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MAY 19, 2015 MINUTES 1 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �NtA•BEqC MAYOR WILLIAM D.SESSOMS,JR.,At-Large J�2� �- b L V/CE MAYOR LOUIS R.JONES,Bayside-District 4 4 ` t M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne-District 7 U .\ * SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kenrpsville-District 2 >' oN5°G JOHN E.UHRIN,Beach-District 6 °UR Rat ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-JAMES K SPORE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS 19 M 2015 E-MAIL:Ctycncl@vbgov.com May CITY CLERK-RUTH HODGES FRASER,MMC y VICE MAYOR LOUIS R JONES PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room- 3:30 PM 1. JEB LITTLE CREEK-FORT STORY Captain Frank Hughlett, Commander 2. NAS OCEANA-DAM NECK Captain Louis J. Schager, Commander 3. HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE Rear Admiral Craig Quigley, Retired, Executive Director 4. WOUNDED WARRIOR PROGRAM Paula Moran, President and CEO, USO II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. INVOCATION: Reverend Eugene Austin, Sr. Pastor Morning Star Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 5, 2015 May 12, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY- Old Beach Open Air Markets a. 620 19th Street—Farmer's b. 620 19th Street- Art c. 620 19th Street - Green 2. FRANCHISE - LUMOS Networks, Inc. Telecommunications I I I I. ORDINANCES 1. Ordinances to AMEND and RENEW Franchise Agreements: A. Old Beach Open Air Markets in the public right-of-way at 600 19th Street a. 620 19th Street—Farmer's b. 620 19th Street - Green c. 620 19th Street- Art B. LUMOS Networks, Inc. re Telecommunications service in public right-of-ways. 2. Ordinance to GRANT Ebenezer Baptist Church an extension for satisfying the conditions of a Street Closure, granted May 27, 2014, encompassing Norwich Avenue, Wesleyan Drive and Burma Road DISTRICT 4 - BAYSIDE J. PLANNING 1. HOFD ASHVILLE PARK,LLC for Modification of Proffers of a Conditional Rezoning of a single-family residential Development Plan at Ashville Park Boulevard (Deferred April 21, 2015) DISTRICT 7—PRINCESS ANNE (This item was Deferred to May 19, 2015,however, INDEFINITE DEFERRAL is recommended) 2. CARDINAL SIGN CORP and GEO DEVELOPMENT CORP for a Special Exception for Alternative Compliance to §2210(a)(6) of the City Zoning Ordinance (CZO)re a freestanding sign at 233 Independence Boulevard in the CBDA Core District DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. C and C DEVELOPMENT COMPANY,INC. for a Nonconforming Use re two new single family homes, at 200-204 80th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4. C.P. MARINE & DIESEL SERVICES, INC. and SPENCO, L.P. for a Conditional Use Permit re vehicle repair at 1399 Air Rail Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. TRUSTEES OF FIRST PRESEBYTERIAN CHURCH for a Conditional Use Permit re religious use and child care at 303 36th Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 6. WAVES MOTEL for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re a mixed use structure at 1304 and 1312 Atlantic Avenue DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH for Changes of Zoning: DISTRICT 4 - BAYSIDE a. 0-2 Office (Historic Kempsville Overlay District [HK]) to B-4K Historic Kempsville Area Mixed Use District (HK) b. R-10 Residential District (HK) to B-4K Historic Kempsville Area Mixed Use District (HK) c. B-2 Business District to B-4K Historic Kempsville Area Mixed Use District (HK). RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. §§111, 901 and 2203 and §5.2 of the Oceanfront Resort District Form-Based Code to establish Wine Tasting Rooms as a Principal Use in the B-1A Limited Business District, B-2 Community Business District, B-3 Central Business District, B-4C Central Business Mixed Use District, CBC Central Business Core District and ORD Oceanfront Resort District and ADD new §209.3 re requirements b. §105 re Nonconformities c. §111 to DEFINE "Live-Work Unit" and ADD §209.3 to allow Live-Work Units in certain Zoning Districts and setting forth performance and development standards d. §§5.2 and 6.2.2 of the Oceanfront Resort District Form-Based Code, to allow Live-Work Units in certain building types and ESTABLISHING parking requirements e. §211 re allowed signage for Parks and Recreation Centers RECOMMENDATION: APPROVAL K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS—New Construction CLEAN COMMUNITY COMMISSION HUMAN RIGHTS COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD WETLANDS BOARD • L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 5/19/2015/st -1- f4 4L 7 t �y �y x'04 , ,- y�v�p a 4a«� ` 0Vk 1.0, (^4 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 19, 2015 Acting Mayor Louis R. Jones, called to order City Council's Briefing, in the City Council Conference Room, Tuesday, May 19, 2015, at 3:30 P.M. Council Members Present: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. City's meeting re perspective Economic Development May 19, 2015 -2- CITY COUNCIL BRIEFINGS JEB LITTLE CREEK-FORT STORY ITEM#64850 3:50P.M. Acting Mayor Jones welcomed Captain Frank Hughlett, Commander JEB Little Creek — Fort Story. Captain Hughlett expressed his appreciation to City Council for their continued support: �,,,l- ITIO J4p ♦ •j Major East Coast Base Supporting Overseas Contingency Ops Joint Expeditionary Base Little Creek-Fort Story Presentation to City Council Virginia Beach,Virginia 19 May 2015 Below is an overview of JEBLCFS: JEBLCFS OVERVIEW MA • Major East Coast Base Supporting Overseas Contingency Operations(OCO) • 130 Resident Commands • Includes 3 Flag Officers ' • 61 Piers,3,947 Acres,7.6 Miles Beachfront • 24 Navy,Auxiliary Ships,Coast Guard I, • 126 Small Craft • (LCAC/LCU/MPF/NSWG/RHIBS/RIVRON) ' • 1,155 Base Housing Units • Renovation/upgrades ongoing • 337 units inside fence line Slide 1 May 19, 2015 -3- CITY COUNCIL BRIEFINGS JEB LITTLE CREEK-FORT STORY ITEM#64850 (Continued) Below is the population growth of JEBLCFS since September 2011: r POPULATION GROWTH JEBLCFS GROWTH SINCE 9-11 '..25,000 ... ... .. . ... .. .. .. ... 