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NOVEMER 25, 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, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 25 NOVEMBER 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.corn I. CITY COUNCIL BRIEFING - Conference Room - A. TRANSITION AREA POLICIES AND DESIGN GUILDINES COMPREHENSIVE PLAN AMENDMENT Linwood Branch, Chair, Transition Area/ITA, Citizen's Advisory Committee Jeryl R. Phillips, Comprehensive Planning Coordinator II. CITY MANAGER'S BRIEFINGS A. OCEANFRONT INITIATIVE Danette Smith, Director, Human Services Department B. COLLIER BUILDING RENOVATION Dave Hansen, Deputy City Manager C. ARENA TERM SHEET Doug Smith, Deputy City Manager D. PENDING PLANNING ITEMS Jack Whitney, Director, Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL C. RECESS TO CLOSED SESSION 3:00 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James H. "Bubba" Pugh, Jr., Pastor Rugged Cross Cowboy Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS November 18, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES 1. Ordinances to AMEND the City Code: a. §2-83.3 re Policy on City Employees remuneration for Jury Duty b. §2-208.1 re Waiver of fees for reissuance of checks or IRS forms 2. Ordinance to MODIFY the Virginia Beach Rescue Squad's interest-free loan to reduce the annual repayment from $250,000 to $150,000 3. Ordinance to AUTHORIZE and EXECUTE a Franchise Agreement with East Coast Valet Company, LLC re Valet services in the public right-of-way along 21st Street 4. Ordinance to ACCEPT and APPROPRIATE a $1000 "Keep Virginia Beautiful" Grant to purchase recycling containers for Little Island Signature Park I. PLANNING 1. Application of ALFRED W. and VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST for Enlargement of a Nonconforming Use Permit, (approved May 12, 2009) re addition of a driveway and parking spaces at 5504 Ocean Front Avenue DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of LARAE TUCKER and PMIG 1012, LLC for Modification of a Conditional Use Permit re fuel sales at a Convenience Store (Modified May 1, 1989) at 841 South Military Highway DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 3. Applications of GENERAL BOOTH STORAGE ASSOCIATES, LLC and MARK IV INVESTMENTS, INC. (approved June 10, 2003) at 1744 General Booth Boulevard and. 1188 Edison Road DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to B-2 Community Business District b. Modification of a Conditional Use Permit re indoor storage of recreational vehicles RECOMMENDATION: APPROVAL 4. Application of ST. LUKE CATHOLIC CHURCH and the ROMAN CATHOLIC DIOCESE for Modification of Condition No. 5 of a Conditional Use Permit (approved January 26, 2010) re extending the use of existing portable trailers on-site at 2304 Salem Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 5. Application of T -MOBILE NORTHEAST, LLC and DOMINION VIRGINIA POWER for a Conditional Use Permit re a wireless Communications Tower at 1948 South Independence Boulevard DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL J. APPOINTMENTS BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION PLANNING COMMISSION RESORT ADVISORY COMMISSION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT 11 /25/ 14/st ***************************** 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 MEETINGS REMAINDER OF 2014 DECEMBER 2ND INFORMAL AND FORMAL SESSION — OPEN DIALOGUE DECEMBER 9TH INFORMAL AND FORMAL SESSION CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:00 PM 2014 CITY HOLIDAYS Thanksgiving Day and Day after Thanksgiving — Thursday, November 27 and Friday. November 28 Christntas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 -1 - VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 25, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Briefing, in the City Council Conference Room, Tuesday, November 25, 2014, at 3:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, James L. Wood and Rosemary Wilson Council Members Absent.• None November 25, 2014 -2 - CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 3:00 P.M. Mayor Sessoms welcomed Linwood Branch, Chair, Transition Area/ITA Citizen's Advisory Committee, and Jeryl R. Phillips, Comprehensive Planning Coordinator. Mr. Branch expressed his appreciation to City Council and advised this Briefing is to provide the recommendations of the Committee: The Transition Area is where the Northern, more suburban part of the City, transitions into the Southern and more Rural part: November 25, 2014 -3 - CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 (Continued) The Committee was charged with their task: March 12, 2013 City Council Resolution: "To become familiar with, and provide advice to the City Council concerning, the provisions and recommendations of the Comprehensive Plan pertaining to the Transition Area and ITA, including, without limitation, Chapter Four (Princess Anne Commons & Transition Area), the Transition Area Design Guidelines,the ITA & Vicinity Mater Plan, and all future amendments to' the Comprehensive Plan and studies related to the Transition Area or ITA." Members of the Committee: Linwood Branch, Chair Dr. William Brown, M.D. John W. Cromwell Dawn Flora James Fox Diana Hicks Ex -Officio: Dr. Karen Beardslee Kwasny, Ph.D. Commissioner Donald Horsley Councilmember Barbara Henley Michael Newbill Mary Pace Robert Rountree (NAS Oceana) Robert White November 25, 2014 -4 - CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 (Continued) The Committee has had the expertise of eight (8) different City Departments as Staff Advisors: Planning Robert lla4is, St Jowl Phillips Karen Proeailo Stephen While Iff I Iaisoii r r'ee iasrev City Attorney Bill Micah Rod Ingrain Kay Wiiaon Parks & Recreation ara Duke ..'4ayneWilcox Public Utilities Rob Clark Dad id Iliac }'.xoPTImerencl fri Public Works/Stormwater Management Bill Johnston Public Works/Traffic Engineering Robert Ges Ric LAM/ :111 Public Works/Transportation Phil Pull David Jarman Virginia Beach City Public Schools Donald Greer The Committee met every month and in February decided their time would be is best spent focusing on recommendable Amendments to the Comprehensive Plan: ▪ February i3 - May 8: 9 workshops u itlt Citi ° Departments • April 28: Public Meeting • June 24: Special Committee Meeting • August 12: City Council Brief • August 27: Special Committee Meeting o- November 12: Planning Commission Brief November 25, 2014 -5 - CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 (Continued) Mr. Branch advised the residents in this area care about the future of this area as is evidenced by their participation during this process. He is proud that the Tidewater Builders Association endorsed the proposed recommended amendments and a copy of this letter from TBA is here made a part of these proceedings: • April 28, 2014: Public Meeting on Draft Committee Recommendations Red Mi i EknientuyShool (>no attendcc ) s April 21 - May 29, 2014: Stakeholder Focus Groups City S','aff • November 12, 2014: TBA Endorsement Lette Below is a summary of the Planning Commission Briefings and Input: ▪ Planning Commissioner Ex -Officio Member • April 1, 2014: TA Orientation and Driving Tour w/staff Chair and `,'lire Chair April 10, 2014: Committee Workshop 'h,:ir nd ti`iee t'hair ▪ April 18, 2014: Committee Preliminary Report and Initial Draft Recommendations ▪ April 21, 2014: Planning Commission Special Workshop Rcceived input from 1'tanoing Ccnmlissien ▪ May 8, 2014: Committee Workshop to consider public input • May 12, 2014: PC and Committee Chairs' Meeting with TBA • November 12, 2014: Planning Commission Brief Mr. Branch introduced Ms. Jeryl Phillips to discuss the next part of the Briefing: November 25, 2014 -6- CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 (Continued) Ms. Phillips advised she served as the Staff Liaison to this Committee: tE*10014tiortiii 111" - AMEN DM. ENTS TO COME RE.11 EN S E ELAN POLICY DOCUMENT. CHAPTER 4: PRINCESS ANNE & TRANSITION ,AKEA < AM EN DM EINES '1'0 'FRANS ITIoN AREA DESIGN (I IDELIN ES ANI) ADOPT By REFERENCE AS PART OFTHE COM P REU EN SIVL-. ELAN LIP DATED TR A N s IT ION ALA.,' (FEN S PAC AND 1RAILS NET 1V 0 R. I( MAP (NOV EA1 B t< 2 0 1 4 ) ;',-nicniiincut,,-, tc t:::(1, pcel PRINCESS ANNE & TRANSITION AREA Cr, OF,NG '0 COMPREHCNSIVE PLAN - - November 25, 2014 -7 - CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 (Continued) Below are the recommended Amendments to the Comprehensive Plan: cha; PRINCESS ANNE & TRANSITION AREA Detailed Transition Area (TA) description Updated TA vision statement Decouples shared recommendations for Princess Anne & Transition Area -. tuffs €crit art,a, below the.'f;ren Line', d ft tents tsi .l ' rnilarenv ironme ntsl amnst atnti Specific recommendations for the TA, based on updated vision statement elrai3nient and Guiding Principles: • Quality development • - Planning mix of public and private uses • Exceptional' open spaces • Design with nature sr nuc n. Added detailed TA Map References TA Design Guidelines as "incorporated by reference as part of the Comprehensive Plan". References updated TA Open Space and Trails Network Map (see revised map handout) All items below are already included in the Comprehensive Plan and the items underlined are the recommended Amendments: Development and Uses Lose -density residential Low -intensity non-residential (neighborhood -serving, It eated at nimor roadway intersections, AICUZ compatible) Open sliace and recreational Agricultural Should require limited roadway ifnprosentents (e.g. turn bans) Avoid tlnodplttias Design with nal development Showcase natural re Creative, high quality design Minin t ize impervious surfaces Address stbrinxrater ma nagenten t regulations as site amenities Del iberaiely incorporate open space Protest historic resources Consider context when proximate to "Special Places" 'RuralTtnnsiitional" arelai teclunal thence Qom- s tyle,;fencins; November 25, 2014 -8 - CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 (Continued) Ms. Phillips advised "Open Space and Recreation" should be the development design focus. The Committee recommends the 50% goal of open space should carry forward to residential properties but reduced to 30% for commercial properties. It is important to have a balance of "active" and "passive" areas. The goal is to be able to move about the Transition Area easily by use of multi-purpose trails network. The recommended Amendments include connection to public sanitary preferred and seek reservations or dedications for planned road improvements: I,1 Open Space and Recreation Should be developn0 rri drisi e focus C oal:5o (resit -La and (1 i,_Cnc3r- 10 icl.) of developable aiea set aside (0s 50%for za11) Balance of and "llassi1 11100 Roadi+ 10 buffer's i -1r mid. and aon 1irsicl) 1),piens 0c'eandu e ifrn1 via multi- n sisc tta isnctt10 1 " Infrastructure Availability and adequacy is parami "adequacy" term is existing Comp Plan policy language Discretionary development approval: only if infrastructure can support leu r<ll road s, ruerrta]: an blit iulras via r preform elf reservations S1 dedications 1 111nnc't1 road imprQ1't_r11P010 s per NTH') }5i Cn3S alpplo<1el1 tq Cfotlti)0 Id o derly ext110<11in Io lure over 1n 1 t lic san itar e Below are the recommendations for Residential and Non -Residential Design Guidelines: Residential Design Design with nature Density. Avg,. mac. ealculatcd of up. DU per developable acre find 110 more ciao Bo earned throul,h conformity 1nthT0Design Gudeunes +ttrrtsrturzt 101 t0_rforfiliaeuceD5iiir0 43 ex ;al al clei1 pastil) n 0x1)1111 open Transitional' architect .clqi611121,10j.Ara. e areas Non -Residential Design Ile ,. ;n with nature "Rural 't1-0..sitionar architectural b ere 01).0110sq.f.10P1pnn,sic;3 ttu10. 