The URL can be used to link to this page

AUGUST 5, 2014 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne -District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D.MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR- LYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 5 August 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Crycncl@vbgov.com I. 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 II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL RECESS TO CLOSED SESSION 4:30 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Assistant Pastor Trinity Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS July 8, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION — ImprovingBirth.Org Karysa Trombley, Rally Coordinator 2. Sister Cities International "Best Overall Award" I. PUBLIC HEARINGS 1. ACQUISITION BY AGREEMENT OR CONDEMNATION Pacific Avenue Improvements (additional hearing scheduled August 19, 2014) 2. LEASE OF CITY -OWNED PROPERTY 302 22nd Street Atlantic Avenue and 3rd Street 3. TRANSFER OF CITY PROPERTY Northampton Boulevard at Little Creek Reservoir and Lake Smith J. ORDINANCES Ordinance to AMEND §2-468 of the City Code to clarify the scope of "Right to Audit Clauses" in City Contracts Ordinances to AUTHORIZE leases of City property: a. Integrated Management Group (Beach Events) at 302 22nd Street b. Ice Masters re an ice skating rink at 3rd Street and Atlantic Avenue 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 K. PLANNING 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 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 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 L. APPOINTMENTS CHESAPEAKE BAY PRESERVATION BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. CANCEL and RESCHEDULE CITY COUNCIL SESSIONS re: a. GENERAL AND COUNCILMANIC ELECTIONS - NOVEMBER 4, 2014 b. NATIONAL HOLIDAY — NOVEMBER 11, 2014 O. ADJOURNMENT 8/5/14 st ***************************** 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 CITY COUNCIL RETREAT Monday, September 8, 2014 Economic Development Office Suite 700 4525 Main Street (Corner of Columbus & Main Streets) Town Center CITY COUNCIL MEETINGS RESCHEDULED 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 CITY HOLIDAYS Labor Day - Monday, September 1 Ileterans Day - Tuesday. November 11 Thanksgiving Day and Day ufter Thanksgiving — Thurstho,, November 27 and Friday. November 28 Christmas Eve (half-day) - Wedneskr, December 24 Christnws Day - Thursday, December 25 I -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 5, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, August 5, 2014, at 4:30 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None August 5, 2014 -2 - CITY MANAGER'S BRIEFING BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD ITEM #64019 4:30 P.M. Manor Sessoms welcomed Andrew Friedman — Director, Housing and Neighborhood Preservation. Mr. Friedman expressed his appreciation to City Council for their continued support of the BEACH Community Partnership: Mr. Friedman introduced Angela Kellam, Vice -Chair of BEACH Community Partnership. Ms. Kellam advised this organization is composed of a diverse group of stakeholders concerned about homelessness: PURPOSE OF BRIEFING • To provide City Council with an update on and understanding of the BEACH Partnership and its Governing Board • To provide an opportunity to discuss Council's relationship to the Board • To highlight other groups related to the Board VIRGINIA BEACH& HOUSING NEIGHBORHOOD PRESERVATION SACH Bringing an End to All City Homelessness August 5, 2014 -3 - CITY MANAGER'S BRIEFING BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD ITEM #64019 (Continued) The group's Mission Statement is: "BEACH Community Partnership: This is our city, they are our homeless, and this is our shared responsibility." The goal is to work together to ensure homelessness is rare, brief and non-recurring! BEACH Community Partnership: This is our city, they are our homeless, and this is our shared responsibility. Homelessness should be rare, brief, and non-recurring! The group has been working together since 2009 and has approximately 20-30 members at each monthly meeting: BACKGROUND BEACH (Bringing an End to All City Homelessness) Community Partnership was formed spontaneously in 2009 as a result of faith community interest in working more closely with the city and non -profits to address homelessness BEACH is now a coalition of faith, non-profit and government agencies who meet monthly, have subcommittees and special projects underway BEACH has approximately 20-30 members that meet monthly. Multiple subcommittees do ongoing work, provide reports and/or request support and funding. Ms. Kellam expressed her appreciation to City Council for their continued support. August 5, 2014 -4 - CITY MANAGER'S BRIEFING BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD ITEM #64019 (Continued) Mr. Friedman advised the group has adopted an Organizational Structure and, as such, the reason for today's presentation: ORGANIZATIONAL STRUCTURE mettabersa any community member who shares the goal of ending homelessness including homeless and formerly homeless individuals - Organizational Members: Currently over 20 organizations are participating, including Federal Agencies (VA Medical Center); at least ten non-profit organizations; VB City Public Schools; at least 7 different faith organizations - Committees: Family homelessness — created a pilot family shelter program that successfully sheltered 7 families at participating churches; service coordination committee — created involvement of additional faith groups; started Charity Tracker - ,Governing .