20,000 15,000 5,000 ota B Population: 21,409 Payroll-$1.3B Based on the current Regional Economic Report--- JEBLCFS is the largest military employer in the City of Virginia Beach Slide 2 Below is the layout ofJEB Little Creek: JEB Little Creek Layout Base Population: 18,610 g ' Community 1 *ate ro °9�B9pyBI119� te s- t r z rso;c i 1 r;i IR;IRil1;10'.II,.II;;0yyyy11 II II t 4:4-ti!' 11,4 'E'er w 4 ' Gate 3 May 19, 2015 -4- CITY COUNCIL BRIEFINGS JEB LITTLE CREEK-FORT STORY ITEM#64850 (Continued) Below is the layout of JEB Fort Story: JEB Fort Story Layout Base Population 2,790 Training OPS/ADMIN HISTORICAL *' � � � GATE 6 Housing GATE,." Slide 4 Below is an overview of training statistics and site utilization: TRAINING STATISTICS TRAINING SITE UTILIZATION 12,000 Increased Utilization 10,000 8,000 - More units conducting *= training locally 6,000 - - Decreased training 4,000 travel dollars - Becoming training site 2,000 of choice for joint community 0 • - 126 total training sites FF,�Oyo F,�OyyF,�O1F,�Oy�x,19 Slide 5 May 19, 2015 -5- CITY COUNCIL BRIEFINGS JEB LITTLE CREEK-FORT STORY ITEM#64850 (Continued) Below is the "Area of Interest" currently focused upon in order to identify areas where missions occur and the impact of any overlapping interests between the military and civilians: Area of Interest f.' } 1.4 r 4 t • es+'.' C Below are a few of the ongoing community engagement initiatives: Community Engagement e —Mutual Aide:(Fire Department) - Since Jan 2014: 251 calls supported outside fence line - Dec 2014: Back filled Station 8;training at Cavalier - Since Jan 2014: 28 calls VA Beach support on base —Quarterly meetings with City of Virginia Beach Leadership —Virginia Beach City Public Schools(VBCPS) —Virginia Beach Education Association(VBEA) —Partners In Reducing Sexual Assault(PIRSA) —Federal Aviation Administration(FAA) —Hampton Roads Chamber of Commerce(HRCC) —Virginia Beach Bayfront Advisory Committee(BAC) —Military Economic Development Advisory Committee MEDAC) —Joint Military Services School Liaison Committee(JMSSLC) —Military Child Education Coalition(MCEC —Virginia Military Advisory Commission(VM)AC) Slide 7 May 19, 2015 -6- CITY COUNCIL BRIEFINGS JEB LITTLE CREEK-FORT STORY ITEM#64850 (Continued) °aM Cultural Resources { • wfto ww Slide 8 Below is the future of JEBLCFS: JEBLCFS's Future t-0 •Mission Growth: —Expansion of facilities and training for Explosive Ordnance Disposal(EOD)Group 2 —Expansion of Naval Special Warfare and Support Activity footprint —Training operations/capacity increasing at JEB Fort Story —Gain:NECC Subordinate Commands • CORIVGRU 2,CORIVRON 2(Dec 2015/Renovations Complete) • MK VI patrol craft(June/July 2015) —Gain:Coast Guard Cutters: • USCG Vigorous(July 2014) • USCG Dependable(30 May 2015) —Gain: USNS Fall River(JHSV 4)(Feb 2015) —LSD's: Will remain at JEB Little Creek Slide 9 May 19, 2015 -7- CITY COUNCIL BRIEFINGS JEB LITTLE CREEK-FORT STORY ITEM#64850 (Continued) Below is the construction that has been completed in the past two (2)years plus future projects scheduled for 2016: Construction •Construction Projects Summary: —Historical Construction Work on JEB LC-FS: FY13-$64.0M FY14-$70.6M •Completed Projects Fiscal Year Completion -Navy Lodge Expansion Building 2014($7.4M) Apr 2014 -Tri-Service School of Music 2014($12.4M) Aug 2014 -67"'Street Cottages(NAF Project) 2013($4.4M) Nov 2014 -NSWG 4 Paraloft Addition 2013($1.3M) Dec 2014 Shoreline Erosion Control:Ft.Story 2014($19M) Mar2015 -Electrical Distribution Upgrades 2012($30M) May 2015 • Future Projects Summary FY2016: • Planned Construction Work FY16-:$77.0M • Value of ongoing construction: 118 contracts valued at$221M Slide 10 " r Take Aways • Character of the base has changed since 9-11;expeditionary in nature vice amphibious warfare. • Strong community engagement;encroachment is manageable with community support • Embraced Joint Basing; "Effective and Efficient" • Irreplaceable"National Joint Training Asset" — Joint Logistics Over The Shore Training — Nearly full mission profile for special operations training • Committed steward of cultural and natural resources Slide 11 May 19, 2015 -8- CITY COUNCIL BRIEFINGS JEB LITTLE CREEK-FORT STORY ITEM#64850 (Continued) Questions? . Slide 12 Acting Mayor Jones expressed his appreciation to Captain Hughlett and the entire staff at JEBLCFS for all of the hard work. May 19, 2015 -9- CITY COUNCIL BRIEFINGS NAS OCEANA—DAM NECK ITEM#64851 3:30 P.M. Acting Mayor Jones welcomed Captain Louis J. Schager, Commander — Naval Air Station Oceana. Captain Schager expressed his appreciation to City Council for their continued support. Captain Schager provided the attached Briefing which is made a part of this record. May 19, 2015 4 R k r. u ,; 2014, Another Great Year • Runner-up for Navy Installation Excellence Award for large installations worldwide • NAS Oceana Air Show recognized for the Dick Schram Memorial Community Relations Award • NAS Oceana received the 2014 Secretary of the Navy's Energy Award for large shore installations 1 r AICUZ Update • In March,the NAS Oceana/NALF Fentress AICUZ Update was approved by CNO — This one-of-a-kind report documents all the programs and successes achieved by the Cities of Virginia Beach and Chesapeake, the Commonwealth and the Navy since the conclusion of the 2005 JLUS — The report would not have been possible without the contributions of the Virginia Beach City staff — The model for military/community engagement across the country j Collaborative Engagements • The City and NAS Oceana staffs have continued their close collaboration — The staffs have updated the Joint Review Process Agreement(formerly a MOU)to account for changes in the Virginia Beach Zoning Ordinance • Encroachment Partnering in the ITA/RAA and OLUCC efforts continue to exceed expectations • Numerous joint training exercises conducted with Virginia Beach Police, Fire and EMS both on and off station, including Camp Pendleton—a first. — These included both aircraft/mass casualty mishaps, active shooter and terrorism scenarios 2 Oceana / Dam Neck Annex Projects • Barracks Dam Neck Annex: $27M • Main Gate Dam Neck Annex: $19M • NEXCOM Headquarters Virginia Beach Blvd: $16M • Aerial Target Facility Dam Neck Annex: $10.5M • Maritime Surveillance Facility Dam Neck Annex: $23M • USMC Reserve Center Dam Neck Annex: $18.6M r '- Oceana / Dam Neck Annex Projects . • Beach Replenishment Dam Neck Annex: $12M • Barracks Renovations NAS Oceana: $15M • Repair Runway NAS Oceana: $30M • Airfield Lighting Modernization NAS Oceana: $70M • Hangar Repairs NAS Oceana: $12M 3 • 630,000 cubic yards • 9,300 ft beachfront f�r � _ 'i• < i dor s.