1.luci rs of individual t niE;3'a tgo lace{ ^rred 0 i..ipba is000101)1155 uandselpiva I Ideyto re1_orside 0.11113.! fgornrciaiter facilities not iscic iccl hrt}iretd LuiI 1. s m i. ar}criiues Consider multi -.Ste R31Bs Evktere feasible. Trait connectivity to residential areas November 25, 2014 -9- CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 (Continued) Design Guidelines were adopted in 2003 and have remained the same since: Al 2\ !).e:'; ltqmpgbioggig:sggkf„,mpgg!Iovpgggggp-Bntsgfsimgivame.purrtex4smm:rggpnm,l.,I,,,,..,,,,,,„„,,.:: Location Vision Statement Destination Centers in the Transition Area Development Planning Considerations vt,v" Residential Design Guidelin. Non -Residential Design Guidelines Recommended next steps Glossary Appendices Purpose and Location Development and Uses Design Principles Special Places Linking to the Transition Area Ninnicn,,n:Cent€r l 1,111101, C:111,1" tIllt) [;o11,1,11 1tiqi('onrral f>,tek Open Space and Recreation Infrastructure Appendices Opcn ,t1Ir I Net,•;1' Nta Tn,nninon An a De‘nloinnnntMatnx Ms. Phillips introduced Ms. Barbara Dukes with Parks and Recreation to discuss the next part of the Briefing: November 25, 2014 -10 - CITY COUNCIL'S BRIEFING TRANSITION AREA POLICIES AND DESIGN GUIDELINES COMPREHENSIVE PLAN AMENDMENT ITEM #64329 (Continued) Ms. Dukes advised the map below shows the Open Space and Trails Network in the Transition Area which is the "backbone" of the existing Recreational Network. The map will help developers easily see the open space and will help with connectivity. West Neck Creek Park is a protected Watershed Area and Dozier Boat Launch serves as the water access point for boaters. Equestrian uses are encouraged in the Area and have been developed as part of the new neighborhood. The "main" roads are considered buffer roads and interestingly, Sandbridge, New Bridge and Indian River Roads are all a part of the Scenic Byway, designated by State of Virginia. The City maintains the primary trails and the secondary trails are a mix of hard and soft trails; however, the Committee recommends these trails be asphalt. The main user of the trails will be the folks that live in the neighborhood and, with help, development partners achieve the Vision: TRANSITION AREA OPEN SPACE AND TRAILS NETWORK - NOVEMBER 2014 Mr. Branch advised this area is on the verge of being built -out and the goal is to finish strong. He cannot think of any other City in the Country that has a Transition Area and we need to protect it. Mayor Sessoms expressed his appreciation to Mr. Branch, the Committee and City Staff for their work. November 25, 2014 Eric J. Sasser President I. Reese Smith Jr. Vice president James R Ferber Associate vice president Erin S. Widener Treasurer Douglas C. Smith Secretary Steven E. Lawson Immediate past president Channing A. Pfeiffer Chief executive officer Elected Builder Directors Richard L Bowie Timothy S. Culpepper Christopher J. Ettel Taylor B Grissom Basr 0. Ketandes Lana L. O'Meara Lucky C. Peterson Stephen B. Quick IV Elected Associate Directors Laura M. Arcand Jeffrey L Bruzzesi Williarr'Toby Harris Michael P. Healy Jack H. Lane Brenda K. Reid R Steve Tinkham Edward 0. Yoder Directors Emeriti Edward P Brogan Wrtliam J Fanney Paul J Farrell Richard D. Guy Doyle E. Hull Frederick J. Napolitano Sr. Richard E. Olivieri John H. Peterson Jr. Stanley Waranch Howard M Weisberg Wendell A. White NAHB Past Presidents Frederick J Napolitano Sr. Stanley Waranch NAHB Life Directors Edward P. Brogan L awrence J. Gotdrich Robert A. Lawson Jr. Frederick J Napoletano Sr Frederick J. Napoiitanc II Vincent A Napoletano Michae D. Newsome Michael P. Rashkind Stanley Waranch Howard M Weisberg Wendel! A. White Robert A. Widener HBAV Past Presidents Jeffrey W. Ainslie Lee A Gifford (deceased) David A. Howard (deceased) Fredendk J. Napolitano Sr. Vincent A. Napolitano Michael D. Newsome Theodore S. Schlossman (decease( Douglas W. Talbot Stanley Waranch David Redmond Chair Virginia Beach Planning Commission 2401 Courthouse Drive Building 1 Virginia Beach, Virginia Mr. Redmond, Tidewater Builders Association has reviewed the Comprehensive Plan Update as it relates to the TA. Its members understand the intent of the document is not for the TA to become part of the urbanized area north of the Green Line, nor is it intended that the TA be limited to the very low densities appropriate for rural area preservation. As you know, the Virginia Beach Transition Area (TA) is strategically located below the 'Green Line,' between the more urbanized suburban areas of the city to the north, and the rural areas to the south. The 'Green Line' itself is the boundary between the more densely populated and higher intensity urban and suburban land use areas of the city to the north and the less -populated lower density, recreational and rural areas to the south. Respectively, the urbanized north is historically intended to be served by a full range of public infrastructure and services, whereas the southern suburbanized region just north of the green line is characterized by an abundance of natural resources and larger open spaces, including federal, state and local parks. These areas remain an important component of the city's overall smart growth land use planning strategy. After reviewing the amendments to the TA's Comprehensive Plan Update, the Tidewater Builders Association understands the changes made to the plan are mostly meant to clarify the scope and direction of the current plan's vision of the Transition Area, define active open space and how it should be provided and sets minimum lot sizes. TBA found no other significant changes or alterations in the document. Therefore, given the scope of the proposed revisions and taking into account the conversations the city had with community stakeholders, the association finds that the alterations to the document are appropriate. Joshua Clark SVP Builder Services Tidewater Builders Association ABA 1Tdenater Builders (1,1'so(iatiou 2117 Smith Avenue, Chesapeake, VA 23320-2515 • Phone: (757) 420-2434 ♦ Fax (757) 424-5954 < www.tbaonllne.org Affiliated with the Home Builder` Assouation of Virginia and the National Association of Home Builders -11 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 3:45 P.M. Mayor Sessoms welcomed Danette Smith, Director — Human Services. Ms. Smith advised they created a Team to help with the outreach of the Homelessness problem at the Oceanfront. The Police and Housing and Neighborhood Preservation Departments partnered with Human Services: City of Virginia Beach Enhanced Outreach Initiative Pilot Program Department of Housing & Neighborhood Preservation Departmental' Human Services Virginia Beach Police Department Andrew M. Friedman, Director Housing & Neighborhood Preservation Dannette R. Smith, Director Human Services tames A, Cervera. Chief Virginia Beach Police Presented this day: Tuesday, November 25, 2014 to the: Virginio Beach City Council Below is Vision for the Outreach of the program: Virginia Beach Oceanfront Vision Resort visitors and citizens have a positive experience at the Virginia Beach Oceanfront Rapidly move homeless persons into coordinated services and housing November 25, 2014 -12 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Below are examples of Homelessness in the Community: Virginia Beach Oceanfront Examples of activities of the homeless population around the resort area. Staff reached out to the business community, citizens and visitors and below are the concerns heard: Virginia Beach Oceanfront Oceanfront Community Concerns Complaints from concerned citizens, business owners, and visitors regarding incidents of low level conduct disorders and homelessness. Increased number of homeless persons congregating on the boardwalk, in public parks, and public restrooms. Issuing criminal summonses have minimal effect in reducing sleeping in public places, alcohol related offenses, or trespassing. Location of homeless encampments in wooded areas around the Oceanfront. November 25, 2014 -13 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Below are the program objectives: Virginia Beach Oceanfront Program Objectives Enhance outreach to and engagement of homeless persons in and around the Oceanfront. Assist and provide coordinated support to persons experiencing homelessness and tri -morbidity conditions (i.e. psychiatric, substance abuse and/or chronic medical condition). Align homeless services by utilizing the coordinated assessment tool to ensure effective service delivery and compliance with HUD requirements. Reduce unwanted behaviors exhibited at the Oceanfront. Below is the City's Response to the concerns: Community Partnership Response City Response An intensive "pilot program" to engage and support homeless persons in moving out of homelessness (July 2014 through November 2014). Address tri -morbidity conditions through a comprehensive "triage/wrap model" that includes strong community collaboration, services, and peer engagement. Strengthening a collaborative relationship between the City of Virginia Beach departments and community partners resulting in positive engagement of individuals living on the Oceanfront. November 25, 2014 -14 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) The Pilot Program, comprised of six (6) individuals, who had been previously homeless and hired them as part-time employees to serve as Outreach Peer Specialists: Community Partnership Response Oversight was provided by the Human Services Department. Six (6) part-time contractual Outreach Peer Specialists known as the "Pinkies" were hired. The Outreach Peer Specialists are former homeless individuals who have tri -morbidity characteristics. Having overcome their conditions, these individuals were able to effectively engage and encourage the use of community support services. The Outreach Peer Specialists work flexible hours as Homelessness has no specific time and wanted to make sure we were available as much as possible: Community Partnership Response Outreach Peer Specialists Worked flexible hours (early mornings, late nights, and weekends) Partnered with the: Virginia Beach Police Department (VBPD), Second Precinct Human Services Department (HSD)/Projects for Assistance in Transition from Homelessness (PATH) Unit Department of Housing & Neighborhood Preservation Department (DHNP) "Triaged" homeless persons ultimately moving them into services and or housing. November 25, 2014 -15 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Below are the daily and weekly requirements of the Peer Specialist: Community Partnership Response Outreach Peer Specialists (continued) • Reported daily on the progress and activities at the Oceanfront to the PATH Supervisor. • Participated in weekly cadence calls held each Thursday afternoon with stakeholders to continually review data and align program services to effectively meet the needs of the community. Below is a list of the Community Partners: Community Partnership Response Our Community Partners Include Hope in the Upper Room Police Department Hotel Association Resort Management Department of Housing & Restaurant Association Neighborhood Preservation Samaritan House Human Services Department Stand Up for Kids Judeo Christian Outreach Center The Healing Place Library Department Volunteers of America PIN Ministry Wounded Warrior Program November 25, 2014 -16 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Below is the Funding Strategy for the Pilot Program: Pilot Program Current Funding Pilot Program Funding Strategy The pilot program was funded by: Housing & Neighborhood Preservation Human Services Virginia Beach Police, Second Precinct The three (3) departments shared an equal dollar amount to fund the pilot program costs from July 2014 through November 2014. The cost of the Outreach Peer Specialists was based on the General Pay Plan of a full-time Eligibility Worker and payroll was managed by the Judeo Christian Outreach Center (JCOC) to include overhead costs. Below is the Pilot Program Budget; however, because of traffic on the Oceanfront, we are using only 4 of the Outreach Workers: Pilot Program Current Funding Pilot Program Funding Time Period Outreach Workers 6 Outreach Workers Cost $ 27,900 Assistance Costs $ 3,400 Operational Costs $ - Staffing Costs (a) $ Total $ 31,300 July -Oct 2014 November 2014 Funding divided equally 3 departments 4 $ 9,552 $ - $ 9,552 3 departments November 25, 2014 -17 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Below is the data of all persons served since July 14, 2014: Pilot Program Statistics To Date July 14, 2014 to November 15, 2014 Adult Served Children Served Ethnicity 67 females 5 female Caucasian 162 186 males 5 males African American 75 1 transgender Unknown 14 American Indian 2 Hispanic 1 Adult Aqe Range 18 — 30 42 31-50 52 51— 61 40 62 and over 4 Unknown 116 Families with children served 9 Total Served: 254 adults / 10 children Approximate totals Pilot Program Statistics To Date Housing Return Home (Transportation) 22 *Housed (CAMG, Private, SRO) 16 Virginia Beach Veteran's Boot Camp Referrals 12 Total: 50 