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AUGUST 19, 2014 MINUTES-1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 19, 2014 Mayor William D. Sessoms, Jr., called to order Ciry Council's Informal Session, in the City Council Coraference Room, Tuesday, August 19, 2014, at 5: 00 P.M. Coacncil 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, JY., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None August 19, 2014 -2- CITY COUNCIL COMMENTS ITEM #64055 5: 00 P.M. Mayor Sessoms suggested the City Council RESCHEDULE the Formal Session scheduled for November 4, 2014 (Election Day) to November 18, 2014, AND November 11, 2014 (Yeteran's Day) to November 25, 2014. Mayor Sessoms requested City Attorney Stiles prepare the necessary Resolution(s). August 19, 2014 -3- CITY COUNCIL COMMENTS ITEM #64056 Cotincilman Dyer advised the Process Improvement Committee Small Business Task FoYCe f-ecently met witli approximately twenty (20) individuals representing various small and/or minority owned businesses. The group, along with Regent School of Business, is putting together a survey in order to make sure the Citv of Virginia Beach is one of the most competitive "business friendly " cities in the country. August 19, 2014 -4- CITY COUNCIL COMMENTS ITEM #64057 Councilman Moss expressed his appreciation to City Staff and Regent University for hosting the Eagle Scoatits from Fredericksburg, Virginia that bicycled `cross Country, beginning in mid-June ftom San Francisco, California and ending here in Virginia Beach on August 15`?'. August 19, 2014 -5- CITY COUNCIL COMMENTS ITEM #64058 Councilman Moss advised the Ciry would be getting a copy of the Brief that was given to the General Assenzbly's Finance Conzmittee. He requested the City Manager schedule a Briefing from Staff in order to have some insight as to what to expect for the next few budget cycles. August 19, 2014 -6- AGENDA REVIEW SESSION 5: 03 P.M. ITEM #64059 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements for the Pacific Avenue Improvements Phase I 2. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $170,500 to the Police Federal and State Seized Assets Special Revenue Fund re police equipment and canines and a DONATION of tourniquets from the Virginia Beach Police Foundation b. $SS, 000 from the Virginia Department of Criminal Justice Services via the Bedford County Sheriff's Office to the Police Department re internet crimes against children c. $7,974 from the Virginia Department of Criminal Justice Services re the Virginia Beach Victim Witness Program d. $150, 000 to Communications and Information Technology re the City's cable television franchise renewal process August 19, 2014 -7- AGENDA REVIEW SESSION ITEM #64059(Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. PLANNING 1. Application of LLOYD TYRONE HINES for an Expansion o a Noncon orming Use at 1209 Edison Road PRINCESS ANNE - DISTRICT 7 2. Application of MARY MEYER for a Conditional Use Permit for a home-based wildlife rehabilitation activity at 547 Susan Constant Drive (Deferred July 8 and August S, 2014) DISTRICT S - LYNNHAVEN 3. Application of ONE SHOT TATTOO for a Conditional Use Permit re a tattoo parlor at 1764 Independence Boulevard BAYSIDE - DISTRICT 4 4. Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTONEXECUTIVE CENTER, LLC for a Conditional Use Permit re a Vocational School at 1300 Diamond Springs Road BAYSIDE - DISTRICT 4 5. Application of LILLEL FARMS, INC. for a Change o Zoning from PD-H2 Planned Development [A-24] to P-1 Preservation to preserve open space at 2120 and 2150 Centerville TuYnpike CENTERVILLE - DISTRICT 1 6 Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zonin om AG-1 Agricultural to Conditional R-1 S Residential re single family dwellings at 1864 Indian River Road (deferred by City Council on February 25, 2014) PRINCESS ANNE - DISTRICT 7 7. Application of PRINCESSBORO DEVELOPMENT for a Conditional Change of Zonin from AG-2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road re a retail landscape and garden nurseryPRINCESS ANNE - DISTRICT 7 8. Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Chanze o Zoning from B-2 Communiry Business to Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road (deferred by Ciry Council on April 8, 2014) BAYSIDE - DISTRICT 4 9. Application of BREEDEN INVESTMENT PROPERTIES, INC. for a Conditional Chan eof ZoninQ fYOm B-2 Community Business and R-SD Residential Duplex to A-36 Apartment re multifamily dwelling units at Dolton and Alicia Drives BAYSIDE - DISTRICT 4 10. Ordinance to AMEND the provisions of the Public Works Design Standards Manual: a. ADD Section 209.3 for Temporary Commercial Parking Lot Standards to conform with Sections 246, 1501, 5.3.7 and 62.6 ofAppendix 1 of the City Zoning Ordinance (CZO) b. 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) August 19, 2014 -8- AGENDA REVIEW SESSION ITEM #64059(Continued) c. Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) 11. Ordinances to AMEND the Ciry Zoning Ordinance (CZO): a. Section 211 re signage for schools b. Sections 209.1 and 401 allowing farm breweries as a permitted use in Agricultural Zoning Districts and setting forth regulations ITEM #2 WILL BE CONSIDERED SEPARATELY ITEM #6 WILL BE DEFERRED INDEFINATELY ITEM #7 WILL BE DEFERRED TO SEPTEMBER 16, 2014 ITEM #IOa/b/c/ d WILL BE DEFERRED INDEFINATEL Y ITEM #ll a WILL BE DEFERRED TO SEPTEMBER 2, 2014 August 19, 2014 -9- ITEM#64060 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 2.2-3 711 (A)(3). Beach District August 19, 2014 -10- ITEM#64060 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Martin, City Council voted to proceed into CLOSED SESSION at 5:23 P.M. Voting: 11-D Cortincil Members Voting Aye: Robert M. Dyer, BarbaYa 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.• None (Closed Session 5:23 P.M. - 5: 40 P.M.) August 19, 2014 -11- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 19, 2014 6: DO P.M. MavoY 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 19, 2014, at 6: 00 P.M. Cozrncil 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 .Iames L. Wood Council Members Absent: None INVOCATION: George Chandler Virginia Beach Police Chaplain PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mcryor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Coyastitution 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 conceYns with respect to Prudential Towne Recrlty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spir•it 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 fi•om 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 19, 2014 -12- 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 Mar•ch 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 `per-sonal 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 MayoY Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Go>>ernment Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of Ciry 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 19, 2014 -13- Item -IV-E CERTIFICATION ITEM #64061 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE N'ITH THE MOTION TO RECESS. Only public business matters lawfully exempt fi-om 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. Iroting: 11-0 Coicncil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, BYad 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 19, 2014 R E S 0 L U T 10 N CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #64060 Page 10, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ru/th Hodges Fraser, MMC City Clerk August 19, 2014 -14- Item IV-F.1 MINUTES ITEM #64062 Upon motion by Council Lady Wilson, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS ofAugust 5,2014. Voting.• 11-0 Council Members Voting Aye. Robert M. Dyer, Barbara 119 Shannon DS Kane, Brad M Hammond, Mayor William D. Wilson and James L. Wood Henley, Vice Mayor Louis R. Jones, rtin, John D. Moss, Amelia N. Ross- Sessoms, Jr., John E. Uhrin, Rosemary Council Members Absent: None August 19, 2014 -15- ADOPTAGENDA FOR FORMAL SESSION ITEM #64063 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 19, 2014 -16- Iteni IV-H.1 MAYOR'S PRESENTATIONS ITEM #64064 UNITED WAY Carol McCormack, CEO Mayor Sessoms introduced and welcomed Carol McCormack, CEO - United Way of South Hampton Roads. Ms. McCormack presented a Certificate to say "THANK YOU! City of Virginia Beach Employees" for raising $251,828 for the 2013-2014 Campaign, with a total of over $1.5-Million in the past five (5) years. The funds provided: • 194 children with one year of after school care • 151,097 meals for the hungry • 4,843 at risk teens with weekly visits and support • 387 adults with urgent medical and dental services • 50 elderly neighbors daily in-home meals and care for one year Mayor Sessoms accepted the Award and expressed his appreciation to Ms. McCormack and especially to the City Employees for their generosity to the United Way which serves a vast number of our citizens. Mayor Sessoms presented the Certificate to the City Manager Spore as "he truly deserves this because the Ciry Employees work for the City ManageY. " August 19, 2014 of V?.rginia Beach EMPIOVees THANKYOUI. 'Your $251,828 donation for the 2013-2014 Campaign provides • 194 children with a year of after-school care • 387 adults with urgent medical and dental services • 151,097 meals for the hungry • 50 elderly neighbors with daily in-home meals and • 4,843 at-risk teens with weekly visits and support care for a year l.vC., 1/Cc a.aw?rt.a Carol McCormack, President & Chief Executive Officer United ? . ?? SOUTH HAMPTON ROADS -17- Item -IV-I.1 PUBLIC HEARINGS ITEM #64065 MayoY Sessoms DECLARED A PUBLIC HEARING: ACQUISITION BYAGREEMENT OR CONDEMNATION Pacific Avenue Improvements Phase I There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 19, 2014 -18- Itenz -IV-J ORDINANCES ITEM #64066 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items 1 and 2a16/c/d of the CONSENT AGENDA. Poting.