✓ { 4 *{ ` Partnership in Force Protectio • Current threats led DOD to raise the Force Protection Condition for all units and installations of the US Armed Forces • Outstanding coordination with VBPD 4 e Looking Ahead • Dam Neck Annex main gate construction continues • Replacement of aging F/A-18C Hornets to F/A-18E Super Hornets • VFA-136 moving to Lemoore in 2016, VFA-11 TBD • Presently,the earliest planned study of East Coast basing of the F-35 Joint Strike Fighter is 2018 • Integrated Navy/Municipal-Commonwealth training exercises will continue 2015 NAS Oceana Air Show • 19-20 September 2015 VIETNAM VETERAN • The theme will focus F.TZ\1( * \:ALOE *s:aCRT1 rrr, on Vietnam Veterans N:** L� sus A NNW 2015 NAS OCEANA �-- AIB SHOW 5 Questions 6 -10- CITY COUNCIL BRIEFINGS HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE ITEM#64852 4:18 P.M. Acting Mayor Jones welcomed Rear Admiral Craig Quigley, Retired—Executive Director of the Hampton Roads Military and Federal Facilities Alliance. Rear Admiral Quigley expressed his appreciation to City Council for their continued support. He advised this Briefing is a bit different than the others heard today as this covers a much broader view of the Military Installations throughout Hampton Roads. Also, this is not a current "snap-shot", but rather a forward thinking approach for the next 5-10 years: How to think about the next 5-10 years of the Federal presence in Hampton Roads mailaluonnum HAMPTON ROADS Craig Quigley MILITARY AND FEDERAL Rear Admiral,U.S.Navy(Ret.) tY f. FACILITIES ALLIANCE 1.11111.111111111111 Executive Director Below is a Map of the various Federal Installations throughout Hampton Roads: glirlimmememilsay ROROS AFAJIiTIFS ALLIANCE r r 1101111111111111111111111111111111111111 � v oeprtFaeaMtlotl eMain arr yt✓ Mw Mean owm SMT —w.wr 114 re �14 May 19, 2015 -11- CITY COUNCIL BRIEFINGS HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE ITEM#64852 (Continued) Below is a map of all Federal Facilities: « AYI /)itifia E ats ' cw_ {. � � ��r--- .........L,....., ..�-- Mem �_ Pili R„f j 21— } /' Jf _..--___,,."*''t 1/4, �n D s Lm _ — . Below is the Background regarding the Hampton Roads Military and Federal Facilities Alliance: i CSF History of HRMFFA . views/predictions are mine alone Sequester/FY2016 budget/BRAC Trend lines Shiftto the Pacific (slowly) • Smaller force (Army and Marine Corps) Navy and Air Force dominant? May 19, 2015 -12- CITY COUNCIL BRIEFINGS HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE ITEM#64852 (Continued) Below is information relating to the Navy: x 4'3---/ /4 of all regionalFederal spending! Aircraft carriers - recent change Oceana/Fentress Now and F-35 Special Ops Riverine Ships - Number &type BRAC? Long-term -� Less/older hardware, less people Below is the information relating to the Air Force: -, -,,,i 1"'",14., --` ,,,_y ta".1 PC)..L',L‘----'•.:-,..„-- BRAC? • LOTS of investment in Langley! ACC staff drawdown and loss of'IMSC' Encroachment being addressed What can we attract? Cyber? May 19, 2015 -13- CITY COUNCIL BRIEFINGS HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE ITEM#64852 (Continued) Below is information relating to the Army: AI �-"F�9'-4 BRAC? Force drawdown? (June) Various tenant commands Tied to ultimate decision on Army end strength Below is information relating to NASA Langley: Ili —tas p p' * Work in all areas, but 1/2 in aeronautics Budget surprisingly strong • Measurement Systems Lab ($94M) * Advanced composites * Unmanned Systems work May 19, 2015 -14- CITY COUNCIL BRIEFINGS HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE ITEM#64852 (Continued) Below is information relating to the Coast Guard: *, Slight growth * Largest presence anywhere • Turning the corner on modernization • Budget pressure(DHS) Below is information relating to other Federal Installations/Facilities: * Fort Monroe redevelopment * Ship repair & modernization • Ship building Unmanned Systems • Sea level rise - BRAC connection May 19, 2015 -15- CITY COUNCIL BRIEFINGS HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE ITEM#64852 (Continued) Below is information relating to Sequestration and it is important to note that all Federal Agencies/Programs are treated the same in that they each are reduced by a certain amount: Budget Hawks vs Defense Hawks Politically painless (sort of) * Sequester not going away ...but it may not matter! ▪ OCO safety valve; all "exceptions" O Late 2015 2016 elections in full swing! • What will be the effect? Real property maintenance Inability to plan Admiral Quigley encouraged the City to play on everything Hampton Roads has to offer for future issues: 0:.Play to Hampton Roads attributes Growth areas: Cyber •Unmanned Systems • Renewable energy • Play offense & defense if BRAC • Challenges Busier port •Wind energy? •Oil &gas drilling May 19, 2015 -16- CITY COUNCIL BRIEFINGS HAMPTON ROADS MILITARY and FEDERAL FACILITIES ALLIANCE ITEM#64852 (Continued) Admiral Quigley advised the Federal Government Sector of the area's economy will shrink but will still be a major economic driver: Sector will shrink, but we'll still be standing! Acting Mayor Jones expressed his appreciation to Admiral Quigley and the entire staff at HRMFFA for all of the hard work. May 19, 2015 -17- WOUNDED WARRIOR PROGRAM ITEM#64853 4:40 P.M. Acting Mayor Jones welcomed Paula Moran, President and CEO— USO of Hampton Roads and Central Virginia. Ms. Moran expressed her appreciation to City Council for their support. She advised the Mission of the USO is to "14ft the spirits of America's troops and their families". Hampton Roads is the largest USO affiliate in the world with eleven (11) Centers from Central Virginia down to Little Creek— Fort Story. "Warrior Week" began last year and is held in conjunction with the Patriotic Festival and was a huge success. This year, "Warrior Week" has been improved and new activities have been added. Ms. Moran showed a brief video regarding the Wounded Warrior Program. Acting Mayor Jones expressed his appreciation to Ms. Moran and the entire staff at USO of Hampton Roads and Central Virginia for all of their hard work. May 19, 2015 -18- CITY COUNICL COMMENTS ITEM#64854 4:57P.M. Councilman Dyer suggested City Council schedule a workshop in the near future to discuss ways to bridge the gap between the City and Citizens. During the Budget process this year, there were far too many personal attacks from Citizens when speaking at the meetings. He would like to see