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DECEMBER 3, 2013 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne - District 7 JOHN D.MOSS, At -Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 3 December 2013 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room - A. STORMWATER PROGRAM CHANGES Nancy McIntyre, Development Services Center Coordinator - Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Randy Bremer, D.D. Pastor, Kings Grant Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF THE CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 26, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. SALE OF EXCESS PROPERTY Princess Anne Road and South Independence Boulevard I. ORDINANCES 1. Ordinances requested by the City Treasurer re Neighborhood Dredging Special Service Districts: a. AMEND and REORDAIN City Code §35.3-9 re Chesopeian Colony Neighborhood Dredging Special Service District (SSD) to delay the Assessment date to July 1, 2014, and REDUCE the appropriation to Capital Project to $0 b. AMEND the City Council Policy to provide Assessment Levies be effective July 1st J. PLANNING 1. Application of COASTAL COMMUNITY CHURCH for a Conditional Use Permit re a new Worship Center at 2800 South Independence Boulevard, Glenwood DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 2. Application of OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re an addition to an existing Fellowship Hall at 691 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of ROLAND COURT, LLC for a Conditional Use Permit re a commercial parking lot at 208 17th Street DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 4. Application of BEST BUY WHEELS for a Conditional Use Permit re a bulk storage yard at 1740 Virginia Beach Boulevard DISTRICT 6 — BEACH STAFF RECOMMENDATION: PLANNING COMMISSION RECOMMENDATION: APPROVAL DENIAL 5. Application of CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS (CHKD) and SOUTHGATE COMMONS, LLC for a Modification of a Conditional Rezoning, (approved on April 24, 2012) re a medical office building at Princess Anne Road and Landstown Centre Way DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 6. Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road (Deferred by City Council November 12, 2013). DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 7. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. Ordinance to REPEAL Article 13, §§ 1300-1305 re Historic and Cultural District and ADD a new Article 13, §§ 1300- 1307 re legislative intent, findings, establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of structures, the Historical Review Board and Historic Preservation Commission b. Ordinance to ADD a new City Code Section 2-5.1 re duties and membership of the Historical Review Board I c. Resolution to AUTHORIZE application to the Virginia Historic Resources re Certified Local Government STAFF RECOMMENDATION: APPROVAL K. APPOINTMENTS BAYFRONT ADVISORY COMMITTEE BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HREDA) HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION RESORT AREA PARKING STRATEGY SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) TRANSITION AREA/ITA TRAFFIC AREA ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************** 12/3/13 st 2014 CITY COUNCIL RETREAT Economic Development Conference Room 8:30 A.M.-5:00 P.M Monday, January 6th, and Tuesday, January 7th, 2014 2013 CITY HOLIDAYS Christmas Eve (half-day) - Tuesday, December• 24 Christmas Day - Wednesday, December 25 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 3, 2013 Mayor William D. Sessoms, Jr., called to order the City Council's Informal Session, in the City Council Conference Room, Tuesday, December 3, 2013, at 4:00 P.M. Council Members Present: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -2 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327 4:00 P.M. Mayor Sessoms introduced Nancy McIntyre, Development Services Center Coordinator — Planning. Ms. McIntyre expressed her appreciation to City Council for their continued support of the new Stormwater Management Program mandated by the State of Virginia, to begin July 1, 2014. This affects Permits & Inspections, Public Works and Public Utilities. Today's presentation will go over the components of the new Program. VIRGINIA STORMWATER MANAGEMENT PROGRAM This program transfers the State 's responsibilities to localities. The three main components of this Program are: more stringent stormwater design requirements; permitting and tracking via E -Permitting (State is developing); and enforcement from permitting thru construction. VIRGINIA STORMWATER MANAGEMENT PROGRAM Virginia Stormwater Management Program (VSMP) • City's implementation of the VSMP - mandated by State law • Transfers the State's responsibilities to Localities • Three main components: • More stringent stormwater design requirements • Permitting and tracking via State E -permitting • Enforcement December 3, 2013 -3 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #6332 7(Continued) Below is the Program Timeline: Program Timeline VIRGINIA STORMWATER MANAGEMENT PROGRAM Submit to DEQ by January 15, 2014: • Complete "Final Draft" of VSMP program elements • Ordinances • Policies, Procedures & Enforcement • Staffing & Funding Plan DEQ will review and comment or approve City Council to adopt ordinance prior to May, 2014 Submit adopted ordinance to DEQ by May 15, 2014 City must fully implement the program on July 1, 2014 No decision is required by City Council at this time DEQ continues to change the some Rules and Regulations; however, the majority of the Program is established. The City has had their Interdepartmental Team working on this Program for over two (2) years. The City has met with a number of groups to delineate changes and receive feedback. VIRGINIA STORMWATER MANAGEMENT PROGRAM Interdepartmental team: • City Attorney's Office • Planning - DSC and Permits & Inspections • Public Utilities • Public Works • Kimley-Horn, the City's Consultant Public Outreach: • Green Ribbon Committee • Chesapeake Bay Preservation Area Board • Tidewater Builders Association • Engineering Consultants • Two Public Workshops • Posted on the City's website December 3, 2013 -4 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) The proposed Ordinance revisions are identified below: VIRGINIA STORMWATER MANAGEMENT PROGRAM Proposed Ordinance Revisions: Stormwater Management Ordinance (Appendix D) Ordinance to Repeal Appendix D Stormwater Ordinance (current ordinance will be replaced in its entirety) Associated sections of: • Subdivision Regulations (Appendix B) • Site Plan Ordinance (Appendix C) • Chesapeake Bay Preservation Area Ordinance (Appendix F) • Southern Watersheds Management Ordinance (Appendix G) • Chapter 30, Land Disturbing Activities • Chapter 2, Civil Penalties The Mandatory components of the Ordinance include State fees which are 28% of the recommended fees, issuance of VSMP Authority permit, runoff reduction design method, plan submittal completeness review and establishment of an Appeals Board. VIRGINIA STORMWATER MANAGEMENT PROGRAM STORMWATER MANAGEMENT ORDINANCE HIGHLIGHTS Based on DEQ's Model Ordinance • Contains mandatory requirements • Stormwater Appeals Board comprised of staff members • Includes optional Modification and Maintenance Fees • Fees are based on Land Disturbing Area NOT site area December 3, 2013 -5 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) Department VSMP Implementation Planning- Development Services Center Planning - Permits & Inspections Public Works - Engineering Public Works - Operations Public Utilities VIRGINIA STORMWATER MANAGEMENT PROGRAM The impacts on Planning — Development Services Center - are identified below: VIRGINIA STORMWATER MANAGEMENT PROGRAM Development Services Center Required Changes to the Plan Review Implementation of Virginia's on-line "E -Permitting" system Issuance of the "Virginia Stormwater Management Program (VSMP) Authority Permit" Completeness Review of Plan Submittal Package Determination if Grandfathering Provision is applicable Enforce the use of "Runoff Reduction Method" Plan reviewers must obtain DEQ training and certification Assist and support customers navigating the new system December 3, 2013 -6 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) The proposed review fees are set forth below: VIRGINIA STORMWATER MANAGEMENT PROGRAM Proposed Review Fees Site Plan and Subdivision Construction Plan review fees • Reduced by approximately 1/3 • Restructured to align with review effort based on project size • Will not include the stormwater component Stormwater Management Review Fees • Implementing the State's recommended fees • Are in addition to reduced site plan and subdivision review fees • Only apply when a stormwater plan is required • Will help fund staffing resources needed to run the program • One fee established for all Single Family Plans • One fee established for all Duplex Plans VIRGINIA STORMWATER MANAGEMENT PROGRAM Fees support the following functions: • Required use of DEQ on-line E -Permitting system to track plan submittals, review, bonding, permitting, inspections and permit termination • Requesting 2 Administrative staff for FY15 Required Completeness Review and Design Compliance with Runoff Reduction Method • Requesting 2 Engineers for FY15 Required SWPPP Inspections • Requesting 3 Inspectors for FY15 Last changes to review fees: • Chesapeake Bay Single Family RPA Plans —1999 • Single Family Plans — 2004 • Multi -family and Commercial Site Plans — 2003 • Subdivision Construction Plans - 2004 Ms. McIntyre introduced Cheri Hainer, Permits and Inspections December 3, 2013 -7 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #6332 7(Continued) Cheri Hainer advised the Permits and Inspections Department will be responsible for the enforcement for private development: VIRGINIA STORMWATER MANAGEMENT PROGRAM Permits and Inspections Permits • Accela to Zink Plan Approval/Permits to Inspection Results to DEQ Reporting System - Will be available to all City Staff and Public • Accela will include approved Forms for recording Required Inspection Results - Forms/Inspection Results Online & Downloadable Proper enforcement and successful development requires frequent examination, organization, planning, good judgment and coordination of efforts by all parties: VIRGINIA STORMWATER MANAGEMENT PROGRAM Permits and Inspections Inspections • Ensure relevant Precautions are taken to prevent Pollutants and Sediment in Stormwater from impacting State Waters by determine adequacy of Stormwater Quality Control Measures • Familiarity with applicable and current Statutes, Rules and Regulations, Permit Requirements and Construction Practices December 3, 2013 -8 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) VIRGINIA STORMWATER MANAGEMENT PROGRAM Permits and Inspections Current Stormwater Program • P & I has been assisting the Commonwealth (DCR now DEQ) with Stormwater Compliance Inspections since 2006 • One Civil Inspector currently dedicated to CBPA Board, Watershed and RPA projects; will also perform associated Stormwater Compliance Inspections • 8 other Civil Inspectors, including Supervisor, for Inspection and Enforcement of Proposed Stormwater Program - All are DCR/DEQ Certified Erosion & Sediment Control Inspectors - All are enrolled in the State Stormwater Inspection Training Program Funding will come from the Stormwater Review Fees. The Department is in the process of creating a Policy and Procedure Manual and will provide one to each client to ensure they clearly understand the expectations for inspections: VIRGINIA STORMWATER MANAGEMENT PROGRAM Permits and Inspections Proposed Stormwater Program • Funding from Stormwater Review Fees • Stormwater Compliance Inspection and Enforcement Policy & Procedure Manual is currently under development • Current staff to be trained in Stormwater Compliance Inspections internally and will be certified by DEQ December 3, 2013 -9 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) VIRGINIA STORMWATER MANAGEMENT PROGRAM Permits and Inspections Stormwater Compliance Average SWPPP Inspection Time First Inspection Each Re -Inspection (2 minimum) Average Inspection Time Average Re -Inspection Time Projected Size by Disturbed Acres Inspection/SWPPP Time Est. Inspection/SWPPP Time Est. less than 1 acre 4.6 hrs 3.6 hrs =1 acre< 5 acres 6hrs 5hrs = 5 acre< 10 acres 7.4hrs 6.4 hrs =l0 acre< 50 acres 8.5hrs 7.5hrs Bill Johnstone, Public Works Engineering, advised the same requirements previously discussed for private developments also apply to all City projects: VIRGINIA STORMWATER MANAGEMENT PROGRAM Public Works/Engineering • New Virginia Stormwater Management Act — Transfers State Program responsibilities to Localities • City runs the program — More & stricter requirements for infrastructure projects • Discharge rate and volume requirements • Discharge water quality requirements — 180 Projects typically in some phase of development in Virginia Beach — 40 Projects typically under construction at any one time in Virginia Beach Public investment exceeds $1.25 Billion • Violation of Virginia Stormwater Management Act is also a violation of Municipal Separate Storm Sewer System Permit (MS4) December 3, 2013 -10 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) Workshops were held in October 2013 to provide specific compliance requirements, as well as assigned roles and responsibilities. A Compliance Manual is under development. VIRGINIA STORMWATER MANAGEMENT PROGRAM Public Works Implementation • Final compliance requirements workshops held October 2013 — Specific compliance requirements identified — Roles and responsibilities assigned • Compliance manual under development — To be coordinated with DEQ before submittal date — To be followed by all staff The last modeling for Stormwater Master Planning for the City was done in the 1990s and needs updating. VIRGINIA STORMWATER MANAGEMENT PROGRAM Program Administration and Management • Program coordination with DEQ • Stormwater master planning for entire City — Quality and Quantity • Nutrient bank offsetting within HUC codes — City projects • ePermitting • Record keeping • More frequent Federal and State audits • Program administration & compliance staffing requirements — Initial request FY 15 to get started 2 Engineers — Projected ultimate need 4 Engineers December 3, 2013 -11 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) Capital Project's will require same compliance as private projects: Capital Project Compliance • Inspections — More frequent in CBPA Watershed • From every 14 days to every 7 days — Each must be documented • More activities to be inspected — E&S, SWPPP, material & chemical handling and storage • Enforcement — Any and all deficiencies must be documented — Any and all corrective actions must be documented VIRGINIA STORMWATER MANAGEMENT PROGRAM VIRGINIA STORMWATER MANAGEMENT PROGRAM Capital Project Other documentation Compliance - Regular updates in ePermitting (continued) — Responses to DEQ field checks • 4 within last 6 months alone — Notice of Termination at project completion Resident inspectors' traditional responsibilities remain — Construction contract administration — QA/QC of constructed improvements — Verification of contractor's invoices — Full record keeping • Daily construction diary • Record drawings • Tracking quantities • Other pertinent information • Staffing Requirements — Initial request FY15 to get started — Projected ultimate needs 2 Inspectors 4 Inspectors December 3, 2013 -12 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #6332 7(Continued) In summary, Capital Projects are ripe with opportunities for violations and will require constant oversight to ensure the City is compliant. This will require special dedicated resources and effort with dedicated engineers and inspectors specializing in Virginia Stormwater Management Act Regulations. VIRGINIA STORMWATER MANAGEMENT PROGRAM Mark Johnstone, Public Works Operations and Maintenance advised the City must now comply just the same as any private developer: Public Works Operations & Maintenance Capital Projects & In -House Projects CIP Projects In -House Projects VIRGINIA STORMWATER MANAGEMENT PROGRAM • Prepare E&S Plans • Prepare SWPPP • Obtain General Construction Permit using e -permitting • Perform SWPPP/E&S Inspections • Conduct enforcement with contractor if required to maintain E&S measures • Prepare E&S Plans • Prepare SWPPP • Obtain General Construction Permit using e -permitting • Mow access path & install E&S for construction • Perform SWPPP/E&S Inspections • Maintain E&S measures • Inspector to enforcement maintenance of E&S measures • Remove E&S measures after permanent stabilization is achieved • Track individual ditch projects as part of larger permit • Retain Records for audit Additional Requirements • Increased permitting, documentation, e -permitting and recordkeeping requirements Increased inspection requirements and frequency during construction Staffing • Initial request FY15 to get started • Projected ultimate needs 1 Engineer, 1 Eng. Tech., 1 Inspector (3 FTEs) 2 Engineer, 4 Eng. Tech., 2 Inspector (8 FTEs) December 3, 2013 -13 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) The BMP Inspection Program also has a number of additional requirements: Public Works Operations & Maintenance BMP Inspection Program Additional Requirements • Increased variety of types of BMPs • Increased number of BMPs • Increased documentation and recordkeeping • Increased inspection requirements and frequency for BMPs Imgdct • BMP assets will need to be created for the additional types and varying inspection schedules set dependent on type • BMPs will need to be inspected at least every 5 years or sooner • Private BMP inspection reports will be sent to Operations for acceptance • Maintenance work will need to be performed for City BMP assets • Enforcement of Maintenance Requirements will need to be performed Staffing Requirements • Initial request FY15 to get started • Projected ultimate needs VIRGINIA STORMWATER MANAGEMENT PROGRAM 1 Eng. Tech., 1 Inspector (2 FTE) 1 Eng. Tech., 4 Inspectors (5 FTE) Rich Nelson, Public Utilities, advised this Department has the same requirements previously discussed: VIRGINIA STORMWATER MANAGEMENT PROGRAM Public Utilities Implementation • Ensure all CIP and in-house projects are compliant (similar to PW requirements for CIP and Operations projects) • Utilize nutrient banking as a keystone strategy for PU projects • Spread departmental program requirements throughout the Engineering Division for implementation — Train and certify staff (17 engineers and 19 construction inspectors) — Request 1 FTE with FY2015 budget with projected ultimate need for 6 FTEs — Perform ePermitting — Develop compliance manual — Perform in-house training of Operations personnel December 3, 2013 -14 - CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM CHANGES ITEM #63327(Continued) Below is a summary of the Virginia Stormwater Management Program staffing needs: VIRGINIA STORMWATER MANAGEMENT PROGRAM Planning/DSC Planning/ Permits & Inspections Public Utilities/ Inspections Public Works/ Engineering Public Works/ Operations VIRGINIA STORMWATER MANAGEMENT PROGRAM Mayor Sessoms thanked everyone for their work on this Project and expressed some concerns, which was reiterated by Members of City Council. There will be future considerations. December 3, 2013 -15 - CITY MANAGER'S BRIEFINGS R UDEE INLET DREDGING ITEM #63328 5:02 P.M. Mayor Sessoms introduced and welcomed Dave Hansen, Deputy City Manager. Mr. Hansen advised this presentation is due to an emergency dredging in Rudee Inlet. Mayor Sessoms advised Mr. Hansen the presentation was not necessary as City Council would like the Ordinance to be added to tonight's Agenda. Rudee Inlet Outer Channel Emergency Dredging CIP 8-407 / PWCN-14-0126 Request for Additional Appropriations DCM Dave Hansen December 3, 2013 • Sand trap requires constant dredging • Inner channels require 4 year periodic dredging • Approach channel requires 2 year periodic dredging • Outer deposition area requires 2 year periodic dredging 2 December 3, 2013 -16 - CITY MANAGER'S BRIEFINGS RUDEE INLET DREDGING ITEM #63328(Continued) Rudee Inlet Current Condition Brief animation of the last five months... 3 06-25-1.3 After USACE Merritt Removed 17,950 C.Y horn 06-16 to 06-20 December 3, 2013 -17 - CITY MANAGER'S BRIEFINGS R UDEE INLET DREDGING ITEM #63328(Continued) 07-09-13 December 3, 2013 -18 - CITY MANAGER'S BRIEFINGS R UDEE INLET DREDGING ITEM #63328(Continued) December 3, 2013 -19 - CITY MANAGER'S BRIEFINGS R UDEE INLET DREDGING ITEM #63328(Continued) 08 13-13 December 3, 2013 -20 - CITY MANAGER'S BRIEFINGS R UDEE INLET DREDGING ITEM #63328(Continued) 09-0543 December 3, 2013 -21 - CITY MANAGER'S BRIEFINGS RUDEE INLET DREDGING ITEM #63328(Continued) 10-03-13 Before October 8-18, 2013 Nor'Easters December 3, 2013 -22 - CITY MANAGER'S BRIEFINGS R UDEE INLET DREDGING ITEM #63328(Continued) 10-17-13 After October 8-18, 2013 Nor'Easters December 3, 2013 -23 - CITY MANAGER'S BRIEFINGS RUDEE INLET DREDGING ITEM #63328(Continued) 1.0-30-13 1111111 9119919099998 0110 .gounoun;o-n December 3, 2013 -24 - CITY MANAGER'S BRIEFINGS RUDEE INLET DREDGING ITEM #63328(Continued) 11-26-13 Rudee Navigation Agreement ➢ City and USACE cost share the outer approach channel, the inner channels and the sand trap ➢ Cost share arrangement is 78% federal & 22% local ➢ The outer deposition basin is a local feature and is not included in the cost sharing agreement (100% locally funded) ➢ City normally adds the outer deposition basin dredging to the federal contract so as to leverage the federal contribution to mobilization 20 December 3, 2013 -25- Rudee Inlet Outer Channel Emergency Dredging Timeline ➢ In 2012 the USACE project was not funded (last dredged in 2010) ➢ Hurricane Sandy supplemental appropriations included Rudee Inlet ➢ USACE scheduled the project using Sandy funding ➢ OMB policy review negated use of Sandy funds because USACE had already provided the Dredge Merritt to perform emergency approach channel dredging following Sandy ➢ Corps' bi-annual contract scheduled for October was CANCELLED ➢ Attempts to schedule Corps -owned dredges were unsuccessful • Dredge Currituck in the ship yard undergoing total rebuild • Dredge Murden committed • Dredge Merritt committed • Dredge Frye too small ➢ November 1, 2013: Emergency Condition Declared by City Manager ➢ November 17, 2013: Contract Advertised 21 ➢ November 26, 2013: Bids Opened Rudee Inlet Outer Channel Emergency Dredging Bid Review One Bidder: Great Lakes Dredge & Dock Company (GLD&D) D. City Estimate: $2,500,000 D Bid $2,860,000 D Funds Available $2,612,000 D Funds Needed to Award $3,100,000* D Needed Transfer $500,000 ' Additional funds provided for allowable over dredging quantities 22 December 3, 2013 -26- Rudee Inlet Outer Channel Emergency Dredging Options D Attempted negotiations: GLD&D responded • Declined to negotiate • Bid price is firm in order for them to commit assets • Prepared to roll assets following Council commitment to appropriate sufficient funds D Appropriate additional funds to award contract D. Terminate procurement action due to insufficient funds 23 Rudee Inlet Outer Channel Emergency Dredging Recommendation D Bid is reasonable - last dredged in 2010 for $2.5M D Recommend awarding D Additional $500,000 needed to fully cover variable quantity contract D Recommend transfer of $500,000 from CIP 8-003 • Landfill #2 Capping Project (Phase 1 of 4) - West Slope • Bid opening July 2 and award was for $3.1 M • Government estimate and appropriation was $4.4M D Issue notice of Intent to Award D Request City Council approval of transfer ordinance at next week's December 10th meeting D Award December 11 24 December 3, 2013 -27 - CITY COUNCIL LIAISON REPORTS 5:05 P.M. ITEM #63329 Councilman Dyer distributed a Draft Resolution, to be considered by City Council on December 10, 2013, requesting SUPPORT First Day Introduction Requirement for General Assembly Bills that will create Local Fiscal Impacts. Councilman Dyer advised the Governor's Task Force for Local Government Review has reviewed, in great detail, mandates on local governments and means through which they are enacted and the Task Force has concluded there is not adequate time for an