAL
SUFFICIENCY:
•??? 4i
City Attorney's Office
CA12664
R-2
June 20, 2013
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY REAL
3 ESTATE ASSESSOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
g WHEREAS, last year, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council subsequently adopted a similar ordinance, effective
17 July 1, 2013, (1) to require City employees who became VRS members prior to July 1,
18 2010, to make member contributions in an amount equal to two percent of their VRS
19 total creditable compensation; and (2) to increase those employees' VRS total
20 creditable compensation by an additional one percent; and
21
22 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary
23 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and
24
25 WHEREAS, the VRS total creditable compensation for the City Real Estate
26 Assessor includes his salary as well as the value of the City's contributions to his
27 deferred compensation plan.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 1. That the base annual salary of the City Real Estate Assessor is
33 $124,937.76, and the City's contribution to his deferred compensation plan is and shall
34 remain at $4,000 annually.
35
36 2. That, beginning July 1, 2013, as required by state law and in accordance
37 with budget ordinances adopted by City Council in May 2013, the City Real Estate
38 Assessor shall pay, on a salary-reduction basis, VRS member contributions in an
39 amount equal to two percent of his VRS total creditable compensation, and his base
40 salary as set forth in paragraph 1 shall be increased in an amount equal to one percent
41 of his VRS total creditable compensation.
42
43 3. Along with all other full-time City employees, the City Real Estate
44 Assessor shall also receive a salary increase of .34%, effective July 1, 2013, and
45 1.66%, effective October 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2013.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA12663
R-2
June 20, 2013
I AN ORDINANCE PERTAINING TO
2 THE COMPENSATION OF THE CITY
3 AUDITOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
g WHEREAS, last year, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council subsequently adopted a similar ordinance, effective
17 July 1, 2013, (1) to require City employees who became VRS members prior to July 1,
18 2010, to make member contributions in an amount equal to two percent of their VRS
19 total creditable compensation; and (2) to increase those employees' VRS total
20 creditable compensation by an additional one percent; and
21
22 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary
23 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and
24
25 WHEREAS, the VRS total creditable compensation for the City Auditor consists
26 of only his salary.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 1. That the base annual salary of the City Auditor is $99,384.00, and his car
32 allowance is and shall remain at $6,000 annually.
33
34 2. That, beginning July 1, 2013, as required by state law and in accordance
35 with budget ordinances adopted by City Council in May 2013, the City Auditor shall pay,
36 on a salary-reduction basis, VRS member contributions in an amount equal to two
37 percent of his VRS total creditable compensation, and his base salary as set forth in
38 paragraph 1 shall be increased in an amount equal to one percent of his VRS total
39 creditable compensation.
40
41 3. Along with all other full-time City employees, the City Auditor shall also
42 receive salary increases of .34%, effective July 1, 2013, and 1.66%, effective October 1,
43 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 9 2013.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA12665
R-3
June 20, 2013
ALTERNATE VERSION
1 AN ORDINANCE PERTAINING TO
2 THE COMPENSATION OF THE CITY
3 AUDITOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
g WHEREAS, last year, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council subsequently adopted a similar ordinance, effective
17 July 1, 2013, (1) to require City employees who became VRS members prior to July 1,
18 2010, to make member contributions in an amount equal to two percent of their VRS
19 total creditable compensation; and (2) to increase those employees' VRS total
20 creditable compensation by an additional one percent; and
21
22 WHEREAS, the 2013 ordinance also provides, for all full-time employees, salary
23 increases of .34% on July 1, 2013, and 1.66% on October 1, 2013; and
24
25 WHEREAS, the VRS total creditable compensation for the City Auditor consists
26 of only his salary.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 1. That the base annual salary of the City Auditor is $99,384.00, and his car
32 allowance is, and shall remain at, $6,000 annually.
33
34 2. That, beginning July 1, 2013, as required by state law and in accordance
35 with budget ordinances adopted by City Council in May 2013, the City Auditor shall pay,
36 on a salary-reduction basis, VRS member contributions in an amount equal to two
37 percent of his VRS total creditable compensation, and his base salary as set forth in
38 paragraph 1 shall be increased in an amount equal to one percent of his VRS total
39 creditable compensation.
40
41 3. Along with all other full-time City employees, the City Auditor shall receive
42 a salary increase of .34%, effective July 1, 2013, and he shall also receive an additional
43 salary increase so that his salary effective July 1, 2013, after the mandated VRS
44 increase referenced in the prior section and the increases authorized by this section, will
45 be $108,000.
46
47 4. Along with all other full-time City employees, the City Auditor shall also
48 receive a salary increase 1.66%, effective October 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2013.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA12665
R-ALT
June 20, 2013
? ?? ??CCAC?t
.1
Jw,=
CITY OF VIRGINIA BEACH
AGENDA ITEM a
ITEM: A Resolution Appointing Tracee N. Hackett to the Position of Associate City
Attorney
MEETING DATE: June 25, 2013
e Background: Section 2-166 of the City Code provides that "[t)he city council
may, from time to time, upon recommendation of the city attorney, appoint such deputy
and assistant city attorneys as it may deem necessary to serve at the pleasure of the
city attorney."
¦ Considerations: This Resolution appoints Tracee N. Hackett as an Associate
City Attorney, effective July 1, 2013.
¦ Recommendations: It is recommended that City Council adopt the attached
resolution.
¦ Attachments: Resolution
Recommended Action: Adopt Resolution
Submitting DepartmentlAgency: City Attorney PA-?,?!)5??.
City Manager:
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A RESOLUTION APPOINTING TRACEE N. HACKETT TO
THE POSITION OF ASSOCIATE CITY ATTORNEY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to § 2-166 of the City Code, Tracee N. Hackett is hereby appointed to
the position of Associate City Attorney, effective July 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
.2013.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
P'? `??
City Attorney's Office
CA12672
R-1
June 11, 2013
E" ? YR
CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: An Ordinance to Appropriate Additional Revenue to the FY 2012-13
Museums Operating Budget to Purchase Radio Equipment
MEETING DATE: June 25, 2013
¦ Background: The Aquarium still uses the original analog radio system from
1985, and the service no longer provides the level of communication required by the
facility. The current system is inconsistent in transmission within the Aquarium due to
increased electrical matrices, complex metal infrastructure, and water in the aquarium
tanks block the free movement of radio waves. These `Dead Spots , areas of little or no
radio wave transmission, are present throughout the aquarium's two buildings. These
heavily traveled areas include public aisle zones, exhibits that house dangerous
animals, and sites of SCUBA operations. Aquarium floor staff often cannot complete a
call for assistance in the event of a lost child or an injured guest. If an emergency
required building evacuation, staff may not be able to communicate with each other for
assistance or with first responders. Further, the Department of Communication and
Information Technology will no longer support upgrades, repairs, or service to this
technology in the future.
¦ Considerations: Installing a digital, bi-directional antenna (BDA) within the
building and upgrading to digital radios will provide consistent radio communication. The
digital BDA will enhance the signal of the radios and eliminate "Dead Zones" within the
aquarium. Upgrading the current analog radios to digital will also enhance transmission
quality. The department evaluated many proposals, including a potential no-cost
alternative. Ultimately, all other proposals considered did not meet the department's
needs. The Department of Communications and Information and Technology has
estimated the total cost to purchase 53 digital radios and a BDA at $273,391. The
department's projected realized revenues will exceed the budget by $1,077,000, and
the amount needed is available to appropriate for this purchase. These funds may be
carried forward to FY 2013-14.
¦ Public Information: Public information will be disseminated through the Council
agenda process.
¦ Recommendations: Adoption of attached ordinance.
Recommended Action: Approval
Submitting DepartmentlAgency: Museums
City Manag ? ,???
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3
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5
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9
10
AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FY
2012-13 MUSEUMS OPERATING BUDGET TO
PURCHASE RADIO EQUIPMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $273,391 of additional revenue is hereby appropriated, with estimated
charges for services revenue increased accordingly, to the FY 2012-13 Museums
Operating Budget to purchase radio equipment.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2013.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Manage nt ervices we5 Y_
City Attorney's Office
CA12671
R-2
June 19, 2013
1.'r
j'
? .;? .
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funding Within the FY 2012-13 School Operating
Budget
MEETING DATE: June 25, 2013
¦ Background: At their May 21St meeting, the School Board adopted a resolution
requesting that City Council approve the transfer of appropriations between the School's
Operating Fund and the Technology Fund. By State law, School technology-related
expenditures must be accounted for in a separate Fund or Category. City Council must
authorize the transfer between School funds.
The School Board's resolution requests the following transfers:
.$92,527 from the Instruction category of the Operating Fund to the School
Technology Category Special Revenue Fund; and
0 $17,742 from the Administration category of the Operating Fund to the
Technology Category Special Revenue Fund.
u Considerations: The School's total budget remains balanced, and this transfer
will not change the total appropriations in the School's FY 2012-13 Operating Budget.
The School intends to use the funds to purchase iPads and covers, printers, printer
cartridges, computers, monitors, computer suppties, laptops, Kindles, and Nooks.
¦ Public Information: Information will be disseminated through the Council
agenda process by advertising the City Council agenda.
¦ Attachments: School Board Resolution; Ordinance
Recommended Action: AAo r+? 6Nn
Submitting Department/Agency: Virginia Beach City Public Schools
City Manager: , ? L
?
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5
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7
9
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AN ORDINANCE TO
WITHIN THE FY
OPERATING BUDGET
TRANSFER FUNDING
2012-13 SCHOOL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $110,269 is hereby transferred within the FY 2012-13 Schooigr d Cartridhs,
amounts set forth below to purchase iPads and covers, printers, p t 9e
computers, monitors, computer supplies, laptops, Kindles, and Nooks:
1. $92,527 from the Instruction category of the School Operating Fund to the
School Technology Category Special Revenue Fund;
2. $17,742 from the Administration category of the School Operating Fund to the
Operations and Maintenance category;
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2013.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
f?lanagem nt ervices
?? .
City Attorney's Office
CA12668
R-1
May 30, 2013
n oF'A
? HfJ?