some bold initiatives in promoting civility and mutual respect, as well as, improving the process for more involvement. He noted the Police Department has done a wonderful job in building the bridges and improving the relationship between Officers and Citizens. He is not looking to give anyone the impression that City Council is not going to listen but hopes to build a stronger bond with Citizens. Council Lady Wilson concurs. She stated she does agree some Citizens took their comments a bit far but does not blame them. Rather she blames City Council as there are rules in place but are simply not being enforced. Councilman Wood received numerous phone calls from concerned Citizens advising they were watching the meeting from home and they were disturbed with certain comments and demeanor of some of the speakers. He felt certain Citizens were inappropriate by screaming and making malicous personal attacks against certain City Council Members. He would also like to see the rules enforced. He spoke to certain Legislators from Richmond and was told the behavior would not be allowed in Richmond. Council Lady Kane feels it makes it difficult for the Presiding Officer to "gavel someone down"when the comments are directed at that particular Council Member. Acting Mayor Jones asked if there is a provision that would allow another Member of City Council to call someone down for not following the Rules. City Attorney Stiles advised any Member of City Council can always raise a "Point of Order"to be raised by the Presiding Officer. Councilman Moss concurs completely but cautioned as the School Board lost a case not too many years with the State's Supreme Court for "gaveling down citizens" when they were admonishing and making personal attacks on School Board Members. He requested a copy of the Legal Opinion and suggested the City set the Rules and Guidelines around that Case. He does feel a number of people crossed way over the line. Councilman Uhrin advised he was not as concerned about the comments regarding the Members of City Council as he was about the comments about other citizen's comments. No one deserves to feel intimidated while attending a City Council Meeting. He feels this is a discussion for the upcoming Retreat. May 19, 2015 -19- CITY COUNICL COMMENTS ITEM#64854 (Continued) Acting Mayor Jones requested the City Attorney provide some guidelines and help in creating some specific Rules and Procedures. Council Lady Wilson advised she feels everyone would just like to be clear on the process of how to handle inappropriate comments. Councilman Dyer would rather have a Workshop and discussion the subject prior to the Retreat in August. May 19, 2015 -20- CITY COUNCIL COMMENTS ITEM#64855 Council Lady Henley feels the Environmental Impact Study is awkward to read and there is a lot of information in the Study. Since the best Local Alternative was chosen, it is best to take advantage of the information in the Study. A number of important issues were raised in the Study and should be discussed at an upcoming Workshop. She was impressed with the Social Chapter of the Study and, a number of the comments within that Chapter are directly related to the Comprehensive Plan that is currently being revised. A number of comments stressed the importance of transit and transit corridor; and interestingly, a number of comments were "without the transit the Comprehensive Plan will be ineffective." The corridor is the "commercial spine"and, unfortunately, the City does not know what the "No Build Plan" involves. One of the reasons the Homeless Resource Center site was chosen was for the location being on a major transit line. May 19, 2015 -21- CITY COUNCIL COMMENTS ITEM#64856 Councilman Moss requested a Briefing during an upcoming CLOSED Session from COMIT regarding the security and architecture of the City's computers. May 19, 2015 -22- CITY COUNCIL COMMENTS ITEM#64857 Councilman Moss requested an updated spreadsheet showing the borrowing capacity and the availability of each year going forward. He is going to look at putting together a Referendum for consideration in 2016 regarding using the borrowing capacity to improve Roads and not Rail. May 19, 2015 -23- CITY COUNCIL COMMENTS ITEM#64858 Councilman Moss advised until the Federal Transportation Administration (FTA) chooses the Preferred Local Alternative(s) it is premature for the City Council to have a Workshop as suggested by Council Lady Henley. The FTA is going to decide what they are going to move forward with for the 35% of Design. May 19, 2015 -24- CITY COUNCIL COMMENTS ITEM#64859 Council Lady Ross-Hammond advised she attended a meeting at Economic Development with the Police Department, representatives of local Universities and Civic League Members. They are going to hold a Public Forum to help bridge the gaps within communities. May 19, 2015 -25- CITY COUNCIL COMMENTS ITEM#64860 Council Lady Ross-Hammond attended a recent picnic hosted by the Accredale Civic League Association and is impressed with the work going on with the community. May 19, 2015 -26- CITY COUNCIL COMMENTS ITEM#64861 Council Lady Ross-Hammond attended the recent meeting with the Kempsville Historic Advisory Committee and is pleased to announce the intersection at Kempsville and Princess Anne Roads will be completed by the end of June. May 19, 2015 -27- CITY COUNCIL COMMENTS ITEM#64862 Council Lady Kane attended an event at the SportsPlex over the weekend and was amazed at the activity taking place. She commended the City for a job well done. May 19, 2015 -28- CITY COUNCIL COMMENTS ITEM#64863 Acting Mayor Jones advised the Associations at the Oceanfront have been pretty strong in their position of Off-Shore Drilling and asked if the issue should be reconsidered by City Council. Councilman Uhrin suggested discussing this during the upcoming Retreat in August. Council Lady Wilson requested Briefings from both sides of the issue as she does not feel like she has enough information. Councilman Moss advised he has spoken to Congressmen Riggel numerous times regarding this issue and thinks the information would be something the public would be interested in. May 19, 2015 -29- AGENDA REVIEW SESSION 5:15 P.M. ITEM#64864 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES 1. Ordinances to AMEND and RENEW Franchise Agreements: A. Old Beach Open Air Markets in the public right-of-way at 60019`' Street a. 62019`'Street—Farmer's b. 