=d: consists of elected ani pointed reps; makesall organizational decisions/commitments Below are the group's Key Projects: KEY PROJECTS ._[ - software that enables churches to solicit, document and track assistance to people in need. Currently, approximately 40 churches participate; over $ 1 million in assistance has been documented since its original use. Funded by BEACH donation funding and user fees. r ; — started in late May with BEACH donation funding. Churches, non -profits and VBCPS Project Hope successfully sheltered 7 families this summer and helped return all of them to more stable living situations. August 5, 2014 -5 - CITY MANAGER'S BRIEFING BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD ITEM #64019 (Continued) Due to Federal requirements, a decision making "governing board" was created. Consisting of elected and appointed representatives of all key sectors of the community: GOVERNING BOARD Due to Federal requirements, a decision-making "governing board" was created by action of the BEACH partnership. It consists of elected and appointed representatives of all key sectors of the community. Excerpt from Federal Regulations: 24CFR578.5- Establishing and Operating a Continuum of Care Representatives from relevant organizations within a geographic area shall establish a Continuum of Care The Continuum must establish a board to act on (its) behalf This must be accomplished by August 30, 2014 Below are the responsibilities of the Governing Board: GOVERNING BOARD This governing board will be responsible for approving unified community applications for Federal and state funding (currently about $1.6 million annually), as well as making recommendations on uses of city -controlled funding for homelessness Staff has sought and continues to seek the Governing Board's guidance on use of available city funds for homelessness August S, 2014 -6 - CITY MANAGER'S BRIEFING BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD ITEM #64(119 (Continued) Below is the Structure of the Governing Board: GOVERNING BOARD STRUCTURE liooIs tati 4 4 2 1 2 — Appointed by CoC Agencies 2- Elected by General Membership Appointed by City Manager or designee Elected by General Membership Appointed by Superintendent or designee Invited by the Governing Board 2 Nominated by service providers and elected by the Governing Board 1 15 Appointed by the Mayor Below is the membership listing for the Governing Board: GOVERNING BOARD MEMBERSHIP bli eat Ta 0 v Sharon Shoff, VBCDC Stacie Walls-Beegle, Access Aids Angela Kellam, Samaritan House Todd Walker, Judeo-Christian Outreach Center Dannette Smith, Director, Human Services Heidi Kulberg, Director, Health Tony Zucaro, Deputy Chief, Police Andrew Friedman, Director, Housing & NP Tim McCarthy Teresa Stanley Gay Thomas, Office of School Social Work Julie Dixon, the Planning Council 1) Mr. Claude Henry 2) To be selected Ray Bjorkman, Lead Pastor Beach Fellowship August 5, 2014. II I -7- CITY MANAGER'S BRIEFING BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD ITEM #64019 (Continued) ADDITIONAL CONTEXT Staff has treated the BEACH Partnership "as if" it were the de - facto city advisory board for homelessness issues • BEACH provided the input on use of the special Council appropriation for homelessness in 2010 • BEACH participated in briefing Council regarding the replacement of the Lighthouse Center and the "campus concept" that became the Housing Resource Center • BEACH was deeply involved in the development of the Strategic Plan, and voted to recommend its adoption by Council prior to Council vote in 2013 It is important to note: the City is not the main provider for services, as Churches and Non -Profit Groups are the main providers: CONSIDERATIONS The BEACH Partnership is currently "the place" where people who are interested in addressing homeless go to participate in the conversation • The addition of a formal governing board with diverse representation helps insure consistency and diversity in consideration of issues • The varied knowledge and expertise of the participants provides depth and experience in the consideration of issues • Homelessness in fact is being addressed by the community. BEACH is a vehicle by which this can happen and in some ways is already happening • BEACH can provide community input and feedback on how our efforts are progressing August S, 2014 -8 - CITY MANAGER'S BRIEFING BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD ITEM #64019 (Continued) COMMUNITY SUPPORT & ADVISORY COMMITTEE A "Community Support and Advisory Committee" (CSAC) for the Housing Resource Center and homelessness issues will be created as a subcommittee of the BEACH Community Partnership • This group would consist of interested civic, faith, neighborhood and business representatives who will help support and have input on the operation of the Housing Resource Center • The CSAC would have liaison membership to the governing board and provide ongoing input to the Governing board and staff. BEACH Community Partnership will create an Incorporated Non -Profit to support fundraising efforts: INCORPORATED NON-PROFIT An Incorporated Non -Profit (501(c)(3) will be created as the vehicle to support the fund raising effort for the Housing Resource Center. • It is expected that this non-profit will be the same entity as the BEACH Governing board. • Community fundraising efforts have begun. August 5, 2014 -9 - CITY MANAGER'S BRIEFING BEACH COMMUNITY PARTNERSHIP GOVERNING BOARD ITEM #64019 (Continued) The group is requesting City Council recognize BEACH Community Partnership as a Council Advisory Board and appoint Liaison(s): RECOMMENDATIONS The BEACH Governing Board and City staff recommend the following: • City Council recognize the BEACH Community Partnership as the Council Advisory Body on Homelessness Issues and on the implementation of the Strategic Plan to End Homelessness • City Council appoint a liaison or liaison(s) to the BEACH Governing Board • City Council request an annual report from the Board on all its activities. Mayor Sessoms expressed his appreciation to everyone working on this effort and advised he would like to serve as the Liaison: Thank you! Council questions and direction. %'\Global Hiles\BEACH Community Partnership \2014 BEACH \2014-Presentations\20140]22,HNP,BEACH{C-brieling.govboard-uptlatetl pp Mayor Sessoms expressed his appreciation to everyone working on this exciting project. August 5, 2014 -10 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 4:43 P.M. Mayor Sessoms welcomed Jack Whitney, Director — Planning Department. Mr. Whitney expressed his appreciation to City Council for their continued support: Ten (10) items to be considered on August 19m : • Home Associates (Rezoning [Def. 2/25/14] / PRINCESS ANNE) Northampton Executive Center (Rezoning [Def. 4/8/14] / BAYSIDE) Breeden Investment (Rezoning /BAYSIDE) • Princessboro (Rezoning / PRINCESS ANNE) • One Shot Tattoo (Use Permit / BAYSIDE) • City of Virginia Beach (Amendments Related to the Public Works Design Standards Manual) • City of Virginia Beach (Amendment to Zoning Ordinance — Signs for Schools) • Lloyd Tyrone Hines (Nonconforming Use / PRINCESS ANNE) • Tidewater Medical Training (Use Permit / BAYSIDE) • Lille! Farms (Rezoning / CENTERVILLE) August 5, 2014 II I -11- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) PRINCESS ANNE Home Associates of \ irginia, Inc. Sub Area -2 AG1 PUNGO AIR FIELD Abar dorrc j AG1 VER RD AG2 5-70 dB Lein r'J AG1 Condition,. Zoning Change from At x b Au.7 to Condition August 5, 2014 -12 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information Request for a Conditional Change of Zoning from AG - 1 & AG -2 Agricultural Districts to Conditional R-15 District). Deferred by the City Council on 12/10/13 & 2/25/14. Applicant proposes development of a 6.05 -acre site for 6 single-family dwelling units. Site is located within the Transition Area, and accordingly, the plan includes features such as a 150 - foot landscaped open space buffer along Indian River Road, trail and future roadway connectivity with the adjacent property, and open space consisting of 52% of the site area. • Water and sewer are not readily available; therefore, the applicant will be seeking approval from the Virginia Department of Health for an alternative onsite sewage disposal system. The subdivision cannot be recorded until that approval is granted. Chnoepnhal She layout B. Lanci.ape Nan Of Pungo Village N Beach VA 5.1W..Pata n.gw„a Open sw.!W., a.Pnxa oo�. (52% DATE: 07/1S,3 MSA P.C. 777. August 5, 2014 -13 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Evaluation and Recommendation • Planning Staff recommended approval as proffered. • The Planning Commission, by a vote of 11-0, recommends approval as proffered. • There was one person in opposition at the hearing. August 5, 2014 -14 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) BAYSI DE \ivp C-3 7ontng Change. Rnn, R 2 in Conditional 8.2 ,and 84 pton Executive Center, LLC August 5, 2014 -15 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information • The applicant is requesting a Change of Zoning from Conditional B-2 to Conditional B-2 and B-2. City Council deferred this item on April 8, 2014. • The rezoning will allow development of the site for 180 multifamily residential dwelling units at a density of 30 units per acre. The dwelling units will be located within one large four-story building on the western portion of the site sand one smaller four-story building on the eastern portion. • A clubhouse and swimming pool will be situated between the larger building and the northeastern property line, which is adjacent to the Virginia Tech Agricultural Research and Extension Center. • A 4 -foot high black aluminum fence will be installed along the Northampton Boulevard frontage and adjacent to the Extension Center. NORTHAMPTON APARTMENTS 5,261555 e5-50,1, (50,55155505 5510,5, HEIRMO1Y s'\^ MSA. P.C. August 5, 2014 . I I -16- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Northampton Executive Center LLC Evaluation and Recommendation • Planning Staff recommended approval as proffered. • By consent (10-0-1), the Planning Commission recommends approval as proffered. • There was no opposition. August 5, 2014 -17- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Conditional Zoning Cn f onr B-2 & R5D to Conditional August 5, 2014 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information • Change ofZoning from .i3-2'Business and R -5D Residential to Conditional A-36 Apartment. • Applicant proposes development of a 9.5 -acre site that currently consists of nine separate parcels for 264 apartment dwelling units. • The development will consist of twofive-story multifamily apartment buildings. The buildings have parking on the ground floor and four floors of dwellings above. • The site is located in the Southern Corporate District of the Pembroke SGA. The Pembroke SGA Plan recommends that building sites in this area should be designed such that the urban form is emphasized. • Accordingly, the proposed buildings are located close to Alicia Drive and the buildings have an urban architectural form. August 5, 2014 -19 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Evaluation and Recommendation • 'Planning Staff recommended approval. By consent (11-0), the Planning Commission recommends approval. There was no opposition. August 5, 2014 I -20- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Princcssboro Development August 5, 2014 I -21- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information • Request for a Change of Zoning from AG -2 Agricultural to B-2 Community Business. The applicant proposes to develop 7.6 acres of the existing 23.5 -acre site for a retail nursery and garden center. • The proposed site layout places the main building in the center of the site, with the parking area on the western side adjacent to Fisher Arch. • A greenhouse is located behind the building on the eastern side of the site and an outdoor garden area is on the northern side, adjacent to Sandbridge Road. • Access to the site is from Fisher Arch. SANDBR[D(iE ROAD re. REZONE., E August 5, 2014 -22 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Evaluation and Recommendation Planning Staff recommended approval. By a vote of 11-0, the Planning Commission recommends approval. There was no opposition. August 5, 2014 1 -23- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) August 5, 2014 -24- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information Request for a Conditional Use Permit for a tattoo parlor. • The applicant proposes to occupy approximately 1,300 square feet of an existing 10,670 square foot center that currently has a barber shop, air conditioning repair business, and a small engine repair facility., • The proposed tattoo parlor will consist of six employees including tattoo artists, counter staff, and management. • Tattoos will be given by appointment, and a customer will go through a counseling session prior to receiving services. • Services will only be provided to adults 18 years of age or older, regardless of parental authorization or attendance. • The proposed hours of