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $271,668 from the Virginia Department
of Agriculture and Consumer Services to Reimburse the City for a Portion of the
Cost to Acquire a Preservation Easement
MEETING DATE: June 25, 2013
¦ Background: On January 24, 2012 and January 22, 2013, City Council
authorized the City Manager to execute two Intergovernmental Agreements WiThese
Virginia Department of Agriculture and Consumer Services (VDACS).
agreements provided the opportunity to request state funding through the Office of
Farmland Preservation that would match tocal dollars for easements acquired, not to
exceed a total of $271,668.10 ($110,952.46 for the 2012 agreement and $160,715.64
for the 2013 agreement). The goal of the Intergovernmental Agreements was to provide
financial assistance for local programs to protect working farm and forested lands. This
agenda item requests appropriation of state funding to reimburse some of the costs
incurred by the City in March 2013 for the acquisition of an agricultural land preservation
easement.
¦ Considerations: This item accepts and appropriates a total of $271,668.10 from
VDACS to reimburse the Agriculture Reserve Program Special Revenue Fund for a
portion of the easement value ($616,594) for the Donald and Diane Horsley property.
The Horsley farm of 112.48 acres, located at 3413 Land of Promise Road, was enrolled
in ARP on March 20, 2013. The appropriation will help reimburse the cost of the U.S.
Treasury STRIPS that were purchased to fund the principal payment as well as related
easement acquisition costs.
¦ Public Information: Public Information will be handled through the normal
Council agenda process.
¦ Recommendations: Accept and appropriate State funding from VDACS to the
ARP Special Revenue Fund.
¦ Attachments:Ordinance
Recommended Action: Approval
Submitting DepartmentlAgency: Department of Agriculture
City Manager. ? ? ?
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $271,668 UR?M ANDE VIRGINIA DEPARTMENT
SERVICES TOO
3 AGRICULT
4 REIMBURSE THE CITY FOR A PORTION OF THE COST
5 TO ACQUIRE A PRESERVATION EASEMENT
6
7 WHEREAS, as a result of intergovernmental agreements authorized by City
8 Council on January 24, 2012 and January 22, 2013, the Virginia Department of
9 Agriculture and Consumer Servi C{ cD rAred in puprch s? reimbursements
ultural preservatiog
10 $271,668 for a portion of costs the y i
11 easements for the Donald and Diane Horsley property.
12
13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That $271,668 is hereby accepted from the Virginia Department of Agriculture
17 and Consumer Services and appropriated, with estimated state revenues increased
18 accordingly, to the FY 2012-13 atlhe C tyg or la port ogrl ofl the c stet eacProram
qug e a
19 Special Revenue Fund to ei
20 preservation easement.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2013.
Requires an affirmafive vote by a majority of all of the members of City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
??__ f
?°
Manageme Se vices
City Attorney's Office
CA12674
R-1
June 12, 2013
.r?win neq' ?
t-_
?` ^x
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Fund Balance of the DEA Shared Asset Special
Revenue Fund for Police Equipment, Training, and Contractual Services
MEETING DATE: June 25, 2013
¦ Background: Federal law authorizes the U.S. Attorney General to share, on a
net proceeds basis, federally forfeited property with state and local law enforcement
agencies that participated in the law enforcement effort that resuited in the seizure and
forfeiture of assets. Department of Justice policy requires shared monies and property
be used for law enforcement purposes only including, but not limited to, community
policing activities, training, law enforcement investigations and operations, law
enforcement and detention facilities, law enforcement equipment, drug and gang
education and awareness programs, and matching funds for other federal law
enforcement grants.
The Police Department requests appropriation of $450,400 from the fund balance of the
DEA Shared Asset Special Revenue Fund to the FY 2013-14 Operating Budget of the
Police Department to purchase the foilowing priority equipment and services that have
not been funded through the operating budget. Some of these items are replacements
to maintain the department's operational readiness, while others will increase the
department's law enforcement capabilities and capacity to investigate crimes and
apprehend criminals, increase the security of two police facilities, and provide efficiency
gains through use of computer software applications.
. Side-scan sonar device ($9,200) to replace an older device
. Total System Station Crash Team Software ($14,500)
. Power pocument Management System Policy Management Software 3-year
Licensing ($56,500)
. Enhancements to current Early Warning System software application ($31,600)
• Specialty and Tactical Training funding ($25,000)
• Security card entry system for police facility ($22,500)
• Audio visual equipment replacement for Training Academy ($22,600)
. Three replacement canines for Canine Unit ($23,500)
• 3D 360 degree Laser Imaging Crime Scene tool ($180,000)
. Alarm/security system for police facility ($65,000)
¦ Considerations: There is sufficient fund balance in the DEA Shared Asset
Special Revenue Fund to cover this cost. According to the Department of Justice
requirements, these shared assets must be used to increase or supplement the
resources of the receiving state or local law enforcement agency, but shall not be used
to replace or supplant the appropriated resources of the recipient. The Police
Department and Commonwealth's Attorney's Office splits these proceeds 75% and
25%, respectively.
¦ Public Information: Public information will made available through the normal
Council Agenda process.
¦ Recommendation: Approve the attached budget amendment for FY 2013-14.
¦ Attachments:Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department 16t cv''"v
City Manage
1
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4
5
6
7
8
9
10
11
AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR
POLICE EQUIPMENT, TRAINING, AND CONTRACTUAL
SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $450,400 is hereby appropriated from the fund balance of the DEA Shared
Asset Special Revenue Fund, with estimated revenue increased accordingly, to the FY
2013-14 Operating Budget of the Police Department to purchase various equipment and
services for the Police Department.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
( ! ?? i '? •
Managem City Attorney's Office
? Z-Setvi2ces
CA12670
R-1
June 11, 2013
r ,4 ,?,Gi?ucn?y
r F?Y
1 :J
,C y i.I
CITY OF VIRGINIA BEACH
AGENDA ITEM _
ITEM: An Ordinance to Transfer Funds in the Amount of $2,275,582 from CIP 4-071
Williams Farm Recreation Center to 4-505 Bow Creek Recreation Center
MEETING DATE: June 25, 2013
¦ Background: The scope of the Bow Creek Recreation Center Replacement
Project CIP 4-505 is for the demolition of the 53 year old 36,782 square foat building,
which has been in use as a recreation center for 34 years, and to construct a new
67,743 square foot building for use as a community recreation center. In addition to the
67,743 square foot recreation center building, the project involves construction of a new
pro shop building, cart barn and modifications to practice areas and driving range for the
Bow Creek Golf Course as well as storm water improvements for off-site drainage areas
in the surrounding neighborhood. The program spaces and amenities provided at Bow
Creek are similar to Williams Farm Recreation Center, with the exception of an indoor
track and spray ground, which cannot be accommodated at Bow Creek. Project
estimates were developed based on the Williams Farm Recreation Center and
programmed at a total cost estimate of $25,123,023.
Phase 1 of the project included design of the new building, demolition of the existing
building, installation of a temporary trailer to be used as a pro-shop and a new cart barn.
Phase 1 site improvements were completed in April 2013. Phase 2 of the project
includes construction of the new recreation center building and new pro-shop, golf
course practice area improvements and storm water improvements for the site as well
as the surrounding neighborhood.
Initial bids far Phase 2 were significantly over the project estimate, and it was
determined to reject the bids due to financial constraints and to subsequently value
engineer the project and rebid. The value engineering review resulted in revisions to
the plans and specifications and reduced the estimated cost. When this project was
rebid, despite these efforts, the project costs are still anticipated to exceed budget by
$2,275,582 for a total project cost of $27,398,605. This total project cost is net of the
$600,000 that will be charged to Storm Water Project #7-183 Storm Water Quality
Enhancements- Phase I to address existing Total Maximum Daily Loads (TMDL) within
the area.
¦ Considerations: The Williams Farm Community Recreation Center was
campleted in October 2012 and is now in use. This project has an unexpended
appropriation balance that has been retained as contingencies in case unanticipated
issues were to arise with the opening of the new facility. In order to complete the Bow
Creek prnject, the Department of Parks and Recreation is recommending that
unexpended appropriations from CIP 4-071 Williams Farm Recreation Center be
transferred to CIP 4-505 Bow Creek Recreation Center in the amount of $2,275,582.
¦ Public Information: In addition to the June 11, 2013 open session briefing
provided to City Council, public information will be provided through the normal Council
Agenda process.
¦ Attachments: Ordinance
Recommended Action: Adoption
Submitting DepartmentlAgency: Parks and Recreation ?
City Manager: ?(?
?
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5
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7
8
9
10
AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
OF $2,275,582 FROM CIP 4-071 WILLIAMS FARM
RECREATION CENTER TO 4-505 BOW CREEK
RECREATION CENTER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
The $2,275,582 is hereby transferred from CIP #4-071 Williams Farm Recreation
Center to CIP #4-505 Bow Creek Recreation Center Replacement
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2013.
Requires an affirmative vote by a majority of all member of the City Council.
APPROVED AS TO CONTENT:
X? , lJ '
?
Manage ent ervices
APPOROVED AS TO LEGAL SUFFICIENCY:
7'e
City Attorney's Office
CA12677
R-1
June 12. 2013
L. PLANNING
1. Ordinance to EXTEND the date for an additional six (6) months to satisfy the conditions of the
closure of a portion of Cleveland Street for Runnymede Corporation (approved July 2, 2012)
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION:
APPROVAL
2. Application of GREG E. and MARY G. JAQUITH for a Variance to the Subdivision
Regulations, §4.4 (b), which requires all lots meet the City Zoning Ordinance (CZO) regulations re
creation of lots at 4166 and 4168 Charity Neck Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
3. Application of VAIL MARINE SERVICE and SUPPLY, INC./DIEHL, INC. for a Conditional
Use Permit re boat maintenance and storage at 583 South Birdneck Road
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
4. Application of CSA VIRGINIA BEACH, LLC and WINNER'S REAL ESTATE HOLDINGS,
LLC for a Conditional Use Permit re indoor shooting range at 5070 Virginia Beach Blvd
DISTRICT 4 - BAYSIDE
RECOMMENDATION:
APPROVAL
5. Applications of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO):
a. §238 re Permitted Principal Uses and Structures in Mobile Home Parks
PLANNING COMMISSION RECOMMENDS APPROVAL
STAFF RECOMMENDS 1NDEFINTE DEFERRAL
b. §901 re Bakeries, Confectioneries, and Delicatessens
RECOMMENDATION: APPROVAL
?.