analysis of the impact on localities. Councilman Dyer requested City Council support this Resolution. December 3, 2013 -23 - CITY COUNCIL LIAISON REPORTS ITEM #63330 Council Lady Ross -Hammond advised she the Hampton Roads Planning District Commission meeting and is pleased with the additional and more specific language to the 2014 Legislative Agenda regarding Water Quality Funding Priorities, Affordable Housing and K-12 Education. December 3, 2013 -29- CITY COUNCIL COMMENTS 5:07 P.M. ITEM #63331 Councilman Dyer advised a Town Hall Meeting is scheduled for the Centerville District on December 16`'' at Tallwood High School and encouraged everyone to attend. December 3, 2013 -30 - CITY COUNCIL COMMENTS ITEM #63332 Councilman Moss requested the financing mechanisms of the Light Rail project be included in the Capital Improvement Projects the City Manager is preparing for the upcoming Retreat. December 3, 2013 -31 - CITY COUNCIL COMMENTS ITEM #63333 Council Lady Ross -Hammond advised Kempsville is hosting a Town Hall Meeting on December 10`'' and 12`'` to discuss the Draft Concept Plans for Kempsville Community Recreation Center's replacement. December 3, 2013 -32 - CITY COUNCIL COMMENTS ITEM #63334 Mayor Sessoms advised 6 Citizens have applied for the Rose Hall Seat and 34 for the At -Large Seat. The applications will be delivered to City Council in the Friday Packages. The Mayor would like to discuss the process for consideration and appointment at the December 10`h City Council Closed Session. December 3, 2013 -33 - CITY COUNCIL COMMENTS ITEM #63335 Mayor Sessoms advised the Tide Swim Team has been raising money to construct an enclosed Olympic sized pool at the YMCA; however, they have not been able to raise the money needed to enclose the pool at this time. The Tide and YMCA have agreed to construct the pool and the Tide will continue their fund raising efforts to enclose at a later date. The Tide and YMCA requested the City acknowledge their approval of this request and would like to have an Ordinance for consideration scheduled for next week's Agenda. December 3, 2013 -34 - AGENDA REVIEW SESSION 5:13 P.M. ITEM #63336 BY CONSENSUS, the following shall compose the CONSENT AGENDA: 1. ORDINANCES 1. Ordinances requested by the City Treasurer re Neighborhood Dredging Special Service Districts: a. AMEND and REORDAIN City Code §35.3-9 re Chesopeian Colony Neighborhood Dredging Special Service District (SSD) to delay the Assessment date to July 1, 2014, and REDUCE the appropriation to Capital Project to $0 b. AMEND the City Council Policy to provide Assessment Levies to be effective July is' ADD ON Ordinance to TRANSFER funds immediately to "RUDEE INLET OUTER CHANNEL MAINTENANCE DREDGING II" re contract to dredge Rudee II December 3, 2013 -35 - AGENDA REVIEW SESSION ITEM #63336(Continued) BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: J. PLANNING 1. Application of COASTAL COMMUNITY CHURCH for a Conditional Use Permit re a new Worship Center at 2800 South Independence Boulevard, Glenwood DISTRICT 1 — CENTERVILLE 2. Application of OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re an addition to an existing Fellowship Hall at 691 Princess Anne Road DISTRICT 7 - PRINCESS ANNE 3. Application of ROLAND COURT, LLC for a Conditional Use Permit re a commercial parking lot at 20817`` Street DISTRICT 6 — BEACH 4. Application of BEST BUY WHEELS for a Conditional Use Permit re a bulk storage yard at 1740 Virginia Beach Boulevard DISTRICT 6 — BEACH 5. Application of CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS (CHKD) and SOUTHGATE COMMONS, LLC for a Modification of a Conditional Rezoning (approved on April 24, 2012) re a medical office building at Princess Anne Road and Landstown Centre Way DISTRICT 7 - PRINCESS ANNE 6. Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road (Deferred by City Council November 12, 2013). DISTRICT 4 — BAYSIDE 7. Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO): a. Ordinance to REPEAL Article 13, §§ 1300-1305 re Historic and Cultural District and ADD a new Article 13, §' 1300- 1307 re legislative intent, findings, establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of structures, the Historical Review Board and Historic Preservation Commission b. Ordinance to ADD a new City Code Section 2-5.1 re duties and membership of the Historical Review Board c. Resolution to AUTHORIZE application to the Virginia Historic Resources re Certified Local Government ITEM #3 WILL BE CONSIDERED FOR DENIAL ITEM #7a REVISED VERSION (Requested by Council Lady Henley) WILL BE CONSIDERED December 3, 2013 -36- ITEM#63337 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(30) Bayside District December 3, 2013 -37 - ITEM# 63337(Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:20 P.M. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: (Closed Session William R. "Bill" DeSteph - Out of the Country 5:20 P.M. 5:58 P.M.) December 3, 2013 -38 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 26, 2013 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, December 3, 2013, at 6:00 P.M. Council Members Present: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Absent: William R. "Bill" DeSteph INVOCATION: Reverend Randy Bremer, D.D. Pastor, Kings Grant Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. December 3, 2013 -39 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential'). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identiing any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record. December 3, 2013 Item -VI-E CERTIFICATION -40- ITEM #63338 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #63337 Page 37, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3 712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk December 3, 2013 Item -VI -F.1 MINUTES -41- ITEM #63339 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 26, 2013. Voting: 9-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph James L. Wood (stepped out) December 3, 2013 -42 - ADOPT AGENDA FOR FORMAL SESSION ITEM #63340 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 3, 2013 -43 - Item -VI-H.1 PUBLIC HEARING ITEM #63341 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY -OWNED PROPERTY Princess Anne Road and South Independence Boulevard There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. December 3, 2013 ADD-ON -44- TEM #63342 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the request to ADD to the Consent Agenda: Ordinance to TRANSFER funds immediately to "RUDEE INLET OUTER CHANNEL MAINTENANCE DREDGING II" re award of a contract to dredge Rudee Inlet. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 Item —VI -I ORDINANCES -45- ITEM #63343 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items la/b and the ADD-ON Ordinance of the CONSENT AGENDA, composed of Ordinances, Resolutions and the Planning Applications. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -46- Item-VI-L.1a✓b ORDINANCES ITEM #63344 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances requested by the City Treasurer re Neighborhood Dredging Special Service Districts: a. AMEND and REORDAIN City Code §35.3-9 re Chesopeian Colony Neighborhood Dredging Special Service District (SSD) to delay the Assessment date to July 1, 2014, and REDUCE the appropriation to Capital Project to $0 b. AMEND the City Council Policy to provide Assessment Levies to be effective July 1st Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Davis, Robert M. Dyer, Barbara M. Henley, John D. Moss, Vice Mayor Louis R. Jones, , Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 REQUESTED BY THE CITY TREASURER 1 AN ORDINANCE TO AMEND AND REORDAIN 2 ORDINANCE #3300 TO DELAY THE START DATE OF THE 3 CHESOPEAIN COLONY NEIGHBORHOOD DREDGING 4 SPECIAL SERVICE DISTRICT AND ORDINANCE #3302F 5 TO REDUCE THE APPROPRIATION TO CAPITAL 6 PROJECT #8-503 7 8 WHEREAS, Ordinances #3300 and #3302F were adopted by City Council on 9 August 13, 2013; and 10 11 WHEREAS, Ordinance #3300 created the Chesopeian Colony Neighborhood 12 Dredging Special Service District (the "Service District") and set January 1, 2014 as the 13 effective date of the Service District levy; and 14 15 WHEREAS, Ordinance #3302F created the Capital Project #8-503, "Chesopeian 16 Colony Neighborhood Dredging," and provided funding by way of a transfer and an 17 appropriation of estimated revenues; and 18 19 WHEREAS, without the appropriation of estimated revenues, the remaining 20 funding in Capital Project #8-503 is the $168,817 transferred from the General Fund 21 Reserve in Ordinance #3302F. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That Paragraph 5 of Ordinance #3300 is hereby amended and reordained as 27 follows: 28 29 "5. Paragraph 2 shall be effective January 1 July 1, 2014." 30 31 2. That Paragraph 2 of Ordinance #3302F is hereby eliminated, which reduces the 32 estimated revenue and appropriation to Capital Project #8-503 for FY2014 to $0. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of December , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APP" •VED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City reasur-r CA12844 R-1 November 18, 2013 REQUESTED BY THE CITY TREASURER 1 AN ORDINANCE TO APPROVE AN AMENDMENT TO THE 2 CITY COUNCIL POLICY REGARDING NEIGHBORHOOD 3 DREDGING SPECIAL SERVICE DISTRICTS 4 5 WHEREAS, as part of the FY2012 Operating Budget, the City Council adopted a 6 policy regarding Neighborhood Dredging Special Service District; and 7 8 WHEREAS, the City Treasurer requests an amendment to this policy, a copy of 9 which is attached hereto, to clarify the effective date of any service district levy should 10 be the July 1St following the creation of the special service district; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City Council approves an amendment to the Policy regarding 16 Neighborhood Dredging Special Service Districts to provide district levies shall be 17 effective the July 1St following the creation of the special service district. Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of December , 2013. AP'' •VED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cit rea urer CA12845 R-1 November 18, 2013 1 I City Council Policy Title: Neighborhood Dredging Program Index Number: Date of Adoption: 5/10/2011 Date of Revision: J /2013 Page: 1 of 2 1.0 Purpose and Need For well over a decade, the difficulty in removing sediment of the navigation channels within the City's various bays and river basins has negatively impacted the waterfront homeowners' ability to optimize use of their properties. In addition, water quality and habitat have been severely impacted due to the siltation of the bottomland of those bays and rivers. The purpose of this policy is to establish a neighborhood dredging program that would be funded by a partnership between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation channels are adequately dredged. 2.0 Policy It is the policy of the City Council that whenever practicable the navigation channels within the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay will be maintained in navigable condition through a partnership between the City and homeowners whose properties are contingent to the waterways. 3.0 Procedure to Accomplish Policy 3.1 City Council will establish neighborhood dredging Special Service Districts (SSD) as they are requested by those neighborhoods adjoining the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay. The neighborhood participation percentage will be a minimum of 80% of properties adjacent to the waterways before establishing an SSD. 3.2 The total period for each SSD will be 16 years. Individual SSD tax rates will be computed based on the cost of dredging the neighborhood channels. 3.3 The City will be responsible for the main channels and spur channels off a main channel, the neighborhoods will be responsible for those channels that serve a collective neighborhood, and property owners will be responsible for private (individual) channels and dock basins that serve individual properties. 