62019`'Street- Green c. 62019`'Street-Art B. LUMOS Networks, Inc. re Telecommunications service in public right-of-ways. 2. Ordinance to GRANT Ebenezer Baptist Church an extension for satisfying the conditions of a Street Closure, granted May 27, 2014, encompassing Norwich Avenue, Wesleyan Drive and Burma Road DISTRICT 4-BAYSIDE May 19, 2015 -30- AGENDA REVIEW SESSION ITEM#64864 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. PLANNING 1. HOFD ASHVILLE PARK,LLC for Modification of Proffers of a Conditional Rezoning of a single-family residential Development Plan at Ashville Park Boulevard (Deferred April 21, 2015)DISTRICT 7—PRINCESS ANNE (This item was Deferred to May 19, 2015, however, INDEFINITE DEFERRAL is recommended) 2. CARDINAL SIGN CORP and GEO DEVELOPMENT CORP for a Special Exception for Alternative Compliance to §2210(a)(6) of the City Zoning Ordinance (CZO) re a freestanding sign at 233 Independence Boulevard in the CBDA Core District DISTRICT 4 —BAYSIDE 3. C and C DEVELOPMENT COMPANY,INC.for a Nonconforming Use re two new single family homes, at 200-204 80`''Street DISTRICT 5—LYNNHAVEN 4. C.P. MARINE & DIESEL SERVICES, INC. and SPENCO, L.P.for a Conditional Use Permit re vehicle repair at 1399 Air Rail Avenue DISTRICT 4—BAYSIDE 5. TRUSTEES OF FIRST PRESEBYTERIAN CHURCH for a Conditional Use Permit re religious use and child care at 303 36`'`Street DISTRICT 6-BEACH 6. WAVES MOTEL for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re a mixed use structure at 1304 and 1312 Atlantic Avenue DISTRICT 6-BEACH 7. CITY OF VIRGINIA BEACH for Changes of Zoning: DISTRICT 4-BAYSIDE a. 0-2 Office (Historic Kempsville Overlay District[HK]) to B-4K Historic Kempsville Area Mixed Use District(FLK) b. R-10 Residential District(HK) to B-4K Historic Kempsville Area Mixed Use District (HK) c. B-2 Business District to B-4K Historic Kempsville Area Mixed Use District(HK). 8. CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. 0111, 901 and 2203 and§5.2 of the Oceanfront Resort District Form-Based Code to establish Wine Tasting Rooms as a Principal Use in the B-1A Limited Business District, B-2 Community Business District, B-3 Central Business District, B-4C Central Business Mixed Use District, CBC Central Business Core District and ORD Oceanfront Resort District and ADD new§209.3 re requirements b. §105 re Nonconformities May 19, 2015 -31- AGENDA REVIEW SESSION ITEM#64864 (Continued) c. §111 to DEFINE "Live-Work Unit"and ADD§209.3 to allow Live-Work Units in certain Zoning Districts and setting forth performance and development standards d. §c5.2 and 6.2.2 of the Oceanfront Resort District Form-Based Code, to allow Live- Work Units in certain building types and ESTABLISHING parking requirements e. §211 re allowed signage for Parks and Recreation Centers ITEM#1 WILL BE DEFERRED INDEFINATELY ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#7a/b/c COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#8c/d May 19, 2015 -32- ITEM#64865 Acting Mayor Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees May 19, 2015 -33- ITEM#64865 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:27 P.M. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Shannon DS Kane, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. (Closed Session 5:27 P.M. - 5:47P.M.) May 19, 2015 -34- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 19, 2015 6:00 P.M. Acting Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 19, 2015, at 6:00 P.M. Council Members Present. M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. City's meeting re perspective Economic Development INVOCATION: Reverend Eugene Austin, Sr. Pastor, Morning Star Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 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. May 19, 2015 -35- Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway 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 January 13, 2015, is hereby made a part of the record. May 19, 2015 -36- Item—V-E CERTIFICATION ITEM#64866 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 GOA•BFAC uLti, \t_,1 v 4 -c 9 0, OUR NA,,,, RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#64865 Page 33, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 13 i Hodges Fraser, MMC City Clerk May 19,2015 -37- Item -V-F MINUTES ITEM#64867 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 5 and May 12,2015. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 -38- ADOPT AGENDA FOR FORMAL SESSION ITEM#64868 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION May 19, 2015 -39- Item V—H.l a.b.c PUBLIC HEARING ITEM#64869 Acting Mayor Jones DECLARED A PUBLIC HEARING: LEASES OF CITY-OWNED PROPERTY—Old Beach Open Air Markets a. 620 19`h Street—Farmer's b. 62019`' Street—Art c. 620 19`''Street- Green There being no speakers, Acting Mayor Jones CLOSED THE PUBLIC HEARING. May 19, 2015 -40- Item V—H.2 PUBLIC HEARING ITEM#64870 Acting Mayor Jones DECLARED A PUBLIC HEARING: FRANCHISE—L UMOS Networks,Inc. Telecommunications There being no speakers, Acting Mayor Jones CLOSED THE PUBLIC HEARING. May 19, 2015 -41- Item-V-I ORDINANCES ITEM#64871 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT,Agenda Items lAa/b/c, IB and 2. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 -42- Item -V-L1Aa/b/c ORDINANCES ITEM#64872 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinances to AMEND and RENEW Franchise Agreements: A. Old Beach Open Air Markets in the public right-of-way at 60019`'Street a. 62019t1! Street—Farmer's b. 620 19th Street- Green c. 62019" Street-Art Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 1 AN ORDINANCE GRANTING A RENEWAL 2 AND AMENDMENT TO THREE FRANCHISE 3 AGREEMENTS FOR OPEN MARKETS IN THE 4 PUBLIC RIGHT-OF-WAY ON 19TH STREET 5 6 WHEREAS, on June 25, 2013, City Council adopted an ordinance granting three 7 franchise agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. 