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AUGUST 5, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" ;;I'I'Y COUNCIL , Lq yOR WI! LIAM 1). SBSSOMS, .IR., At Large 7('1? A9.4Y012 LOUIS R. JON1iS, Bayside - District 4 '1OBli2%'b4. DY"ER. Ccniei ville - District 1 h'AIZ/3ARA M. HIiNI.IiY, Prfncess Anne District 7 SH/I.VNON DS KANIi. Rnse Hall - District 3 SIZAU MART[N, P.li.. At Lnrge IUHN D.MOSS, Al Lurge I ML7,[A KOSS-HAN[d40ND, Kempsvllle - DASGrtci 2 JOfIN Ii UHR(N, Beach - District 6 kO,5'EA4.aRY 6V7/.SON, Ai Large J.1ti/liS l.. ti'00D. L}nnhaven -Dzstricl J CI"I'Y COUNCIL APPOINTEES Cl7Y MA;'JAGGR -JAMIiS K. SPORE ('l7Y A%%'OIZNIs Y- A4ARK D. STILL'S <'l"IYASSESSOK JIiIZAT,DD.BANAGAN ClIY AI lDlfOR - LYNDON S. fUsMIAS _".....-....rni-nn11D AAA.!/' CITY COUNCIL AGENDA 5 August 2014 CITY FIALL BUILDING zaoi couRTHOVSE DRrvE V/RGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com Cf I Y l-Llacn - n-I L CITY MANAGER'S BRIEFINGS - Conference Room - A. BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD Andrew Friedman - Director, Housing and Neighborhood Preservation B. PENDING PLANNING ITEMS Jack Whitney - Director, Planning IL CITY COUNCIL LIAISON REPORTS [II. CITY COUNCIL COMMENTS N. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL 4:30 PM 5:30 PM C. RECESS TO CLOSED SESSION CITY MANAGER'S BRIEFINGS - Conference Room - 4:30 PM A. BEACH COMMUNITY PARTNERSHIP GOVERNiNG BOARD Andrew Friedman - Director, Housing and Neighborhood Preservation B. PENDING PLANNING ITEMS Jack Whitney - Director, Planning IL CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL C. RECESS TO CLOSED SESSION VL FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Assistant Pastor Trinity Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA July 8, 2014 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION - ImprovingBirth.Org Karysa Trombley, Rally Coordinator 2. Sister Cities International "Best Overall Award" RESOLUTION WHEREAS: The mission of "ImprovingBirth. Org " is to bring evidence-based care and humanity to childbirth ensuring that Mothers have not just the right, but the means, to make educated decisions about their own safety and that of their babies; WHEREAS: There is a massive gap in the U.S. between routine, traditional practice and what current science shows is best for Mothers and babies with evidence showing that nine in ten American women receive care that increases, rather than decreases, risks of harm to her and her baby; WHEREAS: Evidence-based maternity care is based on the highest quality, most current medical evidence, most beneficial to Mothers and babies (reducing incidences of injuries, complications, and death), with care tailored to the individual; WHEREAS: The majority of women surveyed in the "Childbirth Connection Listening to Mothers Ili" survey could not correctly identify rivo facts about labor induction or cesarean and a majoriry identified unsafe gestational ages as the earliest safe time to deliver a baby, absent complications, yet despite these qualiry concerns forty-seven percent of those surveyed rated maternity care Providers as "completely trustworthy" and an additional thirty-three percent as "very trustworthy "; WHEREAS: Women can make safer, more informed decisions about their care and that of their babies when they are given fully accurate information about their care options, including the potential harms, benefits and alternatives; and, WHEREAS: Thousands of inen, women and children, in over 160 cities in all 50 states will gather peacefully to hold signs and distribute information about evidence-based birth practices and the need for humanity in our care on September 1, 2014, as part of an International "Rally to Improve Birth". NOW, THEREFORE, BE IT RESOLVED, That the Virginia Beach Ciry Council, on behalf of all the citizens thereof, do hereby adopt this resolution recognizing ImprovingBirth.Org and the Labor Day Rally to "7mprove Birth International Movement" to bring evidence-based care and promote respect for- women and their decisions in childbirth. BE IT FIIRTHER RESOLVED: That this Resolution be presented to representatives of "Improve Birth International Movement" in Virginia Beach on this fifth day ofAugust 2014. Councifnwn R,o6ertM 'Bob° Dyer Counci(Lady Bar6ara 9fen(ey CauncilLady Skannon DS7Cane Councifinnn Bra?Martin CounciGnan9okn D. ?Loss CouncilLacly Dr. AmeCia `-? R.oss- 3fammonrf CounciCmanjohn E. 4lkrin CouncilLudy `_Rosemary WiLson CounciGnan9ames L. 9'Uood 7/ice Mayor Louis R: 90ne?' S4fayar'Wi(Iiam D. "YViCf" Sessams SISTER CITIES ASSOCIATION OF VIRGINIA BEACH WINS SISTER CITIES INTERNATIONAL'S BEST OVERALL PROGRAM AWARD WASHINGTON, DC - Sister Cities Association of Virginia Beach has won Sister Cities International's 2014 Best Overall Program Award for a city with a population between 300,001 to 500,000. The 2014 Sister Cities International Best Overall Program Award recognizes sister city programs that demonstrated outstanding accomplishments in 2013 in advancing the goals and mission of the sister cities movement. In 2013, the City of Virginia Beach's 50th anniversary was celebrated by each of the Sister Cities of Virginia Beach and members of the Sister Cities Association of Virginia Beach (SCAVB). Through its activities, it aimed to share its city's history and involve youth in programming. Last year's efforts helped Virginia Beach renew its relationship with North Down Borough, Northern Ireland, United Kingdom, Miyazaki City, Japan, and Moss, Norway. SCAVB even evaluated potential interests from two new cities to become "sisters" with Virginia Beach! Sister Cities International's Annual Awards are awarded in several categories including Best Overall, Innovation (Arts & Culture, Economic Development, Energy/Sustainable Development, Humanitarian Assistance, and Youth & Education), Volunteer of the Year, and Youth Leadership. Award winners will be honored at a special ceremony on Saturday, August 2, during Sister Cities International's 58th Annual Conference in San Jose, California. The Sister Cities International 58th Annual Conference will bring together elected and municipal officials, engaged citizens, diplomats, and business leaders in the exciting capital of Silicon Valley to discuss, "The Power of Digital Diplomacy". Conference sessions will provide attendees with opportunities to learn about strengthening their sister city programs through informative sessions led by experts and industry leaders. For more information on the 2014 Sister Cities International Annual Conference, please visit: www.SisterCitiesConference.org. # # # About Sister Cities International Founded by President Dwight D. Eisenhower in 1956, Sister Cities International serves as the national membership organization for over 500 individual sister cities, counties, and states across the United States with relationships in 2,000 communities in 140 countries. This sister city network unites tens of thousands of citizen diplomats and volunteers who work tirelessly to promote peace and understanding through programs and projects focusing on arts and culture, youth and education, economic and sustainable development, and humanitarian assistance. Facebook: Sister Cities International; Twitter: (cpSisterCitieslnt; Website: www.sister-cities.org 915 15th Street NW • 4th Floor • Washington, DC 20005 •(tel) 202-347-8630 •(fax) 202-393-6524 • info@sister-cities.org I. YUBLIC HEARINGS ACQUISITION BY AGREEMENT OR CONDEMNATION Pacific Avenue Improvements (additional hearing scheduled August 19, 2014) 2. LEASE OF CITY-OWNED PROPERTY Atlantic Avenue and 3`a Street TRANSFER OF CITY PROPERTY Northampton Boulevard at Little Creek Reservoir and Lake Smith ?u ?»+x A? 2 `'? "" u; •*?:?. pllRUQHEARING AGni ucmnN RV AGRFEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBIIC HEARING on the proposed acquisition, by agreement or condemnation, of temporary and permanent easements necessary for the Pacific Avenue Improvements Project - Phase I(CIP Nos. 2-045, 5- 037 and 6-037), Tuesday, August 05, 2014, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia 8each, Virginia. The plans for the project are entitled: "PACIFIC AVENUE IMPROVEMENTS PHASE I" and are on file in the Public Works Department, Engineering Division, File Room. The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physicalty disabled or vlsualry impaired and need assis[ance at this meeting, please call [he CfTY CLERK'S OFFICE at 757- 3854303; Hearing impalred, call 711 (Virginia Relay - Telephone Device for the Deafl. Any questions concerning this hearing should be directed to the Real Estate Office, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon July 27, 2014 24162773 ,.,-.. r 1r4. r4 r'O y ? yt?j (L PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on the proposed leasing of City-owned property on Tuesday, August 5. 2014, at 6:00 P.M. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following properties: Approximatety 1485 Square Feet of Space located at 302 22"° Street Approximately 0.82 acres located at Atlantic Ave and 3'° Street on GPINS 2427- 32-0138, 242732-0193, 2427-32-0057, 2427-22- 9184, 2427-22-9150, 2427-32-0006, 2427-31- 0964 (partial) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 711(Virginia Relay). Any questions concerning this matter should be directed to the DepaRment of Management Services - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Offce telephone number is (7 57 )385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon Juiy 27, 2014 24273623 1t`IAR{A?? f C4..e=--?»?'? . 1 C PUBLIC HEARING The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, August 5, 2014, at 6:00 P.M., in the Council Chamber, City Hall - Bldg. N1, at the Virginia Beach Municipal Center. The purpose of [his hearing will be to obtain public comment on the transfer of the following property to the City of Norfolk: A 5.85Eacre portion of NoRhampton Boulevard separating Little Creek Reservoir and Lake Smith tf you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 386 4303; hearing impaired call 711. Any questions concerning this matter should be directed to the Office of Real Estate, Building tl2. Room 392, at the Virginia Beach Municipal Center. The Real Estate pftice telephone number is (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon July 27. 2014 24273655 J. ORDINANCES Ordinance to AMEND §2-468 of the City Code to clarify the scope of "Right to Audit Clauses" in City Contracts 2. Ordinances to AUTHORIZE leases of City property: a. Integrated Management Group (Beach Events) at 302 22°d Street b. Ice Masters re an ice skating rink at 3`d Street and Atlantic Avenue 3. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $35,929 within the Sheriff s Budget re conversion of a part-time to a full-time Food Service Assistant b. $33,694 Four-for-Life Program Grant and provide matching funds from the Reserve for Contingencies c. $15,000 from the Virginia Beach Development Authority Charity Golf Classic d. $35,000 from the Hampton Roads Sanitation District (HRSD) re donation of trees along Great Neck Road 1 : CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-468 of the City Code Pertaining to Right-to- Audit Clauses in City Contracts MEETING DATE: August 5, 2014 ¦ Background: In 2007, the City abolished the Department of Audit Services and created the Office of the City Auditor. At that time, the City Code was amended to add provisions pertaining to the Office of the City Auditor. One of the added code sections provided far "right-to-audiY" provisions to be included in City contracts. A"right-to-audit" provision in a City contract ensures access to pertinent records and requires record retention from the other party to a contract. With this access, the City Auditor is able to inspect records and ensure that City funds are directed and used in a manner that is consistent with the provisions of the contract and applicable law. ¦ Considerations: This amendment specifies the types of contracts where a "right-to-audit" clause is required. The attached ordinance clarifies the scope of the "rig ht-to-aud it" requirement to include agreements that are characterized as "public- private partnerships" or "P3s." While the City staff has dutifully required this provision in agreements such as the Town Center Development agreements, the ability to point to a specific section of the City Code is helpful in persuading our P3 partners that the requirement is non-negotiable. Additionally, this ordinance clarifies the requirement for a"right-to-audit" clause in various City contracts including all construction and all architectural and engineering contracts. ¦ Public Information: Public information will be provided through the normal Council Agenda process. ¦ Recommendations: Adopt the attached ordinance. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the City Auditor ?(56, City Pdlanager: k '"b?-T? 1 AN ORDINANCE TO AMEND SECTION 2 2-468 OF THE CITY CODE PERTAINING TO 3 RIGHT-TO-AUDIT CLAUSES IN CITY 4 CONTRACTS 5 6 SECTIONS AMENDED: § 2-468 7 $ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-468 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-468. Access to empioyees, records and property. 15 16 17 .... 18 (b) All contracts for construction; all contracts for architectural and en ineerin services• 19 all franchise a reements; an ublic- rivate art nershi a reement whether structured 20 without limitation as a lease a erformance a reement or rant a reement• and an 21 contract for qoods and services of an onaoinq nature ?Gi=Rg?-r";?? ? ? 1? 22 ? , ' e shall 23 contain a"right-to-audiY' clause providing the city auditor access to the contractor's 24 records relating to or pertainin g to the con trac t as well as records relating to or 25 pertaining to property and equipment purchased in whole or in part with governmental 26 funds in the perFormance of the contract. Right-to-audit clauses shall be included in 27 other city contracts where the facts and circumstances support the need for the 28 provision. 29 30 ,,,, Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: City Au itor ; .- i , rne ' ice CA13053 / R-2 / July 14, 2014 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One Year with Four (4) One-Year Renewai Options with Integrated Management Group LLC for Approximately 1,485 Square Feet of City-Owned Property Located at 302 22"d Street. MEETING DATE: August 5, 2014 ¦ Background: The City of Virginia Beach (the "City") owns property located at 302 22"d Street (the "Building"). Integrated Management Group LLC, a Virginia limited liability company ("Integrated Management"), operates Beach Events ("Beach Events") and coordinates resort area activities and entertainment. City Council approved the lease of the 1,485 square feet of office space on the second floor of the Building (the "Premises") to Integrated Management in 2009 (the "Original Lease"). The Original Lease has expired, and Integrated Management has requested a new lease on the same terms and conditions as the Original Lease (the "New Lease"). ¦ Considerations: The term of the New Lease would be for one (1) year, with four (4) one-year renewal options at the sole discretion of the City. The rent would be $1.00 per year. The City would have the right to terminate the lease with thirty (30) days' notice in the event the City needs the Premises prior to the termination of the lease. ¦ Public Information: Advertisement of Public Hearing in The Virginian-Pilot and advertisement of City Council Agenda ¦ Alternatives: Approve the New Lease as presented, deny leasing the Premises, or modify the terms and conditions of the lease. ¦ Recommendations: Approval ¦ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management City Manager: y? ? 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 3 ONE YEAR WITH FOUR (4) ONE-YEAR 4 RENEWAL OPTIONS WITH INTEGRATED 5 MANAGEMENT GROUP LLC FOR 6 APPROXIMATELY 1,485 SQUARE FEET OF 7 CITY-OWNED PROPERTY LOCATED AT 302 8 22ND STREET 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain building located at 302 22"d Street, Virginia Beach, Virginia (the 12 "Building"); 13 14 WHEREAS, Integrated Management Group LLC, a Virginia limited liability 15 company ("Integrated Management"), currently leases approximately 1,485 16 square feet of office space on the second floor of the Building (the "Premises") 17 for the purpose of operating Beach Events; 18 19 WHEREAS, the existing lease has expired and the City and Integrated 20 Management desire to enter into a new lease for the Premises on the same 21 terms and conditions; and 22 23 WHEREAS, City Council is of the opinion that the use of the Premises for 24 the operations of Beach Events promotes the goals and interests of the City. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for the term 30 of one (1) year, with four (4) one-year renewal options, between Integrated 31 Management Group LLC, a Virginia limited liability company, and the City, for the 32 use of approximately 1,485 square feet of space on the second floor of the 33 building located at 302 22"d Street, in accordance with the Summary of Terms 34 attached hereto as Exhibit A, and made a part hereof, and such other terms, 35 conditions or modifications as may be acceptable to the City Manager and in a 36 form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 39 day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ., ? City Attorney APPROVED AS TO CONTENT ? Public Wor s/ Facilities anagement EXHIBIT A SUMMARY OF TERMS Lease with Integrated Management Group LLC (operating as "Beach Events") for approximately 1,485 square feet of office space located at 302 22"d Street, Virginia Beach, VA 23451 LESSOR: City of Virginia Beach LESSEE: Integrated Management Group LLC PREMISES: Approximately 1,485 square feet of office space located on the second floor of 302 22"d Street, Virginia Beach, Virginia (GPIN 2427-18-0657) TERM: One year (September 1, 2014 through August 31, 2015), with four (4) one-year renewal options at the City's sole discretion. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises solely for the operation of Beach Events. • Pay for all water, sewage, HVAC and electricity provided to the Premises. . Maintain the Premises (excluding mechanical systems and items of a structural nature). • Procure and maintain public liability insurance with limits of not less than $1,000,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain structural portions of, and all mechanical systems serving, the Premises. . Reserves right to enter upon the Premises without notice to Lessee in emergency situations, or upon reasonable prior notice to Lessee in non- emergency situations. TERMINATION: • Lessor or Lessee may terminate the Lease for any reason by giving thirty (30) days' advance written notice to the other party. V :,applications\cirylawprodAcycom32\ W pdocs\D031 AP003V00007880. DOC p?iV ; P T Me, ?• ` ? ?= r? «.. ? ? 's ft' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Three and a Half (3 %) Months, with ice Masters, Inc., for 35,720+/- Sq. Ft. (0.82 acres) of City-Owned Property Located at the Southwest Corner of 3rd Street and Atiantic Avenue MEETING DATE: August 5, 2014 ¦ Background: The City of Virginia Beach (the "City") owns seven parcels of land located at the southwest intersection of Atlantic Avenue and 3rd Street, also known as "Rudee Loop" (GPINs: 2427-32-0138, 2427-32-0193, 2427-32-0057, 2427-22-9184, 2427-22-9150, 2427-32-0006 and 2427-31-0964). Ice Masters, Inc. ("Ice Masters") desires to lease approximately 35,720 sq. ft. (0.82 acres) of the Rudee Loop property (the "Premises") to provide an outdoor ice rink. Ice Masters' proposed use would be an attraction for residents and tourists at the Oceanfront area during the off-season. ¦ Considerations: The lease term would be for three and a half (3 months (November through Mid-February). Ice Masters has agreed to pay the City $2,000 per month for rent. Ice Masters has also agreed to make certain improvements to the Premises necessary for its intended use. ¦ Public Information: Advertisement of Public Hearing in The Virginian-Pilot; Advertisement of City Council Agenda. ¦ Alternatives: Approve the terms of the lease as presented, change the terms of lease or deny leasing the Premises. ¦ Recommendations: Approval ¦ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office n? City Manager: f I ?'YJ ?? 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR THREE 3 AND A HALF (3 '/) MONTHS FOR 35, 720+/- SQ. FT. 4 (0.82 ACRES) OF CITY-OWNED PROPERTY 5 LOCATED AT THE SOUTHWEST CORNER OF 3RD 6 STREET AND ATLANTIC AVENUE 7 8 WHEREAS, the City of Virginia Beach the Cit ) 9 located at the southwest intersection of 3Id Street and Atlant c Avenuef land 10 known as "Rudee Loop" (GPINs: 2427-32-0138, 2427-32-0193, 2427-32-0057 11 2427-22-9184, 2427-22-9150, 2427-32-0006 and 2427-31-0964); 12 ' 13 WHEREAS, Ice Masters, Inc. ("Ice Masters") desires to lease 14 approximately 35,720 sq. ft. (0.82 acres) (the "Premises") of the Rudee Loo 15 property from the City for a period of three and a half (3'/) months; p 16 17 WHEREAS, Ice Masters proposes to use the Premises for an outdoor ice 18 rink, for the sale of small concessions such as drinks and snacks, and for no 19 other purpose; 20 21 WHEREAS, Ice Masters has agreed pay the City $2,000 per month for the 22 use of the Premises; and 23 24 WHEREAS, Ice Masters has also agreed to make certain improvements to 25 the Premises, as specified in the Summary of Terms attached hereto as Exhibit 26 A. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for a term 32 of three and a half (3 '/) months between Ice Masters, Inc. and the Cit of 33 Virginia Beach, for the use of approximately 35,720 sq. ft. (0.82 acres) of Cit - 34 owned property, in accordance with the Summary of Terms, attached hereto as 35 Exhibit q and made a part hereof, and such other terms, conditions or 36 modifications deemed necessary and sufficient by the City Manager and in a 37 form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2014. APPROVED AS TO CONTENT: ? Public Works / FAltg?4?/ Manag ement CA 12964 \lvbgov. com\DFS 11ApplicationslCityLawProdlcycom32\Wpdocs1D018\P01 810 01 35898. DOC R-1 July 25, 2014 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorney EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 3RD STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: Ice Masters, Inc. PREMISES: Approximately 35,720 sq. ft. (0.82 acres) of City-owned property located at the southwest corner of 3rd Street and Atlantic Ave (GPINs: 2427-32-0138, 2427-32-0193, 2427-32-0057, 2427-22- 9184, 2427-22-9150, 2427-32-0006 and a portion of 2427-31- 0964) TERM: November 1, 2014 through February 15, 2015 RENT: $2,000 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for an ice rink and for the sale of small concessions such as drinks and snacks, and for no other purpose. • Make necessary site improvements to the Premises, at its sole expense. • Responsible for all utilities associated with the use of the Premises. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than two million dollars ($2,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain all necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations under the Lease. RIGHTS OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. TERMINATION: • The City may terminate the Lease for any public purpose upon thirty (30) days' prior written notice. 2 CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance to Transfer Appropriations within the Sheriff's Office Operating Budget and to Convert Part-time Positions to a Full-time Position MEETING DATE: August 5, 2014 ¦ Background: During FY 2010-11, the Sheriff's Office began operating the in- house programs of CareMart and Fresh Favorites. The CareMart program is an online ordering system that allows the general public to purchase items from the Sheriff's Office for the inmates. The Fresh Favorites program allows inmates to purchase a freshly cooked upgraded meal in addition to their standard inmate meal. ¦ Considerations: As the above-referenced programs grow, part-time staffing is not keeping up with the demands of the additional food preparation. The Sheriff's Office recommends the conversion of 1.46 part-time Canteen Clerk staff positions to one additional full time Food Service Assistant position. This conversion result in an overall decrease of .46 part-time positions. The approval of this full-time FTE and a transfer of $35,929 within the Sheriff's Office operating budget will allow for the Sheriff's Office to staff these program demands. ¦ Public Information: Public information will be handled through the normal Council Agenda notification process. ¦ Attachment: Ordinance Submitting Department/Agency: Sheriff's Office City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO TRANSFER APPROPRIATIONS WITHIN THE SHERIFF'S OFFICE OPERATING BUDGET AND TO CONVERT PART-TIME POSITIONS TO A FULL-TIME POSITION NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $35,929 is hereby transfered within the FY 2014-15 Sheriff's Special Revenue Fund for the conversion of part-time positions to a full-time FTE; 2. The Sheriff's Office position total is hereby decreased by 1.46 part-time FTEs; and FTE. 3. The Sheriff's Office full-time position total is hereby increased by one full-time Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2014. APPROVED AS TO CONTENT: ? "'o, Budget and Management Service APPROVED AS TO LEGAL SUFFICIENCY: Ci# y' Office CA13060 R-1 July 23, 2014 r ^ ••?., lG?. '3i ??? .? v . CITY OF VIRGINIA BEACH AGENDA ITElhll WNWW? ropriate Grant Funds to the Department of ITEM: An Ordinance to Accept and App Emergency Medical Services for the P??hase of Cardiac Monitor Upgrades and to Transfer Funds for a Local Grant Ma ME_ ETING DATE: August 5, 2014 Back round: The General Assembly established thee S uuads program ic paIoEMS ¦ J purpose of providing finan Lae as?o trame collectsn four radditio al dollars on each state agencies?. The Four-for p 9 automobile license purchased annually. Twenty-five p Fund (RSAF) G a t Pr gram for the municipality through the Rescue Squad Assista ce ese equipment and supplies intended to enhance rescue/medcsl ca p? bfiref ght hs to func?rease shared among volunteer rescue squads, career me , medical proficiencies and to enhance training and equipment. Medical Services has awarded The Virginia Department of Health, Office of Emergency the CitY's Department of Emergency Medical Services (EMe )? ASo agmatchfis3equ ed, purchase: 9 cardiac monitor upgrades from 3-lead to 12 it accounts for 50% of the cost to acquire these itemse hh hest s?tanda dl of care cardiacby and monitor (EKG) upgrades will enable EMS to provide t 5 ensurin9 that additional 12-lead EKG monitors are available on rescue squad ambulances. ¦ governed law Considerations: The State Four-for-Life funds arel S?enlt or train ng beedste The and may be used to purchase additional enhanced servu es. The funding for the local funds may not be used to off-set or supplant cu grant match of approximately $33,694 is availabee Contingencies. As of Jul in the Gene al Fund Reserve for y 3, 2014 the balanc Contingencies is $1,099,307. Public Information: Information will be disseminated through the regular Council ¦ agenda notification process. ¦ Recommendations: Approve the attached ordinance. ¦ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services 'or City Manager. ?? V • .?.% : r 3 4 5 6 8 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS TO THE DEPARTMENT OF EMERGENCY MEDICAL SERIVCES FOR THE PURCHASE OF CARDIADS FOR OLOCAL RANT AND TO TRANSFER FUN MATCH APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: I $33,694 is hereby accepted from the Virgi ?at ? est mated ostateairevenul ? Medical Services, and appropriated, of Emergency es Budget of the Department of increased accordingly, to the FY 2014-15 Operating rades; and Emergency Medical Services (EMS) for costs of cardiac monitor upg 2 $33,694 is hereby transferred from the General Fund a o REm ge cy Contingencies to the FY 2014-15 Operating Budget of the Deprtmen Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of , 2014. Requires an affirmative vote by a majority of all of the members of City Council. O y' ice ent Servi ces Budget and a agem Cit CA13056 R-1 July 10, 2014 ra`e?'N+""'ir?, ??v'a*e•a??!s_" ",•'? CITY OF VIRGINIA BEACH AGENDAITEM J ITEM: An Ordinance to Accept and Appropriate Funds Resulting from the Seventh Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and to Authorize Three Donations MEETING DATE: August 5, 2014 ¦ Background: On May 2, 2014, the Virginia Beach Development Authority (VBDA) and the Department of Economic Development (DED) hosted the seventh annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The Golf and Reception event is a lead-in to the Commonwealth of Virginia's Business Appreciation Week, which is typically celebrated annually during May or June to recognize the invaluable contributions that Virginia Beach businesses make to support our excellent economy and high quality of life. The invitation list included over 800 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants (joined by members of the VBDA and DED). This charitable fund-raising event donates a portion of the private sector proceeds to three local charities encompassing job skills for special needs adults, instruction for children, and community awareness. This year the three charities are: The Wounded Warrior Project; The Global Studies and World Languages Academy at Tallwood High School; and Virginia Beach Public Schools STEM Robotic Challenge. This exciting event generated $15,000 in monies to be allocated equally for the benefit of the above referenced programs. ¦ Considerations: Approval will allow the City to accept a check from the VBDA, appropriate it in the FY 2014-15 Operating Budget of the Department of Economic Development, and then donate the funding received to the above charities for use within the City of Virginia Beach. ¦ Public Information: Public information will be handled through the normal Council agenda process. ¦ Recommendations: Approval of the attached ordinance ¦ Attachment:Ordinance Recommended Action: Approval ?l Submitting DepartmentlAg ncy• Economic Development City Manager. ? , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 RESULTING FROM THE SEVENTH ANNUAL VIRGINIA 3 BEACH BUSINESS APPRECIATION CHARITY GOLF 4 CLASSIC AND NETWORKING RECEPTION AND TO 5 AUTHORIZE THREE DONATIONS 6 7 WHEREAS, on May 2, 2014 , the Virginia Beach Development Authority and the 8 Department of Economic Development hosted the seventh annual Virginia Beach 9 Business Appreciation Charity Golf Classic and Networking Reception at the Virginia 10 Beach National Golf Club, which generated $15,000 that can be donated to local 11 charitable programs. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. $15,000 is hereby accepted and appropriated, with estimated miscellaneous 17 revenue increased accordingly, from the proceeds generated by the seventh annual 18 Virginia Beach Business Appreciation Charity Golf Classic and Nefinrorking Reception 19 held on May 2, 2014 at Virginia Beach National Golf Club to the FY 2014-15 Operating 20 Budget of the Department of Economic Development for purposes of donation to three 21 local charitable programs; and 22 23 2. $15,000 is authorized for donations in the amount of $5,000 each, to the 24 following three organizations: The Wounded Warrior Project, the Virginia Beach City 25 Public Schools, Tallwood High School, for its Global Studies and World Languages 26 Academy, and the Virginia Beach City Public Schools for its STEM Robotic Challenge. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? Budget and Management ?Services- Ci y s O'ce CA13055 R-1 July 1, 2014 ? ii styc ro? `?-'?„"'*a+•:-? ?7 ?m"•?`,s +- .. . . °.5r C?s.?..?;: •.? '``•? ..,y..`,.' - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Donation from Hampton Roads Sanitation District MEETING DATE: August 5, 2014 ¦ : HRSD has informed the City's P andsca d MRecreation anagemeDnt Divisont Background of their desire to don otnation Os 0 otplathe nt t Drees a ong the Great Neck Road corridor. T h e p u r p o s e o f t h i s d for ¦ Consi dera tions: H R S D w o u l d l i k e to o ed thethefunds G eat Ne kl R o' a d approximately 150 trees a s m i t i g a t i o n f o r t r e e s r e m Sanitary Sewer Force Main Project. ¦ Public Information: Public information will be coordinated through the normal City Council agenda process. tion ¦ Alternatives: The alternative would be for the allong Great NeckhRoad donauntil from HRSD, which would delay replacing the trees alternate funding could be identified. ¦ Recommendations: Accept and appropriate the $35,000 donation from HRSD. ¦ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: City Manager: v Parks and Recreation , ?'l 2 3 5 6 8 10 11 12 AN ORDINTE CEA T DONAT ONPT FROAND M APPROPRIA HAMPTON ROADS SANITATION DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a donation of $35,000 from the Hame? ndonat?on S evletation nue Dcreased hereby accepted and appropriated, with estimat accordingly, to the Beautification Fund of the Parks and Ren re?he GreataNe k tRoad 2014-15 Operating Budget to replace trees removed d 9 Sanitary Sewer Force Main project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ; ney' Office CA13057 R-1 July 10, 2014 K. PLANNING 1. Application of CROWN CASTLE USA, INC. for Alteration to a Nonconforming Structure re communication tower, at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (Deferred July 8, 2014). DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 2. Application of LA PAZ, LLC for Alteration to a Nonconforming Use re two (2) single family homes at 2565 Shore Drive DISTRICT 5- LYNNHAVEN RECOMMENDATION: APPROVAL ;. Application of MARY MEYER for a Conditional Use Permit for a home-based wildlife rehabilitation activity at 547 Susan Constant Drive (Deferred July 8, 2014) DISTRICT 5 - LYNNHAVEN RECOMMENDATION: DEFER TO 8/19/14 4. Application of CITY OF VIRGINIA BEACH for a Conditional Use Permit re a drive-through for a drugstore at Princess Anne and South Witchduck Roads (Deferred by City Council on 3/25/14) DISTRICT 2 - KEMPSVILLE RECOMMENDATION: INDEFINITE DEFERRAL M^. t ? C{ 4,`,',,.. ?S NOTICE OF PUBUC HEARING The regular meeting of the City Council of the Ciry of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, Augus[ 5, 2014, at 6:00 P.M., at which time the following applications will be heard: KEMPSVILLE - DISTRICT 2 City Of Virginia Beach Application: Conditional Use Permit (Drive Through associated with a drugstore) at Princess Anne and S. Witchduck Rds (Parcel D). (GPIN 1466783845). (deferred by City Council on 3/25/14) PRINCESS ANNE- DISTRICT 7 Crown Castle USA, Inc. Application: olta•a*'on to a Nonconformine tr u t ur (communication tower on the rear portions of the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of 1474952333; 1474952149; 1474952088; 1474943936). (deferred by City Council on 7/8/14) LYNNHAVEN - DISTRICT 5 Mary Meyer Application: Conditional U&Permit for a HomeBased Wildlife Rehabilitation at 547 Susan Cons[ant Drive (GPIN 2419318651). (deferred by the City Council on 7/8/14) La Paz, LLC Application: Alteration to a Nonconformine Use at2565 Shore Drive (GPIN 1590710928). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resoluTions and amendrnents are on file and may be examined in the Department of Planning or online at y ri vt.?-.;;•,L For information call 385-4621. If you are physlcalty disabled or visualty Impalred and need assistance at this meeting, please call the CfTY CLERKS OFFlCE et 385- 4303. Beacon July 20 & 27, 2014 24161050 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing ahs ment within t e Nonconforming portions of S t r u c t u r e L o c a t e d o n a n e the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ri dge Lane (portions of 1474952333; 147495214 9; 1 474952088; 1474943936). PRINCESS ANNE DISTRICT. MEETING DATE: August 5, 2014 ¦ Background: ed-wire The applicant proposes to replace an existing 285-foot high guy communications tower with a 280-foot high self-supporting lattice-construction setback communications tower. The existing tower ntruct ? nance s which spechfies hat a requirement of Section 232 of the City Zoni g O tower have a minimum setback from a residential he ght of 285 feet percent of the height of the tower. Based on the exstn9 the the required minimum setback is 356.25 fe es from aI minimbm from 180 feet dwellings that front on Meadow Rid9 an tower g non-conforming with regard to to a maximum of 251 feet; therefore, the the required setback. Accordingly, the proposed replacement of the existing requirCounes, I tower through the construction of a new tower in a neroval location Section 105(d)(1) of the City Zoning Ordinance, the app cant is seeking the for the relocation of a nonconforming structure. Thus, the appli City Council's approval. ¦ Considerations: On December 13, 1982, City Council 9r s tower onoadsite located w th n'therrehar construction of a 280-foot communication yards of the lots. On August 20, 1984, City Council granted a Conditional Use Permit for an additional 280-foot communications ConditionallUse Permut 11, 1995, City Council granted a modification t the p to allow single-family homes to be constructed on the four lots. At that time, an the easement totaling 1.069 acres was place e o eporti?of sa f?a ?u?lotsoff three construction, reconstruction, maintenanc , tc. communication towers. The existing tower has faulty welding that e was struct ?arl endtegover r'ty tofethe years. towerhto faulty welding was intended to enhance th allow for increased capacity by the collocation of additional antennas. The CROWN CASTLE Page2of2 b applicant indicates that the problems ower associated Welding cannot e corrected, and thus, replacement of the t There is sufficient area within the existing easement to locate the proposed tower so that it could meet the 125 perce the towea height nStaff has d scussed be t wee n 100 p e r c e n t a n d 125 p e r c e nt of with the applicant the relocation of the tower a greater distance from t he ho m e s than what is currently proposed. That discn included equl pmelnt and of applicant of the considerable cost of relocating the coordinating the relocation of that equipment among the many tower users. the This application was deferred at the Apri 2ev1aluation Council Crown tlCas eh and consent of Crown Castle to allow further discussion with the neighborhood. ¦ Recommendations: Based on the fact that the proposed tower design has been certified by a professional engineer as meeting or exceeding the industry standards for such towers, as well as the fact that the existi Ce ta ri ed I staff fi ds thattthef prdisrepair oposed that it needs to be replaced rather than p replacement of the existing tower with a new tower in adiffate to the d strict reasona b le, wi l l h a v e a m i n i m a l i m p a c t, and will be as app op as is the existing nonconforming tower. Approval of this request with the fo l lowing conditions is recommended: 1. The subject site and tower shall be developed substantially in accordance with the submitted plan documents entitled "Zoning Drawings, Crown Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26, 2013 and prepared by FDH Engineering Innovation. Said plan documents have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. An eight-foot high solid wood fence, with Category I landscaping, meeting the City Landscape Screening ? Buffering rrea.specifications and Standards s h a l l b e i n s t a l l e d a r o u n d t h e c o p 3. The access road shall be gated and locked to prevent unauthorized use; loyed nder additional drainage measures shS lcb sh apd run shall includbe repaipeduafter the access road; and the road construction. 4. The compound and the surrounding area shall be maintained free of debris. CROWN CASTLE Page 3 of 2 5. The older equipment building shall be pressure washed and a section of fence with vinyl slats and landscaping meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed to shield the building from view. ¦ Attachments: Location Map Staff Review and Disclosure Statements Resolution Recommended Action: Staff recommends approval with conditions Submitting DepartmentlAgency: Planning Department City Manager: ? ? - ?)doft F ?2 b Crown Castle USA, nc. R15 R15 Ri'? - G2 R15 AGa a R15 AG1 , ? R15* R15* ? R15 ? Non-Contomung Use August 5, 2014 City Council Hearing APPLICANT: CROWN CASTLE USA, INC. REQUEST: Relocation of a Nonconforminq Structure ADDRESS / DESCRIPTION: Easements located in the rear portion of lots located at 2225, 2229, 2233, and 2237 Meadow Ridge Lane GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ: 1474952333; 147492149; PRINCESS ANNE 4.47 Acres Less than 65 dB DNL 1474952088; 1474943936 1.069 Acres (easement area) BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to replace an existing 285-foot high guyed-wire communications tower with a 280-foot high self-supporting lattice-construction communications tower. The existing tower structure does not meet the setback requirement of Section 232 of the City Zoning Ordinance, which specifies that a tower have a minimum setback from a residential structure equivalent to 125 percent of the height of the tower. Based on the existing tower height of 285 feet, the required minimum setback is 356.25 feet. The existing setback from the dwellings that front on Meadow Ridge Lane ranges from a minimum of 180 feet to a maximum of 251 feet; therefore, the tower is non-conforming with regard to the required setback. Accordingly, the proposed replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval by the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. CROWN CASTLE USA, INC. August 5, 2014 CITY COUNCIL HEARING Page 1 The subject site contains four lots that were plated in 1952. The existing zoning of the site is AG-1 Agricultural District. The combined area of the four lots is 4.47 