Sheltered Judeo Christian Outreach Center 7 Volunteers of America 5 Cassidy House 1 Mental Health Substance Abuse/LINK 1 Total: 14 *Through Connection Point (coordinated assessments) November 25, 2014 -18 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Below is the number of referrals; however, it is important to note that it takes multiple attempts/interaction to help move Homeless forward and off the street: Pilot Program Statistics To Date PIN Ministry (55) Potter's House (29) Healing Place (5) PATH (%1 Recovery Center (15) 100C (10) a Stand Up for Kids (15) a Magic Hollow (15) a Veterans (12) a STOP (1) VOA (5) a Connection Point (20) SNAP/SNAPET (2) Hospital/ER (15) Program Referrals Total engagements: 443 (90% homeless) Police Chief Cervera expressed his appreciation to everyone that has contributed to this project but he cannot take any credit for initiation. Captain Adams, Commanding Officer of the 2nd Precinct approached him with the idea and he is proud this idea came from the line operational level. Captain Adams advised this is a multi -tiered approach but it is important to share crime data. The data below is concentrated on the 2400 Block of Atlantic Avenue: Police Data: July 1, 2014 - October 14, 2014 60 50 40 30 20 10+ 0 Charges (Arrests) Total: 105 Targeted Areas for Service 24" Street Beach to Atlantic 2400 Block "Boardwalk" 2400 Block Atlantic Avenue Area around & including 24th St Park November 25, 2014 -19 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) The total calls for service was 120 with the most prevalent call being public intoxication. It is important to note the assault charges are mainly within Homeless population: Police Data: July 1, 2014 - October 14, 2014 45 40 35 30 25 20 Calls for Service Targeted Areas for Service 24`h Street Beach to Atlantic 2400 Block Atlantic Avenue 2400 Block "Boardwalk" Area around & including 24' St Park Chief Adams advised there were a total of 48 Police Reports taken during the timeframe in and around the 2400 Street Corridor: Police Data: July 1, 2014 - October 14, 2014 14 12 Cases requiring a Police Report Total cases: 48 6 4 0 C4 Qaz oFec wee Targeted Areas for Service 24' Street Beach to Atlantic 2400 Block 'Boardwalk" 2400 Block Atlantic Avenue Area around & including 24" St Park November 25, 2014 -20 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) The Police realized this is a much broader problem and began meeting with Civic Organizations, Service Providers, Civic Leagues and the Resort Area Management Department to address the problem: The City of Virginia Beach Team Virginia Beach Police Successes Community providers and key stakeholders partnered with the VBPD in recognizing that homelessness is a community concern and actively engaged in the efforts and strategy to resolve the problem. VBPD and Resort Management collaborated to work swiftly in removing unsightly items/debris in public areas. Enhanced communication between the VBPD and the Oceanfront Initiative partners has resulted in immediate access to resources that helped facilitate the delivery of coordinated services to homeless persons. The City of Virginia Beach. Team Virginia Beach Police Challenges VBPD efforts in addressing the homeless issue alone were ineffective. Enforcement efforts of alcohol violations by arrest are immediate short term remedies, but ineffective as a long-term strategy. Interdiction convictions carry a mandatory one-year sentence, but persons are released within a few months to return to the homeless community without a connection to services. November 25, 2014 -21 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Andy Friedman, Director — Housing and Neighborhood Preservation advised they had challenges in obtaining data but identified 64 people that are now off the street and living in housing or shelters. The ultimate goal is to help them move into housing: The City of Virginia Beach Team Outreach Team's Successes • Through consistency of outreach efforts and visibility, the Team gained the respect and confidence of stakeholders. • The result of outreach engagements, pre -triage, data gathering, and collaboration afforded stakeholders access to a wide array of resources. • Timely responses to the needs of homeless persons and community concerns increased. • Through the logistics of cohesive team work, consistent data collection provided vital statistics and demographics that captured an overview of homeless persons. The City of Virginia Beach Team Outreach Team's Challenges • Obtain trust with homeless persons, hotel/motel owners, visitors, citizens, and community partners. • Maintain consistency of data collection. o Create a sustainable pathway for homeless persons to move into housing. November 25, 2014 -22 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Ms. Smith advised everyone feels this Program was successful: Conclusions The Data Demonstrates that the Pilot Program was Successful 64 people were moved to housing and/or shelters. 443 engagements for services that may result in moving from homelessness into housing and/or coordinated services. Service providers that dedicated enhanced day supports and services, and additional resources to make the pilot program a success include: Hope in the Upper Room Stand Up for Kids Judea Christian Outreach Center The Healing Place PIN Ministry Volunteers of America Potters House Wounded warriors A reduction in the number of calls for services to the VBPD. A positive endorsement from the Hotel Association. Below are the recommendations: Recommendation Continue the Program on a Year -Round Basis Reduced capacity is needed in the winter months; however, continued engagement is key to maintaining the positive momentum with community and homeless persons. Continue to grow the collaborative efforts between the City's departments. Virginia Beach's Strategic Plan to End Homelessness, adopted by City Council in 2013, calls for us to "expand and enhance outreach" and to conduct "non -enforcement outreach efforts at the Oceanfront". November 25, 2014 -23 - CITY MANAGER'S BRIEFINGS OCEANFRONT INITIATIVE ITEM #64330 (Continued) Below is the estimated cost to continue the Program: Future Funding Options Operate Program Year -Round starting December 1, 2014 July -Oct 2014 Outreach Workers 6 4 4 or 6 4 or 6 Outreach Worker Cost $ 27,900 S 9,552 $ 58,320 $ 126,242 Assistance Costs $ 3,400 $ - $ 7,000 $ 12,000 Operational Costs 0 0 $ 1,750 $ 3,000 Staffing Costs(Su $ - $ - $ 23,358 $ 46,716 Total Nov December 2014 FY 2015-2016 2014 Thru Jun -15 July 2015thru June 2016 How Funded Funding Request FY 14-15 FY 15-16 Annually $ 31,300 $ 9,552 $ 90,429 $ 187,958 3 depts. 3 depts. Transfer from Budget Request Reserves 0 0 $ 90,429 $ 187,958 $ 187,958 Discussion and Suggestions Mayor Sessoms expressed his appreciation to the entire Team for their work and thanked the several Departments for their coordination. November 25, 2014 -24 - CITY MANAGER'S BRIEFINGS COLLIER BUILDING RENOVATION ITEM #64331 4:20 P.M. Mayor Sessoms welcomed Dave Hansen, Deputy City Manager. Mr. Hansen expressed his appreciation to City Council for their continued support and stated the City has a fabulous opportunity with the Collier Building: Collier Building Renovation & Occupancy Below is map of the property: November 25, 2014 -25 - CITY MANAGER'S BRIEFINGS COLLIER BUILDING RENOVATION ITEM #64331 (Continued) Below is the background of the property: Background • Located at 256 & 258 Witchduck Road Office Building @ 18,000 sf 1.07 acres Original Construction 1984 • Acquired by City 9/9/14 through voluntary sale as part of the Witchduck II Road widening project Acquisition Cost $1,820,000 (98% state funds) • Currently Configured into 10 Office Suites p One Suite Currently Occupied by DDS (1.6K sf) November 25, 2014 1 I I -26- CITY MANAGER'S BRIEFINGS COLLIER BUILDING RENOVATION ITEM #64331 (Continued) The First Floor Plan is totally open and accessible by hallways: First Floor Plan [17.7.11.1 MEM I -- t;rie.42 1 Second Floor Plan 0 VI •-• November 25, 2014 -27 - CITY MANAGER'S BRIEFINGS COLLIER BUILDING RENOVATION ITEM #64331 (Continued) Below is the strategy for the building: Strategy A Occupy building soonest A- Renovate for a 10 year government services use Relocate activities from leased space Vacate Pembroke 3 to clear way for development and construction of a new Pembroke Station 3 o Create services district with HRC • Transfer Collier Building to VBDA for lease back Market property after 10 years for redevelopment Below is the proposed initial occupancy information: Initial Occupancy r Human Services Department programs to be relocated to the Collier Building if the available 15,000 square feet can be renovated and ready by May 2015. — Adult and Employment Services (VIEW program) from 3432 Virginia Beach Blvd — TANF staff from 3432 Virginia Beach Blvd — Continuous Quality Improvement (CQI) team from Pembroke 6 to include the TIM team from 3432 Virginia Beach Blvd — Transportation staff including vehicles — Emergency Services (ES) — The new PACT team ▪ Total staff: 72 • Total vehicles: 28 (mostly large vans) Continue reorganization of the Human Services Department (Nov 12, 2014 HS Space Planning Memo) November 25, 2014 -28 - CITY MANAGER'S BRIEFINGS COLLIER BUILDING RENOVATION ITEM #64331 (Continued) Below are the financial impact and shows net revenue in just 38 months: Financial Impacts (Lease Payments & Lease Revenues) location 50. Ft Cost Annual Monthly 90-15 Pembroke 21,943.00 16.45 360,962.35 30,080.20 (60,160) Pembroke ),966.00 16.45 122,8..70 10,23464 20,400 Comer 15,000.00 16.00 240,000.00 20,000.00 977.0. bonsinekesourre Center(HRC) 12,000.00 location 50. Ft Cost Annual Monthly 70.16 Pembroke 21,943.00 16.94 371,71442 30,976.20 (369,3381 Pembroke 6 7,4..00 16.94 126,42404 10,539.50 124,645 Cerner 15,000.00 16.. 247,200.00 20,600.00 Ho si31Resoume Center 1302) 12,000.00 10120o11 59. Ft Cost Annual Montbly F3-17 Pembroke3 21,943.00 17.45 382,865.85 31,905.43 (370.290) 076700e6 2,466.00 17.45 130,268.26 10,855.69 100,371 Colker 15,000.00 16.97 254,550.00 21,21220 ...+u.>- Housi6Resoume Center (UPC) 12,000.00 location 53.Ft. Cost Annual Monthly 73-18 P19600613 21,943.00 17.97 394,351.83 32,862.65 (389,0091 Pembroke6 3,466.00 17.97 134,17631 11,181.36 112,220 Collier 15,000.00 17.08 062,186.50 21,848.88 Housing Resource Center(HRCI 12,Ooo.00 17.. 209,7..20 17,479.10 209,7. Net Revenue in 38 months: 5396,230 Below are the renovation costs. Kevin Jensen, the new Public Works Engineer V, oversaw the project and verified the costs estimates: Renovation Costs Design $74,764 Civil $110,000 Architectural $395,217 $166,401 Mechanical $250,000 $250,000 Electrical $401,693 $302,879 $98,814 Plumbing $89,160 $53,160 $36,000 Voice & Data $119,500 $119,500 Sub Total $1,440,334 $772,440 $667,894 53.6% 46.4% Contractor Sesvices $74,764 $110,000 $228,816 Contingency (15%) $216,050 TOTAL` $1,656,384 *Does not include FFE (still working these details) November 25, 2014 -29 - CITY MANAGER'S BRIEFINGS COLLIER BUILDING RENOVATION ITEM #64331 (Continued) Below are the itemized costs: Below is the funding requirements: Funding Requirements Total project cost $1,656,384 Available operating & CIP maintenance funding $1,057,000 Balance to Complete/Requested funding $ 599,384 Year end CIP Program Close -Out Review (2 Sources): Excessive Revenue Rent - Priorky/Town Center 5554,608 Private Contributions 5117,479 USDA Rebates from Vendors 540,246 Sale of property, 5/9/2001 522,184 Insurance Recovery,12/21/2006 51A.,115J Sub -Total 5746,370 CIP Unused PAYGO Closed Out Projects Sub -Total Funds Available for Transfer (Re -appropriation): 52,685,66 5431,444 51,507.847 51,939,291 November 25, 2014 ... .... Renovation Costs (Itemized) __ .__ ._._....