• 11-0 Council Members VotingAye: Robert M. Dyer, Barbara M. Shannon DS Kane, Brad MG Hammond, Mayor YVilliam D. Wilson and James L. Wood Henley, Vice Mayor Louis R. Jones, rtin, John D. Moss, Amelia N. Ross- Sessoms, Jr., John E. Uhrin, Rosemary Council Members Absent: None August 19, 2014 -19- Iteni IV-J.1 ORDINANCES ITEM #64067 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of temporary and permanent easements for the Pacific Avenue Improvements Phase I Voting: 11-0 Council Members Yoting Aye: Robert M. Dyer, BarbaYa 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 19, 2014 1 AN ORDINANCE AUTHORIZING THE ACQUISITION 2 OF TEMPORARY AND PERMANENT EASEMENTS 3 FOR THE PACIFIC AVENUE IMPROVEMENTS 4 PHASE I PROJECT (CIP 2-045), EITHER BY 5 AGREEMENT OR CONDEMNATION 6 7 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a a public necessity exists for this road improvement project, which will place underground the 9 existing overhead utilities (power and communications); replace the existing public utilities 10 (sewer, water, and storm); replace the gas lines; provide new asphalt pavement, concrete 11 curb and sidewalk, and streetscapes; and provide new traffic signals at 19th Street. This 12 road project will include delivery of utility service and will improve transportation in the City 13 and other related public purposes for the preservation of the safety, health, peace, good 14 order, comfort, convenience and the welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: is 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et sec., Sections 33.1-91, et sec., and Title 21 25.1 of the Code of Virginia of 1950, as amended, of all those certain temporary and aa permanent easements (the "Easements"), as shown on the plans entitled "PACIFIC 23 AVENUE IMPROVEMENTS - PHASE I PROJECT CIP No. 2-045 CIP No. 5-037 CIP No. 24 6-037 PWCN-15-0009" (the "Project") and more specifically described on the acquisition as plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans 26 being on file in the Engineering Division, Department of Public Works, City of Virginia 27 Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Easements. If refused, 32 the City Attorney is hereby authorized to institute proceedings to condemn said 33 Easements. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day of 36 August , 2014. CA12966 PREPARED: 7/14/14 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d026\p017\00138404.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1&- PU LIC ORKS/REAL ESTATE CIT A RNEY -zo- Itenr -IV-J.2a ORDINANCES ITEM #64068 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $170,500 to the Police Federal and State Seized Assets Special Revenue Fund re police equipment and canines and a DONATION of tourniquets from the Virginia Beach Police Foundation Voting: 11-0 Coztncil 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 Absent: None August 19, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL REVENUE FUND FOR POLICE EQUIPMENT AND CANINES AND TO ACCEPT A DONATION FROM THE VIRGINIA BEACH POLICE FOUNDATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. That $170,500 is hereby appropriated from the fund balance of the Police Federal/State Seized Assets Special Revenue Fund, with estimated revenue increased accordingly, to the FY 2014-15 Operating Budget of the Police Department to purchase various equipment and canines to further the Department's law enforcement mission. Such equipment includes service weapons, Kevlar helmets, tourniquet holders for Police personnel, and security camera equipment. 2. A donation of tourniquets from the Virginia Beach Police Foundation is hereby accepted. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th 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 an M nagement Services rne s Office CA13062 R-3 August 12, 2014 -zi- Item -IV-J.26 ORDINANCES ITEM #64069 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: b. $SS, 000 from the Virginia Department of Criminal Justice Ser-vices via the Bedford County Sheriff's Office to the Police Department f-e inter-net crimes against children 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 Absent: None August 19, 2014 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS TO ENHANCE EFFORTS TO ADDRESS INTERNET CRIMES AGAINST CHILDREN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: $55,000 is hereby accepted from the Virginia Department of Criminal Justices Services via the Bedford County Sheriff's Office and appropriated, with estimated state revenues increased accordingly, to the FY 2014-15 Operating Budget of the Police Department to provide equipment, overtime pay, and specialized training and related travel to the Police Department, which will enhance efforts to address Internet crimes against children. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 t h day of Augus 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT L) Budget and Management Servic s APPROVED AS TO LEGAL SUFFICIENCY: CA13061 R-2 August 6, 2014 -22- Itenz IV-J.2c ORDINANCES ITEM #64070 Upon motion by Vice MayoY Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, OYdinances to ACCEPT, APPROPRIATE and TRANSFER: c. $7,974 from the Virginia Department of Criminal Justice Services re the Virginia Beach Victim Witness Program Voting: 11-0 Coiincil Members Yoting 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 .Iames L. Wood Council Members Absent: None August 19, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR VICTIM WITNESS 3 PROGRAM IN THE OFFICE OF THE COMMONWEALTH'S 4 ATTORNEY AND TO REPROGRAM CITY FUNDS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 9 10 11 12 13 14 15 1. $7,974 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated, with estimated state revenues increased accordingly, to the FY 2014-15 Operating Budget of the Office of the Commonwealth's Attorney for the Virginia Beach Victim Witness Program; and 2. City funding of the Victim Witness Program in the amount of $7,974 is hereby transferred from the Office of the Commonwealth's Attorney to the General Fund Reserve for Contingencies. Adopted by the Council of the City of Virginia Beach, Virginia on the 19 tblay 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 City ttorn ' Office CA13064 R-1 July 30, 2014 -23- Itein IV-J.2d ORDINANCES ITEM #64071 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT, APPROPRIATE and TRANSFER: d. $150,000 to Communications and Information Technology re the City's cable television franchise renewal process Voting.• I1-0 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 Absent: None August 19, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDS TO CONDUCT THE CABLE TELEVISION FRANCHISE RENEWAL PROCESS WHEREAS, the City's ten-year agreements with its two cable television providers, Cox Communications and Verizon Virginia, will both expire in 2016; and WHEREAS, as part of the renewal process the City conducts both technical assessments and community needs assessments to ensure the companies will meet the needs of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $150,000 is hereby transferred from the FY 2014-15 General Fund Reserves for Contingencies to the Operating Budget of the Department of Communications and Information Technology to conduct the City's cable television franchise renewal process. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of August 2014. APPROVED AS TO CONTENT: ? ?Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci ffi CA13074 R-1 August 6, 2014 -24- Itern IV-K PLANNING 1. LLOYD TYRONE HINES ITEM #64072 2. MARYMEYER 3. ONE SHOT TATTOO 4. TIDEWATER MEDICAL TRAINING/ NORTHAMPTONEXECUTIVE CENTER, LLC 5. LILLEL FARMS, INC. 6. HOME ASSOCIATES OF VIRGINIA, INC. 7. PRINCESSBORO DEVELOPMENT 8. NORTHAMPONEXECUTIVE CENTER, LLC 9. BREEDEN INVESTMENT PROPERTIES, INC. 10 . CITY OF VIRGINIA BEACH Il. CITY OF VIRGINIA BEACH EXPANSION OF A NONCONFORMING USE CONDITIONAL USE PERMIT CONDITIDNAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING AMEND PUBLIC WORKS DESIGN STANDARDS MANUAL CITY ZONING ORDWANCE August 19, 2014 -25- Item -IV-K PLANNING ITEM #64073 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 3, 4, 5, 6(DEFER INDEFINATELY), 7(DEFER TO SEPTEMBER 16, 2014), 8, 9, lDa/G/c/d (DEFER INDEFINATELY), IIa (DEFER TO SEPTEMBER 2, 2014) and ll/b of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood Council Members Absent.• None Louis R. Jones, Amelia N. Ross- Uhrin, Rosemary August 19, 2014 -26- Item -IV-K.1 PLANNING ITEM #64074 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of LLOYD TYRONE HINES for an Expansion of'a Nonconforming Use at 1209 Edison Road PRINCESS ANNE - DISTRICT 7 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LLOYD TYRONE HINES for an Expansion of a Nonconforming Use at 1209 Edison Road (GPIN 24154223840000) PRINCESS ANNE - DISTRICT 7 The following conditions shall be required.• With the exception of any modifications required by any of these conditions or as a result of Development Site Plan Review, the site shall be developed substantially in conformance with the Site Plan entitled "Variance Exhibit of Lot `B ' as shown on Property of Russell Ward " dated April 18, 2014, and prepared by Digital Survey Services LLC and the elevation drawings contained in the application. 2. There shall be no commercial use of the garage. Use of the garage for the repair of motor vehicles and similar activities customarily associated with a single family dwelling is peYmitted but shall not exceed the criteria established for a`Home Occupation, ' as defined in Section 111 of the Ciry Zoning Ordinance. 3. The on-site septic system shall be evaluated and approved by the Health Department. A letter of approval from the Health Department shall be provided to the Planning Director prior to a building permit being issued. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the Ciry Council of the Ciry of Virginia Beach, Virginia, on the Nineteenth day ofAugust, Two Thousand Fourteen August 19, 2014 -27- Iteyia IV-K.1 PLANNING ITEM #64074(Continued) Voting: 11-0 Council Members Yoting 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 Absent: None August 19, 2014 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 1209 EDISON ROAD 4 5 WHEREAS, Lloyd Tyrone Hines (hereinafter the "Applicant") has made 6 application to the City Council for authorization for the enlargement of a nonconforming 7 use located at 1209 Edison Road in the AG-2 Agricultural Zoning District by the addition 8 of a detached garage to a parcel containing finro (2) single-family dwellings; and 9 10 WHEREAS, two single-family dwellings are located on one parcel at 1209 Edison 11 Road, and two single-family dwellings on one parcel are not currently allowed in the AG- 12 2 Agricultural Zoning District; and 13 14 WHEREAS, the single-family dwellings were built prior to the adoption of the 15 applicable zoning regulations and are therefore nonconforming; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 18 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 19 City Council authorizing such action upon a finding that the proposed use, as enlarged, 20 will be equally appropriate or more appropriate to the zoning district than is the existing 21 use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed use, as enlarged, will be 27 equally appropriate to the district as is the existing nonconforming use under the 28 conditions of approval set forth hereinbelow. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the enlargement of the nonconforming use is hereby authorized, upon the 34 following conditions: 35 36 1. With the exception of any modifications required by any of these 37 conditions or as a result of development site plan review, the site shall be 38 developed substantially in conformance with the site plan entitled 39 "Variance Exhibit of Lot `B' as shown on Property of Russell Ward" dated 40 April 18, 2014 and prepared by Digital Survey Services LLC and the 41 elevation drawings contained in the application. 42 43 44 45 46 47 48 49 50 51 2. There shall be no commerciai use of the garage. Use of the garage for the repair of motor vehicles and similar activities customarily associated with a single-family dwelling is permitted but shall not exceed the criteria established for a`Home Occupation,' as defined in Section 111 of the City Zoning Ordinance. 3. The on-site septic system shall be evaluated and approved by the Health Department. A letter of approval from the Health Department shall be provided to the Planning Director prior to a building permit being issued Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of August , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? r City Attorney's Office 2 R-2. vV . . August 11, 2014 -28- Item IV-K.2 PLANNING ITEM #64075 The following individual registered to speak: Kinzberlie Young, 9529 24"' Bay Street, Norfolk, VA 23518, 401-474-2345, Attorney for Applicant, advised Ms. Meyer has ceased any and all wildlife rehabilitation on the pYOperty and will not resume any activity until such time a Conditional Use Permit is granted by City Council. Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council, DEFERRED INDEFINATELY, Application of MARY MEYER for a Conditional Use Permit for a home-based wildlife rehabilitation activity at 547 Susan Constant Drive (Deferred July 8 and August 5, 2014) DISTRICT S - LYNNHAVEN Yoting: 11-0 Council Members VotingAye: Robert M. Dyer, Barbara M. Henley, Yice 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 19, 2014 -29- Item IV-K.3 PLANNING ITEM #64076 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of ONE SHOT TATTOO for a Conditional Use Permit re a tattoo parlor at 1764 Independence Boulevard BAYSIDE - DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ONE SHOT TATTOO for a Conditional Use Permit re a tattoo paYlor at 1764 Independence Boulevard (GPIN 14 79240082) BAYSIDE - DISTRICT 4 The, following conditions shall be required: 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The hours of operation shall be 10:00 A.M. to 10:00 P.M., seven days a week. 4. The service of tattooing shall only be available to individuals over eighteen (18) years of age regardless of the authorization or attendance of a legal guardian. 5. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A permit shall be obtained from the Planning Department for the installation of any signage. 6. The parking area shall be restriped to conform to the submitted Site Plan prior to the issuance of a Certificate of Occupancy. A permit for the restriping work shall be obtained from the Planning Department, Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107()g of the Zoning Ordinance. Adopted by the City Council of the Ciry of Virginia Beach, Virginia, on the Nineteenth day of August, Two Thoatisand Fourteen August 19, 2014 -30- Itent IV-K.3 PLANNING Voting: 11-0 ITEM #64076(Continued) Council Members Yoting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood Council Members Absent: None Louis R. Jones, Amelia N. Ross- Uhrin, Rosemary August 19, 2014 -31- Itenz -IV-K.4 PLANNING ITEM #64077 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Use Permit re a Vocational School at 1300 Diamond Springs Road BAYSIDE - DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Use Permit Ye a Vocational School at 1300 Diamond Springs Road (GPIN 1469II6333) BAYSIDE - DISTRICT 4 The following conditions shall be required: A Certificate of Occupancy, as required by the Building Official's Office, shall be obtained prior to occupancy. 2. Maximum occupancy of classroom size shall be set by the Building Official 's Office. 