acres. On December 13, 1982, City Council granted a Conditional Use Permit for the construction of a 280-foot communications tower on a site located within the rear of yards of the lots. On August 20, 1984, City Council granted a Conditional Use Permit for an additional 280-foot communications tower on the four lots. On July 11, 1995, City Council granted a modification to the prior Conditional Use Permits to allow single-family homes to be constructed on the four lots. At that time, an easement totaling 1.069 acres was placed on portions of the four lots for the construction, reconstruction, maintenance, etc. of a maximum of three communication towers. In addition to the four single-family homes and the 285-foot high guyed-wire communications tower, there are also numerous equipment shelters and support equipment for the existing tower located within and outside of a compound area enclosed by a chain-link fence. The existing tower has faulty welding that was performed over the years. That faulty welding was intended to enhance the structural integrity of the tower to allow for increased capacity by the collocation of additional antennas. The applicant indicates that the problems cannot be corrected, and thus, replacement of the tower is the only alternative. When the existing tower and the later single-family homes were constructed, there were minimal zoning requirements concerning communication tower facilities. Since then, the Zoning Ordinance has been amended to require a Conditional Use Permit for new wireless communication facilities. Section 232 provides the standards that such facilities must meet. Those standards include a requirement that a tower associated with a wireless communication facility have a setback from any residential structure equal to 125 percent of the height of the tower. The applicant's new replacement tower is being moved to a location that will provide an increased setback from the existing single-family homes; however, the tower will not meet the 125 percent setback requirement. Based on the tower's 280-foot height, the minimum required setback is 350 feet. The setback distance to the existing dwellings resulting from the new tower location ranges from a minimum of 208 feet to a maximum of 264 feet. There is sufficient area within the existing easement to locate the proposed tower so that it would meet the 125 percent setback requirement or some distance between 100 percent and 125 percent of the tower height. Accordingly, in the event of a catastrophic failure of the tower structure at the base, the tower would not strike any of the existing residential structures. Staff discussed with the applicant the potential for moving the tower to a location within the easement such that the required minimum setback was met; however, the applicant indicates that the wireless communication equipment that supports the operation of the tower must be located directly adjacent to the tower in order to ensure maximum efficiency. Moreover, the applicant has stressed that relocating the equipment would be very costly due to the expense of the equipment itself and the coordination that would be required among the numerous users of the tower. The applicant submitted a structural report provided by a professional engineer, certifying that the tower is "designed to meet or exceed industry standards defined by TIA/EIA-222-G, `Structural Standards for Steel Antenna Towers and Antenna Supporting Structures' (EIA Standard)." The report also indicates that the proposed tower will be installed on a reinforced concrete foundation that will be designed to take into consideration the soil parameters for the site based on a soil report. If a structural failure occurs, the tower is designed such that the collapse of the structure will stay within a radius of 140 feet from the base CROWN CASTLE USA, INC. August 5, 2014 CITY COUNCIL HEARING Page 2 of the tower. The report does not address the potential for or the effects of a failure at the base of the tower. EVALUATION AND RECOMMENDATION The existing tower was constructed prior to the single-family dwellings that front on Meadow Ridge Lane, and as a result, as well as prior to the requirement in Section 232 of the Zoning Ordinance for a minimum setback from a tower to a residential structure of 125 percent of the height of the tower. The existing tower does not meet the125 percent setback requirement; therefore, the tower is nonconforming with regard to this setback. Accordingly, the replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval of the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. The applicant proposes to replace the existing tower with a new tower located approximately 35 feet to the southwest of the existing tower. Even though the new location is further from the existing dwellings, the proposed tower will not meet the required 125 percent setback requirement from the existing residential structures. Based on a tower height of 280 feet, a 350-foot setback is required. The proposed tower location will result in a setback from the existing dwellings ranging from a minimum of 208 feet to a maximum of 264 feet; therefore, the new tower will also not conform to the minimum setback required between a tower and residential structure. There is sufficient area within the existing easement to locate the proposed tower so that it could meet the 125 percent setback requirement or some distance between 100 percent and 125 percent of the tower height. Staff has discussed with the applicant the relocation of the tower a greater distance from the homes than what is currently proposed. That discussion included an explanation by the applicant of the considerable cost of relocating the support equipment and of coordinating the relocation of that equipment among the many tower users. Based on the fact that the proposed tower design has been certified by a professional engineer as meeting or exceeding the industry standards for such towers, as well as the fact that the existing tower is in such a state of disrepair that it needs to be replaced rather than repaired, staff finds that the proposed replacement of the existing tower with a new tower in a different location is reasonable, will have a minimal impact, and will be as appropriate to the district as is the existing nonconforming tower. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. The subject site and tower shall be developed substantially in accordance with the submitted plan CROWN CASTLE USA, INC. August 5, 2014 CITY COUNCIL HEARING Page 3 documents entitled "Zoning Drawings, Crown Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26, 2013 and prepared by FDH Engineering Innovation. Said plan documents have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. An eight-foot high solid wood fence, with Category I landscaping, meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed around the compound area. 3. The access road shall be gated and locked to prevent unauthorized use; additional drainage measures shall be employed, including a pipe under the access road; and the road's crush and run shall be repaired after construction. 4. The compound and the surrounding area shall be maintained free of debris. 5. The older equipment building shall be pressure washed and a section of fence with vinyl slats and landscaping meeting the City Landscape Screening and Buffering Specifications and Standards shall be installed to shield the building from view. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CROWN CASTLE USA, INC. August 5, 2014 CITY COUNCIL HEARING Page 4 ? ?? • AERIAL OF SITE LOCATION CRC August 5, 2014 C K?^ y z g°? ?• 4 ? 37?? . ;: ,?m,?r '•z °° ?B I I I ?¢ee ? ? ? 2 < ? ? ? ?a ? ? ? •- ? i [ ??tlWo:; ?p ? ? ? ? bP / / / ?o / ? :? ``?• ```• / ? , p ? ``? ` ti'Vr. ?! ? `??`-•. 44 ?/?;? ?'O? .k{?? ,k?.•.?? ,?• •`?^. August 5, 2014 C OVERALL SITE PLAN ?Page 6 P a . . ?S ?1?s?? OURyNR???N„?j .j ; ? i3?? ? =A?11111 , = 3 g•' ? ?' ? ? ? , 7 Y ? g A ?•.,-<. ..:-.?. ? ?-?--•-?-- ?-- ?-?-?-?-•-?-?-•-' ' a s ?ra . ' ` ' ?bg I ?? ?R rz ?pE . ' .:.•:'? ... . . ... . . .\ . ?•.a,u .. -: ?::•<:• '•'•.: ?. .: . . ' •:, ?'?:•:?.?. . ; • •.•.?:.. -J. "?'•ii ? 4 Sb :•? \ 1? I zo ' ? . ??? •.? ?d ( •?• ?4 EXISTING COMPOUND LAYOUT BEAc? CRC August 5, 2014 C Page 7 4 p ^}.},;... ?.. r ?`y F ouR'?Npt`Qe,?: 4 PROPOSED COMPOUND LAYOUT . ?, ?- ... . _ , August 5, 2014 CITY COUNCIL HEARING Page 8 ,:(C in ?,??N E 9?4 ?• ? ? 8 ? ? 16 a a ? e a ? 6;? ?• E•?-? ? ?. . a' b_ a .? a x ? ? @ , s ? t ? tlg •.o-.ai ww n.a auno- ? N Z N EXISTING AND PROPOSED TOWER ELEVATIONS y^ G???1H?,??Ac? ?.. .4,:??•,S'?-i???:?-?'_ s.. CRO August 5, 2014 CI CASTLE USA, INC. COUNCIL HEARING Page 9 ?F OUR NP" PRINCESS ANNE vlp F-12 Crown Castle USA, Inc. Ma Not to Scale o ? R15 ?? . AG 9 R15 ? •: ^ = ? ? ? -, R15* R15* - 5* -;r,- R15 • Zoning wlth Conditiom;iPmflers, Open Space Prwnotion Non-Conforming Use ZONING HISTORY # DATE REQUEST ACTION 1 12/13/1982 Conditional Use Permit communications tower A roved 08/20/1984 Conditional Use Permit communications tower A roved 07/11/1995 Modification to Conditional Use Permit (allow single-family homes in addition to a communications tower Approved 2 09/10/2002 Conditional Use Permit o en s ace romotion A roved 3 05/09/2000 Subdivision Variance minimum lot width A roved 4 12/12/1988 Conditional Use Permit o en s ace romotion A roved CROWN CASTLE USA, INC. August 5, 2014 CITY COUNCIL HEARING Page 10 ?.?=;? Y s LT'?F OUR..NAt"O_4 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach Iist if necessary) Crown Castle USA Inc. (See attached.) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Crown Castle Intemational Corp. (parent); list of affiliated business entities is attached. ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this section on/y if property owner is differsnt from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the ofricial or employee and the nature of their interest? DISCLOSURE STATEMENT CROWN CASTLE USA, INC. August 5, 2014 CITY COUNCIL MEARING Page 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) FDH, Geoline Surveying, Inc., LeClairRyan, Murphy Geomafics & Tower Engineering Professionals '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or co?rtrol between the business entities. Factors that should be considered in determining the existence of an afriliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or othervvise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certiry that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on fhe subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. SOS? C???