__ = -� .:: w-- �_ - Below is the funding requirements: Funding Requirements Total project cost $1,656,384 Available operating & CIP maintenance funding $1,057,000 Balance to Complete/Requested funding $ 599,384 Year end CIP Program Close -Out Review (2 Sources): Excessive Revenue Rent - Priorky/Town Center 5554,608 Private Contributions 5117,479 USDA Rebates from Vendors 540,246 Sale of property, 5/9/2001 522,184 Insurance Recovery,12/21/2006 51A.,115J Sub -Total 5746,370 CIP Unused PAYGO Closed Out Projects Sub -Total Funds Available for Transfer (Re -appropriation): 52,685,66 5431,444 51,507.847 51,939,291 November 25, 2014 -30 - CITY MANAGER'S BRIEFINGS COLLIER BUILDING RENOVATION ITEM #64331 (Continued) Below are Staff's recommendations and their request for approval: Request for City Council Approval Approve relocation of Human Services Agencies Approve renovation of Collier Building Bring ordinance forward to appropriate excess revenue and transfer funds from completed projects $600,000 for Collier Building renovation Approve staff to draft agreement with VBDA for transfer of the Collier building -! Structure agreement to recoup renovation costs J Create sustainment funding stream City Council Discussion & Direction Mayor Sessoms expressed his appreciation to Mr. Hansen for his work on this Project. November 25, 2014 -31 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 P.M. Mayor Sessoms welcomed Doug Smith, Deputy City Manager. Mr. Smith expressed his appreciation to City Council for their continued support and advised today's Briefing is to provide an update to the proposed Arena Term Sheet. A short video was shown about the Pinnacle Bank Arena in Lincoln, Nebraska: AA c Lipda Below is today's Presentation Overview: Presentation Overview T Lincoln Nebraska Video Summary of Arena Plans Deal Summary • USM Plan of Finance for Arena • City Plan of Finance for Infrastructure • Considerations on Incentive Payments • Important Deal Points ➢ CSL Report `v Summary Tentative Path Forward Discussion November 25, 2014 -32 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) The Summary of Arena Plans below is comparable to the Pinnacle Bank Arena in Lincoln, Nebraska: Location Construction Cost Size Ownership Structure Operator Capacity Premium Seating: Suites Club Seats Loge Boxes Finish Level Next to the Virginia Beach Convention Center at the Oceanfront 5200,000,000 500,000 square feet City to lease 5 acres necessary for construction of Arena to USM for a term of 40 years SMG - Manages 235 venues including 70 arenas 30 1,200 40 To be comparable to Pinnacle Bank Arena in Lincoln, Nebraska Hockey Geometry, t horse shoe - upper levels, Lower bowl retractable seating, 3 public concourses, r premium concourse, roo points of sale, 2 private lounges The terms of the Deal Summary are identified below. It is important to note, USM assumes all financial costs for the Arena: Deal Summary r USM assumes all financial and operationa ris SMG serves as Arena operator r City enters into 4o year land lease r City provides parking and infrastructure improvements r USM receives i/8 of existing hotel tax, as well as arena admissions and concessions tax revenues to pay debt service r City retains excess tax revenue after debt is retired r Parking/development fee may be included in price of tickets r Future enhancements include expandable amenities capable of supporting NBA or NHL operations November 25, 2014 -33 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) USM's Plan of Finance for the Arena is provided below: USM Plan of Finance for Arena The Developer would be responsible for providing the financing for the Arena. Private ownership and financing is a unique, non-traditional structure The financing consists of 8170 million of private debt, 840 million of private equity provided by the Developer, of which sro million is for working capital The City would make incentive payments to the Developer equal to the direct taxes generated by the Arena plus 1% of the existing hotel tax Payments to be made from a fund established by the City and funded until 2043, subject to annual oorooriation, from the following sources: 1% of the 8% City -Wide Hotel Tax Taxes generated by the Arena: Admission Taxes Leasehold Real Estate/Personal Property Taxes Business Professional & Occupational License Meals Taxes Local Sales Tax Subtotal Arena Incremental Taxes Total City Taxes State Sales and Use Taxes' Total City and State Taxes (year 1) Total USM Debt & Equity payments s 3.741.000 01,654,000 a 153,000 0 340,000 9 8 S 3,386,694 $ 5 977.000 4 9,363,694 E x15,000 s 9.586.894 S 04,630,000 USM Plan of Finance for Arena (cont) The Developer is likely to pledge to its lender the City payments it receives for payment of private debt to be issued. The Developer can also pledge Arena revenues, including parking and development fees included in the ticket price. Fees would not be identified as municipal fees. City would not charge for parking in project area (approximately 2,700 spaces within 0,500 feet) for Arena events. City to lease five acres of land on which Arena would be constructed for 40 years for so per year; lease would include rights of Developer to use plaza and public parking areas for arena events. November 25, 2014 -34 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) The Developer is responsible for any revenue shortfalls. Shortfalls in debt service or default by the Developer to its lender would not create City responsibility. Developer debt is non-recourse to the City. Lender may require City to subordinate its interest in underlying property, but City would have cure rights to prevent foreclosure. At termination/expiration of the lease, ownership of the Arena vests in the City. The City's Plan of Finance for the infrastructure as a part of the Arena is provided below: City Plan of Finance for Arena Infrastructure" The total cost of the improvements estimated by Kimley-Horn is Required portion S5z.6M Optional portion Sz6.3M ▪ Funded through the issuance of Public Facility Revenue Bonds • Debt service on required portion covered by existing TIP Fund - NOT GENERAL FUND a The TIP Fund is funded with a 5 -cent cigarette tax, ro% amusement tax, 5% participatory sports tax, 5% hotel tax, ,.o6% meals tax, plus other smaller taxes. Currently, the primary expenditure is for debt service of almost 524 million on the Convention Center and the Hurricane Protection Project and other tourism related projects. Debt service on optional portion cannot be paid by TIP Fund without additional funding sources, such as an increase in hotel room night rate from si to sz per room night • Council would need to discuss and prioritize Sz6.3M additional infrastructure improvements Optional Birdneck Road Streetscape Va. Beach Blvd Streetscape r9° Street Streetscape Birdneck/VB Blvd Intersection Cost Estimates`, sz.SM sy.5M $9.8M 56.5M `Does not include property acquisition costs 8 November 25, 2014 -35 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) Below is the overall preliminary conceptual infrastructure costs: Overall Preliminary Conceptual Infrastructure Costs Construction Item Cost Mobilization Roadway Improvements Utilities Demolition Site Development Total Construction Costs $2,500,000 $4,478,000 $4,722,000 $880,000 $23,413,000 $35,993,000 Soft Costs Cost Contingency and Escalation (20%) Design (15%) Construction Inspection Total Soft Costs $7,199,000 $6,479,000 $3,000,000 $16,678,000 Total Infrastructure Cost $52,671,000 Birdneck Road Streetscape Costs' Virginia Beach Blvd. Streetscape Costs* 19th Street Streetscape Costs* Optional Intersection Improvements* $2,482,000 $7,473,000 $9,716,000 $6,491,000 Estimated Total Project Infrastructure Costs $78,833,000 " Does not include right-of-way acquisition that maybe necessary pending further design. Below is the Important Deal Points. As with any business deal, this is the initial framework of the deal and a lot of details have to be worked out: Important Deal Points ➢ The City is not responsible for any shortfall in USM debt service payments. fr After 3o years (or June 3o, 2043 if statute not extended), the City's agreement to provide incentive payments ends. USM is responsible for operations & maintenance and programming for the building; the City has no authority over USM's operations or management of the building. fr Developer would pay reasonable cost of event day services,(police, EMT, security, etc.), utilities and property insurance. Certain events would be prohibited and an operating committee would be formed to coordinate parking and scheduling between Arena and VBCC. November 25, 2014 -36 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) Important Deal Points A Booking Policy would be developed r Quality will be comparable to Pinnacle Bank Arena in Lincoln, Nebraska Developer to control sponsorship and naming rights, and retain all associated revenu s. Prior to Council approval of final documents, all key financing terms to be agreed on by Developer and Lender, and City to be provided with satisfactory evidence that such funds are committed subject only to final approval by lender. Y Prior to closing, City to be provided with satisfactory evidence of sufficient equity and debt financing to complete Arena. USM needs term sheet to advance discussions with its lender. Important Deal Points Lease would provide the City with remedies (including right to terminate Lease and purchase Arena) for failure to operate facility/ hold a minimum number of events Lease would include requirements for reserves for capital improvement and reinvestment in accordance with industry standards, funded by Developer out of Arena operating proceeds after stabilization. > Developer to post performance/completion bond. City would have right to step in and -complete construction of Arena in event of default which remains uncured after notice and opportunity by Developer to cure (including failure to meet milestones and complete and open project). November 25, 2014 -37 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) The Arena Design is set up for pro sports with locker room and boxes which can be added back in should USM enter into an Agreement for a professional sports: Important Deal Points >Arena would be designed for possible expansion/upgrade for NBA or NHL. >City would be reliant on Developer cooperation to attract a pro sports team. >Due to Developer's control of arena, terms would be subject to negotiation at time of that opportunity. • Below are CSL's Highlights: CSL Highlights To assist the City in determining the benefits associated with the USM proposal, CSL: • Analyzed demographic and socioeconomic characteristics of the Virginia Beach market in comparison to other markets supporting similar -sized arenas. • Assessed the physical, operational, and financial characteristics of comparable arenas to provide a benchmark to assess the projections presented in the USM proposal. • Evaluated the operations of other venues in the local and regional market that could provide competition for a new arena in Virginia Beach. • Estimated the economic and fiscal benefits generated to the City from the operations of a new arena. 14 November 25, 2014 -38 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) Virginia Beach metropolitan area ranks favorably among markets supporting comparable arenas. USM proforma for operations is reasonable, and reflects an above average schedule of events. The building components and capital costs are consistent with recent comparable facilities. Annual operations impacts would include direct spending of approximately $64 million for the City of Virginia Beach and $104 million in total output. 1,400 full and part-time jobs could be created that could be supported by approximately $41 million in earnings. Net fiscal impacts to the City, net of displacement and before incentive payments is $6.7 million in 2017. (This amount does not reflect the impacts of potential increased development in the areas surrounding the arena) 55.05.5.00 SS.11C,609 14a COD EN U[ 56.1D9.O0O 56.915.O0O $4%O.000 $7.109,100P 97)63, 001 M. yrcmR p:nnYalv�sru-. pre -xxt�mNM.rt me me as, mot.. rrµu gram azaax its m.nm+e.