17
NOTICE OF PUBLIC HEARING
The regular meeting of the City
Council of the City of Virginia Beach
will be held in the Council Chamber
of the Ciry Hall Building, Municipal
Center, 2401 Courthouse Drive,
Vi( n a Be*h. Virginia, on Tuesday,
ne "L013, at 6:00 p.m., at
which time a Public Hearing to
consider the following appiications
will be held:
CITY OF VIRGINIA BFACH
Ordinance to Amend Section 238 of
the Ciry Zoning Ordinance Pertainmg
to Permitted Principal Uses and
Structures in Mobile Home Parks.
Ordinance to Amend Section 901 of
the City Zoning OrdinanCe Pertaining
to Bakeries, Confectioneries, and
Delicatessens.
PRINCESS ANNE - DISTRICT 7
Greg E. Jaquith (Applicant) / Greg. E
and Mary G. Jaquith (Owners)
Application: Variance to the
G nd"ision ReKUlations, Section 4.4
(b), which require5 all lots to meet
Zoning Ordinance regulations. The
variance will create two lots from
three existing lots. One of the new
lots will not meet the lot width
required for the AG-2 District at 4166
and 4168 Charity Neck Road (GPINs
2411621321; 2411625215;
2411629089).
BFACH DISTRICT
Vail Marine Service and Supply, Inc.
(Applicant) / Diehl, Inc. (Owner)
Application: Conditional Use Permit
for boat maintenance and storage at
583 S. Birdneck Road (GPIN
2416482407).
&4YSIDE DISTRICT
CSA Virginia Beach, LLC (Applicant) /
Winner's Real Estate Holdings, LLC
(Owner) Application: Conditional Use
Permit for an indoor recreational
facility (indoor snooting range) at
5070 Virginia Beach Blvd
(GPI N 1467960131).
All interested citizens are invited to
attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances,
resolutions and amendments are on
file and may be examined in the
Department of Planning or online at
For
information call\385-4621.
If you are physicalty disabled or
visualry impalred antl need
assistance ai this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303.
Beacon June 9& 16, 2013
23599016
11
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CITY OF VIRGINIA BEACH
AGENDAITEM .
ITEM: An Ordinance extending the date for satisfying the conditions in the matter of
closing an unimproved portion of Cleveland Street (DISTRICT 2-
KEMPSVILLE)
MEETING DATE: June 25, 2013
¦ Background:
On June 13, 2012, the Planning Commission passed a motion recommending
that City Council approve a request by The Runnymede Corporation ("Applicant")
to close a 60-foot wide unimproved portion of Cleveland Street located between
the existing cul-de-sac terminus of Cleveland Street west of its intersection with
Clearfield Avenue and a former borrow pit (now lake) owned by the City of
Virginia Beach.
On July 2, 2012, by Ordinance ORD-3245A, City Council approved the
Applicant's request, subject to the following conditions being met by July 2, 2013:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The Applicant shall enter into an Exchange
Agreement with the City to convey a portion of its property, of approximately
the same size as the property subject to this street closure, to the City at no
cost.
2. The Applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The Applicant shall
dedicate a variable width permanent public utility easement and a variable
width temporary construction easement along the southernmost portion of
Applicant's adjacent parcel (GPIN 1467-55-6189), as established by the
Department of Public Works and satisfactory to the City Attorney. The plat
must be submitted and approved for recordation prior to final street closure
approval.
3. The Applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies
indicate that there are no private utilities within the right-of-way proposed for
closure. If private utilities do exist, easements satisfactory to the utility
company must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
On May 29, 2013, the Applicant requested an additional six (6) months to meet
the conditions set forth in Ordinance ORD-3245A, so that it could conclude the
Exchange of Property as required under the Ordinance.
Staff has concluded that the request for additional time is reasonable.
¦ Recommendations:
Allow an extension of 6 months for satisfaction of the conditions.
¦ Attachments:
Ordinance
Location Map
Recommended Action: Approval
Submitting Department/Agency:
City Manager: L ,
Planning Department
4v't
`
1 AN ORDINANCE EXTENDING THE DATE
2 FOR SATISFYING THE CONDITIONS IN THE
3 MATTER OF CLOSING AN UNIMPROVED
4 PORTION OF CLEVELAND STREET
5 (DISTRICT 2 - KEMPSVILLE)
6
7 WHEREAS, on July 2, 2012, City Council acted upon the application of
8 The Runnymede Corporation (the "Applicant") for the closures of a portion of a 60-foot
9 wide unimproved portion of Cleveland Street located between the existing cul-de-sac
10 terminus of Cleveland Street west of its intersection with Clearfield Avenue and a former
11 borrow pit (now lake) owned by the City of Virginia Beach, as shown on Exhibit A
12 attached hereto;
13
14 WHEREAS, on July 2, 2012, City Council adopted an Ordinance (ORD-
15 3245A) to close the aforesaid unimproved portion of Cleveland Street, subject to certain
16 conditions being met on or before July 1, 2013; and
17
18 WHEREAS, on May 29, 2013, the Applicant requested a six (6) month
19 extension of time to satisfy the conditions to the aforesaid street closure action;
20
21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
22 Virginia Beach, Virginia:
23
24 That the date for meeting conditions of closure as stated in the Ordinance
25 adopted on July 2, 2012 (ORD-3245A), upon application of the City of Virginia Beach is
26 extended to January 2, 2014.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia, on this
29 day of , 2013.
30
31 NO GPIN (RIGHT-OF-WAY)
Adjacent to 1467-55-2459 and 1467-55-6189
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
OIQAZM w\ V44
City Attorney Plannin Departme
CA12571
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: GREG E. JAQUITH (Applicant) / GREG. E & MARY G. JAQUITH (Owners),
Variance to the Subdivision Reuulations, Section 4.4 (b), which requires all lots to
meet Zoning Ordinance regulations. 4166 & 4168 Charity Neck Road (GPINs
2411621321; 2411625215; 2411629089). PRINCESS ANNE DISTRICT.
MEETING DATE: June 25, 2013
¦ Background:
There are currently three parcels that were created by deed without the benefit of
a subdivision plat, as required. The parcels are zoned AG-1 and AG-2
Agricultural Districts.
It is the intent of the applicant to resubdivide the existing three parcels into two
Lots (labeled as Lot GJ-1 and Lot GJ-2 on the submitted subdivision plat).Lot GJ-
2 will be a flag lot that does not meet the minimum lot width requirement for the
Agricultural Districts of 150 feet. The applicant, therefore, is requesting a
variance to that requirement.
¦ Considerations:
Proposed Lot GJ-1 will total one acre. This parcel will contain the existing single-
family dwelling that is located on Charity Neck Road, the septic drainfield for this
dwelling and the detached shed that is an accessory structure to the dwelling.
The existing road frontage of Parcel A will become the road frontage for
proposed Parcel GJ-1. The new parcel will meet the minimum lot width and lot
area requirements.
Proposed Lot GJ-2 will total 6.27 acres and meet the minimum lot area
requirement. This parcel will contain the existing single-family dwelling that is
located to the rear of these sites. A 50-foot lot width is being provided at the right-
of-way to ensure an adequate turning area for the applicant's horse trailers; the
lot width is 36-feet at the 50-foot setback, which is the point where the Zoning
Ordinance specifies lot width is actually measured.
The purpose of the subdivision is to realign property lines for the purpose of
locating structures, septic drainfields, and access points on the respective lots
that contain the associated dwellings. Since this request also consolidates
parcels, and no additional density is being requested, the request is in keeping
with the Rural Area policies of the Comprehensive Plan.
There was no opposition to the request.
Greg E. & Mary G. Jaquith
Page 2 of 2
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following condition:
The subject site shall be resubdivided substantially in accordance with the
submitted preliminary subdivision plat entitled "Resubdivision Plat of
Parcel A(2.70 Acres), Parcel A-1 (2.3 Acres) and Parcel A-2 (2.26 Acres),
Plat of Exchange of Property Begtween Adjacent Landowners (Hugh
Etheridge ET UX & C.Randolph Zehmer Et UX "; dated February 19,
2013 and prepared by Owen & Jordal. Said plat has been exhibited to the
Virginia Beach City Council and is on file in the Virginia Beach Planning
Department.
¦ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting DepartmentlAgency: Planning Department
City Manage . ? ?'
PRINGESS nnne Gre E. Ja uith
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Subdivision Vrisnx
5
May 8, 2013 Public Hearing
APPLICANT:
GREG E.
JAQU ITH
PROPERTY OWNERS:
GREG E. & MARY
G. JAQUITH
STAFF PLANNER: Ray Odom
REQUEST:
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance
ADDRESS / DESCRIPTION: 4166 and 4168 Charity Neck Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
2411621321; 2411625215; PRINCESS ANNE 7.27 acres Less than 65 dB DNL
2411629089
BACKGROUND / DETAILS OF PROPOSAL
Existing Lot: There are currently three parcels that were created by deed without the benefit of a
subdivision plat, as required. The parcels are zoned AG-1 and AG-2 Agricultural Districts.
. Existing Parcel A1 totals 2.30 acres and contains an existing single-family dwelling that is located
on Charity Neck Road. This parcel meets the minimum lot width and lot area requirements of the
district.
• Existing Parcel A totals 2.7 acres and contains an existing single-family dwelling, located to the
rear of the parcel, and a detached shed. The parcel is a flag lot that does not meet the minimum
lot width requirement, but does meet the minimum lot area requirement. Several subdivision- and
zoning-related issues exist on Parcels A and A1:
o The shed located on Parcel A is actually an accessory structure to the single-family
dwelling on existing Parcel A1.
o Access to Parcel A is through Parcel A1
o Parcel A contains the septic drainfield for Parcel A1.
GREG E. & MARY G. JAQUITH
Agenda Item 5
Page 1
• Existing Parcel A2 totals 2.26 acres and is undeveloped. This parcel meets the minimum lot area
requirement, but it does not have frontage on a public street as required.
Proposed Lots: It is the intent of the applicant to resubdivide the existing three parcels into two parcels.
Proposed Lot GJ-1 will total one acre. This parcel will contain the existing single-family dwelling that is
located on Charity Neck Road, the septic drainfield for this dwelling and the detached shed that is an
accessory structure to the dwelling. The existing road frontage of Parcel A will become the road frontage
for proposed Parcel GJ-1. The new parcel will meet the minimum lot width and lot area requirements.