3. All signage related to this use must be in accoYdance with sign regulations outlined in the Zoning Ordinance and must be in substantial compliance with the design, color and location of the submitted sign exhibit entitled, "Exterior Building Sign Design. " The sign shall be constructed of raceway- mounted channel letters with L.E.D. illumination. 4. The proposed awning must be in substantial compliance in design, coloYing and location of the submitted awning exhibit entitled, "Awning Design. " 5. In the event that the existing large evergreen shrub/tree located on the southeast faqade of the building is removed, everg-reen shrubs shall be installed along the fagade in order to create a continuous hedge. Thi.s 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 Nineteenth day ofAugust, Two Thousand Fourteen August 19, 2014 -32- Item IV-K.4 PLANNING ITEM #64077(Continued) 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 Coiincil Members Absent: None August 19, 2014 -33- Item -IV-K.S PLANNING ITEM #64078 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED AS PROFFERED, BY CONSENT, Application of LILLEL FARMS, INC. for a Change o,f'ZoninQ from PD-H2 Planned Development [A-24] to P-1 Preservation to preserve open space at 2120 and 2150 Centerville Turnpike CENTERVILLE - DISTRICT 1 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LILLEL FARMS, INC. for a Chan e o Zonin from PD-112 Planned Development [A-241 to P-1 PYeservation to preserve open space at 2120 and 2150 Center-ville Turnpike (GPIN 1464081683) CENTER VILLE - DISTRICT 1 The following condition shall be required.• An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of August, Two Thousand Fourteen Voting: 11-0 Council Members VotingAye: Robert M. Dyer, Barbara N Shannon DS Kane, Brad M Hammond, Mayor William D. Wilson and James L. Wood Henley, Vice Mayor Louis R. Jones, rtin, John D. Moss, Amelia N. Ross- Sessoms, Jr., John E. Uhrin, Rosemary Coatncil Members Absent: None August 19, 2014 -34- Item -IV-K.6 PLANNING ITEM #64079 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, DEFERRED INDEFINATELY, BY CONSENT, Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change o ZoninQ f?'om AG-1 Agricultural to Conditional R-1 S Residential re single family dwellings at 1864 Indian River Road (deferred by Ciry Council on February 25, 2014) PRINCESS ANNE - DISTRICT 7 Voting: 11-0 Council Members Yoting Aye: Robert M. Dyer, Barbara M. Shannon DS Kane, Brad Ma Hammond, Mayor William D. Wilson and James L. Wood Henley, Vice Mayor Louis R. Jones, rtin, John D. Moss, Amelia N. Ross- Sessoms, Jr., John E. Uhrin, Rosemary Council Members Absent.• None August 19, 2014 -35- Item -IV-K.7 PLANNING ITEM #64080 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, DEFERRED TO SEPTEMBER 16, 2014, BY CONSENT, Application of PRINCESSBORO DEVELOPMENT for a Conditional Change of Zonin? from AG-2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road re a retail landscape and garden nursery PRINCESS ANNE - DISTRICT 7 Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood Council Members Absent: None Louis R. Jones, Amelia N. Ross- Uhrin, Rosemary August 19, 2014 -36- Itein -IV-K.8 PLANNING ITEM #64081 The,following individual registered to speak: Petcr Schultz, 1444 Diamond Springs Road, Phone: 285-7383, advised that the concerns he raised in his email ofAugust 19, 204, have been addressed and a condition has been added. Upon motion by Vice Mayor Jones, seconded by Councilman Martin, City Council, APPROVED AS PROFFERED, Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional Chan?ze o Zoniny from B-2 Community Business to Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road (deferred by Ciry Council on April 8, 2014) BAYSIDE - DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of NORTHAMPTON EXECUTIVE CENTER, LLC for a Conditional ChanQe of ZoninQ fYOm B-2 Community Business to Conditional A-36 Apartment District re apartment units at 1300 Diamond Springs Road (deferred by City Council on April 8, 2014) (GPINs 1469211894 and 1469116333[portion ofJ) BAYSIDE - DISTRICT 4 The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court Thi.s Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day ofAugust, Two Thousand Fourteen 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, RosemaYy Wilson and James L. Wood Council Members Absent.• None August 19, 2014 -37- Itenr -IV-K.9 PLANNING ITEM #64082 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, APPROVED AS PROFFERED, BY CONSENT, Application of BREEDEN INVESTMENT PROPERTIES, INC. for a Conditional Chanize o Zoning from B-2 Community Business and R-SD Residential Duplex to A-36 Apartment re multifamily dwelling units at Dolton and Alicia DYives BAYSIDE - DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BREEDEN INVESTMENT PROPERTIES, INC. for a Conditional Change o Zoning from B-2 Community Business and R-SD Residential Duplex to A-36 Apartment re rreultifamily dwelling units at Dolton and Alicia Drives (GPINs 1477300528; 14773003901; 1477304994; 1477303707; 1477305877; 1477304767; 1477305756; 1477305643 and 1477300528) BAYSIDE - DISTRICT 4 The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of August, Two Thousand Fourteen Voting: 11-0 Cozincil Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood Council Members Absent: None Louis R. .Iones, Amelia N. Ross- Uhrin, Rosemary August 19, 2014 -38- Item -IV-K.l Da/b/c/d PLANNING ITEM #64083 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, Ciry Council, DEFERRED INDEFINATELY, BY CONSENT, Ordinance to AMEND the provisions of the Public Works Design Staiadards Manual: a. ADD Section 209.3 for Temporary Commercial Parking Lot Standards to conform with Sections 246, ISOl, 5.3.7 and 62.6 of Appendix 1 of the City Zoning Ordinance (CZO) b. Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 61, 6.3 and 7.1 of the Subdivision Regulations (Appendix B) c. Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) 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, JY., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None August 19, 2014 -39- Itenz IV-K.11 a PLANNING ITEM #64084 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, DEFERRED TO SEPTEMBER 2, 2014, BY CONSENT, Ordinances to AMEND the Ciry Zoning Ordinance (CZO): a. Section 211 re signage for schools Voting: 11-0 Coirncil 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 Absent: None August 19, 2014 -40- Item -IV-K.11 b PLANNING ITEM #64085 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council, ADOPTED, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance (CZO): b. Sections 209.1 and 401 allowing farm breweries as a permitted use in AgYicultural Zoning Districts and setting forth regulations 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 Absent: None August 19, 2014 1 AN ORDINANCE TO AMEND SECTIONS 209.1 AND 401 OF 2 THE CITY ZONING ORDINANCE, ALLOWING FARM 3 BREWERIES AS A PERMITTED USE IN AGRICULTURAL 4 ZONING DISTRICTS AND SETTING FORTH REGULATIONS 5 PERTAINING TO SUCH USE 6 7 Sections Amended : City Zoning Ordinance Sections 209.1 and 8 401 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That Sections 209.1 and 401 of the City Zoning Ordinance are hereby amended, 17 to read as follows: 18 19 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 20 ALL DISTRICTS 21 22 .... 23 24 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 25 PARKINGl ANB OFF-STREET LOADING AND CERTAIN USES 26 27 .... 28 29 Sec. 209.1. Farm wineries and farm breweries. 30 31 (a) License required. No farm winery or farm brewerv shall be operated 32 unless it is licensed as such by the Virginia Alcoholic Beverage Control Board pursuant 33 to the applicable provisions of .. the Virqinia Alcoholic Beveraqe 34 Control Act. 35 36 (b) Lot area. The minimum lot area for farm wineries and farm breweries shall 37 be two (2) acres, the entirety of which shall be in the agricultural district. No farm winery 38 or farm brewerv shall be located on any lot that is subject to a conditional use permit 39 allowing alternative residential development pursuant to section 405. 40 41 (c) Allowed uses at farm wineries. The following uses and activities are 42 permitted at farm wineries, provided that such uses and activities are not inconsistent 43 with an establishment's farm winery license: 44 45 (1) The production and harvesting of fruit and other agricultural 46 products and the manufacturing of wine; 47 48 (2) The on-premises sale, tasting, or consumption of wine or beer 49 during regular business hours within the normal course of business 50 of the farm winery; 51 52 (3) The direct sale and shipment of wine by common carrier to 53 consumers in accordance with applicable provisions of 6ede o# 54 ViFgiRia ?- the Virginia Alcoholic Beveraqe Control Act and 55 regulations of the Virginia Alcoholic Beverage Control Board; 56 57 (4) The sale and shipment of wine to the Virginia Alcoholic Beverage 58 Control Board, licensed wholesalers, and out-of-state purchasers in 59 accordance with applicable provisions of .. the 60 Virqinia Alcoholic Beveraqe Control Act, regulations of the alcoholic 61 beverage control board, and federal law; 62 63 (5) The storage, warehousing, and wholesaling of wine in accordance 64 with ..4- the Virqinia Alcoholic Beveraqe 65 Control Act, regulations of the Virginia Alcoholic Beverage Control 66 Board, and federal law; and 67 68 (6) The sale of wine-related items that are incidental to the sale of 69 wine. 70 71 (d) Allowed uses at farm breweries. The followinq uses and activities are 72 permitted at farm breweries provided that such uses and activities are not inconsistent 73 with an establishment's farm brewery license: 74 75 1 The on-premises sale tastinq or consumption of beer durinq 76 regular business hours within the normal course of business of 77 such licensed brewerv; 78 2 79 2 The direct sale and shipment of beer in accordance with applicable 80 provisions of the Virqinia Alcoholic Beveraqe Control Act and 81 requlations of the Alcoholic Beveraqe Control Board; 82 83 3 The sale and shipment of beer to licensed wholesalers and out-of- 84 state purchasers in accordance with applicable provisions of the 85 Virginia Alcoholic Beveraqe Control Act requlations of the Alcoholic 86 Beveraqe Control