8 (trading as Old Beach Green Market) and Old Beach Art Market to operate open air 9 markets in the public right-of-way on 19th Street; and 10 11 WHEREAS, the franchise agreements authorized the closure of three hundred 12 (300) feet of roadway in the 600 block of 19th Street on each Saturday during the 13 months of June, July, and August, and on the third Saturday of each month from 14 September through May; and 15 16 WHEREAS, the franchise agreements had a term of one (1) year, with the option 17 for two (2) additional one (1) year extensions; and 18 19 WHEREAS, the franchise agreements stated that the agreements could be 20 renewed administratively with the mutual written agreement of both parties, but could 21 not be renewed beyond May 31, 2006 without City Council approval; and 22 23 WHEREAS, in 2013, the Old Beach Farmers Market, Old Beach Green Market 24 and Old Beach Art Market operated in the right-of-way on 19th Street; and 25 26 WHEREAS, in 2014, the franchise agreements were renewed administratively for 27 additional one-year terms, and the proprietors continued to operate open air markets in 28 the right-of-way on 19th Street pursuant to the terms of the original franchise 29 agreements; and 30 31 WHEREAS, in 2015, the proprietors of the open air markets contacted the City 32 and requested to (1) exercise their option to renew the franchise agreements for 33 additional one-year terms; and (2) amend the franchise agreements to expand the dates 34 of operation by operating on additional Saturdays during the months of September 35 2015, October 2015, and May 2016. 36 37 WHEREAS, the proposed amended franchise agreements authorize the closure 38 of 300 feet of roadway in the 600 block of 19th Street on the Saturdays previously 39 approved by City Council, and on the following additional Saturdays: (a) two (2) 40 additional Saturdays in September 2015; (b) three (3) additional Saturdays in October 41 2015; and (c) one (1) additional Saturday in May 2016, for a total of six (6) additional 42 road closures during the term of the agreement. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH: 46 47 1. That the City Council hereby authorizes the one-year renewal of the franchise 48 agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. (trading 49 as Old Beach Green Market) and Old Beach Art Market. 50 51 2. That the City Council hereby authorizes the amendment of the franchise 52 agreements for Old Beach Farmers Market, Eco Maniac Company, Inc. (trading 53 as Old Beach Green Market) and Old Beach Art Market to include additional 54 dates of operation on Saturdays during the months of September 2015, October 55 2015 and May 2016, as set forth specifically in the Amendment and Renewal of 56 Franchise Agreements for Open Air Market Operation. 57 58 3. That the City Manager, or designee, is hereby authorized to execute Amendment 59 and Renewal of Franchise Agreements for Open Air Market Operation with Old 60 Beach Farmers Market, Eco Maniac Company, Inc. (trading as Old Beach Green 61 Market) and Old Beach Art Market in accordance with the attached Summary of 62 Terms and such other terms and conditions deemed necessary and sufficient by 63 the City Manager and in a form approved by the City Attorney. 64 Adopted by the City Council of Virginia Beach, Virginia on this 19th day of May , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ffcStrategic Growth Area Office CityAttorney's Oe CA13333 R-1 May 6, 2015 -43- Item -V-I.1B ORDINANCES ITEM#64873 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Franchise Agreement re Telecommunications service in public right- of-ways B. LUMOS Networks,Inc. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 111 1 AN ORDINANCE GRANTING TO LUMOS NETWORKS, 2 INC., A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, 3 MAINTAIN AND OPERATE TELECOMMUNICATIONS 4 FACILITIES IN THE PUBLIC STREETS AND PUBLIC 5 RIGHTS-OF-WAY OF THE CITY 6 7 8 WHEREAS, LUMOS Networks, Inc. hereinafter ("LUMOS"), having its principal 9 office at One LUMOS Plaza, Waynesboro, Virginia, is a telecommunications carrier, as 10 defined in Title 47, Section 153 of the United States Code; and 11 12 WHEREAS, LUMOS desires to use and occupy the City's streets and public 13 rights-of-way for the purposes of constructing, installing, and maintaining network 14 facilities for telecommunications services within the City; and 15 16 WHEREAS, the Virginia State Corporation Commission has granted to LUMOS 17 certificates of convenience and necessity authorizing it to provide local exchange and 18 interexchange telecommunications services; and 19 20 WHEREAS, the City is agreeable to allowing LUMOS to use the City's public 21 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 22 set forth in a proposed nonexclusive franchise entitled "CITY OF VIRGINIA BEACH, 23 VIRGINIA NONEXCLUSIVE FRANCHISE AGREEMENT WITH LUMOS NETWORKS, 24 INC.," dated May 19, 2015; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby approves the franchise agreement entitled "CITY 30 OF VIRGINIA BEACH, VIRGINIA NONEXCLUSIVE FRANCHISE AGREEMENT WITH 31 LUMOS NETWORKS, INC.," dated May 19, 2015, a summary of the material terms of 32 which is hereto affixed and a copy of which is on file in the City Clerk's Office, and 33 hereby authorizes and directs the City Manager to execute such Agreement on behalf of 34 the City. MayAdopted by the Council of the City of Virginia Beach, Virginia, on this 19thday of , 2015. i ill CA-13355 April 29, 2015 R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: X 6,o B. 1/./. .9/6 tfAiditui, /14 Al ,# Department Communications City Attorney's Office and Information Technology 2 LUMOS NETWORKS, INC. TELECOMMUNICATIONS FRANCHISE AGREEMENT SUMMARY OF MATERIAL TERMS Parties: City of Virginia Beach and LUMOS Networks, Inc. Term: Five years, renewable year-to-year but may be cancelled by either party at end of any term (90 days' notice to cancel). LUMOS must remove facilities upon termination or City may allow to remain in place and take ownership Fee: None (State law restricts telecommunications franchise fees to Public Rights-of-Way Use Fee) Location: Per route map; LUMOS may install its facilities only on existing poles or underground Relocation: LUMOS solely responsible for paying cost of removal or relocation of its facilities if public project necessitates their removal or relocation Installation: LUMOS required to return public streets or public rights-of-way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Surety: $25,000 letter of credit and $50,000 surety bond Indemnity: LUMOS to indemnify City, its officers, employees and agents from and against all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense Nondiscrim- ination: Standard City language, includes good faith minority business efforts required by City Code 1. 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' 4”. •.,,,„..\-- .<,.":,Centerville& , -', ,-''-...- .4 - -''>,' ---. -, -\ .