Proposed Lot GJ-2 will total 6.27 acres and meet the minimum lot area requirement. This parcel will
contain the existing single-family dwelling that is located to the rear of these sites. Existing Parcel A2,
which does not have road frontage is being incorporated into this lot. Lot GJ-2 will be a flag lot that does
not meet the minimum lot width requirement, which thus requires a variance. A 50-foot lot width is being
provided at the right-of-way to ensure an adequate turning area for the applicanYs horse trailers; the lot
width is 36-feet at the 50-foot setback, which is the point where the Zoning Ordinance specifies lot width
is actually measured. The road frontage for this lot is being relocated from north of the existing dwelling
on Charity Neck Road to the south of the dwelling where the existing access to the rear structure is
located. All existing entrances will be utilized and no additional curb cuts will be required.
jtem RMuimd Lot GJ-1 Lot GJ_2
Lot W idth in feet 150 170 36*
Lot Area in acres 1 1 6.27
"Variance required
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family homes
SURROUNDING LAND North: . Single-family dwellings / AG-1 & AG-2 Agricultural Districts
USE AND ZONING: South: . Single-family dwellings / AG-1 & AG-2 Agricultural Districts
East: . Single-family dwellings / AG-1 & AG-2 Agricultural Districts
West: . Charity Neck Road / Single-family dwellings / AG-2
Agricultural District
COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located
within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to
Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this
area is low, flat land with wide floodplains and altered drainage. It is a place that still contains working
farms, farm related businesses, and limited non-residential areas along with some scattered housing
sites. There is a significant presence of existing agriculture and rural-based economic activities in this
part of Virginia Beach. Most of the area is comprised of Land Management soils. These are somewhat
Poorly, Poorly or Very Poorly drained soils. The City's Rural Preservation Plan policies seek to:
• preserve and promote the opportunity for continued agricultural production;
• recognize the rural character and the need to preserve its open space and scenic beauty;
• protect and sustain environmental resources for future generations;
• provide reasonable rural development opportunities; and,
GREG E. & MARY f . JAQ'UItH
Agenda Item 5
Page 2
• eliminate the need for urban infrastructure.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
Staff finds this to be a simple request to realign property lines for the purpose of locating structures, septic
drainfields, and access points on the lots that contain the associated dwellings. Since this request also
consolidates parcels, and no additional density is being requested, the request is in keeping with Rural
Area policies of the Comprehensive Plan.
Staff recommends approval of this request with the condition below.
CONDITION
The subject site shall be resubdivided substantially in accordance with the submitted preliminary
subdivision plat entitled "Resubdivision Plat of Parcel A(2.70 Acres), Parcel A-1 (2.3 Acres) and
Parcel A-2 (2.26 Acres), Plat of Exchange of Property Begtween Adjacent Landowners (Hugh
Etheridge ET UX & C.Randolph Zehmer Et UX "; dated February 19, 2013 and prepared by Owen
& Jordal. Said plat has been exhibited to the Virginia Beach City Council and is on file in the
GREG E. & MARY G. JAQ`liITH
Agenda Item 5
Page 3
Virginia Beach Planning Department.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances. Plans submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Dffice within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strafegies as they pertain to this site.
. ., {
GREG E. & MARY'G. JAQ70.It-H
Agenda Item 5
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Agenda Item 5
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LVIVU?v nI%? I vIN I
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
F1. the applicant is a corporation, partnership, firm, business, or other unincorporated
rgan¢a6on, complete the following:
List the applipnt name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary) ca?5 co ,:.? tvio a-{ 6,.)avyM
71qM GQ.t?C.L ••?taQ??'r-? ?. Mh?-Y G JAQ.,?Tti l..i?/w!.'TTtJS-r
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach lisf if necessary)
? Chedc here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is diffeient from applicant
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the properiy owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes [I No Er
If yes, what is the name of the official or employee and the nature of their interest?
SubdNlaon Variance ApPlicetlon
Pape 9 of 10
Revised 3N 1PoB
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DISCLOSURE STATEMENT
GREG E. & MARY G. JAQUITH
Agenda Item 5
Page 11
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, inciuding but not limited to the providers of architectural
services, real estate services, financial services, accounting senrices, and legal
services: (Attach list ff necessary)
pW C?-1 ?.1 OW??.. ?t JC - ?..b?> S?T2.?6?{o?S
''Parent-subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the votin9
power of another corporation " See State and Local Govemment Conflid of Interests Act, Va.
Code § 2.2-3101.
Z"Affiliated business entity relafionship" means 'a relationship, other than parent-
subsidiary relationship, that exisis when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one eMity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled tunds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is othervvise a dose working relationship
between the entifies.' See State and Local Govemment CorHlid of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certity that the intormation contained herein is true and accwate.
1 understend that, upon receipt of notification (postoerd) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing accarding to the instrudions in this package. The
undersigned also consents to entry upon the subject property by employees of the Departrnent of
Planning to photograph and view the site for purposes of processing and evaluating this applicafion.
t'? ?\;.;?. 4,e tz L14 4 1-7*..
!APpli n s Sign Print Name
-.? 7 4Q,L?.- ?qy
"Prope Owner's ign ure (if different than applicant) Print Name
SuDdWhion Varience Appliution
Page 10 of 10
Revisetl 7/112008
DISCLOSURE STATEMENT
GREG E. & MARY G. JAQUITH
Agenda Item 5
Page 12
Item #5
Greg E. Jaquith
Variance to the Subdivision Regulations
4166 & 4168 Charity Neck Road
District 7
Princess Anne
May 8, 2013
CONSENT
An application of Greg E. Jaquith for a Subdivision Variance to Section 4.4(b) of the
Subdivision Ordinance that requires all newly created lots meet all the requirements of
the City Zoning Ordinance on property located at 4166 and 4168 Charity Neck Road,
District 7, Princess Anne. GPIN: 2411621321; 2411625215; 2411629089.
CONDITIONS
The subject site shall be resubdivided substantially in accordance with the
submitted preliminary subdivision plat entitled "Resubdivision Plat of Parcel A
(2.70 Acres), Parcel A-1 (2.3 Acres) and Parcel A-2 (2.26 Acres), Plat of
Exchange of Property Begtween Adjacent Landowners (Hugh Etheridge ET UX &
C.Randolph Zehmer Et UX "; dated February 19, 2013 and prepared by Owen &
Jordal. Said plat has been exhibited to the Virginia Beach City Council and is on
file in the Virginia Beach Planning Department.
NOTE: Further conditions may be required during the administration of
applicable City Ordinances. Plans submitted with this application may require
revision during detailed site plan review to meet all applicable City Codes and
Standards.
The applicant is encouraged fo contact and work with the Crime Prevention
Office within the Police Department for crime prevention techniques and Crime
Prevention Through Environmental Design (CPTED) concepts and strategies as
they pertain to this site.
AYE 11 NAY 0
ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
Item #5
Greg E. Jaquith
Page 2
RUSS AYE
THORNTON AYE
By a vote of 11-0, the Commission approved item 5 by consent.
Greg E. Jaquith appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: VAIL MARINE SERVICE & SUPPLY, INC. (Applicant) / DIEHL, INC. (Owner),
Conditional Use Permit for boat maintenance and storage. 583 S. Birdneck Road
(GPIN 2416482407). BEACH DISTRICT.
MEETING DATE: June 25, 2013
¦ Background:
This request is for a Conditional Use Permit to allow the operation of a boat
repair business with storage on the subject site. The applicant operates a boat
repair business in Chesapeake and intends to relocate to Virginia Beach.
¦ Considerations:
The existing site has two buildings located on it. The smaller building to the rear
of the site will be used for the boat repair business. The larger building along the
front of the site is occupied by existing office-warehouse businesses. The
applicant will have three or four employees. Hours of operation may vary with the
need for boat repair. Some mobile repair work may be done at the dock; some
boats will be repaired on the site. There will be a temporary storage area for
boats under repair within a fenced and secured storage area.
The Zoning Ordinance requires the bulk storage area to be enclosed by a
Category VI screening, which consists of a minimum six-foot tall solid fence and
Category I landscape plantings. Since this is a requirement of the Zoning
Ordinance, the screening must be installed as described, or the City Council can
allow a deviation to the requirement. Section 221(i) of the City Zoning Ordinance
stats that, "The city council may, for good cause shown and upon a finding that
there will be no significant detrimental effects on surrounding properties, allow
reasonable deviations from the following requirements otherwise applicable to
the proposed development:
(1) required setbacks;
(2) required landscaping;
(3) height restrictions, except as provided in Section 202(b); and
(4) minimum lot area requirements."
The Evaluation section of the staff report, which is provided to the Planning
Commission, mentions what was at the time an unresolved issue pertaining to
the location of fencing on adjacent properties. Just prior to the Planning
Commission Hearing, and too late to change the report, letters from the adjacent
Vail Marine Service & Supply, Inc.
Page 2 of 3
property owners and easement holders permitting the fencing to be located on
their properties were provided to staff. Thus, staff's major objection was resolved
at the time of the Hearing.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. When the property is developed for the boat storage, it shall be developed
substantially as shown on the submitted Exhibit.
2. No outdoor storage of any kind other than boats, vessels, or watercraft shall
be permitted within the limits of the storage area. No outdoor storage of
equipment, parts, materials, or junked boats or vessels shall be permitted.
3. The fenced-in boat storage area shall have a paved and/or gravel surface
treatment.
4. There shall be no barbed wire installed along the top or any other portion of
the fence.
5. All storage containers not allowed on the site by the Zoning Ordinance shall
be removed from the site.
6. If lighting is to be installed, a lighting plan shall be submitted to the
Development Services Center for review and approval prior to final approval
of the final site plan. Such lighting shall be designed and installed to avoid
projection of light and glare onto adjacent properties or, due to the site's
location within Accident Potential Zone (APZ-2), upward.
7. As allowed by Section 221(i) of the Zoning Ordinance and based on a finding
that there will not be significant detrimental effects on the surrounding
properties by such action, a deviation to the screening requirements for bulk
storage yards (Section 228) is permitted as follows. A 6'-0" tall chain-link
fence with privacy mesh installed the width and height of each fence panel
shall be allowed in lieu of the required 6'-0" tall solid privacy fence. The
required Category I landscape buffer, however, shall be installed along the
front, east-facing fencing.
¦ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Vail Marine Service & Supply, Inc.
Page 3 of 3
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
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REQUEST:
Conditional Use Permit (Boat Repair and Storage)
ADDRESS / DESCRIPTION: 583 S. Birdneck Road
6
May 8, 2013 Public Hearing
APPLICANT:
VAI L MARI N E
SERVICE &
SUPPLY, INC.