3.4 The City's portion of the cost of dredging the channels will be paid for through the General Fund. The neighborhood dredging project will require initial City funding, but over the 16 -year dredging period the SSD will pay for the entire cost of the neighborhood dredging except private channels and dock basins and will reimburse the City for any upfront costs. 4.0 Responsibility and Authority 4.1 For each neighborhood dredging project, the Department of Public Works is responsible for identifying those channels that are the City's responsibility, providing the Department of Management Services with the information needed to determine the City's cost of providing dredging service to those channels, and working with the respective neighborhoods to accomplish the necessary dredging. 4.2 The Department of Management Services will provide analysis to determine the cost to the City for each neighborhood dredging project and how that cost will be funded, prepare the necessary documents requesting City Council approval of the project and establishment of the associated SSD, and following City Council approval will ensure that the funds representing the City's portion of the cost of the project will be appropriated in a special reserve. The SSD levy portion of the ordinance to create an SSD pursuant to this policy shall provide an effective date of the July 1ST following adoption. 4.3 Any funding for this policy shall be subject to annual appropriation and/or Council authorized issuance of debt. 5.0 Definitions Main Channels: The primary channels connecting directly to the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay. Navigation Channel: For purposes of this policy, a channel in the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay that is deep enough to enable boats to pass through. Neighborhood Channel: A system of channels within an estuary to a main channel that serves as a collective access channel for one neighborhood. Private (Individual) Channel: An access channel leading from private property and improvements to a neighborhood channel. Special Service District: A defined geographical area of the City where special services are rendered and the costs of those special services are paid from revenues collected from service charges imposed within that area as authorized by §§15.2-2400, et seq. of the Code of Virginia. Spur Channel: That portion of a navigation channel leading from a main channel to a neighborhood channel system that is adopted as a designated City channel, which may serve more than one neighborhood. Approved as to Content: Approved as to Legal Sufficiency: Approved: Approved: Approved: Director of Management Services Date City Attorney Date Deputy City Manager Date City Manager Date Mayor Date ORD -3300 1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE 2 OF THE CITY OF VIRGINIA BEACH TO CREATE THE 3 CHESOPEIAN COLONY NEIGHBORHOOD DREDGING 4 SPECIAL SERVICE DISTRICT AND TO LEVY ADDITIONAL 5 TAXES ON REAL PROPERTY WITHIN THE CHESOPEIAN 6 COLONY NEIGHBORHOOD DREDGING SPECIAL 7 SERVICE DISTRICT 8 9 SECTION ADDED: 35.3-9 10 11 WHEREAS, the City of Virginia Beach has received signed petitions from at least 12 80% of the residents of the Chesopeian Colony Dredging Area waterfront property 13 owners; and 14 15 WHEREAS, the petitions provide the signers commit to the imposition of special 16 service district ("SSD") taxes and other contributions as set forth in further detail herein; 17 and 18 19 WHEREAS, the Chesopeian Colony Area Dredging Project ("Project") includes 20 three (3) cycles of dredging; and 21 22 WHEREAS, although the SSD taxes will begin January 1, 2014, the first 23 dredging is planned for FY 2015-16, the second is planned for FY 22-23, and the third is 24 planned for FY 2029-30; and 25 26 WHEREAS, the Project is a partnership addressing related dredging activities: 27 the community channel dredging, which is supported by City contributions to the Special 28 Service District; the neighborhood channel dredging, which is supported by the levy of 29 Special Service District taxes; and the access channels, which are supported by 30 individual contributions to the Special Service District; and 31 32 WHEREAS, the rate established by this Ordinance is based on the FY2012-13 33 real estate assessed value of the subject properties; and 34 35 WHEREAS, City staff will re -calculate the estimated Project costs at a minimum 36 of every four (4) years; and 37 38 WHEREAS, the City Council of the City of Virginia Beach believes that 39 undertaking the Project is in the best interest of the public and is a reasonable exercise 40 of the City's authority to promote general welfare, including commerce and industry of 41 the City and the inhabitants thereof. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 46 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and �7 reordained as follows: 48 49 Section 35.3-9. Creation of the Chesopeian Colony Area Dredging Special 50 Services District. 51 52 a. There is hereby created the Chesopeian Colony Area Dredginq Special Service 53 District for the purposes set forth in this chapter and those set forth in Code of 54 Virginia, section 15.2-2403. 55 b_ The boundaries of the Chesopeian Colony Area Dredging Special Service District 56 shall be described in detail by the map attached to this ordinance. 57 c. The Chesopeian Colony Area Dredging Special Service District shall dissolve on 58 July 1, 2030, if not sooner. 59 60 2. There shall be levied and collected taxes for the special purpose of providing 61 neighborhood dredging on all real estate within and pursuant to the Chesopeian Colony 62 Area Dredging Special Service District at the rate of 29.13 cents ($0.2913) on each on 63 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in 64 addition to the real estate tax rate set forth by the General Real Estate Tax Levy 65 adopted by City Council. Except as provided explicitly in Chapter 35.3 of the Code of 66 the City of Virginia Beach, this tax rate shall apply without reduction to any properties 67 subject to ad valorem taxes including those properties enrolled in the Exemption, 68 Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As 99 set forth in Code of Virginia, section 15.2-2403(6), written consent is required to apply 70 this tax rate to the full assessed value of properties subject to special use value 71 assessment. The real estate tax rate imposed herein shall be applied on the basis of 72 one hundred percentum (100%) of the fair market value of such real property except for 73 public service real property, which shall be on the basis as provided in Section 58.1- 74 2604 of the Code of Virginia. 75 76 3. The City Manager or designee is hereby authorized to enter into contracts and to 77 perform other actions consistent with this ordinance. 78 79 4. Paragraphs 1 and 3 shall be effective immediately. 80 81 5. Paragraph 2 shall be effective January 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of August, 2013. ORD- 3302E 1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-503, 2 "CHESOPEIAN COLONY NEIGHBORHOOD DREDGING," 3 TO APPROPRIATE FUNDS, AND TO TRANSFER FUNDS 4 5 WHEREAS, by separate ordinance the City Council established the Chesopeian 6 Colony Neighborhood Dredging Special Service District; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, THAT: 10 11 12 13 14 15 16 17 18 1. Capital Improvement Project #8-503, "Chesopeian Colony Neighborhood Dredging" is hereby created in the FY 2013-14 Capital Improvement Program; and 2. $99,797 is hereby appropriated, with estimated revenues from the Chesopeian Special Service District increased accordingly, and transferred to Capital Project #8-503 for engineering and design work; and 3. $168,817 is hereby transferred from the General Fund Reserve for Contingencies to Capital Project #8-503 for engineering and design work. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of ,2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Manage ' ent EServices APPROVED AS TO CONTENT: PlogA Public works APPROVED AS TO LEGAL SUFFICIENCY: CA12687 R-1 July 30, 2013 -47 - Item —ADD-ON ORDINANCES ITEM #63345 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER funds immediately to "RUDEE INLET OUTER CHANNEL MAINTENANCE DREDGING II" re award of a contract to dredge Rudee Inlet. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Davis, Robert M. Dyer, Barbara M. Henley, John D. Moss, Vice Mayor Louis R. Jones, , Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 1 AN ORDINANCE TO TRANSFER FUNDS TO 2 CAPITAL PROJECT #8-407, "RUDEE INLET OUTER 3 CHANNEL MAINTENANCE DREDGING ll," TO 4 ALLOW THE AWARD OF A CONTRACT TO DREDGE 5 RUDEE INLET 6 7 WHEREAS, additional funds are needed to proceed with a contract for dredging 8 of Rudee Inlet; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $500,000 is hereby transferred from CIP 8-003, "Landfill #2 Phase I 14 Capping," to CIP 8-407, "Rudee Inlet Outer Channel Maintenance Dredging II," to allow 15 the award of a contract to dredge Rudee Inlet. 16 3rd 17 Adopted by the Council of the City of Virginia Beach, Virginia on the day 18 of December 2013. Approved as to Content: Budget and anagement Services CA12852 R-2 November 27, 2013 Approved as to Legal Sufficiency: City A ffice Item -VI-J PLANNING -48- ITEM #63346 1. COASTAL COMMUNITY CHURCH CONDITIONAL USE PERMIT 2. OAK GROVE BAPTIST CHURCH CONDITIONAL USE PERMIT 3. ROLAND COURT, LLC CONDITIONAL USE PERMIT 4. BEST BUY WHEELS CONDITIONAL USE PERMIT 5. CHILDREN'S HOSPITAL OF THE MODIFICATION OF KING'S DAUGHTERS (CHKD) CONDITONAL REZONING 6. VIRGINIA BEACH CITY PUBLIC SCHOOLS CHANGE OF ZONIGN 7. CITY OF VIRGINIA BEACH CITY ZONING ORDINANCE December 3, 2013 -49 - Item -VI-J. PLANNING ITEM #63347 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4(DENIAL), 5, 6 and 7a REVISED VERSION (Requested by Council Lady Henley)/b/c of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -50 - Item -VI -J.1 PLANNING ITEM #63348 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of COASTAL COMMUNITY CHURCH for a Conditional Use Permit re a new Worship Center at 2800 South Independence Boulevard, Glenwood DISTRICT 1— CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of COASTAL COMMUNITY CHURCH for a Conditional Use Permit re a new Worship Center at 2800 South Independence Boulevard, Glenwood (GPIN 1475402676) DISTRICT 1 — CENTERVILLE The following conditions shall be required: 1. Unless modified by any condition below or as a result of the development Site Plan Review, the site shall be developed in substantial accordance with the Site Plan entitled, "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF COASTAL COMMUNITY CHURCH", dated September 2, 2013, and prepared by MSA, P.C., which is on file in the Planning Department. 2. The temporary curb cut along South Independence Boulevard shall be removed and curbing to match the existing curbing shall be installed unless the access is determined necessary for the use of the Fire Department. 3. A three-foot (3) high earthen berm shall be installed between Round Hill Drive and the parking area. Sculpting of the berm shall be such that sight lines remain open and places of concealment are not fostered. In accordance with Section 2.7 of the Landscaping, Screening and Buffering Specifications and Standards section of the City's Landscaping Guide, the slope of the berm shall not exceed three (3) feet of rise to one - foot (1') of run and the top width of the berm shall be sufficient to allow installation and maintenance of landscaping, grass and/or ground cover sufficient to preclude erosion of the berm. Category I landscaping shall be planted on the berm to provide additional screening. 4. The building shall be developed in substantial accordance with the submitted renderings and building elevation entitled, "COASTAL COMMUNITY CHURCH BUILDING ELEVATIONS", dated September 3, 2013, and prepared by Church Development Services, LLC. The renderings and building elevations have been exhibited to City Council and are on file in the Planning Department. 5. The applicant shall submit a Site Plan to the Planning Department/Development Services Division for review and approval. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division and the Fire Department. December 3, 2013 -51 - Item -VI -J.1 PLANNING ITEM #63348(Continued) 7. The existing monument sign shall remain in accordance with Conditions Nos. 2 and 3 of the Modification to a Conditional Use Permit approved by the City Council on May 10, 2005. These conditions state that the applicant shall be allowed to install a twelve foot (12) tall pylon -style, internally -lit sign. The sign shall conform substantially with the submitted sign elevation prepared by Cardinal Sign Corporation, dated 01/03/2005, which is on file at the Planning Department. The landscaping around the sign shall be substantially in accordance with the submitted Landscaping Plan entitled "Coastal Community Church, Virginia Beach ", prepared by Winesett Nursery, which is also on file at the Planning Department. 8. The building shall be allowed one (1) sign to be mounted on the front facade. This sign will consist of unlit block letters and shall be in substantial accordance with the submitted elevation drawing entitled, "COASTAL COMMUNITY CHURCH, BUILDING ELEVATIONS", dated 09/03/2013, and prepared by Church Development Services, LLC. The area of the building signage shall not exceed 150 square feet. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of December, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -52 - Item -VI -J.2 PLANNING ITEM #63349 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re an addition to an existing Fellowship Hall at 691 Princess Anne Road DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re an addition to an existing Fellowship Hall at 691 Princess Anne Road (GPIN 2309622414) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. Unless modified by any condition below or as a result of the development Site Plan Review, the site shall be developed in substantial accordance with the Site Plan entitled, "FELLOWSHIP HALL EXPANSION FOR: OAK GROVE BAPTIST CHURCH", dated October 22, 2012, and prepared by Barnes Design Group, P.C., which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of Building Plan Review, the building shall be developed in substantial accordance with the submitted floor plan and building elevation entitled, "CONSTRUCTION DRAWINGS FOR: OAK GROVE BAPTIST CHURCH", dated September 17, 2012, and prepared by Barnes Design Group, P.C. The floor plan and building elevations have been exhibited to City Council and are on file in the Planning Department. 3. Unless modified by any condition below or as a result of Building Plan Review, the building shall be developed in substantial accordance with the materials and appearance depicted on the submitted renderings entitled, "PRELIMINARY DESIGN FOR: OAK GROVE BAPTIST CHURCH", dated October 11, 2011, and prepared by Barnes Design Group, P.C. The renderings have been exhibited to City Council and are on file in the Planning Department. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division and the Fire Department. 5. The applicant shall submit a Site Plan to the Planning Department/Development Services Division for review and approval. 6. The applicant shall obtain all necessary permits and approvals from the Health Department for any new or modified private wells and septic systems. December 3, 2013 -53 - Item -VI -J.2 PLANNING ITEM #63349(Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of December, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 3, 2013 -54 - Item -VI -J.3 PLANNING ITEM #63350 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED/CONDITIONED, BY CONSENT, Ordinance upon Application of ROLAND COURT, LLC for a Conditional Use Permit re a commercial parking lot at 20817`' Street DISTRICT 6 — BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ROLAND COURT, LLC for a Conditional Use Permit re a commercial parking lot at 208 17"` Street (GPIN 2427177240) DISTRICT 6 — BEACH The following conditions shall be required: 1. Perimeter fencing shall meet the standards of Section 201(e) of the City Zoning Ordinance. 2. Per Section 23-58 of the Code of the City of Virginia Beach, all points of ingress and egress shall be secured by a maintenance free gate. 3. The applicant shall provide a minimum of two (2) trash receptacles. Said trash receptacles shall be stationary and be screened or enclosed in a Resort appropriate receptacle shell. 4. Per Section 23-58 of the Code of the City of Virginia Beach, an attendant shall be on the premises from dusk until one-half (1/2) hour after closing or until the last vehicle has exited the lot. 5. The hours of operation of the subject Commercial Parking Lot shall not exceed the hours of operation of public parking facilities operated by the City of Virginia Beach and located within the Oceanfront Resort District. 6. All signage shall meet the requirements of Section 23-58 of the Code of the City of Virginia Beach. 7. The front landscaping area shall be no less than eight (8) feet deep and shall span the entire width of the lot except for the space reserved for vehicular ingress and egress. All landscaping shall be maintained in good health. 8. To meet the requirements of the City Zoning Ordinance, the drive aisle shall be no wider than twenty-four (24) feet. 9. The applicant shall provide proof of ownership acceptable to the City Attorney for the portion of the five-foot (5) x seventy -five-foot (75) alley located on the North side of the subject site that the applicant includes as part of the parking lot as shown on the Submitted Plan entitled "C.UP. Exhibit for Commercial Parking Lot, VSA Resorts, " prepared by Gallup Surveyors and Engineers, and dated 08/01/2013. Should such proof of ownership not be provided, the Site Plan submitted to the Development Services Center shall not include that area within the parking lot. December 3, 2013 -55 - Item -VI -J.3 PLANNING ITEM #63350 10. Interior parking lot landscaping shall consist of no less than seven (7) trees. Landscaping located between the paved parking area and the front lot line shall consist of no fewer than fourteen (14) shrubs and two (2) trees. All landscaping shall be approved by the Development Services Center 11. As a pedestrian amenity, the applicant shall provide no less than one (1) bench for public use within ten (10) feet of the front lot line. Said bench shall be similar in form to those found in the Oceanfront Resort District. 12. The proposed entrance shall meet the City of Virginia Beach Public Works Standards for commercial entrances as detailed in the Public Works Standards, Section 3.10.3. These standards include an entrance width of thirty feet (30') at the property line and fifteen feet (15) turning radii. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of December, Two Thousand Thirteen Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None December 3, 2013 -56 - Item -VI -J.4 PLANNING ITEM #63351 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DENIED, BY CONSENT, Ordinance upon Application of BEST BUY WHEELS for a Conditional Use Permit re a bulk storage yard at 1740 Virginia Beach Boulevard DISTRICT 6 — BEACH Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -57 - Item -VI-J.5 PLANNING ITEM #63352 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/PROFFERED, BY CONSENT, Ordinance upon Application of CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS (CHKD) and SOUTHGATE COMMONS, LLC for a Modification of a Conditional Rezoning, (approved on April 24, 2012) re a medical office building at Princess Anne Road and Landstown Centre Way DISTRICT 7 - PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS (CHKD) and SOUTHGATE COMMONS, LLC for a Modification of a Conditional Rezoning (approved on April 24, 2012) re a medical office building at Princess Anne Road and Landstown Centre Way (GPIN 1484997280) DISTRICT 7 - PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of December, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -58 - Item -VI -J.6 PLANNING ITEM #63353 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Ordinance upon Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road (Deferred by City Council November 12, 2013) DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a Change of Zoning from B-2 Community Business to A-36 Apartment re a school at 1008 Ferry Plantation Road (Deferred by City Council November 12, 2013) (GPIN 1478443796) DISTRICT 4 — BAYSIDE This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of December, Two Thousand Thirteen Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -59- Item-VI-J.7a/b/c PLANNING ITEM #63354 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, re Applications of CITY OF VIRGINIA BEACH re the City Zoning Ordinance (CZO), City Council: a. ADOPTED REVISED VERSION, (Requested by Council Lady Henley), BY CONSENT, Ordinance to REPEAL Article 13, §§ 1300-1305 re Historic and Cultural District and ADD a new Article 13, § 1300- 1307 re legislative intent, findings, establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of structures, the Historical Review Board and Historic Preservation Commission b. ADOPTED BY CONSENT, Ordinance to ADD a new City Code Section 2-5.1 re duties and membership of the Historical Review Board c. ADOPTED BY CONSENT, Resolution to AUTHORIZE application to the Virginia Historic Resources re Certified Local Government Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 1 Requested By Councilmember Barbara M. Henley 2 3 AN ORDINANCE TO REPEAL ARTICLE 13 OF THE CITY 4 ZONING ORDINANCE (HISTORIC AND CULTURAL 5 DISTRICT) AND TO ADD A NEW ARTICLE 13, 6 PERTAINING TO LEGISLATIVE INTENT, FINDINGS, 7 ESTABLISHMENT OF HISTORIC AND CULTURAL 8 DISTRICTS, CERTIFICATES OF APPROPRIATENESS, 9 DEMOLITION OF STRUCTURES, THE HISTORICAL 10 REVIEW BOARD AND HISTORIC PRESERVATION 11 COMMISSION 12 Sections Repealed: City Zoning Ordinance Sections 1300, 13 1301, 1302, 1303, 1304 and 1305 14 Sections Added: City Zoning Ordinance Sections 1300 15 through 1307 16 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 20 VIRGINIA BEACH: 21 That Article 13 of the City Zoning Ordinance ("Historic and Cultural District") is hereby 22 repealed, and a new Article 13, consisting of Sections 1300 through 1307, is hereby added, to 23 read as follows: 24 ARTICLE 13. HISTORIC AND CULTURAL DISTRICT 25 Sec.4300. _ 1 egislative intent. 26 The purpose of this article is to provide the vehicle by which ccrtain ar as, ctructureJ 27 and objects within the city that have historic and cultural significance may be preserved and 28 protected. 29 Sec,. -4,301, Establishment, 30 31 32 ordinances for the establishment of historic and cultural districts. Each proposed ordinance 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 significance, architectural style, condition, present use, assessed access to interior of the block, off street parking provided and other detailed classifications shall be established: (i) A classification of individual structures and premises deemed • have an adverse effect on the desired character of the district, with classification. (2) An analysis of lands not occupied by structures. Ownership, use and to possible actions which should be taken and encouraged. (3) Recommendations concerning detailed regulations to be applied within yard and building spacing requirements; maximum lot coverage by all el) Such report may also include known plans for public or private action in 2 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 (c) Action by city council. Thc city council shall create a Historic and Cultural District the more restrictive provisions shall apply. In addition thereto, any proposed development within a Historic and Cultural District shall be subject to all the provisions of this article, of any structure within a Historic or Cultural District and no permit shall bc issued for the relocation or demolition of any structure within a Historic or Cultural District, unless and until (b) Matcrials to bc submitted for review. Thc planning director may require public----vicw,—i-ndications as to construction materials, design of doors and windows, to adjoining structures and spaces and such other exhibits and reports as are reasonably (1) Issuance. The planning director shall issue a Certificate of Appropriateness only if he finds that the proposal is, in fact, appropriate to the character, appearance and efficient functioning of the district and the district. Each condition so attached shall be in conformity with all 3 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 (2) Denial; appeals. The planning dircctor shall not issue a Certificate of Appropriateness authorizing issuance of any permit, if he finds that the state his reasons for denial in writing. The applicant for the Certificate of Appropriateness may appeal a denial of such certificate to the city council later than thirty (30) days after thc date of the denial. before the meeting. Additionally, thc applicant shall post a sign on the and the nature of thc application, at least fifteen (15) days prior to the city shall bc required. The applicant, and any person appearing before the city council in 22.22 the circuit court by filing a petition at law, setting forth the alleged illegality (30) days after thc date of the city council's decision. The filing of the review that such decision is contrary to law or is arbitrary and constitutes economically unfc\asiblc, thc planning preservation is found to bc physically and economically feasible, thc planning dircctor and the director shall issue the certificate forthwith. If 4 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 provided. 