- '.. . vp '/2((District 1) •:;-;:,r:-•;•--,"1:; L', =....,,„;'..-':-•', ' '' , .•''--1,'- ' -/-- ::--: , ‘-':-..L.,':::'-';.-,.:'J„•-„,".„:,•:-''-- ',',•-• •., . . . -,,-;--:- ' "-,-••;cf- , • 4,. ---•-' -- .•••, -:. .---.. • ,•,,, ,/, - "(4. R,DGERN Jo.= .. .. ',y--,, \ ,_ C h e s a p e a k e , :c '(.._,'/ ,, \ 14Atpi \, \ N mi.001,. ii \. EK RD `N.. (r) ...k 0.141.A.8E404, in I cc\ 41--01•"--t- ,,,I.. 0 \ 4; 441.P Princ jests::7:Anne (D ; u..4 4, I _ . u - . \, 4 tZ LEGEND ''oP OUR 0.-0""' LUMOS Fiber Route i Virginia Beach }Aerial On Existing Dominion and Verizon Poles , DISCLAIMER City Districts and ..............,. _ VViof Available) nilaEbxleilting Verizon Conduit LUMOS Route Map iiit,. .—,...--- .....„........ .......................... . -----..—. ,,,,.....„..., . A/0, die laalalmer oi arning' anvoglaotalann ro„areneee I Prepared by _} Buried Cable Route ,,,,f.t?0 Virginia Beach City Districts Center for Geospatial Information Services no:Jo/aloes I,IS a la map leagosents appi name,loaanms n Lynnhaven April,2015 dil .. N Bayside Beach Princess Anne Centerville Rose Hall —. duel la not a legal sun ev and.e.1 e o W ye010, , 14i Kempsville 111:=1Mlea -44- Item -V-I.2 ORDINANCES ITEM#64874 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT Ebenezer Baptist Church an extension for satisfying the conditions of a Street Closure, granted May 27, 2014, encompassing Norwich Avenue, Wesleyan Drive and Burma Road DISTRICT 4-BAYSIDE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 16,467 SQ. FT. 4 PORTION OF NORWICH AVENUE, 5 WESLEYAN DRIVE AND BURMA ROAD FOR 6 EBENEZER BAPTIST CHURCH 7 8 WHEREAS, on May 27, 2014, City Council acted upon the application of 9 Ebenezer Baptist Church (the "Applicant") for the closures of a portion Norwich 10 Avenue, Wesleyan Drive and Burma Road, as shown on Exhibit A attached hereto; 11 12 WHEREAS, on May 27, 2104, City Council adopted an Ordinance (ORD- 13 3352A to close the aforesaid unimproved portions of Norwich Avenue, Wesleyan Drive 14 and Burma Road, subject to certain conditions being met on or before May 26, 2015; 15 and 16 17 WHEREAS, the Applicant has requested an extension of time and 18 requested up to two years from the current deadline, May 26, 2015, to satisfy the 19 conditions to the aforesaid street closure action. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on May 27, 2014 (ORD-3352A), upon application of Ebenezer Baptist Church, 26 is extended to May 26, 2017. 27 28 19th Adopted by the Council of the City of Virginia Beach, Virginia, on this 29 day of May , 2015. 30 31 NO GPIN (RIGHT-OF-WAY) 32 ADJACENT TO GPIN: 1468-05-9344 APPROVED AS TO LEGAL APPROV. D AS TO CONTENT: S I /821\1e • ;gill 1 City A ttorn- Plann�'• D=.partment CA13215 up R-1 May 6, 2015 II LOT 115 DIAMOND LAKE ESTATES (M.B. 38, PG. 51 & 52) r Nt • SF- ., 62120114 Lr) j1 o \�tfV � t y • N 00 �" ; � t4 AREA=6,028 SQ.FT./0.138 AC. L c-2 Wilk 0 2 AREA=7,721 SQ.FT./0.177 AC. 0 < del--- AREA=2,718 SQ.FT./0.062 AC. ) ,0 -0 y tJl ` i g CI '1' 1t� ' \ (S' 9i"' ? 3700 2O _,r) a ( 1) <4, N/F �6,�J<<�, �� " EBENEZER BAPTIST CHURCH 6�,-i G'� * r r-',0 (M.B. 232, PG. 27) �,� GPIN: 1468-05-9344 ,6Pp 6V4i '1 0 FRCS RDDLOCq �,\' do 44 9 11 S ScpN of of\7 ((j 6o • P �4( .. (1.1/41 6o, 3 2 o '� 0) 4q 0\1. LINE AS SHOWN IN © '�' M.B. 232, PG. 27 -o\ (EXTENDED) \ 7' STRIP RESERVED FOR oO G' , ,0: -:\ FUTURE RIGHT-OF-WAY - iI ... C5 �.. fk bo' (M.B. 232, PG. 27) C1 L8 E wESLEYq L1a. (41.13-ARIAB� D. VE LINE AS LI 8 113, PG SHOWN2 IN 113' PG. 22) (EXTENDED) EXHIBIT SHOWING PORTIONS OF NORWICH AVENUE, Root) WESLEYAN DRIVE, AND BURMA ROAD SCALE: 1"=40' JJ``�� PROPOSED FOR STREET CLOSURE DATE: 12/23/2013 LAPD SURVEYING,P.C. VIRGINIA BEACH, VIRGINIA REVISED: 01/17/2014 5737 BREVISED: 02 282014ARTEE STREET TEL / NORFOLK, VA. 23502 FAX:(757)466-93B4 SHEET 1 OF 2 _ 62,639 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT CHORD BEARING Cl 1145.00' 311'45" 63.86' 31.94' 63.86' S 80'05'08" E C2 1145.00' 2'22'19" 47.40' 23.70' 47.40' S 7718'06" E C3 50.00' 13018'29" 114.01' 108.81' 90.87' N 3611'30" E C4 87.90' 5915'56" 90.92' 50.00' 86.92' S 58'45'43" E C5 1145.00' 1'43'42" 34.54' 17.27' 34.54' S 76'58'47" E C6 50.00' 131'04'20" 114.38' 109.90' 91.02' N 35'33'06" E LINE TABLE LINE BEARING DISTANCE L1 N 8823'41" W 134.90' L2 N 29'07'45" W 165.84' L3 N 60'52'15" E 20.00' L4 N 60'52'15" E 20.00' L5 S 29'07'45" E 237.39' L6 N 29'07'45" W 275.50' OZ.'2� L7 N 8823'41" W 73.27' L8 N 8823'41" W 61.63' L9 N 29'09'47" W 156.42' L10 N 60'52'15" E 10.09' NOTES: 1) LINE AS SHOWN IN INSTRUMENT #20120307000255930, MAP BOOK 113, PAGE 22 AND AS SCALED FROM PLANS FOR WESLEYAN DRIVE IMPROVEMENTS 2) THIS AREA IS SHOWN AS PART OF NORWICH AVENUE AS BASED ON INFORMATION PROVIDED IN INSTRUMENT #20120307000255930, MAP BOOK 113, PAGE 22 AND AS SCALED FROM PLANS FOR WESLEYAN DRIVE IMPROVEMENTS. HOWEVER, THIS WOULD MAKE NORWICH AVENUE 50'(+/-) IN WIDTH AND NOT 40'(+/-) IN WIDTH AS SET FORTH IN MAP BOOK 37, PAGE 19 AND IN MAP BOOK 18, PAGE 53. 3) LINE AS SHOWN IN MAP BOOK 37, PAGE 19 AND MAP BOOK 18, PAGE 53. 4) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. EXHIBIT SHOWING PORTIONS OF NORWICH AVENUE, WESLEYAN DRIVE AND BURMA ROAD PROPOSED FOR STREET CLOSURE VIRGINIA BEACH, VIRGINIA RoonDATE: 12/23/2013 LAC SURVEYING,P.C. REVISED:01/17/2014 5737 8ARTEE STREET TEL:(757)466-1111 REVISED:02/28/2014 NORFOLK, VA. 23502 FAX:(757)468-9384 SHEET 2 OF 2 62,639 -45- Item—V-J PLANNING ITEM#64875 I. HOFD ASHVILLE PARK,LLC MODIFICATION OF PROFFERS 2. CARDINAL SIGN CORP and SPECIAL EXCEPTION FOR GEO DEVELOPMENT CORP ALTERNATIVE COMPLIANCE 3. C and C DEVELOPMENT COMPANY,INC. NONCONFORMING USE 4. C.P.MARINE&DIESLE SERVICES,INC. CONDITIONAL USE PERMIT and SPENCO,L.P. 5. TRUSTEES OF FIRST PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT 6. WAVES MOTEL SPECIAL EXCEPTION FOR ALTERNATIVE COMPLIANCE 7. CITY OF VIRGINIA BEACH CHANGES OF ZONING 8. CITY OF VIRGINIA BEACH AMEND CITY ZONING ORDINANCE ITEM#1 WILL BE DEFERRED INDEFINATELY ITEM#4 WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#7a/b/c COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#8c/d May 19, 2015 -46- Item -V-J PLANNING ITEM#64876 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council APPROVED, BY CONSENT, Items 1 (DEFERRED INDEFINATELY), 2, 3, 5, 6, 7a/b/c (MOSS VERVAL NAY, 8a/b, 8/c/d(MOSS VERBAL NAY) and 8/e of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 -47- Item—V-J.1 