+�^a � e.4rcn n At November 25, 2014 -39 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) Below is the Summary for the proposed Term Sheet; although, the terms are non-binding, they frame the intent of the deal: Term Sheet is non binding, but frames our intent The same basic deal presented in original proposal except USM now covers cost of event day services, utilities and property insurance, permit inspection and tap fees associated with construction Plan of Finance is consistent with Council goal of staying within financial policies while building for the future. City obligations for the building and infrastructure are met through "But for" taxes generated in the building and TIP fund revenues City responsibility not expected to have a negative impact on the General Fund Y $zio,000,000 of private investment leveraging public infrastructure and participation ➢ Arena would be a catalyst for redevelopment of the Central Beach District. Below is the proposed timeframe: Tentative Path Forward ➢ 11/25 12/2 12/3 ➢12/9 ➢ First Qtr. 2015 %= Fall 2015 Fall 2017 City Council Public Briefing City Council Public Hearing Public Meeting with Arena Committee Tentative City Council Public Vote Negotiate and Approve Agreements Groundbreaking Grand Opening November 25, 2014 -40 - CITY MANAGER'S BRIEFINGS ARENA TERM SHEET ITEM #64332 (Continued) Mayor Sessoms expressed his appreciation to the entire Team and the City Council Liaisons for their work on bringing this Project forward for consideration. November 25, 2014 -41 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 4:39 P.M. Mayor Sessoms welcomed Jack Whitney, Director — Planning. Mr. Whitney expressed his appreciation to City Council for their continued support. N NiNrG I IIIE g o BE 1-1E�R�© ON DECEMBER 2 AND 9; Below are the nine (9) items scheduled to be heard on December 2nd: December 2 Meeting BAYSIDE DISTRICT 1. Moison Development (Subdivision Variance) LYNNHAVEN DISTRICT 2. Garrett & Bernadette Alcaraz (Subdivision Variance) 3. Beach Motor Sports (Use Permit) PRINCESS ANNE 4. Strawbridge Animal Care (Use Permit) 5. King Farms, LLC (Conditional Change of Zoning) 6. Steve Barnes (Use Permit) 7. John & Randi Vogel 1 Hunt Club Farm (Conditional Change of Zoning & Modification of Conditions) AMENDMENTS 8. Portable Storage Units for Special Events 9. Optional Reduced Setbacks in SGAs 2 November 25, 2014 -42- CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) BEACH 13oi`on Develojametnt, L.L.C. A24 ,r A24 Op. span Promotion SUbrONslon Vargmco 4.6(L7 & 4.4f0) November 25, 2014 -43 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Relevant Information • The applicant is requesting a variance to the Subdivision Regulations to allow for the development of three townhouse units. • The by -right configuration of townhouse lots on the parcel results in three very narrow and deep lots. • The proposed configuration of the lots on the parcel results in lots that are a reasonable width and depth. • A variance is being requested because of the following: — Two of the three lots will have no lot frontage on a public right-of-way as required by the Zoning Ordinance; and — Two of the three lots will have no direct access to a public street, as required by Section 4.4(d) of the Subdivision Regulations. 5 LOT LOT 2 FLEMING DRIVE LOT SUBDMS ON OF PROPERTY NOT REQUIRING A VARIANCE LLi LOT LOT 2 LOT FLEMING DRIVE PROPOSED SUBDIVISION REQUIRING A VARIANCE EMING CIRC November 25, 2014 -44 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) 1 PROPOSED PROPERTY LINES MOISON DEVELOPMENT, LLC FRONT ELEVATION RENDERING 1032 FLEMING DRIVE November 25, 2014 -45 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent (11-0), the Planning Commission recommends approval with conditions. • There was no opposition. 9 LYNNHAVEN flap 114 Garrett A. & Bernadette P. Alcaraz Subdivision Variance November 25, 2014 -46 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Relevant Information The applicants are requesting a Variance to Section 4.4(b) of the Subdivision Regulations, which requires that new lots meet the provisions of the Zoning Ordinance. The applicants propose to subdivide their 4.39 -acre lot to create an additional lot. Neither lot will meet the minimum width requirement for the R-40 District of 125 feet. Typical of many lots adjacent to the Lynnhaven River, the configuration of the existing lot is such that the lot has 478% of the amount of required lot area but only 68% of the required lot width. Proposed Lot 1 has 19 feet of frontage and Proposed Lot 2 has 66.59 feet of frontage. Since much of the site is located within the Resource Protection Area, the development of the site as proposed required the approval of the Chesapeake Bay Preservation Area Board. On July 28, 2014, approval was granted subject to 25 conditions. 12 November 25, 2014 -47 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) NORTHEAST POAPON OF SITE I November 25, 2014 -48 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) PROPOSED LOT LINE Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent (11-0), the Planning Commission recommends approval with conditions. • There was no opposition. 16 November 25, 2014 -49 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) LYNNHAVEN Beach :Motor Sports tial Honda of Virginia Beach B27(1-7SdBbin • Zo , Nl on6tian,rollers, Open Space Pmmoo.. CUP - Small Engine R November 25, 2014 -50 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Relevant Information The applicant is requesting a Use Permit for small engine service and repair. The applicant sells and provides service to motorcycles, ATVs, and motorized scooters. The applicant's lease for the current location is expiring, and the search for a new location resulted in the applicant being able to relocate to the adjacent site to the west ("Polynesian Pools" site). The applicant will operate the motorcycle sales from the front portion of the building. The rear portion of that building will be occupied by the service and repair facility. The service area is not visible from Virginia Beach Boulevard, and the repairs will occur inside the structure. Limited changes, such as new signs, will be made to the exterior of the building. An existing wood privacy fence along the rear lot line will be repaired, replaced, and relocated as necessary to locate it on to the applicant's property (some portions are currently encroaching on the lots to the north). 19 November 25, 2014 -51 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent (11-0), the Planning Commission recommends approval with conditions. • There was no opposition. 22 November 25, 2014 -52 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) PRINCESS ANNE flap d-10,II CUP for Animal Hasp at 1 Veterinary Estatilishmen November 25, 2014 -53 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Relevant Information • The applicant requests a Conditional Use Permit to allow development of a three -acre parcel in the Castleton Commerce Park for an animal hospital / veterinarian establishment. • Three separate buildings are proposed: a 23,000 square foot, two-story animal hospital, located adjacent to London Bridge Road; an animal crematorium; and, an animal boarding facility. • The design of the building will be a "contemporary coastal" style with blue, white, and beige vinyl lapboard siding, mixed with stone accents and a dark architectural grade shingle roof. • Vehicular ingress and egress for the facility will be via the commerce park's signalized, single access point on London Bridge Road. 25 November 25, 2014 It' ..- II t. Lt.t S ra bridge Animai Care- µ November 25, 2014 -54 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent (11-0), the Planning Commission recommends approval with conditions. • There was no opposition. 28 November 25, 2014 -55 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) PRINCESS ANNE Map 1-J-13 -- Changs of Zoning from AG -1R AG -2 Airimilturl to Conditional PD-HfFl-2Qf Planned Development and P-1 Preservation .. Floodplain Variance November 25, 2014 -56 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Relevant Information • The applicant requests a Change of Zoning for a 158 -acre site from AG - 1 & AG -2 Agricultural Districts to Conditional PD -H2 [R-20 Residential District]. • Up to 153 single-family dwellings will be clustered within five neighborhoods. The clustering results in a design that provides 57% of the site as open space and recreational area. • Also requested is a Variance to the Floodplain Ordinance. There will be limited encroachment into the Special Flood Hazard Area for small sections of roadway and for some of the open space amenities. • Since the site is located within the Transition Area, the applicant briefed the Transition Area/ITA Citizens' Advisory Committee's Development Design Review Subcommittee. The subcommittee supports the project, but has recommendations pertaining to location of some of the lots, and in particular, the need to improve West Neck Road to ensure safe travel through this area. The Land Use Plan outlined in the Conditional Zoning Agreement stipulates minimum lot size, setbacks, maximum height, and lot coverage requirements for the parcels within the five neighborhoods. 31 rcnu LAY,, a.N o= KING'S LANDING November 25, 2014 -57 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) ... . A�... .10^4[5 •.0 K N.."/S ANDING November 25, 2014 KINGS LANDING m K L. i MSA E . C.: ... . A�... .10^4[5 •.0 K N.."/S ANDING November 25, 2014 -58 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Evaluation and Recommendation • Planning Staff recommended approval as proffered. • By a vote of 11-0, the Planning Commission recommends approval as proffered. • There was no opposition. 35 PRINCESS ANNE �zal� I -I Stc\ a Barnes AG1 AG1 -AG2 AG2 AG1 AG2= SANDBRIDGE RD AG2 AG1 AG2 AG2 AG2 -_ 'F. P• AG2 AG1 M ,F w.f. t,pa., span Promotion Subdivision Varia November 25, 2014 -59 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Relevant Information • The applicant requests a Conditional Use Permit for a Farm Stand that exceeds 3,500 square feet. • The applicant has an existing 2,250 square foot farm stand located on a farm with approximately 38 acres. • A 4.96 -acre lot will be subdivided from the existing parcel to create a lot for the farm stand and area where the applicant will plant and raise soy, herbs, and cut -flowers. • The farm stand sells locally produced poultry, meats, eggs, flowers, and a variety of other locally grown and manufactured products. • The floor area of the existing farm stand will be increased to 5,400 square feet. • Parking is accommodated in a gravel area to the front of the farm stand. • Two existing ingress/egress access points on Sandbridge Road will remain. • The farm stand is open from late April until mid-September, and the operating hours are 8:00 a.m. to 6:00 p.m. 38 November 25, 2014 -60 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) EXHIBI I A 4 November 25, 2014 -61 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent (11-0), the Planning Commission recommends approval with conditions. • There was no opposition. 41 PRINCESS ANNE Uay Ii -I1 John D. Vol -el & Randi Vogel Change 01 Zontng from AG2 to Condrt onai B2 Whole Area - Modification of CondRions November 25, 2014 -62 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Relevant Information The applicant is requesting a Change of Zoning for a 1.769 acre portion of an approximately 13 -acre parcel located at 2388 London Bridge Road from AG -2 Agriculture District and Conditional B-2 Community Business District to Conditional B-2 Community Business District (the Farm Market area). The applicant is also requesting a Modification of Conditions for all of the previous Use Permits that have been approved on the property. Dating back to 1991, four Conditional Use Permits and three Modification of Conditions applications have been approved to accommodate the applicant's growing outdoor recreation and entertainment operation. In 2013, during a review of the currently approved Use Permits and an inspection of the site, staff found that the activities occurring on the site exceeded what is allowed by the Use Permits. Staff also discovered a number of Building Code issues, which have since been corrected. The actions being recommended to the City Council by staff and the Planning Commission will encompass all activities taking place on the site,. Through numerous meetings between City agencies and the applicant, there is now a complete understanding by the applicant of what will be required and what is allowed. Moreover, a process has been established by which all necessary City agencies will remain actively involved to ensure the safety of all the visitors and 44 employees of the facility. November 25, 2014 -63 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) OVERVIEW OF FAOLITl .5 AT RUNT CLUB FARM HAUNTED AYR.lbc November 25, 2014 -64 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Evaluation and Recommendation • Planning Staff recommended approval with conditions. • By consent (11-0), the Planning Commission recommends approval with conditions. • There was no opposition. 