/?? n?J Ap canYs Signature Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT CROWN CASTLE USA, INC. August 5, 2014 CITY COUNCIL HEARING Page 12 ?xu ? .« ..x y?• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Conversion of a Nonconforming Use on Property Located at 2565 Shore Drive (GPIN 15907109280000) and Owned by La Paz, L.L.C. COUNCIL DISTRICT - LYNNHAVEN. MEETING DATE: August 5, 2014 ¦ Background: The subject site is located within the Cape Henry subdivision. City tax records indicate that the structure was constructed in 1965. It is Staff's determination that the construction occurred prior to the area being rezoned from R-D2 Residential Duplex District to R-S4 Residential Suburban District on October 11, 1965. The R-S4 Residential Suburban District did not permit duplexes. The RS-4 District was reclassified as R-7.5 when the current Zoning Ordinance was adopted in 1988. The R-7.5 District also does not permit duplexes; therefore, the duplex is a legally nonconforming use. The applicant's request is to convert the current use of the site from one nonconforming duplex to use of the site for two single-family dwellings. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(e) of the City Zoning Ordinance states that "no nonconforming use shall be converted to another use which does not conform to this ordinance except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." Since the applicant is converting one nonconforming use to a different use, the applicant cannot proceed with development of the site as proposed unless the City Council authorizes the conversion. ¦ Considerations: In October, 2012, City Council approved an Alteration to a Nonconforming Use for the subject property. That approval was to add a second-story, provide exterior renovations to the structure, and bring the site into compliance with parking regulations. The applicant, in preparation for the construction work associated with the approved plans, discovered during further inspection of the existing structure, that the level of disrepair and deterioration would not support the proposed La Paz, L.L.C. Page 2 of 4 renovation plans. As a result, the applicant now proposes to redistribute the two dwellings units on the site by converting the current use of the site from one nonconforming duplex to use of the site for two single-family dwellings. The applicant's new proposal consists of demolition of the existing duplex and construction of two 35-foot high detached single-family dwelling units. The rear unit will have a footprint of 856 square feet in area, and the front unit will have a footprint of 906 square feet in area. Both units will have a front porch, one-car garage, and two permeable-paver parking spaces. Further details pertaining to the applicant's proposal are provided in the attached staff report. ¦ Recommendations: Staff finds, based upon its evaluation of the proposal, that the conversion of the current use of the site from one nonconforming duplex to use of the site for two single-family dwellings is more appropriate to the surrounding area of R-7.5 zoning than is the existing nonconformity. The proposed development will increase the amount of landscaped area on the site; improve the visibility for traffic at the intersection of Kendall Street and Shore Drive; meet many of the Shore Drive Design Guidelines; and conform to the setbacks currently required by the City Zoning Ordinance. The request, therefore, is recommended for approval subject to the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled, "CONCEPTUAL SITE PLAN EXHIBIT, LOT 4, BLOCK 13" as prepared by WPL and dated 04/07/2014. 2. With the exception of any modifications required by any of these conditions or as a result of site plan review, the structures shall be developed substantially in conformance with the submitted untitled and undated conceptual elevation included in this report as "PROPOSED NORTH ELEVATION." 3. As shown in the submitted conceptual elevation included in this report as, "PROPOSED NORTH ELEVATION," cementious fiber-board horizontal siding and shake, standing seam metal roofing, and brick shall be used as exterior materials. 4. All landscaping located within five feet of the front property line/right-of- way of Shore Drive shall be maintained in good health at all times and/or replaced if necessary with similar landscaping. The site shall meet the minimum landscaping requirements. All landscaping shall be approved by the City Landscape Architect of the Development Services Center. La Paz, L.L.C. Page 3 of 4 5. A final occupancy permit shall not be issued until all proposed and necessary improvements have been made. ¦ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manager. ? O p ? O ? 1 ? o? . ?• 3 F4 ?C y ? ?o ? a ?y n A 'D a ? 0 0 ? z 0 ? ? n 0 ? 0 3 ?a CZ (b z 2 ? m Z LYNNHAVEN '?w ?++? ?^?++?+??^. ? Sv«'• ^?wb^ Non-Conforming Use sn - sbo.. aw. a.e.r STAFF PLANNER: Kristine Gay REQUEST: Conversion of a Nonconformin Use ADDRESS / DESCRIPTION: 2565 Shore Drive August 5, 2014 City Council Hearing APPLICANT: LA PAZ, L. L. C. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 15907109280000 LYNNHAVEN 6,000 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The subject site is located within the Cape Hendry subdivision. City tax records indicate that the building on the site was constructed in 1965, and it has been determined by staff that the construction occurred prior to the area being rezoned from R-D2 Residential Duplex District to R-S4 Residential Suburban District on October 11, 1965. The R-S4 Residential Suburban District did not permit duplexes. In 1988, with the adoption of the current Zoning Ordinance, the RS-4 District was reclassified as R-7.5; however, duplex dwellings were still prohibited by the R-7.5 District. Since the R-7.5 District does not permit duplexes, the existing duplex is a legally nonconforming use. The applicanYs request is to convert the current use of the site from one nonconforming duplex to use of the site for two single-family dwellings. The existing structure is one-story in height, constructed of block, and has a flat roof. A screened front porch provides access to the existing units. Raised block planting beds are located in the front of the porch and encroach into the front setback required by Section 502 of the City Zoning Ordinance. For means of access and parking, gravel surrounds the existing structure to the north, west, and south. When vehicles are parked perpendicular to the front of the structure, they protrude into the bikeway portion of the improved right-of-way of Shore Drive, resulting in a hazardous situation. LA PAZ, L.L.C. AUGUST 5, 2014 CITY COUNCIL HEARING Page 1 In October, 2012, City Council approved an Alteration to a Nonconforming Use for the subject property. That approval was to add a second-story to the existing structure, provide exterior renovations to the structure, and bring the site into compliance with parking regulations. For reference, the site plan approved at that time is included at the end of the report. In preparation for the construction work allowed by the 2012 approval, the applicant discovered during further inspection of the existing structure, that the level of disrepair and deterioration would not support the proposed renovation plans. As a result, the applicant now proposes to redistribute the two dwellings units on the site by converting the current use of the site from one nonconforming duplex to use of the site for two single-family dwellings. The new proposal consists of demolition of the existing duplex and construction of two 35-foot high detached single-family dwelling units. The rear unit will have a footprint of 856 square feet in area, and the front unit will have a footprint of 906 square feet in area. Both units will have a front porch, one-car garage, and two permeable-paver parking spaces. Both units will have a contemporary craftsman fagade that incorporate centered finro-over-two windows, decorative brackets, standing seam metal roofing, an embossed panel garage door with decorative hardware, cement-fiber siding and shake, a brick building- skirt, and square porch posts. To the west of the units will be a shared driveway, which will provide access to and from the site. The applicant is proposing to use permeable pavers and driveway runners to limit the amount of pervious surface on the site. Along the front lot line, adjacent and parallel to Shore Drive, the applicant is proposing low ornamental and evergreen landscaping to ensure that residents park parallel to the front of the dwelling as shown on the site plan instead of parking perpendicular to Shore Drive, which is the current practice. LAND USE EXISTING LAND USE: Nonconforming Duplex SURROUNDING LAND North: • Shore Drive USE AND ZONING: . Single-family and Duplex Dwellings / R-5R Residential Resort District South: . Single-family Dwellings / R-7.5 Residential District East: . Landscaped and open area associated with dwelling to south / R-7.5 Residential District West: . Single-family Dwellings / R-7.5 Residential District IMPACT ON CITY SERVICES WATER: This site is connected to City water. There is a 10-inch City water line in Shore Drive. LA PAZ, L.L.C. AUGUST 5, 2014 CITY COUNCIL HEARING Page 2 SEWER: This site is currently connected to City sanitary sewer. EVALUATION AND RECOMMENDATION Section 105(e) of the City Zoning Ordinance states that "no nonconforming use shall be converted to another use which does not conform to this ordinance except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." As currently developed, the site does not meet the front setback for a duplex dwelling. The table below shows first, the existing setbacks for the nonconforming duplex, and then second, the setbacks required for single-family dwellings in the R-7.5 District, and finally, the yard setbacks that are being proposed with the proposed development of the finro single-family dwellings. Setbacks Front Side (East) Side (V1Fest) Rear Existing (Duplex) 20' 5.7' 12.3' 40.4' Required for Single-Family Dwellin 30' 5' 10' 20' PrOpOS2d 30' (conforms) 5' (conforms) 14' (conforms) 20' (conforms) As shown in the aerials and site survey included in this report, the site is currently primarily covered by the 1,570 square-foot footprint of the existing structure and 3,780 square feet of gravel used for parking and access. There is approximately 520 square feet of ornamental grasses and