operation will be from 10:00 a.m. to 10:00 p.m., seven days a week. August 5, 2014 -25 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) August 5, 2014 -26 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) tine' SEo , .L. Evaluation and Recommendation Planning Staff recommended approval. By consent (11-0), the Planning Commission recommends approval. • There was no opposition. August 5, 2014 I -27- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) CITY OF VIRGINIA BEACH An Ordinance to Add Section 209.3 for Temporary Commercial Parking Lot Standards, Conform Sections 246, and 1501, and Sections 5.3.7 and 6.2.6 of Appendix 1 of the City Zoning Ordinance to the Provisions of the Public Works Design Standards Manual. An Ordinance to Conform Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, 6.3 and 7.1 of the Subdivision Regulations (Appendix B) to the Provisions of the Public Works Design Standards Manual. An Ordinance to Conform Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance to the Provisions of the Public Works Design Standards Manual. An Ordinance to Conform Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) to the Provisions of the Public Works Design Standards Manual. Relevant Information • The amendment adds to the City Zoning Ordinance the requirements for temporary commercial parking lots that are currently in the "Public Works Specifications and Standards." • The temporary commercial parking lot standards will be deleted from the updated "Public Works Design Standards Manual"; therefore, the standards need to be moved to the Zoning Ordinance. • The amendments also revise sections of the Zoning Ordinance (RT -1 and Oceanfront Resort [OR] Districts) that refer to the "Public Works Specifications and Standards." August 5, 2014 I -28- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Evaluation and Recommendation • Planning Staff recommended approval. • By consent (11-0), the Planning Commission recommends approval. • There was no opposition. CITY OF VIRGINIA BEACH An Ordinance to Conform Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, 6.3 and 7.1 of the Subdivision Regulations (Appendix B) to the Provisions of the Public Works Design Standards Manual. An Ordinance to Conform Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance to the Provisions of the Public Works Design Standards Manual. An Ordinance to Conform Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) to the Provisions of the Public Works Design Standards Manual. August 5, 2014 I -29- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information • These amendments to the Subdivision Ordinance, Site Plan Ordinance, and the Chesapeake Bay Preservation Area Ordinance delete the current references to the "Public Works Standards and Specifications" and replaces each with a reference to the updated and reformatted "Public Works Design Standards Manual." Evaluation and Recommendation Planning Staff recommended approval. • By consent (11-0), the Planning Commission recommends approval. There was no opposition. August 5, 2014 I -30- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) CITY OF VIRGINIA BEACH An Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Allowed Signage for Schools. Relevant Information The school sign regulations, adopted in 1987, allow each school to have only one 24 square foot sign. • New school buildings are now larger and have multiple stories. In addition, public schools today often have multiple academies within one school building, which need to be identified. • The proposed sign amendments allow each school site to have one freestanding sign per entrance. Each freestanding sign can have a maximum height of eight feet, with two faces per sign and a maximum of 40 square feet per face. In addition, a school may have two wall signs for each building facade facing a public street. Such wall signs can have one square foot per linear foot of each building wall facing a public street. August 5, 2014 -31 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Evaluation and Recommendation Planning Staff recommended approval. By consent (11-0), the Planning Commission recommends approval. There was no opposition. August 5, 2014 -32 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information The applicant is requesting an enlargement of a nonconforming use in order to build a detached garage to store personal vehicles and yard tools. • The parcel is zoned AG -2 Agricultural, and contains two (2) single-family dwelling units constructed in 1945, prior to the adoption of the Zoning Ordinance. • Section 401 of the Zoning Ordinance allows for only one single-family dwelling to be constructed on a lot zoned AG -2; therefore, the existing use of the property is nonconforming. • The proposed construction of the garage is considered an enlargement of the nonconformity, and thus, can only occur by resolution of the City Council. August 5, 2014 1 -33- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) August 5, 2014 I -34- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Evaluation and Recommendation • Planning Commission does not hear applications for changes to nonconformities. • Planning staff will provide the City Council with its evaluation and recommendation prior to the City Council meeting. Tidewater 1Ie[tieai Training August 5, 2014 I -35- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information • Request for a Conditional Use Permit for Vo:.ational Training. The applicant proposes to occupy approximately 5,000 square feet within an existing office building for a medical training facility. • Classes will be offered Monday through Friday, from 9:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 10:00 p.m. No more than 30 students would be attending class at any one time. • Other than the installation of two building signs, there will be no modifications to the existing building. August 5, 2014 1 -36- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) August 5, 2014 -37 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Evaluation and Recommendation • Planning Staff recommended approval • By consent (11-0), the Planning Commission recommends approval. • There was no opposition. August 5, 2014 -38- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Relevant