48 November 25, 2014 -65 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) CITY OF VIRGINIA BEACH An Ordinance to Amend Section 208 of the City Zoning Ordinance pertaining to portable storage containers for special events. Relevant Information • The City Zoning Ordinance does not currently allow portable storage units to be used during Special Events. • Event organizers find it convenient to have portable storage containers on-site for transporting and storing event -related materials. For example, the Boardwalk Art Show organizers would like to allow artists to store artwork overnight during the four-day event in portable storage containers. • The proposed amendment to Section 208 of the City Zoning Ordinance, which regulates portable storage containers, will allow portable storage containers to be utilized during Special Events that possess a valid Special Events Permit. • An amendment to City Code Section 4.1, Special Events, is proposed in conjunction with the City Zoning Ordinance amendment. This amendment will require that where storage containers are desired, the application for a Special Event must specify the number and location of containers and how long they will be on the site. 50 November 25, 2014 -66 - CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM #64333 (Continued) Evaluation and Recommendation • Planning Staff recommended approval. • By consent (11-0), the Planning Commission recommends approval. • There was no opposition. 51 CITY OF VIRGINIA BEACH An Ordinance to Amend Article 2 of the City Zoning Ordinance by adding a new Part H, consisting of Sections 280 through 283, and to amend Sections 602, 702, 802, 902, and 1002, allowing optional reduced street setbacks in Apartment, Hotel, Office, Business, and Industrial Districts within Strategic Growth Areas and setting forth conditions for the reduction of such setbacks. November 25, 2014 I I I -68 - CITY COUNCIL COMMENTS ITEM #64334 5:47 P.M. Council Lady Wilson expressed her appreciation to the City Council for making the Swim Program, featured on the news last Thursday at Williams Farm Recreation Center, a top priority. She expressed appreciation to the Schools for their participation and the Staff that has done an amazing job. As most know, the program was funded with private funds and, in fact, one donor gave $12,000. The Superintendent is also enthusiastic about the Program and the Schools have committed to continuing the Program. The goal is that all Title One Schools will have the opportunity to participate. November 25, 2014 -69 - CITY COUNCIL COMMENTS (Continued) ITEM #64335 Councilman Moss requested the City Manager schedule a joint follow-up meeting with the School Board regarding the Five Year Forecast. One point that did not get made during the presentation and should be brought to people's attention is the Median Household Incomes. In 2005, average Median Household Income was $58,545 and $62,855 in 2013. Ultimately, families are more than $7,000 behind where they were in 2005. Mr. Moss expressed concern the "decision makers" walked away with the perception things are better than they are. November 25, 2014 -70 - CITY COUNCIL COMMENTS (Continued) ITEM #64336 Councilman Moss distributed a copy of a Draft Resolution requested by himself and Councilman Dyer, regarding Investments and Deposits into financial institutions where a City Council Member is an Officer, Employee or Board of Director Member, to be considered on December 9th. Councilman Dyer feels it is necessary that Council Members have an opportunity to discuss and comment on the draft Resolution. He feels other cities are looking at better processes and he would like to City Council to discuss this as a body. November 25, 2014 -71 - CITY COUNCIL COMMENTS (Continued) ITEM #64337 Council Lady Ross -Hammond advised the Libraries have reframed the position of Senior Services & Disabilities Librarian to Adult & Disability Services Coordinator in an effort to serve a broader audience. Also, they created the Teen Services Librarian position in an effort to focus on engaging grades 6-12 in the community. November 25, 2014 -72 - CITY COUNCIL COMMENTS (Continued) ITEM #64338 Council Lady Ross -Hammond expressed appreciation to City Council for recently approving the new Program of Assertive Community Treatment (PACT) Team and recruiting for that position has begun. The Community Services Board serves over 11,000 clients each year and the new PACT team will be a wonderful addition to the services already offered. November 25, 2014 -73 - CITY COUNCIL COMMENTS (Continued) ITEM #64338- A Council Lady Ross -Hammond expressed her appreciation to Lake Edwards Civic League for their work in their community. They have a thriving community garden, offer scholarships for youth and put together a brochure for "lively seniors" as well as greatly reduced crime rate. November 25, 2014 -74 - AGENDA REVIEW SESSION 5:44 P.M. ITEM #64339 BY CONSENSUS, the following shall compose the CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §2-83.3 re Policy on City Employees remuneration for Jury Duty b. §2-208.1 re Waiver of fees for reissuance of checks or IRS forms 2. Ordinance to MODIFY the Virginia Beach Rescue Squad's interest-free loan to reduce the annual repayment from $250,000 to $150,000 3. Ordinance to AUTHORIZE and EXECUTE a Franchise Agreement with East Coast Valet Company, LLC re Valet services in the public right-of-way along 21st Street 4. Ordinance to ACCEPT and APPROPRIATE a $1000 "Keep Virginia Beautiful" Grant to purchase recycling containers for Little Island Signature Park ITEM #la WILL BE DEFERRED TO 12/09/2014 November 25, 2014 -75 - AGENDA REVIEW SESSION ITEM #64339(Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. PLANNING 1. Application of ALFRED W. and VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST for Enlargement of a Nonconforming Use Permit, (approved May 12, 2009) re addition of a driveway and parking spaces at 5504 Ocean Front Avenue DISTRICT 5 — LYNNHAVEN 2. Application of LARAE TUCKER and PMIG 1012, LLC for Modification of a Conditional Use Permit re fuel sales at a Convenience Store (Modified May 1, 1989) at 841 South Military Highway DISTRICT 2 — KEMPSVILLE 3. Applications of GENERAL BOOTH STORAGE ASSOCIATES, LLC and MARK IV INVESTMENTS, INC. (approved June 10, 2003) at 1744 General Booth Boulevard and 1188 Edison Road DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to B-2 Community Business District b. Mod/ acation of a Conditional Use Permit re indoor storage of recreational vehicles 4. Application of ST. LUKE CATHOLIC CHURCH and the ROMAN CATHOLIC DIOCESE for Modification of Condition No. 5 of a Conditional Use Permit (approved January 26, 2010) re extending the use of existing portable trailers on-site at 2304 Salem Road DISTRICT 7 — PRINCESS ANNE 5. Application of T -MOBILE NORTHEAST, LLC and DOMINION VIRGINIA POWER for a Conditional Use Permit re a wireless Communications Tower at 1948 South Independence Boulevard DISTRICT 1— CENTERVILLE COUNCILMAN MOSS WILL ABSTAIN ON ITEM #5 November 25, 2014 -76- ITEM#64340 Mayor William D. Sessoms, Jr., advised the City Council does not have adequate to time to RECESS INTO CLOSED SESSION; therefore, City Council Informal Session was adjourned (Break 5:53 P.M. 6:00 P.M.) November 25, 2014 -77 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 25, 2014 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, November 25, 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, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Vice Mayor Louis R. Jones 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 idents 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. November 25, 2014 -78 - 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 identing 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. November 25, 2014 -79 - Item -VI -F.1 MINUTES ITEM #64341 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 18, 2014. 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 November 25, 2014 -80- ADOPT AGENDA FOR FORMAL SESSION ITEM #64342 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 25, 2014 Item -VI-H ORDINANCES -81- ITEM #64343 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, IN ONE MOTION, Items 1a(DEFERED TO 12/9/2014)/b, 2, 3 and 4 of the CONSENT AGENDA. 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 November 25, 2014 Item-VI-H.la ORDINANCES -82- ITEM #64344 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFFERED TO 12/9/2014, BY CONSENT, Ordinances to AMEND the City Code: a. §2-83.3 re Policy on City Employees remuneration for Jury Duty 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 Item -VI-H l b ORDINANCES -83- ITEM #64345 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: b. §2-208.1 re Waiver of fees for reissuance of checks or IRS forms 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 1 AN ORDINANCE TO AMEND SECTION 2 2-208.1 OF THE CITY CODE PERTAINING 3 TO CHECK RE -ISSUANCE FEES 4 5 SECTIONS AMENDED: § 2-208.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-208.1 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-208.1. Reasonable charges for the reissuance of paperwork and checks. 14 15 (a)The director of finance or designee shall impose the following fees for 16 additional services to recover the reasonable administrated costs associated with each 17 activity: 18 19 (1)Fifteen dollars ($15.00) for the reissuance of a check that was lost and 20 requires reissuance not due to the fault of the city; 21 22 (2)Fifteen dollars ($15.00) for the holding of a check for pick-up in lieu of 23 mailing; 24 25 (3)Fifteen dollars ($15.00) for the reissuance of an IRS Form 1099 that was 26 lost and requires reissuance not due to the fault of the city. 27 28 (b)The charges provided in subsection (a) shall not apply to the reissuance or 29 pick-up of checks issued as part of the city's employee payroll activities. 30 31 (c) The director of finance is hereby authorized to waive the charge imposed by 32 this section, provided such waiver shall be pursuant to a written policy approved by the 33 director of finance and made available on the city's website. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 2 5 t flay of November , 2014. APPROVED AS TO CONTENT Finance Department CA13078 R-1 October 29, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City of Virginia Beach Proposed Policy for Waiver of Check and IRS Form Processing Fees Date of Adoption: Date of Revision: Page 1 of 1 1. Purpose City Code Section 2-208.1 authorizes the Director of Finance to impose fees for additional services associated with the processing and distribution of checks and IRS forms. The code further authorizes the Director of Finance to waive such fees pursuant to written policy available on the City's website. This policy is stated below. 2. Policy Statement The fees imposed by section 2-208.1 may be waived by the Accounts Payable Account Clerk Supervisor, Accounts Payable Manager, Financial Services Coordinator, Comptroller or Director of Finance in the following situations: a. The fees for re -issuance of a check or IRS form may be waived when checks and IRS forms 1099 are simply lost in the mail and/or never received by the payee due to no fault of the City or the payee. b. The fees for in-person pick-up may be waived in hardship situations where the payee requires immediate access to their funds, and waiting for mail delivery creates financial difficulties for the payee. c. Fees (for re -issuance of checks or IRS forms and pick-up) are not imposed upon checks issued by the Virginia Beach City Public Schools and the Treasurer's Office. d. Fees for pick-up are not imposed upon City of Virginia Beach employee travel advances and reimbursements as well as for City departments who are picking up checks for legal proceedings, settlements and other matters. 3. Procedure When any applicable fee is waived, the reason will be recorded on the appropriate Finance Accounts Payable internal control log sheet. Item -VI -H.2 ORDINANCES -84- ITEM #64346 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to MODIFY the Virginia Beach Rescue Squad's interest-free loan to reduce the annual repayment from $250,000 to $150,000 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 REQUESTED BY MAYOR SESSOMS 1 AN ORDINANCE TO MODIFY THE $5,000,000 2 INTEREST-FREE LOAN TO THE VIRGINIA BEACH 3 RESCUE SQUAD 4 5 WHEREAS, the City of Virginia Beach approved a loan of $5,000,000 to the Virginia 6 Beach Rescue Squad, Inc. ("Rescue Squad") on September 4, 2007 for the design and 7 construction of a new building; and 8 9 WHEREAS, the Rescue Squad gave the City a promissory note ("Note"), dated 10 September 5, 2007, in the amount of $5,000,000; and 11 12 WHEREAS, the Rescue Squad and the City amended the Note in December 2010, 13 April 2011, and December 2011 to clarify payment schedule and provide additional time for 14 repayment; and 15 16 WHEREAS, the Rescue Squad and the City desire to amend the Note to provide for 17 a reduced yearly payment spread over additional years. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That, subsequent to execution of same by the Rescue Squad, the City Manager or 23 his designee is authorized and directed to execute an amendment to the Note to change the 24 payment schedule as set forth in the attached Exhibit, titled "Amendment Four to the 25 Promissory Note." Adopted by the Council of the City of Virginia Beach, Virginia on the 25th of November 2014. APPROVED AS TO LEGAL SUFFICIENCY Ei A ne Office CA13157 R-2 November 19, 2014 day AMENDMENT FOUR TO PROMISSORY NOTE BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH RESCUE SQUAD, INC. Whereas, the City of Virginia Beach received a promissory note ("Note") from the Virginia Beach Rescue Squad, Inc., dated, September 5, 2007, in the amount of $5,000,000; and Whereas, the City of Virginia Beach and the Virginia Beach Rescue Squad, Inc. desire to modify the Note as provided herein; NOW, THEREFORE, the Note is hereby modified as follows: 1. Payment on principal shall amended to provide: On or before January 28, 2009 - $500,000 On or before January 28, 2010 - $500,000 On or before January 28, 2011 - $250,000 On or before January 28, 2012 - $250,000 On or before January 28, 2013 - $250,000 On or before January 28, 2014 - $250,000 On or before January 28, 2015 $250,000 $150,000 On or before January 28, 2016 $250,000 $150,000 On or before January 28, 2017 $250,000 $150,000 On or before January 28, 2018 $250,000 $150,000 On or before January 28, 2019 $250,000 $150,000 On or before January 28, 2020 $250,000 $150,000 On or before January 28, 2021 $250,000 $150,000 On or before January 28, 2022 $250,000 $150,000 On or before January 28, 2023 $250,000 $150,000 On or before January 28, 2024 $250,000 $150,000 On or before January 28, 2025 $250,000 $150,000 On or before January 28, 2026 $250,000 $150,000 On or before January 28, 2027 - $150,000 On or before January 28, 2028 - $150,000 On or before January 28, 2029 - $150,000 On or before January 28, 2030 - $150,000 On or before January 28, 2031 - $150,000 On or before January 28, 2032 - $150,000 On or before January 28, 2033 - $150,000 On or before January 28, 2034 - $150,000 2. The "Maturity Date" shall be January 28, 2026 2034. 3. All other terms and conditions of the Note shall remain as provided in the Note. WITNESS the following signatures. VIRGINIA BEACH RESCUE SQUAD, INC. Title: Date: CITY OF VIRGINIA BEACH, VIRGINIA City Manager or designee Date: APPROVED AS TO CONTENT: Title: Date: APPROVED AS TO LEGAL SUFFICIENCY: Title: Date: Item -VI-H.3 ORDINANCES -85- ITEM #64347 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, AS AMENDED, Ordinance to AUTHORIZE and EXECUTE a Franchise Agreement with East Coast Valet Company, LLC re Valet services in the public right-of-way along 21- Street 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 REVISED ORDINANCE (11/25/14) AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT FOR UP TO FIVE (5) YEARS FOR THE USE OF AN 80 -FOOT PORTION OF PUBLIC RIGHT-OF-WAY ALONG THE NORTH SIDE OF 21ST STREET FOR VALET SERVICES WHEREAS, the City has been approached by the owners of several restaurants located on Atlantic Avenue requesting that valet services be available as an amenity to their patrons and surrounding businesses from mid-September to mid-May; WHEREAS, City staff solicited proposals to perform a valet service that would include the City's grant of a franchise for an 80 -foot portion of public right-of-way along the north side of 21st Street for use as a valet station and queuing area (the "Property"); WHEREAS, one qualified and responsive proposal was received and evaluated, and City staff recommends that a franchise be awarded to East Coast Valet Company, LLC for one (1) year, with four (4) one-year renewal options (the "Franchise Agreement"); WHEREAS, the Franchise Agreement shall include a provision allowing use of the Property for valet services between September 15th and May 15th only, and other terms, conditions and limitations set forth in the Summary of Terms attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager, or his designee, is hereby authorized to execute a franchise agreement for a term of one (1) year, with four (4) one-year renewal options, with East Coast Valet Company, LLC, in accordance with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and such other terms, conditions, and modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 2. That prior to the first renewal term taking effect, staff is directed to report to City Council regarding the performance of East Coast Valet Company, LLC during the initial term, and seek Council's input on whether such franchise agreement should be renewed. Adopted by the Council of the City of Virginia Beach, Virginia, on this 25th day of November , 2014. APPROVED AS TO CONTENT: trategic Gr wth Area / R sow Manageme t Office CA12980 \\vbgov. com\DFS 1 \Applications\CityLawProd\cycom32\Wpdocs\D024\P017\00157385. DOC R42 November 25, 2014 APPROVED AS T SUFFICIENCY. ity Attorney EXHIBIT A SUMMARY OF TERMS 21st STREET — VALET FRANCHISE AGREEMENT FRANCHISOR: City of Virginia Beach (the "City") FRANCHISEE: East Coast Valet Company, LLC PREMISES (VALET AREA): An 80 -foot portion of public right-of-way along the north side of 21st Street, starting twenty (20) feet west of Atlantic Avenue TERM: Initial term: Begins upon approval of Franchise Agreement and ends May 15, 2014. Four (4) additional one-year renewal terms: Begin September 15th and end May 15th of each year. FRANCHISE FEE: $2,000 per term RIGHTS AND RESPONSIBILITIES OF FRANCHISEE: • Use the Premises for the provision of valet services, and for no other purpose. • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Indemnify the Franchisor for any and all damages to persons and property in connection with the performance of valet services. • Maintain all appropriate licenses and insurance required by state and local codes. • Pay all applicable federal, state, and local taxes in connection with the Franchise. RIGHTS AND RESPONSIBILITIES OF FRANCHISOR: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • City has the right to terminate the Franchise for any reason with thirty (30) days' written notice to Franchisee. • City has the right to terminate the Franchise immediately for any violations of law, safety, health standards or regulations. Item -VI-H.4 ORDINANCES -86- ITEM #64348 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE a $1000 "Keep Virginia Beautiful" Grant to purchase recycling containers for Little Island Signature Park 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 GRANT FROM KEEP VIRGINIA BEAUTIFUL 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That a grant from Keep Virginia Beautiful in the amount of $1,000 is hereby 8 accepted and appropriated, with estimated revenues increased accordingly, to FY2014- 9 15 Operating Budget of the Department of Parks and Recreation to expand recycling 10 opportunities at Little Island Signature Park. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of November 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,At • r = Office CA13162 R-1 November 12, 2014 Item -VI-I PLANNING -87- ITEM #64349 1. ALFRED W. and VICTORIA S. MORDECAL 2. LARAE TUCKER and PMIG 1012, LLC 3. GENERAL BOOTH STORAGE ASSOCIATES and MARK IV INVESTMENTS, INC. ENLARGEMENT OF NON- CONFORMING USE MODIFICATION OF CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING and MODIFICATION OF CONDITIONS 4. ST. LUKE CATHOLIC CHURCH MODIFICATION OF CONDITIONAL USE PERMIT 5. T. MOBILE NORHEAST, LLC and CONDITIONAL USE PERMIT DOMINION VIRGINIA POWER November 25, 2014 -88 - Item -VI-I PLANNING ITEM #64350 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2, 3, 4 AND 5(MOSS ABSTAINING) of the PLANNING AGENDA. 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 -89 - Item —VI -LI PLANNING ITEM #64351 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of ALFRED W. and VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST for Enlargement of a Nonconforming Use Permit, (approved May 12, 2009) re addition of a driveway and parking spaces at 5504 Ocean Front Avenue DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ALFRED W. and VICTORIA S. MORDECAI, TRUSTEES OF THE MORDECAI REVOCABLE TRUST for Enlargement of a Nonconforming Use Permit, (approved May 12, 2009) re addition of a driveway and parking spaces at 5504 Ocean Front Avenue (GPIN 2419806525) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The conditions attached to the approval of an Enlargement of a Nonconforming Use for Robert Burke (provided below as Conditions Nos.2 and 3), approved by the City Council on May 5, 2009, remain in effect with the exception of the following: The alteration of the site at 5504 Ocean Front Avenue for the purpose of adding two (2) on-site parking spaces shall be substantially in conformance with the submitted Plans entitled "SURVEY/DEMO PLAN" and `IMPROVEMENT PLAN" (NON- CONFORMING USE EXHIBIT for ALFRED W. MORDECAI & VICTORIA S. MORDECAI'), dated 7/29/2014. 2. The proposed additions shall substantially conform to the submitted Site Development Plan, entitled "NON -CONFORMING USE EXHIBIT FOR BURKE RESIDENCE, #5504 OCEAN FRONT AVENUE", dated March 17, 2009, and prepared by WPL Landscape Architects, Land Surveyors, Engineers. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The proposed additions shall substantially conform to the submitted building elevations entitled "SCHEMATIC DESIGN FOR ADDITION TO BURKE RESIDENCE, VIRGINA BEACH, VIRGINIA", dated March 16, 2009, and prepared by Lyall Design Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fifth day of November, Two Thousand Fourteen November 25, 2014 -90 - Item -VI-1.1 PLANNING ITEM #64351(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, William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 5504 OCEAN FRONT AVENUE 4 5 WHEREAS, Alfred W. and Victoria S. Mordecai / Trustees of the Mordecai 6 Revocable Trust, (hereinafter the "Applicant") have made application to the City Council 7 for authorization to enlarge a nonconforming use located at 5504 Ocean Front Avenue 8 in the R-5R Residential Resort District by installing a driveway and two (2) on-site 9 parking spaces; and 10 11 WHEREAS, this lot currently contains two single -family dwellings, which is not 12 allowed in the R-5R Residential Resort District; and 13 14 WHEREAS, the dwellings were built prior to the adoption of the applicable zoning 15 regulations and are therefore nonconforming; and 16 17 WHEREAS, on May 5, 2009, the City Council authorized by resolution an 18 Enlargement of a Nonconforming Use for this property, and the site plan that was a 19 condition of the authorization did not show the driveway and two (2) on-site parking 20 spaces; and 21 22 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 23 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 24 City Council authorizing such action upon a finding that the proposed use, as enlarged, 25 will be equally appropriate or more appropriate to the zoning district than is the existing 26 use; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the City Council hereby finds that the proposed use of the lot, as enlarged, 32 will be equally appropriate to the district as is the existing nonconforming use under the 33 conditions of approval set forth herein below. 34 35 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 36 BEACH, VIRGINIA: 37 38 That the enlargement of the nonconforming use is hereby authorized, upon the 39 following conditions: 40 41 1. The conditions attached to the approval of an Enlargement of a 42 Nonconforming Use for Robert Burke (provided below as Conditions 2 and 3), 43 approved by the City Council on May 5, 2009, remain in effect with the 44 exception of the following: 45 46 The alteration of the site at 5504 Ocean Front Avenue for the purpose of 47 adding two (2) on-site parking spaces shall be substantially in 48 conformance with the submitted plans entitled "SURVEY/DEMO PLAN" 49 and "IMPROVEMENT PLAN" (NON -CONFORMING USE EXHIBIT for 50 ALFRED W. MORDECAI & VICTORIA S. MORDECAI,") dated 7/29/2014. 