evergreen shrubs. The proposed site plan includes 1,680 square feet of lawn and landscaped areas, including 3 medium canopy trees. Instead of the existing gravel, the proposed site plan includes 1,320 square feet of concrete and 1,020 square feet of pervious pavers for accessing the site and parking. These figures are compared in the table below. While the total footprint area of the legally nonconforming use will increase, the amount of area used for accessing and parking on the site will decrease by 1,440 square feet and will be comprised of more appropriate and sustainable materials; further, the landscaped area will more than triple and will meet the canopy requirement. Coverage Type Existing Proposed Landscaping 520 square feet 1,680 square feet Site access and parking 3,780 square feet (gravel) 2,340 square feet total 1,320 square feet (concrete) 1,020 square feet (permeable paver) Building Footprint 1,570 square feet 1,762 square feet The applicant has specifically proposed low-level grasses and shrubs between the right-of-way of Shore Drive and the driveway for the front unit for the purpose of clearly designating where vehicles are to be parked. Staff believes the low landscaping will improve the view for drivers exiting Kendall Street by ensuring vehicles accessing the subject site are parked completely out of the right-of-way of Shore Drive. LA PAZ, L.L.C. AUGUST 5, 2014 CIN COUNCIL HEARING Page 3 The proposed units are in keeping with the Shore Drive Design Guidelines by having a clearly defined front porch entrance; using a standing-seam metal roof accent to differentiate befinreen the first and second stories; incorporating a roof pitch between 6:12 and 10:12; including decorative craftsman style accents; and having multiple raised roof areas. Staff finds, based upon its evaluation of the proposal, that the conversion of the current use of the site from one nonconforming duplex to use of the site for two single-family dwellings is more appropriate to the surrounding area of R-7.5 zoning than is the existing nonconformity. The proposed development will increase the amount of landscaped area on the site; improve the visibility for traffic at the intersection of Kendall Street and Shore Drive; meet many of the Shore Drive Design Guidelines; and conform to the setbacks currently required by the City Zoning Ordinance. Conforming to the setbacks required by the Zoning Ordinance for single-family dwellings in important, particularly when Section 105(e) states that when "any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient." The proposed development does, in this regard, conform to the regulations of the R-7.5 District. The request, therefore, is recommended for approval subject to the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled, "CONCEPTUAL SITE PLAN EXHIBIT, LOT 4, BLOCK 13" as prepared by WPL and dated 04/07/2014. 2. With the exception of any modifications required by any of these conditions or as a result of site plan review, the structures shall be developed substantially in conformance with the submitted untitled and undated conceptual elevation included in this report as "PROPOSED NORTH ELEVATION". 3. As shown in the submitted conceptual elevation included in this report as, "PROPOSED NORTH ELEVATION," cementious fiber-board horizontal siding and shake, standing seam metal roofing, and brick shall be used as exterior materials. 4. All landscaping located within five feet of the front property line/right-of-way of Shore Drive shall be maintained in good health at all times and/or replaced if necessary with similar landscaping. The site shall meet the minimum landscaping requirements. All landscaping shall be approved by the City Landscape Architect of the Development Services Center. 5. A final occupancy permit shall not be issued until all proposed and necessary improvements have been made. LA PAZ, L.L.C. AUGUST 5, 2014 CITY COUNCIL HEARING Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LA RAZ, L.L.C. AUGUST 5, 2014 CITY COUNCIL' HEARING Page 5 . ? . ? AERIAL OF SITE LOCATION < LA PAZ, AUGUST 5, 2014 CITY COUNCIL HEA F ???F oURNAt?p 4 l 8/19/11 4 9? SUR??? ? ? PIN (F) 0.3' PIN (F) 50.00, ro KENDALL ST. 7 6z N?,? pz?,A Cp??` N b Mv e'c. L EXISTING CONDITIONS ; - PIN (F) AUGUST 5, 2014 Page 9 ? S! ? l- \A/ (5 -r ( t1? (-^, •r<I n1 f) I 7 7rl nl 77&0N klfjA li?veyaY ? SEMIG 1N4R TiIlL" ? ? . RC) LO t.POp{ ? A 1NFw : RvYF 5 ? ? ? ? ? a EXISTfIYG BUILDING TO ? REAAAIN ? ?•,? ?r? ? ----?-----j 1 se ? i e I __ ? i ? b ? PREVIOUSLY APPROVED (2012) SITE PLAN .? aV??... .., .. w. --/.> ? . SfTE DATA 7 ?. '?P= •. 7922 i0494L P. '.5 i 'TA c, Si--. S.:U7 ;?. F. C? ..12E ?:flE'. . .IY'RL7CUi ML'•: !- 4 =o,r-m_,:vux avu: i , . e x:'s2EF;reu+. rin:c • I iR Wptl:: P;J:C_Cs a( LOT-5 wlh: 159J ' 19}12 (W-l' E!:0< 138, IM=E 21} N \ \ N!F PARCEL 'B' CF:!a 1590 ;2 Cuc;M.9' BJ.K 73E, P%SE 21) ? 50' 70 PI OF K£NA4GL 57N£A ,xnz nooa i, Psce VIRGIMA BEA( DLCLUSIYELY Fos eia-oiav AUGUST 5, 2014 ? r ?i. n :vP4? i ,.ua' cau:s ? 2 !/2-SiG.Rr' ` 2c aV I l?l?G?F? I 'l !!'NY ? .r+7.1Ah- I nwt._?NC ? ? ? [' I =nl",Ni_°£` ' ? cx•.errr.? _tv:WM.AY I. . . . rJra - - ' . 12.0 f ?. . ' . $ R ? ra;r LOT-S . 4 L•I:',: 1587-7._091. t I ? ;q.P F.'.•)K 1'SA. PY`:F ?1; n f ? ?? 'i. . ..L:':.K•Y.5 r erls'»r w e¢aoI ? SHORE DRlVE (unaa.atE Hrora R/w) (K4P bOOK 138, PAGf 21) PI.AN ?Pf PROPOSED SITE PLAN LA PAZ, L. L.I CITY COUNCIL HEARIN Page F 0-U PROPOSED NORTH ELEVATION LA P AZ, L.L.( AUGUST 5, 2014 CIN COUNCIL HEARIN, Page 1 ? ? .. ?uF OURY N0.t"0 n.f Materials to be masonry foundation wall, and Hardieplank, cementious siding (or equal) Color to be Harris Cream JH10-30 and Boothbay BIueJH70-20 (or similar) Hartls Cream gppryfty gyu JH80-10 J{O-20 CONCEPT IMAGE LA P AZ L.L.( AUGUST 5, 2014 CITY COUNCIL , HEARW, Page 1 ?'*S CONCEPT IMAGE LA PAZ, L.L.( AUGUST 5, 2014 CITY COUNCIL HEARIN, Page 1 ?.M *hC ??.S . .. . .u LYNNHAVEN V'Iapor1-2 Ma T S `tl P?jZ, L.L.C. :,a;e ?.r+ R P1 . V \ ° 0 - - F? f ?? f First Landing State Park , P1 ? ` _ _ [ A 'S • / _ / i 7k R7.5 R1t3 'Zoning with CanditionsiPio/%rs, Open Space Promotion Non-Conformi»g Use SD = Sbore Drive Overlay ZONING HISTORY # DATE REQUEST ACTION 1 01/24/2012 Alteration to a nonconformin use Granted 2 04/10/2007 Alteration to a nonconformin use Granted N LA PAZ, L.L.( AUGUST 5, 2014 CITY COUNCIL H EARIN , 9 Page 1 OF o l._N s ON`, ?.. UR pt \ APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) La Paz LLC - W Chris Wood, Sole member 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach list if necessary) Applicant is employed by JD&W, Inc, a local contractor ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis section only if property owner is differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the prope?ty owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list rf necessary) F? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No 1-1 If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT LA PAZ, L.L.C. AUGUST 5, 2014 CITY COUNCIL HEARING Page 14 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) WPL Site Design - Eric Gamer '"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entiry, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Lacal Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned alsp)consents to enVy upon the subject property by employees of the Department of Planning to potJSgraph and view the site for purposes of processing and evaluating this application. W ApplicanYs Signature Print Name Property Owner's Signature (if different than applicant) Print Name M ? ? M ? ? ? . h ? M ` ? ? ? ? H 0 ? ? F 0 ? H 0 ? ? ? ? L H o low IN DISCLOSURE STATEMENT LA PAZ, L.L.C. AUGUST 5, 2014 CITY COUNCIL HEARING Page 15 1 A RESOLUTION AUTHORIZING THE 2 CONVERSION OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 2565 SHORE 4 DRIVE 5 6 WHEREAS, La Paz, LLC (hereinafter the "Applicant") has made application to 7 the City Council for authorization for the conversion of a nonconforming duplex use 8 located at 2565 Shore Drive in the R-7.5 Residential Zoning District to two (2) single- 9 family dwellings on the parcel; and 10 11 WHEREAS, there is currently a duplex on the parcel, which is nonconforming, as 12 it was constructed prior to the property being rezoned to R-7.5, where a duplex is not 13 allowed. This nonconforming use is being replaced by two (2) single-family dwellings; 14 and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 conversion of a nonconforming use is unlawful in the absence of a resolution of the City 18 Council authorizing such action upon a finding that the proposed use, as converted, will 19 be equally appropriate or more appropriate to the zoning district than is the existing use; 20 and 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the conversion to two (2) single-family 26 dwellings will be equally appropriate to the district as is the existing nonconforming 27 duplex use under the conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the conversion of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. With the exception of any modifications required by any of these 36 conditions or as a result of site plan review, the site shall be developed 37 substantially in conformance with the submitted site plan entitled, 38 "CONCEPTUAL SITE PLAN EXHIBIT, LOT 4, BLOCK 13" as prepared by 39 WPL and dated 04/07/2014. 40 41 2. With the exception of any modifications required by any of these 42 conditions or as a result of site plan review, the structures shall be 43 developed substantially in conformance with the submitted untitled and 44 undated conceptual elevation included in this report as "PROPOSED 45 NORTH ELEVATION." 46 47 3. As shown in the submitted conceptual elevation included in this report as, 48 "PROPOSED NORTH ELEVATION," cementious fiber-board horizontal 49 siding and shake, standing seam metal roofing, and brick shall be used as 50 exterior materials. 51 52 4. All landscaping located within five feet of the front property line/right-of- 53 way of Shore Drive shall be maintained in good health at all times and/or 54 replaced if necessary with similar landscaping. The site shall meet the 55 minimum landscaping requirements. All landscaping shall be approved by 56 the City Landscape Architect of the Development Services Center. 57 58 5. A final occupancy permit shall not be issued until all proposed and 59 necessary improvements have been made. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of )2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , ?.. , L/ LO4 Planni partment City At orney's Office CA12932 R-1 July 25, 2014 2 -, SvG? U.?cHi ?o . > tC'?? J J ! i +•, CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: MARY MEYER (Applicant & Owner), Conditional Use Permit for Home- Based Wildlife Rehabilitation. 547 Susan Constant Drive (GPIN 2419318651). COUNCIL DISTRICT - LYNNHAVEN. MEETING DATE: August 5, 2014 ¦ Background: The applicant requests a Conditional Use Permit to allow continued use of the site as a Home-Based Wildlife Rehabilitation center. The applicant has been operating as a Home-Based Wildlife Rehabilitation center, and was notified by a Zoning Inspector of the need for a Conditional Use Permit. On July 8, due to a family medical emergency and the need of the applicant to travel to be with the family member, the applicant requested a deferral of this application. The City Council granted a deferral to the August 5 meeting. ¦ Considerations: During the past several days, the family member has passed away as a result of the medical condition. As a result, the applicant has requested a continued deferral to prepare for the memorial service and funeral, which will occur on August 9. Due to the reason for the applicant's request for deferral, the District Councilmember has agreed to a deferral to the August 19 City Council meeting. On July 28, the applicant returned to the city for the purpose of presenting an application she submitted to the Chesapeake Bay Preservation Board for a 10'x10' shed adjacent to the rear of the house. The shed is used to house the animals that are being rehabilitated. The shed, however, is located within the landward 50 feet of the Resource Protection Area, and Board approval is required if the shed is to remain in place. After hearing the presentations from the applicant and the public, the Board unanimously voted to deny the application. Due to applicant's family issues and the need to relocate the remaining animals being rehabilitated, the Board granted the applicant 60 days for removal of the shed. Section 111(c) of the Chesapeake Bay Preservation Area Ordinance provides the applicant 30 days from the date of decision to appeal the Board's decision to the Circuit Court. As of the date of this report, the applicant has not officially appealed the decision. MARY MEYER Page2of2 ¦ Recommendations: Deferral of the application to the August 19 City Council meeting is recommended. ¦ Attachments: Location Map Recommended Action: Deferral to August 19 Submitting Department/Agency: Planning Department City Manager: k ??? ? O w w .?, ? ? •C ? t ? ? ? ? a ? ? ? ? U ? x z Z ? c 0 .. 0 E Q a d ? ? a ? c d oa ? w ? ? ? N C v ? Q V w 3 C "C H r 4 ?? Jr Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH / S.L NUSBAUM, Conditional Use Permit (Drive- through associated with a drugstore). Northwest corner of Princess Anne Road and S. Witchduck Road (GPIN 1466783845). KEMPSVILLE DISTRICT. MEETING DATE: August 5, 2014 ¦ Background: The applicants request a Conditional Use Permit for a drive-through facility associated with a drugstore. The drive-through will be located on the rear (west) side of a pharmacy-retail store that is proposed as part of the redevelopment of this 2.1-acre site. On March 25, the City Council deferred this item at the request of staff, as the Agreement for S.L. Nusbaum's purchase of the property was still being negotiated. ¦ Considerations: Since the time of the March 25 deferral, negotiation of the terms of the Purchase Agreement continued, and the August 5 City Council meeting was set as the date for City Council's consideration of both the Use Permit application and the purchase. Accordingly, the Use Permit was advertised for public hearing; however, the terms for the sale of the property remain under negotiation. ¦ Recommendations: An indefinite deferral of this application is recommended. The Use Permit request will be advertised for public hearing upon the finalization of the terms of the Purchase Agreement. ¦ Attachments: Location Map Recommended Action: Indefinite Deferral Submitting Department/Agency: Planning Department / City Manager: Y , -Z? L W J J ? ? ? ? 2 W ? 4 v.y ? ? O ? ? ? ? v 0 H ? Q Z ? a ? 4 L ? i j V ? 0 .? ? 0 E P a d ? ? ?a C ? O0. ? ? ? P ? ? a ? ? 0 u 3 a? C C' N L. APPOINTMENTS CHESAPEAKE BAY PRESERVATION BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS l. CANCEL and RESCHEDULE CITY COLJNCIL SESSIONS re: a. GENERAL AND COUNCILMANIC ELECTIONS - NOVEMBER 4, 2014 b. NATIONAL HOLIDAY - NOVEMBER 11, 2014 0. 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 8/5/14 st CITY COIINCIL RETREAT Moizday, September 8, 2014 Economic Development Office Suite 700 4525 Main Street (Corner of Columbus 8c Main Streets) Town Center CITYCODNCIL MEETINGSRESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6:00 PM 2014 CITYHOLIDAYS / rrbor Du1, - ,ilandrr)>, Septetrxher 1 beterrtti.s i)t{P - Tuesrirrv, A"urcrnher 11 ?'Itunksgii?irt, D?r?' Itrit! Duy nfter 7hartk,s?,rrvira"; - Tlitrrsrlr{i', ;1'ravember 317 rlrtti Friclrry< ?Noventher 28 Christmas Eve (hnlf-rtny) - i['erlrtesduY, 1)ecctrther 24 C{tristireas t)rrv - %hursclt{r, UecerrzGer 25 ?• _?? no ? OF DUR NA1%111''-j RUTH HODGES FRASER, MMC CITY CLERK PHONE (757) 385-4303 • FAX (757) 385-5669 VBgOV.C0111 CITY HALL • BLDG. 1, STE. 281 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 5 August 2014 HONORABLE MAYOR MEMBERS OF CITY COUNCIL In accordance with the City Code and scheduled meetings of the governing body, your action is necessary to change any meeting schedule: November 4, 2014, is Election Day [First Tuesday Formal Session] and November 11, 2014, is a national Holiday [Second Tuesday Workshop] Also, in accordance with the City Code, the Formal Sessions of City Council are to be held in December on the First and Second Tuesdays [December 2 and 9, 2014]. Please check your calendars and advise your pleasure so we can schedule action on your Agenda to reschedule the subject Formal Session and plan for the Workshop in the month of November 2014. Respectfully, ('s,?--- City of Virginia, B each Cc: City Manager Ruth Hodges Fraser, MMC City Attorney ClTY OF VLRG/NIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 07/08/2014 PAGE: 1 S- H S AGENDA H M A E W 1TF_M # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D 1. BR[EFINGS A. DOMINION VIRGINIA POWER C. Max OFFSHORE ENERGY Bartholomew, Jr., Area Manager, Dominion Virginia Power B. 2009 COMPREHENSIVE PLAN C Jack Whitney, PROJECT KICKOFF/REVIEW/UPDATE Director - Planning C. ARENA INFRASTRUCTURE Doug Smith, Deputy City Manager 11/II1/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y E SESSION A F MINUTES - July 1, 2014 APPROVED 10-0 Y Y Y Y Y B Y Y Y Y 1' T A I N E D 6/11-I MAYOR'S PRESENTATIONS "VIRGINIA BEACH CNIC DAY" Nancy Marscheider JI Visa Work and Travel Program International Students 1-I . Ordinance to AMEND Sect 2-452.1 ofCity ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re Chesapeake Bay Preservation CONSENT .4rea Board 2. Ordinance to ACCEPT/ APPROPRIATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $30,000 from Boys Baseball of Lynnhaven CONSENT Inc re improvements to Lynnhaven Baseball Complex 3. Resolution to AUTHORIZE/ EXECUTE a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y MOA ESTABLISHING the Hampton CONSENT Roads Regional Water Quality Monitoring Program 4. Ordinance to AUTHORIZE temporary ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portions oY City CONSENT Property known as Lake Joyce for MEADE A./StiSAN FOWLKES DISTRICT 4 - BAYSIDE C/TY OF' VIRGLNIA BEACH S(IMMARP OF COUNCIL ACTIONS R O S DnTE: 07/08/2014 PAGE: 2 S- H S AGENDA H M A E W 11'13M # SUBJECT MOTION VOTE g J A M S U 1 D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D 5. Ordinance to TRANSFER funds to the FY ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y 1' 2014-15 Schools Operating Budget to CONSENT provide a 3% salary increase a.. $594,500 to the Instruction Classitication b. $58,000 to the Operations Classification c. $29,000 to the Transportation Classification d. $21,750 to the Administration, Attendance and Health Classification e. $21,750 to the Technology Classification CROWN CASTLE USA, INC. DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y relocation of a Nonconforming Structure 8/5/14, BY re a communication tower at Meadow CONSENT Ridge Lane DISTRICT 7 - PRINCESS ANNE 2. TERRY COMPANIES FIVE, LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP re multifamily dwellings at Ocean CONDITIONED, BY Shore Avenue CONSENT DISTRICT 5 - LYNNHAVEN 3. MARY MEYER for a CUP home-based DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y `( wildlife rehabilitation at 547 Susan 8/5/14, BY Constant Drive CONSENT DISTRIC"C 5 - LYNNHAVEN 4. VIRGINIA BEACH DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y HORSEBACK/CHARLIE/ ROSEMARY THOMPSON CUP re horses for hire at 1117 Horn Point Road DISTRICT 7 - PRINCESS ANNE 5. FRANKLIN JOHNSTON GROUP APPROVED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y MANAGEMENT DEVELOPMENT, PROFFERED LLC /TRUSTEES OF FIRST L1'NNHAVEN BAPTIST CHURCH for a COZ from AG-1 to Conditional A- 18 re multi-family dwellings at 2673 Princess Anne Road DISTRICT 7 - PRINCESS ANNE CITY OF VIRGlNIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 07/08/2014 PAGE: 3 S- H S AGENDA H M A E W l"fl:M # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D A -- s K. APPOINTMENTS s Appointed: 4 year T DEVELOPMENT AUTHORITY term - 09/01/2014 - 10-0 Y Y Y Y Y Y Y A 1 Y Y Y 08/31/2018 N Stephen McNulty E D WETLANDS BOARD Reappointed: 5-year 1 1-0 Y Y Y Y Y Y Y Y Y Y Y term - 10/1/14- 9/30/19 Nils Bahringer L/M/N ADJOURNMENT 6:19 PM I L-- CITY COUNCIL RETREAT Monday, Septen:ber 8, 2014 Ecotiomic Development Office Suite 700 4525 Main Street (Corner of Co[umbus & Maii: Streets) Towu Center CLTY OF VIRGINIA BEACH SUMMAR l" OF CO(INCIL ACTIONS R O S DATE. 07/08/2014 PAGE: 4 S- H S AGENDA H M A E W I"fGM # SUBJECT MOTION VOTE g J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D C/TY COUNCIL MEETlNGS RESCHEDULED EFFECTIVE: JUNE 1, 2074 FIRST/7FIIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE CRCnNn/Fn/IRTNTI/F..CnQY.Cr WnRK.CNnP,C-4r00-/r00 PM 2014 CITYHOLIDAYS tnrlcpeudrnre Dqv - Frid?ir, Jutt' 4 Labor Uqi' - it9nada{i'. Septerniier 1 i'r[erans lJav - lne.rtta)', N'ur•ember 1 / Thael,?s{n?ir?y DaiY «nJ Dav after Thrrnk,s;;iviug-. Tlturcdnr. :Vo roxher -17 urrd f7 rduv, .VocenRber 28 thrislnrrrs 1?ve /hnlf=rlt?vl - Ii"(lihrrsdqr, t)ecelnber 24 Chris7mns DaF' - Thrrrsdat', Derrrniier 25