Information • Request for a Change of Zoning from Conditional PD -H2 [A-24] to P-1 Preservation. • City Council granted the Conditional PD -H2 [A-24] zoning on September 24, 2013. • As required by the Zoning Ordinance for PD - H2 developments, and as proffered by the applicant, the open space areas of the plan must be zoned P-1 Preservation. • Moreover, per the proffers of the Conditional Zoning Agreement, the final subdivision plat cannot be recorded until this Change of Zoning for the open space areas is approved by the City Council. August 5, 2014 -39 - CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) August 5, 2014 I -40- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM #64020 (Continued) Evaluation and Recommendation This item is being heard by the Planning Commission during its August 13th meeting. it has been `double advertised' at the request of the applicant, with the concurrence of the District Councilmember. Mayor Sessoms expressed his appreciation to Mr. Whitney and the entire Planning Department for their continued work. August 5, 2014 I -41- CITY COUNCIL LIAISON REPORTS ITEM #64021 5:01P.M. Council Lady Henley advised the Transition Area ITA Citizens Advisory Committee will be making a presentation to City Council next week with some suggested amendments to ensure the Comprehensive Plan achieves its purpose in the Transition Area. August 5, 2014 -42- CITY COUNCIL LIAISON REPORTS ITEM #64022 Council Lady Henley also advised the Green Ribbon Committee is another very active and they will be providing recommendations to be considered for the Legislative Package. August 5, 2014 I -43- CITY COUNCIL COMMENTS ITEM #64023 5:02 P.M. Councilman Dyer advised that he, along with Councilman Martin and Representative Villanueva, hosted a Town Hall Meeting at Tallwood High School last night, where 175 people attended. Councilman Dyer expressed his appreciation to City Staff Deputy City Manager Hansen, Public Utilities Director - Tom Leahy, Public Works Director - Phil Davenport, Catheryn Whitesell, Police Chief Cenvera and Captain Gallagher from the 4"' Precinct for attending and answering questions. A few people brought their water bill and Tom Leahy was able to answer every question. Councilman Martin added he continues to be impressed at the amount of knowledge of the City employees and how well they answered questions. Councilman Martin was impressed by the number of attendees and is encouraged to see such an engaged civic environment. August 5, 2014 I -44- CITY COUNCIL COMMENTS ITEM #64024 Councilman Wood advised on July 22"d, he attended the Joint Subcommittee to Study Recurrent Flooding that he was recently appointed to. Colonel Paul B. Olsen, P.E., Norfolk District Commander, Army Corp of Engineers, gave recommendations. He advised the primary need is here in Hampton Roads and is pleased that the Region is well represented. The next meeting is scheduled on September 10`''. Councilman Wood advised there may be some Federal Funding coming available and City Council may want to consider revisiting the funding for Shore Drive Improvements. August 5, 2014 I -45- CITY COUNCIL COMMENTS ITEM #64025 Councilman Moss advised there is an article in today's paper regarding the Transportation Bill Congress passed that gets us through May. The Bill was basically funded by increasing the interest rate that Corporations can claim on their defined benefits pension plans. This means they can reduce their contributions which increases expendable income and puts funds into the Treasury Department. Equally as sobering, the Disability portion of Social Security Benefits will have zero funds left in 2017, which means the money currently being paid into Social Security Disability will not be enough to sustain this program. Based on the above, the Federal Government will have to raise revenues to fund Transportation and, will most likely, increase payroll taxes to continue Social Security Disability. All of these issues will have a direct impact on local families and incomes will continue to decline. Councilman Moss encouraged the City to take a look at the real implications as the City prepares the 5 -Year Forecast. August 5, 2014 I -46- CITY COUNCIL COMMENTS ITEM #64026 Council Lady Ross -Hammond advised she recently attended the Achievable Dream graduation/induction and was asked to Chair the Community Advisory Board for this program. August 5, 2014 I -47- AGENDA REVIEW SESSION 5:09P.M. ITEM #64027 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES 1. 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 22nd Street b. Ice Masters re an Ice Skating Rink at 3rd 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 atong Great Neck Road ADD ON REQUESTED BY 7 MEMBERS OF COUNCIL Resolution DIRECTING the City Manager to brief and seek the guidance of City Council re: access to Northhampton Boulevard from a proposed commercial development by the City of Norfolk near Lake Wright 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 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 3. 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 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 ITEM #1 WILL BE DEFERRED INDEFINATELY COUNCILMAN WOOD WILL ABSTAIN ON ITEM #2 ITEM #3 WILL BE DEFERREED TO A UG UST 19, 2014 ITEM #4 WILL BE DEFERRED INDEFINATELY August 5, 2014 I -48- ITEM#64028 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY -HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly -held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Beach District Princess Anne District August 5, 2014 I -49- ITEM#64028 (Continued) Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 5:22 P.M. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: (Closed Session None 5:22 P.M. - 5:50 P.M.) August 5, 2014 I -50- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 5, 2014 6:00 P.M. Manor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, August 5, 2014, at 6:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross -Hammond INVOCATION: Reverend Tommy Taylor Assistant Pastor Trinity Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. August 5, 2014 I -51- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones ' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential'). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record. August 5, 2014 I Item -VI-E CERTIFICATION -52- ITEM #64029 Upon motion by Councilman Dyer, seconded by Councilman Martin, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 Item -VI -F.1 MINUTES -53- ITEM #64030 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 8, 2014. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 -54 - ADOPT AGENDA FOR FORMAL SESSION ITEM #64031 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 5, 2014 I Item -VI-H.1 MAYOR'S PRESENTATIONS -55- ITEM #64032 IMPROVING BIRTH.ORG Karysa Trombley, Rally Coordinator Mayor Sessoms presented a Resolution to Karysa Trombley - Rally Coordinator, Improve Birth International Movement recognizing ImprovingBirth.Org and the Labor Day Rally to bring evidence - based care to promote respect for women and their decisions in childbirth. . Ms. Trombley accepted the Resolution and expressed her appreciation to the City of Virginia Beach for their support. August 5, 2014 /9) SOLUTION ION 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 III" survey could not correctly identify two facts about labor induction or cesarean and a majority identified unsafe gestational ages as the earliest safe time to deliver a baby, absent complications, yet despite these quality 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 men, 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 City Council, on behalf of all the citizens thereof do hereby adopt this resolution recognizing ImprovingBirth.Org and the Labor Day Rally to 'Improve Birth International Movement" to bring evidence -based care and promote respect for women and their decisions in childbirth. BE IT FURTHER RESOLVED: That this Resolution be presented to representatives of "Improve Birth International Movement" in Virginia Beach on this fifth day of August 2014. Councibrwn Qobn M. "Boob' Dyer Council(nan Brad Martin Council Lady SSialmon DS pane Council Lady Dr. Amelia N Ross- C'ouncibnan John 'Zihrin , n5arpes L. `Wood 'Lice Mayor Louis R 5 MayorWit&fm . °'Wi!!°Sessoms I Item -VI-H.2 MAYOR'S PRESENTATIONS -56- ITEM #64033 SISTER CITIES INTERNATIONAL "BEST OVERALL AWARD" Ruth Hodges Fraser, President of Sister Cities Association of Virginia Beach (SCAVB), presented Mayor Sessoms the Sister Cities International "Best Overall Award", for Virginia Beach's 50"" Anniversary Celebration. The City partnered with SCAVB in hosting this week long celebration, which brought more than 76 appointed and elected officials, plus a 29 -Member Moss, Norway Vocalis (who paid their own way) from the City's three (3) "Sister Cites:: Miyazaki City, Japan, North Down Bangor, Northern Ireland and Moss, Norway, plus the City's two (2) "Friendship Cities": San Juan del Sur, Nicaragua and Olangopo, Philippines. August 5, 2014 -57 - Item -VI-H.1 PUBLIC HEARINGS ITEM #64034 Mayor Sessoms DECLARED A PUBLIC HEARING: ACQUISITION BY AGREEMENT OR CONDEMNATION Pacific Avenue Improvements — additional hearing scheduled 8/19/2014 There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 5, 2014 -58 - Item -VI-H.2 PUBLIC HEARINGS ITEM #64035 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY -OWNED PROPERTY 302 22" Street Atlantic Avenue and 3rd Street There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 5, 2014 -59 - Item -VI-H.3 PUBLIC HEARINGS ITEM #64036 Mayor Sessoms DECLARED A PUBLIC HEARING: TRANSFER OF CITY PROPERTY Northampton Boulevard at Little Creek Reservoir and Lake South There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING August 5, 2014 -60- ADD ON ITEM #64037 Upon motion by Vice Mayor Jones, seconded by Moss, City Council APPROVED the request to ADD to the Consent Agenda: Resolution DIRECTING the City Manager to brief and seek the guidance of City Council re access to Northampton Boulevard from a proposed commercial development by the City of Norfolk near Lake Wright Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 I Item -VI-J ORDINANCES -61- ITEM #64038 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items 1, 2a/b, 3a/b/c/d and the ADD ON of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 Item -VI -J.1 ORDINANCES -62- ITEM #64039 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND §2-468 of the City Code to clarify the scope of "Right to Audit Clauses" in City Contracts Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 I 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 8 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 employees, records and property. 15 16 .... 17 18 (b) All contracts for construction; all contracts for architectural and engineering services; 19 all franchise agreements; any public-private partnership agreement whether structured, 20 without limitation, as a lease, a performance agreement, or grant agreement; and any 21 contract for goods and services of an ongoing nature Ongoing service, construction, 22_ - - - - - - - - - - - - - - - - - - - - shall 23 contain a "right -to -audit" clause providing the city auditor access to the contractor's 24 records relating to or pertaining to the contract 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 5thday of August , 2014. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: 5 City Auditor CA13053 / R-2 / July 14, 2014 ice Item-VI-J.2a ORDINANCES -63- ITEM #64040 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE leases of City property: a. Integrated Management Group (Beach Events) at 302 22"a Street Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 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 22nd 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 22nd 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 5th 39 day of August , 2014. APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT Public Wor s / Facilities Management 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 22nd 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 22nd 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 citylawprod\cycom32\Wpdocs\D031 \P003\00007880. DOC i I Item-VI-J.2b ORDINANCES -64- ITEM #64041 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE leases of City property: b. Ice Masters re an Ice Skating Rink at 3'd Street and Atlantic Avenue Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR THREE 3 AND A HALF (3 '/z) 