PROPERTY OWNER:
DIEHL, LLC
STAFF PLANNER: Karen Prochilo
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24164824070000 BEACH 62,537 square feet Greater than 75 dB
DNL APZ 2
BACKGROUND / DETAILS OF PROPOSAL
This request is for a Conditional Use Permit to allow the operation of a boat repair business with storage
on the subject site. The applicant operates a boat repair business in Chesapeake and intends to relocate
to Virginia Beach. The applicant has previously operated a boat repair business in Virginia Beach.
The applicant will have three or four employees. Hours of operation may vary with the need for boat
repair. Some mobile repair work may be done at the dock; some boats will be repaired on the site. There
will be a temporary storage area for boats under repair within a fenced and secured storage area.
The existing site has two buildings located on it. The smaller building to the rear of the site will be used for
the boat repair business.
VAIL MARINE SERVICE & SUPPLY, INC.
Agenda Item 6
Page 1
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Industrially developed site with two buildings and associated parking
SURROUNDING LAND North: . Office-warehouses / I-1 Light Industrial District
USE AND ZONING: South: . Dominion Virginia Power substation (under construction) / I-
1 Light Industrial
• Office-warehouses / I-1 Light Industrial District
East: . Veterinarian's Office / I-1 Light Industrial District
• S. Birdneck Road
• Single-family dwellings / R-10 Residential District
West: . Office-warehouses / I-1 Light Industrial District
NATURAL RESOURCE AND The site is bisected by the Great Neck Creek and Owls Creek
CULTURAL FEATURES: Watersheds; however, there are no significant environmental
features on the site as a majority of the site is developed. There is a
Dominion Power easement crossing the property. A Dominion
Power transmission tower is also located on the site.
COMPREHENSIVE PLAN: This area of the City is within Special Economic Growth Area 1(SEGA 1),
East Oceana, which is part of the Suburban Area. The City supports development and redevelopment of
SEGAs consistent with AICUZ provisions and the City's economic growth strategy. Much of this area is
constrained by floodplain or Navy restrictive easements.
In the eastern area, low intensity light industrial uses and limited retail are recommended with significant
buffers to shield the Seatack neighborhood from possible intrusive impacts.
The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for
site and building design. Developments that incorporate a carefully designed landscape package are
more attractive, safer and retain higher economic value than those that do not. Landscaping can play
many roles, both functional and aesthetic, in promoting a quality physical environment. Screening may
include fences, walls, berms, hedgerows and massing of plant material. (p. B-9)
All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for
the development without projecting light and glare onto adjacent properties or into the sky. Lighting of
non-residential buildings should be designed as an integral part of the buildings architecture to be as
unobtrusive as possible. (p. B-10)
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Traffic
Engineering has no comments on the proposal. The proposed boat repair and storage use is typical of the
I-1 Light Industrial zoning; therefore, there will be no expected increase or decrease in site traffic as a
result of the proposal. There does not appear to be any access issues resulting from this proposal since
VAIL MARINE SERVICE &,SUPPLY
Agenda
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access from the site will be from existing drive aisles and access point, which is located on Birdneck Road.
WATER: This site connects to City water. The existing 1-inch meter (City ID #95081238) can be used or
upgraded to accommodate this proposal. There is a 30-inch City water main and a 12-inch City water line
in S. Birdneck Road. There is an 8-inch abandoned City water line and a 12-inch abandoned City water
line in S. Birdneck Road.
SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #122 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity
sanitary sewer main in S. Birdneck Road.
FIRE: No comments.
EVALUATION AND RECOMMENDATION
The proposed request for boat repair and storage is consistent with the Comprehensive Plan's land use
policies for SEGA 1, East Oceana, and is, therefore, an appropriate use. There remains, however, an
issue, which, in staff's opinion, requires resolution. At some point after the submission of the application
for this Use Permit, the applicant had chain-link fencing installed around the site. The fencing, however,
has been installed on land owned by adjacent property owners, as well as within easements of the City of
Virginia Beach and Dominion Virginia Power. The applicant has not provided staff with any
documentation from those parties indicating permission for the fence to be installed as it has.
Beyond that issue, the currently installed fencing does not meet the ordinance requirements for the bulk
storage fencing. The Zoning Ordinance requires the bulk storage area to be enclosed by a Category VI
screening, which consists of a minimum six-foot tall solid fence and Category I landscape plantings. Since
this is a requirement of the Zoning Ordinance, the screening must be installed as described, or the
Planning Commission, and ultimately, the City Council can allow a deviation to the requirement.
Section 221(i) of the City Zoning Ordinance stats that, "The city council may, for good cause shown and
upon a finding that there will be no significant detrimental effects on surrounding properties, allow
reasonable deviations from the following requirements otherwise applicable to the proposed
development:
(1) required setbacks;
(2) required landscaping;
(3) height restrictions, except as provided in Section 202(b); and
(4) minimum lot area requirements."
Due to the lack of documentation from the applicant that the installation of the fencing is permitted by the
adjacent property owners and by the holders of the easements, Staff recommends deferral of this
request.
The conditions below are provided in the event that the applicant provides letters of agreement from the
adjacent property owners whose property the fencing has been installed on and letters from the City of
Virginia Beach and Dominion Power regarding the fencing in their easements.
VAIL MARINE SERVICE & SUPPLY, INC.
Agenda Item 6
Page 3
If the Planning Commission determines to recommend approval of this request without the documentation
pertaining to the fence, staff recommends the conditions below with the proviso that prior to this item
being heard by the City Council, the applicant shall provide staff with documentation showing that the
installation of the fencing is permitted by the adjacent property owners and by the holders of the
easements.
CONDITIONS
1. When the property is developed for the boat storage, it shall be developed substantially as shown
on the submitted Exhibit.
2. No outdoor storage of any kind other than boats, vessels, or watercraft shall be permitted within
the limits of the storage area. No outdoor storage of equipment, parts, materials, or junked boats
or vessels shall be permitted.
3. The fenced-in boat storage area shall have a paved and/or gravel surface treatment.
4. There shall be no barbed wire installed along the top or any other portion of the fence.
5. All storage containers not allowed on the site by the Zoning Ordinance shall be removed from the
site.
6. If lighting is to be installed, a lighting plan shall be submitted to the Development Services Center
for review and approval prior to final approval of the final site plan. Such lighting shall be
designed and installed to avoid projection of light and glare onto adjacent properties or, due to
the site's location within Accident Potential Zone (APZ-2), upward.
As allowed by Section 221(i) of the Zoning Ordinance and based on a finding that there will not
be significant detrimental effects on the surrounding properties by such action, a deviation to the
screening requirements for bulk storage yards (Section 228) is permitted as follows. A 6'-0" tall
chain-link fence with privacy mesh installed the width and height of each fence panel shall be
allowed in lieu of the required 6'-0" tall solid privacy fence. The required Category I landscape
buffer, however, shall be installed along the front, east-facing fencing.
NOTE: Further conditions may be required during the administrafion of applicable City
Ordinances and Standards. Any sife plan submitted with this application may require revision
during detailed site p/an review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of P/anning /
Development Services Center and Department of Planning / Permits and /nspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Departmenf for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as they pertain to this sife.
VAIL MARINE SERVICE & ?SUPPLY, ?VC.
Agenda It?f:n 6
Fac?e 4
AERIAL OF SITE LOCATION
VAIL MARINE SERVICE & SUPPLY, INC.
Agenda Item 6
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VAIL MARINE SERVICE & SUPPLY, INC.
Agenda Item 6
Page 6
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EXTERIOR PHOTOGRAPHS OF PROPERTY
VAIL MARINE SERVICE & SUPPLY, INC.
Agenda Item 6 :
Page 7
# DATE REQUEST ACTION
1 09/12/2006 Conditional Rezonin R-10 to Conditional I-1 A roved
2 04/12/2005 Conditional Use Permit Bu?k Stora e Yard A roved
3 07/13/2004 Conditional Rezonin B-2 to Conditional I-1 A roved
4 10/23/2001 Conditional Use Permit Auto Re air Gara e A roved
11/10/1998 Conditional Use Permit Minor Auto Re air & Bulk Stora e A roved
5 10/09/2001 Subdivision Variance A roved
6 08/28/2001 Conditional Use Permit Borrow Pit A roved
7 04/11/2000 Subdivision Variance A roved
8 03/26/1996 Subdivision Variance Ap roved
9 03/22/1994 Subdivision Variance A roved
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VAIL MARINE SERVICE & SUPPLY, INC.
Agenda Item 6
Page 8
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach lisf if necessary)
Vail Marine Service & Supply, Inc.: Michael N. Vail, President; Alan Lane, C.E.O.;
Vickie L. Vail, Secretary/Treasurer
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach lisf if necessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is differenf from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Diehl, LLC: Lois Bostic, Estate of James Bostic and Lois Bostic Trustee, Members
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
? Check here ff the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
& See next page for footnotes
Conditional Use Pertnit Applip6on
Page 9 of 10
Revised 9/12004
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DISCLOSURE STATEMENT
VAIL MARINE SERVICE & SUPPLY, INC.
J Agenda Itdn 6
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DISCLOSURE STATEMENT 11
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahem & Levy, P.C.
Gallup Surveyors & Engineers, Ltd.
David Stoyanoff, Esquire
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2"Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
mar?agement or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or othervvise share activities, resources or
personnel on a regular basis; or there is othervvise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va.
Code § 22-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to e structions in this package.
Vail Marin Serv' e& Supply, Inc.
By. -- Alan Lane, C.E.O.
ApplicanYs Signature Print Name
Diehl, LLC L?y ,5 ? ??•?
By:
PropeRy Owi er's Signature (if different than applicant) Print Name
Conditional Use Pertnii Application
Page 10 of 10
Revised 9/12064
DISCLOSURE STATEMENT
VAIL MARINE SERVICE & SUPPLY, fNC.
4 Agenda It?jn 6
` Page 1;0
item #6
Vail Marine Service & Supply, Inc.
Conditional Use Permit
583 S. Birdneck Road
District 6
Beach
May 8, 2013
CONSENT
REQUEST:
An application of Vail Marine Service & Supply, Inc
Repair and Storage) on property located at 583 S.
G P I N: 24164824070000.
. for a Conditional Use Permit (Boat
Birdneck Road, District 6, Beach.
CONDITIONS
1. When the property is developed for the boat storage, it shall be developed
substantially as shown on the submitted Exhibit.