175 n upon the application, the building permit, materials, designs, architecture or other structural characteristics arc generally appropriate permitted within the historic and cultural district, regardle& of the underlying zoning district classification, if authorizcd by a conditional use permit. A conditional use permit may be granted only if the city council finds that thc operation of thc use will not produce adverse (1) Bed and breakfast inns; (2) Antique shops; (3) Museums and art galleries; (il) Specialty shops; and (5) Offices of nonprofit organizations. 176 Sec. 1300. Findings; intent. 177 (a) The City Council finds that: 5 178 (1) The historical and cultural heritage of the City is embodied by buildings, 179 structures and sites that are unique resources of high value to current and 180 future generations of the City, the Commonwealth of Virginia, and the 181 nation; 182 (2) The City has many historic and cultural resources that are significant by 183 reason of the people and events that are associated with them or the 184 special architectural character they embody; 185 (3) The historical and cultural foundations of the City should be preserved as 186 a living part of our community life and development; 187 (4) The preservation of this irreplaceable heritage is in the public interest so 188 that its vital legacy of cultural, educational, aesthetic, inspirational and 189 economic energy benefits will be maintained and enriched for future 190 generations of the City residents; 191 (5) The increased knowledge of our historic and cultural resources, the 192 establishment of improved means of identifying and administering them, 193 and the encouragement of their preservation will enhance the planning 194 and execution of historic preservation protects and will enhance tourism 195 and economic growth and development; 196 (6) The deterioration, destruction, relocation, or alteration of historic and 197 cultural resources may cause the permanent loss of these unique 198 resources; therefore, special measures are warranted in order to preserve 199 the historic and cultural resources of the City; and 200 (7) The use of responsible and innovative methods for implementing the 201 Comprehensive Plan's goal of protecting our historic and cultural 202 resources, as allowed by applicable provisions of the Virginia Code, will 203 encourage the recognition and protection of the architectural and cultural 204 history of the City through the identification, preservation and 205 enhancement of historically, culturally, architecturally or archaeologically 206 significant buildings, structures, places and areas. 207 (b) It is the intent the City Council in adopting this Article to: 208 (1) Protect the historic significance and integrity of the properties within 209 historic and cultural districts that are or may be recognized for their 210 association with historic events that have made a significant contribution 6 211 to our history; are associated with historically significant persons; possess 212 distinctive characteristics of a type, period, or method of construction or 213 that represent the work of a master, possess high artistic values; or have 214 the potential to yield significant archaeological or historical information; 215 (2) Promote tourism and enhance local business and industry by protecting 216 historical, architectural, archaeological and cultural resources; 217 (3) Encourage sound stewardship of the City's historic resources and foster a 218 sense of place in the City's residents; 219 (4) Preserve and protect buildings, structures and properties which serve as 220 visible reminders of the historic, cultural, and architectural or 221 archaeological heritage of the City of Virginia Beach, the Commonwealth 222 of Virginia, or the United States; and 223 (5) Assure that, within the City's historic and cultural districts, new structures, 224 additions, landscaping and related elements will be in harmony with their 225 setting and environs. 226 COMMENT 227 The section sets forth the findings of the City Council and its intent in adopting the new Article 13 228 to replace the existing Article 13, the majority of which dates back to the 1973 Comprehensive Zoning 229 Ordinance. As revised, the Article will allow the City to be designated as a Certified Local Government by 230 the Virginia Department of Historic Resources. 231 Designation of the City as a Certified Local Government (CLG) enables it to: 232 1. Assume a formal role in the identification, evaluation, and protection of the City's 233 heritage resources; 234 2. Have the right to comment on the eligibility of historic resources nominated for 235 listing in the National Register of Historic Places; 236 3. Receive technical assistance from the Virginia Department of Historic Resources 237 (DHR) and the National Park Service; 238 4. Network with other CLGs and share experiences, concerns, and potential solutions 239 to problematic issues; 240 5. Apply for matching grants for preservation programs from a ten per cent (10%) 241 share of Virginia's annual federal appropriation; 242 6. Gain free and full access to the Virginia Cultural Resource Inventory System (V- 243 CRIS); 244 7. Receive stipends to selected preservation conferences and workshops; 7 245 8. Be considered automatically for the DHR Cost Share Program funding for survey 246 projects in which CLG grant funding is unavailable; and 247 9. Be a "consulting party" in a project requiring review pursuant to Section 106 of the 248 National Historic Preservation Act. 249 Sec. 1301. Establishment. 250 251 (a) In accordance with the provisions of City Code Section 2-5, the Historic 252 Preservation Commission shall advise City Council on the consideration of the need for 253 establishing or expanding an Historic and Cultural District in a specified geographical area of 254 the City. In rendering such advice to the City Council, the Commission shall give due 255 consideration to the views of owners of property being considered for inclusion in such new or 256 expanded District. 257 258 (b) Prior to the establishment or expansion of a Historic and Cultural District, the 259 Planning Director shall prepare, in writing, a report containing: (i) an inventory of all landmarks, 260 buildings and other structures, sites and objects being considered for inclusion within the 261 proposed district, (ii) recommendations, if any, for detailed zoning and other regulations to be 262 applied within the district, and (iii) a listing of the criteria to be used to determine which 263 properties shall be included within the district. The Planning Director shall seek the advice and 264 guidance of the Historic Preservation Commission in preparing such report and shall give due 265 consideration to the views of owners of property being considered for inclusion in such new or 266 expanded District. 267 268 (c) No Historic and Cultural District shall be established or expanded unless the area 269 to be encompassed thereby contains one or more places or buildings or other structures: 270 271 (1) Listed on the Virginia Landmarks Register, the Virginia Beach Historical 272 Register, or the National Register of Historic Places; 273 274 (2) That are of significant historic, architectural, archaeological or cultural 275 interest; 276 277 (3) In which historic events occurred; or 278 279 (4) That have special public value because of notable architectural, 280 archaeological or other features relating to the cultural or artistic heritage 281 of the City that are of such significance as to warrant conservation and 282 preservation. 8 283 284 (d) Only the geographical area in which a majority of the properties meet the criteria 285 established in accordance with this section shall be designated as a Historic and Cultural 286 District; provided, however, that parcels of land contiguous to arterial streets or highways 287 found by the City Council to be significant routes of tourist access to the City or to designated 288 historic landmarks, buildings, structures, or districts therein, or in a contiguous locality, may 289 also be included in a Historic and Cultural District. 290 291 (e) The Planning Commission shall review the report of the Planning Director, 292 together with the ordinance establishing or expanding a Historic and Cultural District and any 293 proposed zoning and other regulations to be applied within the district, and shall recommend to 294 the City Council approval in whole or in part, with or without modifications, or shall recommend 295 rejection thereof. 296 297 (f) The City Council may, by ordinance, establish or expand a Historic and Cultural 298 District if it finds that the proposed district or expansion thereof meets the requirements of this 299 section, and may adopt such zoning or other regulations pertaining to property within the 300 district, consistent with general law, as it may deem appropriate. The City Council shall give 301 due consideration to the views of owners of property being considered for inclusion in such 302 new or expanded District. Upon City Council approval of a new or expanded Historic and 303 Cultural District, the official zoning map shall be amended accordingly. 304 305 (q) The establishment or expansion of Historic and Cultural Districts shall be subject 306 to the applicable provisions of Section 107 of the City Zoning Ordinance and Title 15.2, 307 Chapter 22, Article 7 of the Virginia Code (Virginia Code Sections 15.2-2280 et seq.), as 308 amended, or any successor ordinances or statutes. 309 310 COMMENT 311 312 The section sets forth the criteria for designation of Historic and Cultural Districts and a procedure 313 for their creation. 314 315 Sec. 1302. Applicability of regulations. 316 In addition to the regulations set forth in the ordinance creating the Historic and Cultural 317 District, the underlying regulations of the zoning district within which the Historic and Cultural 318 District area is situated shall apply; provided that, except as provided in Section 1306, if any 319 conflict occurs, the more restrictive provision shall apply. In addition thereto, development 320 within a Historic and Cultural District shall be subject to the provisions of this Article. 9 321 COMMENT 322 323 The section provides that Historic and Cultural Districts are subject to both the regulations of the 324 underlying zoning district and the regulations applicable to Historic and Cultural Districts and that in the 325 event of a conflict, the more restrictive regulation controls. An exception is made for cases arising under 326 Section 1306. 327 328 Sec. 1303. Certificates of appropriateness. 