Board, and federal law; 87 88 4 The storaqe and warehousinq of beer in accordance with applicable 89 provisions of the Virqinia Alcoholic Beveraqe Control Act, gp requlations of the Alcoholic Beveraqe Control Board, and federal 91 law; and 92 93 5. The sale of beer-related items that are incidental to the sale of 94 beer. 95 96 (4) (e) Special events. Special events shall be permitted up to six (6) times per 97 year. For purposes of this section, a special event is an event conducted at a farm 98 winery or farm brewerv on a single day for which attendance is allowed only by 99 invitation or reservation and whose participants do not exceed fifty (50) people. Special 100 events include, but are not limited to, meetings, conferences, banquets, dinners and 101 other events held for the purpose of marketing wine or beer or at which consideration is 102 received by the farm winery or its agents. Special events do not include private personal 103 gatherings held by the owner of a licensed farm winery or farm brewerv who resides at 104 the farm winery or farm brewerv or on property adjacent thereto that is owned or 105 controlled by such owner at which gatherings wine or beer is not sold or marketed and 106 for which no consideration is received by the farm winery or farm brewery or its agents. 107 108 The city council may, by conditional use permit, authorize the number of special events 109 per year to exceed six (6) or the number of allowed participants to exceed fifty (50), or 110 both. 111 112 (e) No kitchen permitted by the health department as a commercial kitchen 113 shall be allowed in conjunction with a farm winery or farm brewerv. Such kitchens may 114 be used by licensed caterers for the handling, warming and distribution of food, but not 115 for cooking food, to be served at such special events or festival. 116 117 (fl Outdoor amplified music shall be prohibited. 118 3 119 .... 120 121 ARTiCLE 4. AGRICULTURAL DISTRICTS 122 .... 123 124 Sec. 401. Use Regufations. 125 126 (a) Principal and conditional uses. The following chart lists those uses 127 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 128 the respective agricultural districts shall be permitted as either principal uses indicated 129 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an 130 "X" shall be prohibited in the respective districts. No uses or structures other than as 131 specified shall be permitted. 132 133 Use AG-1 AG-2 134 135 Farm wineries and farm breweries, subject to the 136 provisions of section 209.1 P P 137 138 .... 139 COMMENT 140 141 The amendments allow farm breweries as a permitted principal use in Agricultural 142 Districts and set forth provisions regarding the allowed activities at farm breweries. The 143 amendments are necessary as a result of legislation enacted by the 2014 General Assembly. 144 Technical, non-substantive changes to state law references have also been made in Section 209.1. 145 146 19th 147 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 148 August ,2014 APPROVEQ AS TO CONTENT: APPROVED AS TO LEGAL S`UFFICIEN4: Planninb Ctipartment CA-13047 R-1 June 16, 2014 Cify Attorney's Office 4 -41- ITEM IV-L APPOINTMENTS ITEM #64086 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: DAVID FRANCE Unexpired term plus three year term 011011201 S-12/31/2017 and REAPPOINTED J. REESE SMITH, JR. DENNIS SOBOTA Three year term 01 /01 /201 S-12/31 12017 CHESAPEAKE BAY PRESERVATION BOARD Voting: 11-0 Council Members Poting 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 Absent: None August 19, 2014 -42- ITEM IV-L APPOINTMENTS ITEM #64087 Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED: WILLIAM R. ALMOND JASON BARNEY JANE BARRETT-McDANIELS R. EDWARD BOURDON, JR. JOSHUA D. CLARK JEANNE EVANS-COX CHRISTY EVERETT - Ex Officio ANDREW FINE KAREN FORGET MYRINA L. GAGLIONE WAYNE McCOY ROBERT MILLER, I77 JOHN OLIVIERI EMILYSTEINHILBER One year term 1010112014 - 0913012015 GREEN RIBBON COMMITTEE Voting.• 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood Council Members Absent: None Louis R. Jones, Amelia N. Ross- Uhrin, Rosemary August 19, 2014 -43- ITEM IV-L APPOINTMENTS ITEM #64088 Upoia NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: DEBBIE L. BRIGHT KIMBERLE RIZZO Yoti ng: 11-0 Cozincil Members Voting Aye: Three year term 11/01/2014 -10/31/2017 HISTORICAL REVIEW BOARD Robert M. Dyer, Barbara M. Henley, Vice Mayo Shannon DS Kane, Brad Martin, John D. Moss, Hammond, Mayor William D. Sessoms, Jr., John E. Wilson and James L. Wood Council Members Absent: None r Louis R. Jones, Amelia N. Ross- Uhrin, Rosemary August 19, 2014 -44- ITEM IV-M UNFINISHED BUSINESS ITEM #64089 BY CONSENSUS, Ciry Council RESCHEDULED the City Council Meeting from November 4, 2014 (Election Day) to November 18, 2014, as well as November 11, 2014 (Veteran's Day) to November 25, 2014. August 19, 2014 -45- Item -IV-N ADJOURNMENT ITEM #64090 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:I4 P.M. l? munda Finley- arnes, C C Chief Deputy City Clerk th Hodges Fraser, MMC City Clerk Ciry of Virginia Beach Virginia William D. Sessoms, Jr. Mayor August 19, 2014