2. No outdoor storage of any kind other than boats, vessels, or watercraft shall be
permitted within the limits of the storage area. No outdoor storage of equipment, parts,
materials, or junked boats or vessels shall be permitted.
3. The fenced-in boat storage area shall have a paved and/or gravel surface treatment.
4. There shall be no barbed wire installed along the top or any other portion of the
fence.
5. All storage containers not allowed on the site by the Zoning Ordinance shall be
removed from the site.
6. If lighting is to be installed, a lighting plan shall be submitted to the Development
Services Center for review and approval prior to final approval of the final site plan.
Such lighting shall be designed and installed to avoid projection of light and glare onto
adjacent properties or, due to the site's location within Accident Potential Zone (APZ-2),
upward.
7. As allowed by Section 221(i) of the Zoning Ordinance and based on a finding that
there will not be significant detrimental effects on the surrounding properties by such
action, a deviation to the screening requirements for bulk storage yards (Section 228) is
permitted as follows. A 6'-0" tall chain-link fence with privacy mesh installed the width
and height of each fence panel shall be allowed in lieu of the required 6'-0" tall solid
privacy fence. The required Category I landscape buffer, however, shall be installed
along the front, east-facing fencing.
Item #6
Vail Marine Service & Supply, Inc.
Page 2
NOTE: Further conditions may be required during the administration of applicable
City Ordinances and Standards. Any site plan submitted with this application may
require revision during detailed site plan review to meet all applicable City Codes
and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office
within the Police Department for crime prevention techniques and Crime
Prevention Through Environmental Design (CPTED) concepts and strategies as
they pertain to fhis site.
AYE 11 NAY 0
ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 11-0, the Commission approved item 6 by consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: CSA VIRGINIA BEACH, LLC (Applicant) / WINNER'S REAL ESTATE HOLDINGS,
LLC (Owner), Conditional Use Permit for an indoor recreational facility (indoor
shooting range). 5070 Virginia Beach Blvd (GPIN1467960131). BAYSIDE DISTRICT.
MEETING DATE: June 25, 2013
¦ Background:
The applicant requests a Conditional Use Permit to allow development of the site
for an indoor shooting range, which the Zoning Ordinance classifies as an Indoor
Recreation Facility. The facility will include the sale of firearms; however, that use
is permitted without a Conditional Use Permit, as it is retail. The operation of a
shooting range within the city, whether indoor or outdoor, does require a Use
Permit. The applicant currently operates the largest indoor shooting range in the
United States, which is located in Henrico County, Virginia. The facility proposed
by the applicant for the subject site will be modeled after that operation.
¦ Considerations:
The interior of the existing 51,000 square foot building will be renovated to
accommodate retail space for the sale of firearms and accessories, 52 shooting
lanes, educational/training facilities (classrooms and gunsmithing), and a cafe
area serving prepared foods.
The exterior of the existing building is proposed to be slightly modified to include
paint in neutral colors and the addition of signage on the existing arcade above
the entry. The applicant proposes to install noise attenuation measures, and staff
is recommending as a condition of approval, the installation of sound dampening
backstops and insulation for the range lanes. The existing 269 parking spaces
provide ample parking for this use, as the Zoning Ordinance requires 255 parking
spaces. All existing plant materials within the parking lot, as well as the existing
buffer adjacent to the residential dwellings to the east, are proposed to remain.
Additional details pertaining to the proposed use are provided in the attached
staff report.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 10-0-1,
recommends approval of this request to the City Council with the following
conditions:
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CUP !or Indow Reaesfion Fscility
REQUEST:
Conditional Use Permit (indoor recreation facility)
ADDRESS 1 DESCRIPTION: 5070 Virginia Beach Boulevard
1
May 8, 2013 Public Hearing
APPLICANT:
CSA VIRGINIA
BEACH, LLC
PROPERTY OWNER:
WINNER'S REAL
ESTATE
HOLDINGS, LLC
STAFF PLANNER: Carolyn A.K. Smith
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14679601310000 BAYSIDE 5.15 acres Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow development of the site for an indoor shooting
range, which the Zoning Ordinance classifies as an Indoor Recreation Facility. The facility will include the
sale of firearms; however, that use is permitted without a Conditional Use Permit, as it is retail. The
operation of a shooting range within the city, whether indoor or outdoor, does require a Use Permit. The
applicant currently operates the largest indoor shooting range in the United States, which is located in
Henrico County, Virginia. The facility proposed by the applicant for the subject site will be modeled after
that operation.
In 2010, a Conditional Use Permit for motor vehicle sales, rental, service, and a body repair shop was
granted by the City Council for the subject site. That proposal was never brought to fruition, and this
request, if approved, would supersede that 2010 Conditional Use Permit.
The interior of the existing 51,000 square foot building will be renovated to accommodate retail space for
the sale of firearms and accessories, 52 shooting lanes, educational/training facilities (classrooms and
gunsmithing), and a cafe area serving prepared foods. The heated and cooled space is open to the
public; however, a membership can also be purchased. Firearms sales focus on target, recreational, self-
defense, and competitive firearms. Strict adherence to a dress code will be enforced and entry can be
CSA VIRGINIA BEACH, LLC
Agenda Item 1
Page 1
denied to a patron for a dress code violation as well as if the patron is suspected to be under the
influence of alcohol or drugs. Prior to any shooting on the range, all patrons must undergo a brief test of
shooting ability as well as view a video on firearm safety. A photo identification card is retained while
patrons are on site. According to the applicant, a Range Safety Officer, certified by the National Rifle
Association (NRA), will be on the range whenever anyone is shooting. Corporate team building events
and parties are proposed, as well as competitions sanctioned by the International Defensive Pistol
Association (IDPA). The IDPA limits competition to handguns (no more than 10 rounds) in holsters, based
on time taken to shoot plus time added for penalties. It is the hope of the applicant that in the future,
military, law enforcement, and security officer training would also occur at this location.
The exterior of the existing building is proposed to be slightly modified to include paint in neutral colors
and the addition of signage on the existing arcade above the entry. The applicant proposes to install
noise attenuation measures, and staff is recommending as a condition of approval, the installation of
sound dampening backstops and insulation for the range lanes. The existing 269 parking spaces provide
ample parking for this use, as the Zoning Ordinance requires 255 parking spaces. All existing plant
materials within the parking lot, as well as the existing buffer adjacent to the residential dwellings to the
east, are proposed to remain.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Vacant building, formerly used as retail
SURROUNDING LAND North: . Office / B-2 Community Business District
USE AND ZONING: South: • Virginia Beach Boulevard
• Auto sales / B-2 Community Business District
East: . Single-family homes / R-7.5 Residential District
West: • Witchduck Road
• Retail / B-2 Community Business District
NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As the site is
CULTURAL FEATURES: almost entirely impervious, there are no significant environmental or
cultural features on the site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Pembroke
Strategic Growth Area (SGA), Western Campus District, which recommends redevelopment of properties
for a mid- to low-rise academic village and service district.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia
Beach Boulevard in the vicinity of this application is considered an eight-lane, divided, major urban arterial.
The MTP proposes an eight-lane facility within a 155-foot right-of-way.
5„
CSA VIRGINI?#.BEACH,,J.LC
, ..
Agenda It*n 1
age 2
North Witchduck Road in the vicinity of this application is considered a four-lane, divided, minor urban
arterial. The MTP proposes a four-lane facility within a 110-foot right-of-way.
Witchduck Road - Phase II (CIP 2-025) will provide a six-lane, divided roadway, on a 131-foot right-of-way
from I-264 to Virginia Beach Boulevard, a distance of approximately 3,550 feet. Aesthetic improvements
will be provided to enhance this roadway corridor. Roadway modifications also include Admiral Wright
Road and Denn Lane.
TRAFFIC: Street Name Present present Capacity Generated Traffic
Volume
Virginia Beach 31,993 ADT 34,940 ADT (Level of
Boulevard Service "C") - 64,260
ADT' (Level of Service
"E") Existing Land Use 2- 1,697
North Witchduck 17,272 ADT 14,800 ADT (Level of ADT
3
Road Service "C") - 27,400 - 780
Proposed Land Use
ADT' (Level of Service ADT
„E„)
Average Daily Trips
Z as defined by auto sales consistent with existing Use Permit
3 Current ITE Trip Generation Manual does not contain trip generation rates for a shooting range. Current Planning staff, therefore,
used the rate for a bowling alley, the closest match (30 trips per lane), and reduced the result by 50% (to account for a shooting lane
accommodatin onl one individual at a time .
WATER: This site is already connected to City water. There is an existing eight-inch City water main along
North Witchduck Road and there are 16-inch and 20-inch water mains along Virginia Beach Boulevard.
The existing two-inch water meter and fire meter may be use or upgraded.
SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station #352 and the
sanitary sewer collection system may be required to ensure future flows can be accommodated. There is
an existing 10-inch City sanitary sewer gravity main along North Witchduck Road. Located within an
easement north of the site, there is an existing eight-inch City sanitary sewer gravity main and an existing
six-inch City sanitary sewer force main.
EVALUATION AND RECOMMENDATION
This portion of Virginia Beach Boulevard is highly commercialized with a mix of retail and auto-related
uses. As the Comprehensive Plan notes, this portion of Virginia Beach Boulevard serves a major
commercial corridor. The applicant's proposal to convert the existing 51,000 square foot building to an
indoor recreational facility, in Staff's view, is compatible with surrounding uses provided that adequate
noise attenuation is installed and maintained. This project does, however, fall short of ineeting the future
goals of the Pembroke Strategic Growth Area. The SGA Plan envisions a campus setting of mid- to low-
rise buildings accommodating academic institutions and service businesses. The proposal, however,
does bring activity to a site and structure that have been vacant for several years. At this point, the
CSA VIRGINIA BfACH, LLC
Agenda Item 1
Page 3
proposal is appropriate at this location, and over the long term, as the office market expands, this site
could be redeveloped to a more urban form and use.