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 "City") is the owner of land 9 located at the southwest intersection of 3rd Street and Atlantic Avenue, also 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 Loop 15 property from the City for a period of three and a half (3 1/2) months; 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 City of 33 Virginia Beach, for the use of approximately 35,720 sq. ft. (0.82 acres) of City - 34 owned property, in accordance with the Summary of Terms, attached hereto as 35 Exhibit A 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 5th 40 day of August , 2014. I APPROVED AS TO CONTENT: Public Works / Facili es Management CA12964 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D018\P018\00135898. DOC R-1 July 25, 2014 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: I 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. I 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 I Item-VI-J.3a ORDINANCES -65- ITEM #64042 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, 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 Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 WITHIN THE SHERIFF'S OFFICE OPERATING 3 BUDGET AND TO CONVERT PART-TIME 4 POSITIONS TO A FULL-TIME POSITION 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 1. $35,929 is hereby transfered within the FY 2014-15 Sheriff's Special Revenue 10 Fund for the conversion of part-time positions to a full-time FTE; 11 12 2. The Sheriff's Office position total is hereby decreased by 1.46 part-time FTEs; 13 and 14 15 3. The Sheriff's Office full-time position total is hereby increased by one full-time 16 FTE. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of August , 2014. APPROVED AS TO CONTENT: Budget and Management Service CA13060 R-1 July 23, 2014 APPROVED AS TO LEGAL SUFFICIENCY: I Item -VI -J.36 ORDINANCES -66- ITEM #64043 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: b. $33, 694 Four -for -Life Program Grant and provide matching funds from the Reserve for Contingencies Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF 3 EMERGENCY MEDICAL SERIVCES FOR THE 4 PURCHASE OF CARDIAC MONITOR UPGRADES 5 AND TO TRANSFER FUNDS FOR A LOCAL GRANT 6 MATCH 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1) $33,694 is hereby accepted from the Virginia Department of Health, Office 12 of Emergency Medical Services, and appropriated, with estimated state revenues 13 increased accordingly, to the FY 2014-15 Operating Budget of the Department of 14 Emergency Medical Services (EMS) for costs of cardiac monitor upgrades; and 15 16 2) $33,694 is hereby transferred from the General Fund Reserve for 17 Contingencies to the FY 2014-15 Operating Budget of the Department of Emergency 18 Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of August , 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 a agement Sery CA13056 R-1 July 10, 2014 es I Item-VI-J.3c ORDINANCES -67- ITEM #64044 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: c. $15, 000 from the Virginia Beach Development Authority Charity Golf Classic Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 I 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 Networking 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 5th day of August , 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 CA13055 R-1 July 1, 2014 Item-VI-J.3d ORDINANCES -68- ITEM #64045 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: d. $35, 000 from the Hampton Roads Sanitation District (HRSD) re donation of trees along Great Neck Road Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE A DONATION FROM 3 HAMPTON ROADS SANITATION DISTRICT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a donation of $35,000 from the Hampton Roads Sanitation District is 9 hereby accepted and appropriated, with estimated donation revenue increased 10 accordingly, to the Beautification Fund of the Parks and Recreation Department's FY 11 2014-15 Operating Budget to replace trees removed during the Great Neck Road 12 Sanitary Sewer Force Main project. 5th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of August , 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: .1z) Budget and Management Services CA13057 R-1 July 10, 2014 I Item -VI-J.ADD ON ORDINANCES -69- ITEM #64046 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, the ADDED Resolution DIRECTING the City Manager to brief and seek the guidance of City Council re access to Northampton Boulevard from a proposed commercial development by the City of .Norfolk near Lake Wright Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 1 REQUESTED BY VICE-MAYOR LOUIS R. JONES AND COUNCIL MEMBERS ROBERT 2 M. DYER, JOHN D. MOSS, AMELIA N. ROSS-HAMMOND, JOHN E. UHRIN, 3 ROSEMARY WILSON, AND JAMES L. WOOD 4 5 6 A RESOLUTION DIRECTING THE CITY MANAGER TO 7 BRIEF AND SEEK THE GUIDANCE OF CITY COUNCIL 8 PERTAINING TO THE APPROVAL OF PROPOSED 9 STREETS WITHIN THE CITY OF VIRGINIA BEACH 10 11 WHEREAS, the City of Norfolk has proposed construction of a 350,000 square 12 foot, approximately 90-store outlet mall (the "Project") to be built in the City of Norfolk 13 near the border with the City of Virginia Beach; and 14 15 WHEREAS, the City of Norfolk proposes to provide access to the Project by 16 construction of a street or streets within the City of Virginia Beach that would connect the 17 Project to Northampton Boulevard in the City of Virginia Beach; and 18 19 WHEREAS, based upon the information available to the City Council, it appears 20 that the proposed access streets are not shown in the Northampton Boulevard Corridor 21 Strategic Growth Area Implementation Plan or the Master Transportation Plan 22 incorporated into the Comprehensive Plan approved by the City Council, and 23 24 WHEREAS, the City Council is aware that Northampton Boulevard, a major urban 25 arterial, is already heavily congested and has a current level of service rating of E; and 26 27 WHEREAS, the additional traffic generated by and otherwise associated with the 28 Project will further impact traffic in the City of Virginia Beach and will affect the safety, 29 welfare and convenience of the citizens of Virginia Beach and others utilizing 30 Northampton Boulevard; and 31 32 WHEREAS, the City Council believes that to best serve the public interest 33 additional study of traffic conditions and impacts generated by and otherwise resulting 34 from the Project should be completed and publicly discussed before any decision 35 regarding approval of the access streets to serve the Project should occur; and 36 37 WHEREAS, the City Council has the responsibility and authority to determine the 38 layout and operation of streets and roadways within the City. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 That the City Manager shall direct staff of the Planning and Public Works 44 Departments to brief City Council and seek its input prior to the approval of site plans or 45 construction plans for any proposed public roadway or street providing vehicular access 46 from the Project to Northampton Boulevard in the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of August , 2014. APPROVED AS TO LEGAL SUFFICIENCY: VVI- J ��- City Attorney CA13063 R-1/July 29, 2014 Item -VI-K PLANNING -70- ITEM #64047 1. CROWN CASTLE USA, INC NONCONFORMING STRUCTURE 2. LA PAZ, LLC NONCONFORMING USE 3. MARY MEYER CONDITIONAL USE PERMIT 4. CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT August 5, 2014 -71 - Iters: -VI-K PLANNING ITEM #64048 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1(DEFER INDEFINATELY), 2, 3(DEFER TO 8/19/2014) and 4(DEFER INDEFINATELY) of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 -72 - Item -VI-K.1 PLANNING ITEM #64049 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT, Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re a communication tower at Meadow Ridge Lane (deferred February 25, March 11, April 8 and May 27, 2014) DISTRICT 7 — PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 -73 - Item -VI -K.2 PLANNING ITEM #64050 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of LA PAZ, LLC for Alteration to a Nonconforming Use re two (2) single family homes at 2565 Shore Drive DISTRICT 5 - LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LA PAZ, LLC for Alteration to a Nonconforming Use re two (2) single family homes at 2565 Shore Drive (GPIN 15907109280000) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 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", cement fiber -board horizontal siding and shake, standing seam metal roofing and brick shall be used as exterior materials. 4. All landscaping located within five(5) 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. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of August, Two Thousand Fourteen August 5, 2014 I -74- Item-VI-K.2 PLANNING ITEM #64050(Continued) Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond Council Members Abstaining: James L. Wood August 5, 2014 I 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 I 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 5th day of August , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA12932 R-1 July 25, 2014 //e/OLL CityA orney's Office 2 I JAMES L. WOOD COUNCILMAN - DISTRICT 5 - LYNNHAVEN In Reply Refer to 0052714 City of Virgirzia I leach August 5, 2014 VBgov.com PHONE: (757) 340-8411 FAX: (757) 340-2082 jlwood@vbgov.com Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of La Paz, LLC for alteration to a nonconforming use on property located at 2565 Shore Drive. 2. My brother is the sole member of La Paz, LLC, which is the applicant. 3. Although the City Attorney has advised me that the Conflict of Interests Act allows me to participate in this transaction without restriction, I nevertheless wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 208 ASH AVENUE, SUITE 101, VIRGINIA BEACH, VA 23452 I Mrs. Ruth Hodges Fraser -2- August 5, 2014 Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. JLW/RRI Sincerel L. Wood cilmember I -75- Item -VI-K.3 PLANNING ITEM #64051 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO AUGUST 19, 2014, BY CONSENT, Application of MARY MEYER for a Conditional Use Permit re home-based wildlife rehabilitation at 547 Susan Constant Drive DISTRICT 5 — LYNNHAVEN Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 I -76- Item -VI-K.4 PLANNING ITEM #64052 Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT, 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 Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 -77 - ITEM VI -L APPOINTMENTS ITEM #64053 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: ANN CRENSHAW Four year term 10/01/2014 — 09/30/2018 ADDIE WRIGHT THOMASON Executive Director, CEO - VBCDC EX OFFICIO WORKFORCE HOSING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Amelia N. Ross -Hammond August 5, 2014 -78 - Item -V-N ADJOURNMENT ITEM #640054 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:14 P.M. Amanda Fin ., Barnes, CMC Chief Deputy City Clerk Ijxtth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor August 5, 2014 I -79- PUBLIC DIALOGUE Viking Kowalczzyk, 2581 Buyrn Circle, Phone: 802-272-5241, requested City Council consider changing the law regarding backyard chickens. Chickens do not hurt anyone or carry diseases; in fact, chickens provide many benefits. Chickens eat bugs and provide eggs for families. He requested City Council support backyard chickens. Mark Markum, 2000 Fisher Arch Trail, Phone: 426-8000, is the Manager of the local Tractor Supply Store. Mr. Markum advised the City of Mechanicsville passed Ordinance allowing 4 chickens per home. Tractor Supply sold over 3 Million chickens last year. He requested City Council support backyard chickens. John Wilson, 1885 Indian River Road, Phone: 536-6102, advised he owns a farm in Pungo and even though it could be competition for his farm, he supports backyard chickens. Mr. Wilson supports While chickens eat bugs, he is excited about the backyard chickens because of all of the benefits. educational opportunities it provides families and empowering families to make a direct link to their food. Mr. Wilson requested City Council Chickens are clean, healthy and are good for the environment. support backyard chickens. Christine Ross, 205 Corvette Lane, Phone: 905-0265, requested the City close the Abortion Clinics within the City by rezoning the properties, buying the buildings where they operate and/or declaring the clinics as "dangerous nuisances ". The Public Dialogue re Non Agenda Items concluded at 6:24 P.M. August 5, 2014