329 (a) Requirements of Certificates of Appropriateness. Except as provided in 330 subsection (e), no building or structure, including signs, within a Historic and Cultural District 331 shall be constructed, altered, repaired, relocated or demolished, and no building or other 332 required permit authorizing such action, shall be issued unless and until the Historical Review 333 Board has issued a Certificate of Appropriateness therefor. A Certificate of Appropriateness 334 shall certify only that the requirements of this section have been met, and shall not excuse 335 compliance with any other applicable requirements of law. 336 337 (b) Materials to be submitted for review. 338 339 (1). Required plans, etc. The Historical Review Board may require submission 340 of any or all of the following materials as part of an application: 341 architectural plans, site plans, landscaping plans, proposed signs with 342 appropriate details as to location, size, number and character, proposed 343 exterior lighting arrangements, elevation drawings, indications as to 344 construction materials, design of doors and windows, ornamentation and 345 colors, photographs or perspective drawings indicating visual relationship 346 to adjoining structures and spaces and such other exhibits and reports as 347 are reasonably necessary in making its determination to grant or deny the 348 Certificate of Appropriateness. 349 350 (2) Application review. Applications for a Certificate of Appropriateness shall 351 be submitted to the Planning Director, who shall determine whether the 352 proposed building or structure conforms to the requirements of the City 353 Zoning Ordinance. No application shall be deemed complete unless it 354 contains sufficient information for the Planning Director to make such 355 determination. 356 357 (c) Grounds for issuance and denial of Certificate of Appropriateness. 358 10 359 (1) Issuance. The Historical Review Board shall issue a Certificate of 360 Appropriateness only if it finds that the proposed building or structure is 361 architecturally compatible with the historic landmarks, buildings or 362 structures in the district. In issuing its approval, the Board may attach 363 such reasonable conditions, consistent with applicable city ordinances and 364 development standards, as are necessary or appropriate to ensure that 365 the proposed building or structure meets the requirements of this section. 366 367 The Board shall consider, in determining whether a proposed building or 368 structure is architecturally compatible with the historic landmarks, 369 buildings and structures in the district, the following factors: 370 371 A. The conformity with the design, development standards, and 372 criteria established for the district pursuant to Section 1301; 373 374 B. The appropriateness of the general overall design of the proposed 375 building or structure in relation to the architecture of other building 376 or structures within the historic-cultural overlay zoning district; 377 378 C. The extent to which the proposed building or structure will be 379 harmonious or incompatible with the other buildings or structures in 380 the district; 381 382 D. The degree to which the proposed building or structure advances 383 the Comprehensive Plan's goals; 384 385 E. The impact of the proposed building or structure upon the historic 386 context; 387 388 F The degree to which the proposed building or structure conforms to 389 applicable provisions of the Secretary of the Interior's Standards for 390 Rehabilitation, as set forth in Title 36, Section 67.7 of the Code of 391 Federal Regulations, or any successor regulations, not inconsistent 392 with the provisions of this section. 393 394 (2) Denial; appeals. The Historic Review Board shall state the reasons for 395 denial in writing. The applicant for the Certificate of Appropriateness may 396 appeal a denial of such certificate to the city council by letter filed with the 11 397 Planning Director stating the grounds for appeal no later than thirty (30) 398 days after the date of the denial. 399 400 (3) Notice of appeal. Upon receipt of such letter, the Planning Director shall 401 schedule the appeal to be heard by the city council at a regular meeting 402 and shall give written notice of the time, date and place of the city council 403 meeting to the applicant, or his agent, and any persons who submitted to 404 the Planning Director written objections to the application, no Tess than 405 twenty-one (21) days before the meeting. The applicant shall post a sign 406 provided by the Planning Director on the property, which sign shall state 407 the time and date of the city council meeting and the nature of the appeal, 408 at least fifteen (15) days prior to the city council meeting at which the 409 matter is scheduled. Such sign shall be posted in accordance with the 410 provisions of Section 108(a) of the City Zoning Ordinance. No further 411 public notice shall be required. 412 413 (4) Appeals to the circuit court. The applicant, and any person appearing 414 before the city council in opposition to the application, may appeal the 415 decision of the city council to the circuit court by filing a petition at law, 416 setting forth the alleged illegality of the action of the city council, provided 417 the petition is filed within thirty (30) days after the date of the city council's 418 decision. The filing of the petition shall stay the decision of the city council 419 pending the outcome of the appeal to the court, unless the decision denies 420 the right to raze or demolish a historic landmark, building or structure. The 421 court may reverse or modify the decision of the city council, in whole or in 422 part, if it finds upon review that such decision is contrary to law or is 423 arbitrary and constitutes an abuse of discretion, or it may affirm the 424 decision of the governing body. 425 426 (5) Time limits. The Board shall approve or deny a Certificate of 427 Appropriateness within ninety (90) days from the filing of a completed 428 application. The failure to approve or deny an application shall constitute 429 a denial thereof. 430 431 (d) Demolition. In the event the Historical Review Board determines that the 432 preservation of a building or structure is found to be physically or economically unfeasible, it 433 shall issue the Certificate of Appropriateness allowing the demolition of such building or 434 structure. If the preservation of such building or structure is physically and economically 435 feasible, the Board shall deny the application. In the event the application is denied, the 12 436 applicant may: (i) appeal such decision to the city council by letter filed with the Planning 437 Director stating the grounds for appeal no later than thirty (30) days after the date of the denial; 438 or (ii) elect to proceed pursuant to the provisions of Section 1304. The procedure for appeals 439 to the city council shall be in accordance with subdivision (3). The city council may, after 440 consultation with the Board, affirm or deny the Board's decision. In the event the city council 441 affirms the decision of the Board, the applicant shall have the right to appeal such decision to 442 the circuit court in accordance with the procedures set forth in subdivision (4). 443 444 (e) Exceptions. The following actions shall not require the issuance of a Certificate 445 of Appropriateness: 446 447 j Repainting resulting in the same or like color, provided that the initial 448 painting of masonry surfaces shall require a Certificate of 449 Appropriateness; 450 451 (2) The addition or deletion of windows, storm windows, doors, and storm 452 doors that match existing windows, storm windows, doors, storm doors 453 and broken window panes, and the addition or removal of air conditioning 454 units; 455 456 (3) The addition or deletion of television or radio antennas, skylights, solar 457 collectors, wind energy conversion systems or satellite dishes if such 458 structures are not visible from a public street or right-of-way; 459 460 (4) The repair of existing materials and features with equivalent material 461 through stabilization, consolidation and conservation of historic materials, 462 features and workmanship when the physical condition of a building or 463 I structure, or portion thereof, has deteriorated; 464 465 (5) Planting of grass, trees and shrubs, but not including landscape treatment 466 that substantially alters the contour of a landmark site; 467 468 (6) Permitted outside storage in any residential, office, business, or industrial 469 district, which is not visible from a public street; and 470 471 (7) Any interior changes. 472 473 13 474 COMMENT 475 476 The section sets forth a comprehensive scheme of regulation pertaining the buildings and other 477 structures within Historic and Cultural Districts through the use of Certificates of Appropriateness as the 478 mechanism for ensuring architectural compatibility. In particular, the section establishes regulations 479 prescribing when a Certificate of Appropriateness (COA) is needed; the COA application process, 480 including procedures for appeal; and exceptions to the COA requirement. 481 482 Sec. 1304. Special rules for demolition. 483 (a) In addition to the right of appeal set forth in Section 1303, the owner of a historic 484 landmark, building or structure, the razing or demolition of which is subject to the provisions of 485 this Article, shall, as a matter of right, be entitled to raze or demolish such landmark, building 486 or structure provided that: (1) he has applied to the City Council for such right, (ii) the owner 487 has for the period of time set forth in subsection (c) and at a price reasonably related to its fair 488 market value, made a bona fide offer to sell the landmark, building or structure, and the land 489 pertaining thereto, to the City or to any person, firm, corporation, government or agency 490 thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is 491 willing to preserve and restore the landmark, building or structure and the land pertaining 492 thereto, and (iii) no bona fide contract, binding upon all parties thereto, shall have been 493 executed for the sale of any such landmark, building or structure, and the land pertaining 494 thereto, prior to the expiration of the applicable time period set forth in the time schedule 495 hereinafter contained. 496 (b) Any appeal which may be taken from the decision of the City Council, whether 497 instituted by the owner or by any other proper party, notwithstanding the provisions of Section 498 1303 relating to a stay of the decision appealed from, shall not affect the right of the owner to 499 make the bona fide offer to sell referred to above. No offer to sell shall be made more than 500 one (1) year after a final decision by the City Council, but thereafter the owner may renew his 501 request to the City Council to approve the razing or demolition of the historic landmark, 502 building or structure. 503 (c) The time schedule for offers to sell shall be as follows: three (3) months when the 504 offering price is less than $25,000; four (4) months when the offering price is $25,000 or more 505 but less than $40,000; five (5) months when the offering price is $40,000 or more but less than 506 $55,000; six (6) months when the offering price is $55,000 or more but less than $75,000; 507 seven (7) months when the offering price is $75,000 or more but less than $90,000; and twelve 508 (12) months when the offering price is $90,000 or more. 14 509 COMMENT 510 The section sets forth rules pertaining to the demolition of buildings in cases in which the Historical 511 Review Board finds that preservation is not physically or economically unfeasible so as to entitle the owner 512 to have the building demolished. The section establishes a procedure by which the owner may demolish a 513 building without the approval of the Board. The procedure is specifically set out by Virginia Code Section 514 15.2-2306, and is taken directly from that provision. 515 516 Sec. 1305. General Certificate of Appropriateness for specified classes or cases. 517 Notwithstanding any other provision of this Article, if the Historical Review Board 518 determines that particular materials or designs or architectural or other structural 519 characteristics are generally architecturally compatible with a district, it may issue a general 520 Certificate of Appropriateness under specifications approved by the Board, and building 521 permits consistent with such general Certificate of Appropriateness may be issued if all other 522 applicable requirements of law are met. 523 524 525 526 COMMENT The section provides an alternative means by which Certificates of Appropriateness may be issued. 