As sound was a major consideration for Staff, the applicant was asked to provide information concerning
noise levels at their existing facility in Richmond, Virginia and this proposed site in Virginia Beach. The
ambient noise at the Richmond operation was recorded as measuring 65 d6. The firing tests recorded
sound levels between 51 dB to 75 dB. The ambient noise at the Virginia Beach Boulevard/Witchduck
Road intersection was measured between 55 d6 and 80 dB, dependent on distance from the busy
intersection. Based on the detail for additional noise attenuation measures the applicant proposes within
the existing building, one could expect the noise levels to be consistent with existing conditions. The
applicant has supplied information from a professional sound engineer who has concluded that the "levels
measured during the tests do not indicate any sound levels that would be detectable above normal
background levels in a residential area or quiet suburb." While there are other elements related to sound
and noise - tone, percussion - that cannot be predicted with this activity, to ensure protection and
preservation of the existing residential neighborhood to the east, Staff is recommending a condition that
the noise attenuation as presented in the submitted detail be required and that the Zoning Administrator
review annually the operation to consider and address any complaints received.
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 9:00
a.m. to 10:00 p.m.
2. The noise attenuation measures, as depicted on the exhibit entitled, "Colonial Shooting
Academy, Proposed Building Section and Wall Section," shall be installed as indicated on said
exhibit.
3. Renovations to the existing building and landscape materials shall adhere to the submitted plans
entitled "Colonial Shooting Academy," prepared by LDA Architects. Said elevations and plans
have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach
Planning Department.
4. The applicanYs 'Range Rules' shall be posted inside the indoor recreation facility and shall be
adhered to at all times.
5. No alcoholic beverages shall be served or permitted on site.
6. All locking devices on all exterior doors shall be high-quality security locking systems approved
by the Crime Prevention Through Environmental Design (CPTED) Office.
7. All storage containers shall be removed from the site prior to the issuance of a Certificate of
Occupancy from the Building Official's Office.
8. On an annual basis, commencing with the date of City CounciPs granting of this Use Permit, xhe
CSA VIRGINIii4:BfACH, ?LC
Agenda Itbtn 1
Pbge. 4
Zoning Administrator shall investigate any complaints received from the adjacent residential
area that may be due to the operation of the facility, and shall, if deemed necessary as a result
of the investigation, work with the applicanUfacility operator to make whatever structural or
operational modifications as necessary to address the issues.
NOTE: Further conditions may be required during the administrafion of applicable City
Ordinances and Sfandards. Any site p/an submitted with this application may require revision
during defailed site plan review to meef all applicable City Codes and Standards. All applicab/e
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Deparfinent of Planning / Permits and Inspections Division,
and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged fo contact and work with the Crime Prevention Office wifhin the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they perfain to this site.
CSA VIRGINIA. BEACH, t?LC
Agenda It? 1
Page 5
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Agenda Item 1
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FLOOR PLAN OF INTERIOR AND
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PHOTOGRAPHS OF INTERIOR (Retail and
Shooting Lanes)
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ZONING HISTORY
ACTION
# DATE REQUEST roved
A
1 02/23/10
08/12/02 CUP (motor vehicle sales)
CUP motor vehicle sales pp
A roved
A roved
2 07/13/93 CUP motor vehicle re air roved
A
3 12/17/93 CUP motor vehicie re air and service p
A roved
4 02/22/94 REZ A-12 to B-2 A roved
5 03115/01 Street Closure A roved
6 11/28/06 CUP school
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CSA VIRGINIA BEACH, LLC .?
Agenda Item 1 ?
Page 12 ?
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporadon, partnership, frm, business, or other unincorporated
organization, complete the following:
9. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
CSA Virginia Beach, LLC; Manager- Page S. Johnson, II
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach lisf if necessary)
Harmony Investrnents, Inc.; Colonisl Shooting Academy
? Chedc here ff the appifcant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete fhis sec6on on/y if property owneris di/fere»f from applicanl.
If the property owner is a corporation, partnership, firtn, business, or other
unincorporated organization, complete the foilowing:
1. List the property owner name iollowed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Winner's Real Estate Holdings, LLC
2. List ap businesses that have a parent-subsidiary' or affiliated business entity2
relatlonship with the applicant: (Attach lisf ff necessary)
Checkered Ftap Automotive Group lm
? Check here if the property owner is NOT a corporafion, partnership, firm,
business, or o#her unincorporated organization.
& See next page for footnotes
Does an official or eMoyee of City of Virginia Beach have an interest in the
subject land? Yes ? No
If yes, what is the name of the officlal or employee and the nature of their interest?
Jeffrey L. Hodgson - affiiiated with Appllcant
conditronal use Pen(al nPWkxtlw,
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CSA VIRGINIA BEACH,m?LLC
Agenda Item 1
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DISCLOSURE STATEMENT
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architecturaf
services, real estate services, financial senrices, accounting services, and legal
services: (Attach list if necessary)
Wiifcox & 5avage, PC
Lemole PoiMon Architects, PC _ m
'"Parent-subsidiary relationship' means °a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlUng owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantlally the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or othervvise share activities,
resources or personnet on a regular basis; or thare is otherwise a dose working relaiionship
between the entlties.° See State and Local Government Conflict of Interests Aci, Va. Code §
2.2-3ao1.
CERTIFICATION: f certify that the information contained herein is true and aocutate.
I understand that, upon receipt of notification (postcard) that the applicaGon has been scheduled for
puWic hearing, 1 am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consen#s to entry upon the subject property by employees of the Deparhnent of
Planning to photograph and view the site for purposes of processing and evaluating this applicstion.
ApplicanYs Sign re Print Name
Property Owner's Signaiure (ff different than applicant) Print Name
CondRlonal Use PermH AppRcaGon
Page 10 ot 70
DISCLOSURE STATEMENT
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CSA VIRGINIA:BEACH,.LLC
PAgenda lte?n 1
Pag4 14
Item #1
CSA Virginia Beach, L.L.C.
Conditional Use Permit
5070 Virginia Beach Boulevard
District 4
Bayside
May 8, 2013
REGULAR
An application of CSA Virginia Beach for a Conditional Use Permit (indoor recreation
facility) on property located at 5070 Virginia Beach Boulevard, District 4, Bayside.
G P I N: 14679601310000.
CONDITIONS
1. The hours of operation of the indoor recreation facility (shooting range) shall be
limited to 9:00 a.m. to 10:00 p.m.
2. The noise attenuation measures, as depicted on the exhibit entitled, "Colonial
Shooting Academy, Proposed Building Section and Wall Section," shall be installed
as indicated on said exhibit.
3. Renovations to the existing building and landscape materials shall adhere to the
submitted plans entitled "Colonial Shooting Academy," prepared by LDA Architects.
Said elevations and plans have been exhibited to the Virginia Beach City Council
and are on file in the Virginia Beach Planning Department.
4. The applicant's `Range Rules' shatl be posted inside the indoor recreation facility
and shall be adhered to at all times.
5. No alcoholic beverages shall be served or permitted on site.
6. All locking devices on all exterior doors shall be high-quality security locking
systems approved by the Crime Prevention Through Environmental Design
(CPTED) Office.
7. All storage containers shall be removed from the site prior to the issuance of a
Certificate of Occupancy from the Building Official's Office.
On an annual basis, commencing with the date of City Council's granting of this
Use Permit, the Zoning Administrator shall investigate any complaints received
from the adjacent residential area that may be due to the operation of the facility,
and shall, if deemed necessary as a result of the investigation, work with the
applicanUfacility operator to make whatever structural or operational modifications
as necessary to address the issues.
Item #1
CSA Virginia Beach, L.L.C.
Page 2
NOTE: Further conditions may be required during the administration of
applicable City Ordinances and Standards. Any site plan submitted with this
application may require revision during detailed site plan review to meet all
applicable City Codes and Standards. All applicab/e permits required by the City
Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and
Inspections Division, and the issuance of a Certificate of Occupancy, are
required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention
Office within the Police Department for crime prevention techniques and Crime
Prevention Through Environmental Design (CPTED) concepts and strafegies as
they pertain to this site.
AYE 10 NAY 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
ABS1 ABSENT
ABS
By a vote of 10-0, with the abstention so noted, the Commission approved item 1.
Stephen Davis appeared before the Commission on behalf of the applicant.
LC?°.,,? * aJ
.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 238 of the City
Zoning Ordinance Pertaining to Permitted Principal Uses and Structures in Mobile
Home Parks.
MEETING DATE: June 25, 2013
¦ Background:
Section 238 of the Zoning Ordinance regulates Mobile Home Parks, providing the
standards for a Conditional Use Permit. The only dwelling type allowed within a
mobile home park is a`mobile home' as defined in Section 111 of the Zoning
Ordinance. Moreover, no other uses or structures are allowed with the exception
of accessory storage (sheds) and those allowed by the City Council with the
Conditional Use Permit. Staff has received a small but increasing number of
requests by residents of mobile-home parks to convert their mobile-home to a
single-family dwelling or to replace it with a single-family dwelling; however,
single-family dwellings are not permitted.
¦ Considerations:
The proposed amendment will allow City Council to add additional uses or
structures, including single-family homes, as permitted uses or structures in
mobile home parks by adding the uses or structures into the conditional use
permit.
There was no opposition to the request.
After the Planning Commission acted on this amendment, City staff had further
discussion of the possible scenarios that could result from the addition of this
provision to the Zoning Ordinance. Based on those discussions, Staff concludes
that action on the proposed amendment should be indefinitely deferred for further
study.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council.
Based on the discussion since the time of the Planning Commission hearing
(described above under the `Considerations' section), staff recommends that this
item be indefinitely deferred.
Amendment to Section 238 of the
Zoning Ordinance
Page 2 of 2
Recommended Action: Staff recommends indefinite deferral.
Submitting DepartmentlAgency: Planning Department
City Manager: <Z? k <?e o-?
CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 901 of the City
Zoning Ordinance Pertaining to Bakeries, Confectioneries, and Delicatessens.
MEETING DATE: June 25, 2013
¦ Background:
The Zoning Ordinance currently does not permit small (less than 7,500 square
feet) bakeries, confectioneries, and delicatessens located in a Business District
to sell the products they have made at the location of their business to an off-site
location.
¦ Considerations:
The proposed amendment will allow small bakeries, confectioneries, and
delicatessens to sell the products made at their location in the Business Districts
of the city at an off-site location.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council.
¦ Attachments:
Staff Review and Ordinance
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submittin9 Department/Agency: Planning Department
City Manage .
11
May 8, 2013 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO SECTION 901 OF THE ZONINIG
ORDINANCE / BAKERIES, CONFECTIONARIES, AND
DELICATESSENTS
REQUEST:
An Ordinance to amend the City Zoning Ordinance to allow bakeries, confectioneries, and delicatessens
with 7500 square feet or less in floor area to prepare products on the premises for retail sale at an off-site
location.