51 52 2. The proposed additions shall substantially conform to the submitted site 53 development plan entitled "NON -CONFORMING USE EXHIBIT FOR BURKE 54 RESIDENCE, #5504 OCEAN FRONT AVENUE", dated March 17, 2009, and 55 prepared by WPL Landscape Architects, Land Surveyors, Engineers. Said 56 plan has been exhibited to the City of Virginia Beach City Council and is on 57 file in the Planning Department. 58 59 3. The proposed additions shall substantially conform to the submitted building 60 elevations entitled "SCHEMATIC DESING FOR ADDITION TO BURKE 61 RESIDENCE, VIRGINA BEACH, VIRGINIA", dated March 16, 2009, and 62 prepared by Lyall Design Architects. Said elevations have been exhibited to 63 the City of Virginia Beach City Council and are on file in the Planning 64 Department. Adopted by the Council of the City of Virginia Beach, Virginia, on the of November 2014. 25th day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13163 R-2 November 13, 2014 City orn y's Office 2 -91 - Item -VI-I.2 PLANNING ITEM #64352 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of LARAE TUCKER and PMIG 1012, LLC for Modification of a Conditional Use Permit re fuel sales at a Convenience Store (Modified May 1, 1989) at 841 South Military Highway DISTRICT 2 — KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LARAE TUCKER and PMIG 1012, LLC for Modification of a Conditional Use Permit re fuel sales at a Convenience Store (Modified May 1, 1989) at 841 South Military Highway (GPIN 1456157110) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. 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 submitted Plan entitled "Military Highway & Indian River Road, CUP Layout Plan" prepared by Blakeway Corporation and dated 09/18/2014. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan Review, the landscaping on the site shall be developed substantially in conformance with the submitted Plan entitled "7 - Eleven, 841 South Military Hwy Virginia Beach, VA" prepared by G.I. Joseph Vaughn and dated 09/19/2014. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any of these conditions or as necessary to comply with applicable City development ordinances and standards, the building and canopy shall be constructed in substantial conformance with the elevations entitled "7 -Eleven Store Site No. 140060" prepared by K2M Design and dated 09/30/2014, except that the materials shown in the elevations as "Nichiha Fiber Cement Panel" shall be replaced with brick masonry. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. The dumpster enclosure, as well as the base of any freestanding sign, shall be constructed of materials that match the brick veneer used for the store. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. Bicycle racks shall be provided as shown on the Plan identified in Condition No. 1 above, and shall be depicted on the final Site Plan. 7. The Site shall comply with the Preliminary Project Request Letter for the Site dated 06/30/2014, and shall achieve at least a ten (10) percent reduction in the pollutant loading on the site. November 25, 2014 Item -VI-I.2 PLANNING -92- ITEM #64352 (Continued) 8. A Lighting Plan and/or Photometric Plan shall be submitted during detailed site plan review. Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lighting for non -business hours. 9. Only one vacuum shall be allowed on the site. It shall be screened with evergreen plant material of a size and species acceptable to the Development Services Center's Landscape Architect. The existing vacuums on the Site, in excess of the one allowed, shall be removed. This shall be depicted on the final Site Plan. 10. All sidewalks in the public rights -of way that are removed during construction shall be replaced in accordance with Public Works Standards. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty -Fifth day of November, 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 -93 - Item -VI -I.3 PLANNING ITEM #64353 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED AS PROFFERED and CONDITIONED, BY CONSENT, Applications of GENERAL BOOTH STORAGE ASSOCIATES, LLC and MARK IV INVESTMENTS, INC. (approved June 10, 2003) at 1744 General Booth Boulevard and 1188 Edison Road DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to B-2 Community Business District b. Modification of a Conditional Use Permit re indoor storage of recreational vehicles BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of GENERAL BOOTH STORAGE ASSOCIATES, LLC and MARK IV INVESTMENTS, INC. (approved June 10, 2003) at 1744 General Booth Boulevard and 1188 Edison Road (GPINs 2415438059; 2415427828) DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to B-2 Community Business District The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court b. Modification of a Conditional Use Permit re indoor storage of recreational vehicles The following conditions shall be required: 1. In addition to the conditions below, all conditions of the Conditional Use Permit for self -storage, approved by the Virginia Beach City Council on June 10, 2003, shall remain in effect. 2. 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 Exhibit entitled, "Modification of Conditions and Rezoning Exhibit, Property Owned by Mark IV Investment, Inc.," prepared by Site Improvements Associates, Inc., dated September 9, 2014, which has been exhibited to the City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any other conditions of this Use Permit, or as a result of the formal permitting process, the architectural design elements and exterior building materials for the facades of the two new self -storage buildings depicted on the exhibit identified in Condition No. 2 above shall be substantially in conformance with the submitted elevations entitled, "Conceptual Design: Self Storage Facility Expansion," prepared by RRMM Architects," dated September 11, 2014, which have been exhibited to the City Council and are on file in the Planning Department. November 25, 2014 Item -VI-L3 PLANNING -94- ITEM #64353 (Continued) 4. No barbed wire, razor wire or electrified fences shall be installed on the roof or walls of any of the buildings or on any fencing on or surrounding the property. 5. The installation of chain-link fencing shall not be permitted on the site. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 7. There shall be no electric or diesel powered generators or generators fueled by any other source of energy located outside of any building. 8. The storage units shall be used only for storage of non -hazardous goods. 9. The units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 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 Twenty -Fifth day of November, 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, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 -95 - Item -VI-I.4 PLANNING ITEM #64354 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of ST. LUKE CATHOLIC CHURCH and the ROMAN CATHOLIC DIOCESE for Modification of Condition No. 5 of a Conditional Use Permit (approved January 26, 2010) re extending the use of existing portable trailers on-site at 2304 Salem Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ST. LUKE CATHOLIC CHURCH and the ROMAN CATHOLIC DIOCESE for Modification of Condition No. 5 of a Conditional Use Permit (approved January 26, 2010) re extending the use of existing portable trailers on-site at 2304 Salem Road (GPIN 1484153136) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. All conditions of the Conditional Use Permit granted by the City Council on November 27, 1990, shall remain in effect. 2. The portable structures, limited to three (3), shall be located on the site as depicted on the Plan entitled, "SITE LAYOUT PLAN OF ST. LUKE CATHOLIC CHURCH. " 3. The portable structures shall have skirting around the entire base of each building to screen the under -carriage of the unit. 4. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of each portable unit to screen the under -carriage. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning,. Permits and Inspections Division, as applicable. A Certificate of Occupancy shall be obtained before occupancy of any structure, as applicable. 6. The portable structures are considered temporary and shall be permitted on the site for no more than five (5) years from the date of approval by City Council. After that time, the structures shall be removed from the site. 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 Twenty -Fifth day of November, Two Thousand Fourteen November 25, 2014 Item -VI-I.4 PLANNING Voting: 11-0 Council Members Voting Aye: -96- ITEM #64354 (Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 -97 - Item -VI-I.5 PLANNING ITEM #64355 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of T -MOBILE NORTHEAST, LLC and DOMINION VIRGINIA POWER for a Conditional Use Permit re a wireless Communications Tower at 1948 South Independence Boulevard DISTRICT 1— CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of T -MOBILE NORTHEAST, LLC and DOMINION VIRGINIA POWER for a Conditional Use Permit re a wireless Communications Tower at 1948 South Independence Boulevard (GPIN 1485384813) DISTRICT 1— CENTER VILLE The following conditions shall be required: 1. The site shall be developed substantially in conformance with the submitted Plan package entitled "Green Run Substation, VEPCO #1748" prepared by FCI Towers, Inc. and AllPro Consulting Group, Inc. and dated 8/19/2014. This Plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The tower shall be designed to accommodate three (3) users in order to provide for future co -location opportunities. 3. A full Structural Report shall be submitted during detailed Site Plan review. 4. The tower shall be painted a color that matches the existing tower on the site. 5. The fence shall be constructed and painted to match the existing fence enclosure. 6. Existing mature trees on the site shall remain in order to screen the enclosure and tower structure from the adjacent residential properties. 7. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed Site Plan review. 8. The maximum height of the tower shall be one hundred (100) feet with a two (2) foot lightning rod. 9. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed Site Plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 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 Twenty -Fifth day of November, Two Thousand Fourteen November 25, 2014 Item -VI -I.5 PLANNING Voting: 10-0 Council Members Voting Aye: -98- ITEM #64355 (Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None Council Members Abstaining: John D. Moss November 25, 2014 JOHN MOSS COUNCILMAN - AT -LARGE In Reply Refer to 0053513 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach November 25, 2014 VBgov.com PHONE: (757) 363-7745 MOSSJOHN ®COX. N ET Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of T -Mobile Northeast, LLC for a conditional use permit at property owned by Dominion Virginia Power and located at 1948 South Independence Boulevard. 2. I have a personal interest in Dominion Resources, Inc., which is also known as Dominion Virginia Power. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I 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. 4109 RICHARDSON ROAD, VIRGINIA BEACH, VIRGINIA 23455 I II Mrs. Ruth Hodges Fraser -2- November 25, 2014 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Thank you for your assistance and cooperation in this matter. JDM/RRI Sincerely, ohn D. Moss Councilmember -99 - ITEM VI -J APPOINTMENTS ITEM #64356 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS.• BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM COMMUNITY SERVICES BOARD HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION PLANNING COMMISSION RESORT ADVISORY COMMISSION 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, Mayor William D. Sessoms, Jr., Amelia N. Ross -Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 25, 2014 -100 - Item -VI-M ADJOURNMENT ITEM #64357 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:06 P.M. &-i/l.'r Amanda Finley -Barnes, MC Chief Deputy City Clerk h Hodges laser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia November 25, 2014 -100 - Item -VI-M ADJOURNMENT ITEM #64357 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:06 P.M. Amanda Finley-Barnes,IC Chief Deputy City Clerk th Hodges Fraser, MMC William D. Sessoms, Jr. Mayor City Clerk City of Virginia Beach Virginia November 25, 2014