527 Sec. 1306. Conditional uses. 528 (a) In order to promote the preservation of historic structures, the following uses 529 shall be permitted within the historic and cultural district, regardless of the underlying zoning 530 district classification, if authorized by a conditional use permit. A conditional use permit may 531 be granted only if the city council finds that the operation of the use will not produce adverse 532 impacts, such as excess traffic, noise or on -street parking demand, upon the surrounding area: 533 (1) Bed and breakfast inns; 534 535 (2) Antique shops; 536 537 (3) Museums and art galleries; 538 539 (4) Specialty shops; and 540 541 (5) Offices of nonprofit organizations. 542 15 543 (b) No conditional use permit shall be required for any such use allowed as a 544 principal use in the zoning district underlying the historic and cultural district unless living 545 quarters are provided. 546 547 COMMENT 548 549 The section specifies certain uses that are allowed in Historic and Cultural Districts by right even if 550 the underlying zoning district does not allow the use. If living quarters are provided, however, a 551 conditional use permit is required for the specified uses. 552 Section 1307. Historical Review Board; Historic Preservation Commission. 553 554 (a) Historical Review Board. The Historical Review Board shall have the duties set 555 forth in this Article, or any successor ordinance, and such other duties as the City Council may 556 from time to time prescribe. 557 558 (b) Historic Preservation Commission. The Historic Preservation Commission shall 559 have the duties set forth in City Code Section 2-5, as amended June 12, 2012, and as may be 560 amended further from time to time. 561 562 COMMENT 563 564 The section pertains to the duties of the Historical Review Board and the Historic Preservation 565 Commission. 566 567 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 568 BEACH: 569 That the boundaries, criteria for establishment and other regulations pertaining to 570 Historic and Cultural Districts in existence as of the date of adoption of this Ordinance shall 571 continue in effect except as altered or amended by this Ordinance or further action of the City 572 Council. 573 3rd 574 Adopted by the City Council of the City of Virginia Beach, Virginia on the day 575 of December 2013. 576 577 CA -12347 578 November 19, 2013 579 R-4 16 I 1 AN ORDINANCE ADDING A NEW SECTION 2-5.1 2 TO THE CITY CODE, PERTAINING TO THE DUTIES 3 AND MEMBERSHIP OF THE HISTORICAL REVIEW 4 BOARD 5 6 Section Added: City Code Section 2-5.1 7 8 WHEREAS, the City's Historical Review Board was established by resolution numbered 9 Item #6849, adopted by the City Council on March 4, 1974; and 10 11 WHEREAS, it is the intention of the City Council to seek certification by the Virginia 12 Department of Historic Resources ("DHR") as a Certified Local Government ("CLG"), thereby 13 reaffirming its commitment to the preservation and protection of historic resources in the City 14 and obtaining the benefits of CLG status; and 15 16 WHEREAS, among DHR's requirements for CLG certification is that all of the members 17 of a locality's historical review board must have a demonstrated interest, competence, or 18 knowledge in historic preservation, and further, that at least one of the board's members be an 19 architect or architectural historian; and 20 21 WHEREAS, it is the sense of the City Council that the City and its citizens have been 22 well -served by the Historical Review Board since its establishment, and the City Council is 23 confident that future Boards will continue to act in the best interests of the City and its citizens 24 in exercising its role in preserving and protecting the City's historic resources, consistent with 25 applicable law; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That a new Section 2-5.1 of the City Code, pertaining to the Historical Review Board, is 31 hereby added, and shall read as follows: 32 33 CHAPTER 2. ADMINISTRATION 34 35 ARTICLE 1. IN GENERAL 36 37 38 39 40 Sec. 2-5.1. Historical Review Board. 41 42 (a) Duties. The duties of the Historical Review Board shall be as set forth in Section 43 1303 of the City Zoning Ordinance, and such other and further duties as the City Council may 44 from time to time prescribe. 45 46 (b) Membership; qualifications; term. The Historical Review Board shall consist of 47 eight (8) members or such other number as the City Council may determine, and members 48 shall be appointed for terms of three (3) years. At least two members shall have professional 49 training or equivalent experience in architecture, history, American studies, architectural 50 history, archaeology, or planning, and at least one (1) of these two (2) members shall be a 51 registered architect or architectural historian. All members shall have a demonstrated interest 52 or competence in, or knowledge of, historic preservation by virtue of any one (1) or more of the 53 following: 54 55 (1) A college or graduate degree in a preservation-related field; 56 57 (2) Activity in specific preservation projects. 58 59 (3) Membership in a local historic preservation organization or on a board of a 60 historic property: 61 62 (4) Membership in the National Trust for Historic Preservation; 63 64 (5) Having renovated and lived in a historic building, attended at least one 65 preservation-related conference or workshop; or 66 67 (6) Having served at least one (1) term on a local historical review board or 68 architectural review board at the time of appointment or reappointment. 69 70 71 COMMENT 72 73 The ordinance establishes the duties of the Historical Review Board by reference to City Zoning 74 Ordinance Section 1303, which sets forth the provisions regarding Certificates of Appropriateness, and the 75 terms and qualifications of the members of the Board. 76 77 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 78 BEACH, VIRGINIA: 2 79 80 81 82 83 84 of December , 20 1.3 85 86 87 88 89 90 91 92 93 CA -12501 94 September 3, 2013 95 R-4 That this ordinance shall supersede that certain Resolution numbered Item #6849, adopted by the City Council on the 4th day of March, 1974. Adopted by the City Council of the City of Virginia Beach, Virginia on the 3rd day APPROVED AS TO CONTENT: Departm nt of Planning APPROVED AS TO LEGAL SUFFICIENCY. ��,rlGLDtyl%G'db„a City Attorney's Office 3 1 A RESOLUTION AUTHORIZING THE MAYOR TO MAKE 2 APPLICATION ON BEHALF OF THE CITY TO THE VIRGINIA 3 DEPARTMENT OF HISTORIC RESOURCES FOR 4 CERTIFICATION OF VIRGINIA BEACH AS A CERTIFIED 5 LOCAL GOVERNMENT 6 7 Whereas, the National Historic Preservation Act of 1966 establishes a program for 8 the preservation of historic properties throughout the United States; and 9 10 One component of such program is the Certified Local Government (CLG) program, 11 which establishes a partnership between the federal government and states pursuant to 12 which a state may designate as a Certified Local Government a locality that has put key 13 elements of a sound local historic preservation program in place in its community; and 14 15 WHEREAS, the goals of the Virginia CLG Program are to promote viable 16 communities through historical preservation, to recognize and reward communities with 17 sound local preservation programs, and to establish uniform standards applicable to all 18 localities in Virginia for certification of local historic preservation programs; and 19 20 WHEREAS, the Virginia Department of Historic Resources (VDHR) is the agency of 21 the Commonwealth of Virginia that certifies local government historic preservation 22 programs and otherwise administers the CLG Program; and 23 24 WHEREAS, if certified as a CLG, the City would be entitled to: 25 26 1. Assume a formal role in the state and national historic preservation programs 27 in the identification, evaluation, and protection of the City's heritage 28 resources; 29 30 2. Comment on the eligibility of historic resources nominated for listing in the 31 National Register of Historic Places; 32 33 3. Receive technical assistance from the VDHR and the National Park Service; 34 35 4. Network with other CLGs and share experiences, concerns, and potential 36 solutions to problematic issues; 37 38 5. Apply for matching grants for preservation programs from a ten per cent 39 (10%) share of Virginia's annual federal appropriation; 40 41 6. Gain free and full access to the Virginia Cultural Resource Inventory System 42 (V-CRIS); 43 44 7. Receive stipends to selected preservation conferences and workshops; 45 46 8. Be considered automatically for the VDHR Cost Share Program funding for 47 survey projects in which CLG grant funding is unavailable; and 48 49 9. Be a "consulting party" in projects requiring review pursuant to Section 106 of 50 the National Historic Preservation Act; and 51 52 WHEREAS, it is the sense of the City Council that the residents of and visitors to 53 the City of Virginia Beach would benefit from the City's certification as a CLG and that the 54 benefits of such certification would provide significant assistance to the City in its ongoing 55 historic preservation efforts, and that application for certification as a CLG should therefore 56 be made to the VDHR; 57 58 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 59 OF VIRGINIA BEACH, VIRGINIA: 60 61 That the Mayor is hereby authorized to make application to the Virginia Department 62 of Historic Resources on behalf of the City for certification of the City of Virginia Beach as 63 a Certified Local Government. 64 65 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 66 VIRGINIA BEACH, VIRGINIA: 67 68 That the City Manager shall provide all such assistance in submitting such 69 application and supporting materials as may be necessary or advisable. 70 71 Adopted by the City Council of the City of Virginia Beach on the 3rd day of 72 December , 2013. 73 74 75 76 77 78 79 80 81 CA -12843 82 R-1 83 November 19, 2013 APPROVED AS TO CONTENT: ii.AA,A Planning Iepartment APPROVED AS TO LEGAL SUFFICIENSCY: City Attorney's Office 2 • -60 - ITEM VI -K APPOINTMENTS ITEM #63355 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HISTORIC PRESERVATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION TRANSITION AREA/ITA TRAFFIC AREA AD VISOR Y COMMITTEE December 3, 2013 -61 - ITEM VI -K APPOINTMENTS ITEM #63356 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DAVID JESTER Three Year Term 01/01/2014 —12/31/2016 CHESAPEAKE BAY PRESERVATION AREA BOARD Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph, December 3, 2013 -62 - ITEM VI -K APPOINTMENTS ITEM #63357 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: SCOTT KELLAM ANN MANNARINO JENNIFER POWELL Unexpired term thru 03/31/2016 CLEAN COMMUNITY COMMISSION Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -63 - ITEM VI -K APPOINTMENTS ITEM #63358 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: MICHAEL ASCHKENAS Two Year Term 01/01/2014 —12/31 /2015 SENIOR SERVICES OF SOUTHEASTERN VIRGINIA (SEVAMP) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -64 - ITEM VI -K APPOINTMENTS ITEM #63359 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JAMES BANKS Four Year Term- 01/01/2014 —12/31/2017 VIRGINIA BEACH COMMUNITY DEVELOPEMNT CORPORATION (VBCDC) Voting: 10-0 Council Members Voting Aye: Glenn R. Davis, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph December 3, 2013 -66 - PUBLIC DIALOGUE Christine Ross, 749 Whistling Swan Drive, Phone: 905-0265, requested the City close the Abortion Clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". The PUBLIC DIALOGUE re Non Agenda Items concluded at 6:14 P.M. December 3, 2013 -65 - Item -VI-N ADJOURNMENT ITEM #63360 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:11 P.M. 41/1't Amanda Finley -Barnes, CMC Chief Deputy City Clerk --� mit uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor December 3, 2013