SUMMARY OF AMENDMENT
The amendment will allow small bakeries, confectioneries, and delicatessens to sell their products made
on location in the Business Districts of the City at other retail sites.
RECOMMENDATION
Staff recommends approval.
CITY OF VIRGINIA BEACH / Section 901
Agenda Item 11
Page 1
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REQUESTED BY COUNCILMEMBER JAMES L. WOOD
AN ORDINANCE TO AMEND
SECTION 901 OF THE CITY ZONING
ORDINANCE PERTAINING TO
BAKERIES, CONFECTIONERIES AND
DELICATESSENS
Section Amended: City Zoning Ordinance § 901
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 901 of the City Zoning Ordinance is hereby amended and
reordained to read as follows:
ARTICLE 9. BUSINESS DISTRICTS
Sec. 901. Use regulations.
(a) Principa/ and conditiona/ uses. The following chart lists those uses
permitted within the B-1 through B-4K Business Districts. Those uses and structures in
the respective business districts shall be permitted as either principal uses indicated by
a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X"
shall be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted
B-
1 B-
1A B-
2 B-
3 B-
3A B-
4 B-
4C 13-
4K
Bakeries, confectioneries and P P P P P P P P
delicatessens, provided that products
prepared or processed on the premises
shall be sold only at retail and only on the
premises, except that bakeries,
confectioneries and delicatessens with
7,500 square feet or less in floor area
mav prepare products on the premises for
retail sale at an off-site location.
33
34
35
36
37
38
COMMENT
This amendment will allow small bakeries, confectioneries and delicatessens to sell its
products made at a location in the Business Districts of the City to sell its products at other retail
locations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
pa ment
Planning
IV
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.
City Attorney's Office
CA12525
R-4
March 26, 2013
2
Item #11
City of Virginia Beach
Amendment to Section 901 of the Zoning Ordinance / bakeries, confectioneries and
delicatessens
May 8, 2013
CONSENT
An Ordinance to amend the City Zoning Ordinance to allow bakeries, confectioneries,
and delicatessens with 7500 square feet or less in floor area to prepare products on the
premises for retail sale at an off-site location.
The amendment will allow small bakeries, confectioneries, and delicatessens to sell
their products made on location in the Business Districts of the City at other retail sites.
AYE 11 NAY 0
ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 11-0, the Commission approved item 11 by consent.
Karen Lasley appeared before the Commission.
M. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
CITY OF VIRG7NIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S
O
I P E E E S N M I O O
L S H R Y S S D S N N D
I. CITY MANAGER'S BRIEFINGS
Bruce Thompson,
A. CAVALIER PROPERTY CEO, Go1d Key/PHR
DEVELOPMENT CONCEPT Hotels and Resorts
Bart Frye, Chairman
of the Board, Frye
Properties, Inc.
B. BOW CREEK COMMLTNITY Michael Kalvort,
RECREATION CENTER FUND Director, Parks and
TRANSFER Recreation
IUIIUIVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
VI-E SE5SION
F. MINUTES May 28, 2013 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y }'
G/H. MAYOR'S PRESENTATIONS
John W. Mapes,
1. LAW ENFORCEMENT IINITED L.E.U. Vice
DAY - June 11, 2013 President
Sheriff Ken Stolle
Members of LEU
Council
2. PRISCILLA BEEDE DAY - June 11, Priscilla Beede,
2013 Chair, COG
1. PUBLIC HEARING
ELECTION POLLING PRECINCT No Speakers
LOCATION CHANGE
a. Avalon Precinct to Woodstock
Elementary School
J/1. Ordinances to AMEND the City Code: ADOPTED, BY 11-0 Y Y • Y Y Y Y Y Y Y Y Y
CONSENT
a. § 10-1 re changing Polling Place for
Avalon Precinctto Woodstock
Elementary School
b. § 2-425, 12-28.1, 27-6 re
Impersonation of an Ofticer
c. §5-200 re Vaccination/Inoculation of
Dogs/Cats
d. Chapter 5 re Dangerous Dogs
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTlONS
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ITEM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I P E E E S N M I O O
S H R Y S S D S N N D
2. Resolution to DIRECT/City Manager ADOPTED 11-0 Y 1' Y 1' Y Y Y Y Y Y Y
ACCEPT an unsolicited Proposal under the
2002 (PPEA) re Light Rail
3 Resolution to AUTHORIZE Issuance by ADOPTED, BY 11-0 Y Y Y Y Y Y Y 1' Y Y Y
the Development Authoriry of Middlesex CONSENT
Counry re Revenue/Refunding Bond not to
exceed $8,497,000 re Cape Henry
Collegiate School, Inc.
4 Ordinance to AUTHORIZE a Lease with ADOPTED, BY 11-0 Y Y Y Y Y Y Y l' Y Y y
AH Sandbridge, LLC for City-owned r-o-w CONSENT
erecting signage at 2101 Princess Anne
Road.
5 Ordinance to DECLARE City-owned ADOPTED,BY 11_0 y y Y Y Y Y Y Y Y Y Y
property to be in EXCESS of the City's CONSENT
needs/AUTHORIZE EXCHANGE for
property/easements owned by King Farms,
LLC at 3000 West Neck Road
6 Ordinance to APPOINT Viewers re ADOPTED, BY 11-0 Y Y Y Y Y Y Y 1' Y Y Y
. proposed street or alleyway closures CONSENT
7. Ordinance to GRANT permits to ALLOW ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
EMS Agencies to operate in Virginia CONSENT
Beach:
a. Eagle Medical Transports
b. Eastern Shore Ambulance Service
c. American Lifeline Medical Transport
d. Lifeline Ambulance Service
e. Mid-Atlantic Regional Ambulance
f. Children's Hospital of the King's
Daughters
g. Special Event Providers of Emergency
Medicine
h. Nightingale Air Ambulance Service
i. LifeEvac Virginia/Air Methods Corp
j. Emergency Medical Response
k. Medical Transport
C1TY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S
O
I P E E E S N M I O O
L S H R Y S S D S N N D
8. Ordinances to APPROPRIATE/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
TRANSFER: CONSENT
a. $39,057 re Juvenile Accountability Block
Grant
b. $100,000 from (FEMA) re devastating
storm in Moore, Oklahoma
c. $700,000 from Risk Management re
Insurance Premiums/VVorkers' Comp
Claims
K/l MARISA MULLIGAN Vaziance to APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
. Section 513.5 of Site Plan Floodplain CONDITIONED,
Regulations at 2250 Wake Forest Street BY CONSENT
(DISTRICT 5-LYNNHAVEN)
2 CYNTHIA S./WALLACE G. RENO APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
. CUP re Child Daycare at 5305 Hamilton CONDITIONED,
'
CONSENT
BZ
Lane (DISTRICT 2-KEMPSVILLE)
3. MILDRED RJJOSEPH GRANT CUP re APPROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Child Daycare at 2009 Joliet Court CONSENT
(DISTRICT 7-PRINCESS ANNE)
4 AMY G. STOVALL CUP re Child A'PROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
. Daycare at 1256 Tweedbrook Place CONSENT
(DISTRICT 5-LYNNHAVEN)
5 ARMADA HOFFLER DEVELOPMENT APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
CO L.L.C./DAVID B., LUKE HJ SUSIE PROFFERED/
WOOD HILL Conditional COZ from AG '°`PPLICANT TO
CONTINUE
2/11-2 to B-2 re shopping center at 2101 WORKING WITH
Princess Anne Road (DISTRICT 7- NEIGHBORHOOD
PRINCESS ANNE)
6 Ordinance to AMEND Section 301 ofCZO ADOPTED, BY 10-1 Y Y Y N Y Y Y Y Y Y Y
. re Recreational/Amusement facilities in CONSENT
Preservation Zoning District
L. APPOINTMENTS RESCHEDULED g y C O N C E N S U S
ARTS and HUMANITIES
COMMISSION
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY
BOARD
HUMAN RIGHTS COMMISSION
C/TY OF VIRGINIA BEACH
SUMMARY OF COUNClL ACTIONS
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17'EM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S
O
I P E E E S N M I O O
L S H R Y S S D S N N D
BAYFRONT ADVISORY REAPPOINTED
COMMITTEE Three Year Term
07/01/13-06/30/16
Joseph Bovee
Fred Hazelwood, Ex-
Officio, First
Landing State Park
Kal Kassir
BEACHES and WATERWAYS REAPPOINTED
COMMISSION Three Year Term
07/01/13-06/30/16
Michael L. Clark
Thomas E. Fraim
William A. Hurst
BIKEWAYS and TRAILS REA'POINTED
ADVISORY COMMITTEE Three Year Term
07/01/13-06/30/16
Richard M. Hildreth
Daniel A. Koach
Howard E. Kuhns
HAMPTON ROADS PLANNING 1tEAPPOINTED
COMMISSION - HRPDC Two Year Term
07/01/13-06/30/15
Robert M.Dyer
Barbara M. Henley
James K. Spore
MINORITY BUSINESS COUNCIL APPOINTED
Two Year Term
06/01/13-05/31/I5
Michael Lancaster
SOCIAL SERVICES BOARD APPOINTED
Four Year Term
07/01/13-06/30/17
Susan Campbell
Angela Kellam
Joyce Williams-Bland
TIDEWATER COMMUNITY REAPPOINTED
COLLEGE BOARD Four Year Term
07/01/13-06/30/17
John A. Piscitelli
M/N/O ADJOURNMENT 6:50 PM
PUBLIC COMMENTS Four (4) Speakers
6:50 - 7:04 PM
C/TY OF VLRGlNlA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE D S E J M S U I
A T D N O M M S H L W
V E Y L N O O O R S O
I P E E E S N M I O O
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2013 CITYHOLIDAYS
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Lafior Dnt° - hlondar. Septimber'
1'elesans DaV - Nfotrday. NovetnGer I 1
TGanksgiving Dqc X Uup afler 7Ganksgiving - Thursdav. NoveneLer 38 & Fridap, Novembc r 19
Chrislnaas Evi (/arzl/-day) - Tuesdrr.+, Decernher 24
Giristnias Duy - Wednesdn4', Decetnber 25
CITY COUNCIL SESSIONS
June 2013
F25 Workshop 4: 00 - 6: 00 PM
Briefing, Informal, Formal 6: 00 PM