PLANNING ITEM#64877 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, DEFERRED INDEFINITELY, BY CONSENT, Application of HOFD ASHVILLE PARK, LLC for Modification of Proffers of a Conditional Rezoning of a single-family residential Development Plan at Ashville Park Boulevard(Deferred April 21, 2015)DISTRICT 7—PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 -48- Item -V-J.2 PLANNING ITEM#64878 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, APPROVED AS CONDITIONED, BY CONSENT, Application of CARDINAL SIGN CORP and GEO DEVELOPMENT CORP for a Special Exception for Alternative Compliance to §2210(a)(6) of the City Zoning Ordinance (CZO) re a freestanding sign at 233 Independence Boulevard in the CBDA Core District DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon CARDINAL SIGN CORP and GEO DEVELOPMENT CORP for a Special Exception for Alternative Compliance to §2210(a)(6) of the City Zoning Ordinance (CZO) re a freestanding sign at 233 Independence Boulevard in the CBDA Core District (GPIN 1477451163)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. The freestanding sign shall be monument style and constructed in substantial conformance with the submitted drawing entitled "TOWN CENTER POINT, 233 INDEPENDENCE", dated January 12, 2015, and prepared by Cardinal Sign Corporation. 2. There shall be at a minimum seventy-five (75) square feet of landscape material planted surrounding the freestanding sign. The landscape material shall be a combination of ornamental grass, ground cover, and low shrubs, not to exceed three (3)feet in height at maturity. 3. The height of the freestanding sign shall not exceed eight (8)feet as measured from the ground level to the top of the sign structure. 4. This approval shall be for the life of the sign only. Should the sign be replaced or the Site substantially redeveloped, all signage on the Site or proposed for the Site shall be reevaluated for compliance This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of May, Two Thousand Fifteen. May 19, 2015 -49- Item -V-J.2 PLANNING ITEM#64878 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 i II 0141A•13E.40 o 5; City of Virginia Beach �' S Op OUR NMICA4 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 In Reply Refer to 0054950 wsessoms@vbgov.com May 22, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure 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 Cardinal Sign Corporation for a Special Exception for Alternative Compliance to Section 2210(a)(6) of the City Zoning Ordinance (freestanding signs in the Central Business Core District)for property located at 233 Independence Boulevard and owned by GEO Development Corporation. 2. The applicant has disclosed that TowneBank has a lien on the property. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I was out of the state on City business on May 19, 2015, when this item was on the City Council's agenda, and I returned to the office this morning. I wish to disclose this interest and note for the record that I would have abstained from voting on this matter had I been present at the meeting. Mrs. Ruth Hodges Fraser -2- May 22, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, illiam D. Sessoms Mayor WDS/RRI -50- Item -V-J.3 PLANNING ITEM#64879 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, APPROVED AS CONDITIONED, BY CONSENT, Application of C and C DEVELOPMENT COMPANY, INC.for a Nonconforming Use re two new single family homes, at 200-204 80th Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon C and C DEVELOPMENT COMPANY,INC.for a Nonconforming Use re two new single family homes, at 200-204 80th Street(GPIN 2419588517)DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. The Site shall be developed substantially in conformance with the Plan, titled "IMPROVEMENT LAYOUT,"as prepared by WPL, and dated 09/18/2014. 2. The site shall be developed substantially in conformance with the Rendering, titled "200 & 204 80th Street," as prepared by C&C Development, and dated 10/31/2014. 3. As provided for in Section 105(g) of the Zoning Ordinance, upon a finding by the City Council that there will be no detrimental effect on the surrounding properties and that such a deviation is consistent with the recommendations of the Comprehensive Plan, the setback from 80th Street shall be eleven (11)feet or greater. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of May, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT 2 AND RECONSTRUCTION OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 200 AND 204 80th STREET 4 5 WHEREAS, C and C Development Co., Inc., (hereinafter the "Applicant") has 6 made application to the City Council for authorization to enlarge and reconstruct a 7 nonconforming use located at 200 and 204 80th Street in the R-5R Residential Resort 8 District by replacing two nonconforming single-family dwellings with two larger single- 9 family dwellings; and 10 11 WHEREAS, this lot currently contains two single-family dwellings, which is not 12 allowed in the R-5R Residential Resort District; 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, pursuant to Section 105 of the City Zoning Ordinance, the 18 enlargement and reconstruction of a nonconforming use is unlawful in the absence of a 19 resolution of the City Council authorizing such action upon a finding that the proposed 20 use, as enlarged and reconstructed, will be equally appropriate or more appropriate to 21 the zoning district than is the existing use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed use of the lot, as enlarged 27 and reconstructed, will be equally appropriate to the district as is the existing 28 nonconforming use under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the enlargement and reconstruction of the nonconforming use is hereby 34 authorized, upon the following conditions: 35 36 1. The site shall be developed substantially in conformance with the plan titled 37 "IMPROVEMENT LAYOUT," as prepared by WPL, and dated 09/18/2014. 38 39 2. The site shall be developed substantially in conformance with the rendering 40 titled "200 & 204 80th Street," as prepared by C&C Development, and dated 41 10/31/2014. 42 43 3. As provided for in Section 105(g) of the Zoning Ordinance, upon a finding by 44 the City Council that there will be no detrimental effect on the surrounding 45 properties and that such a deviation is consistent with the recommendations 46 of the Comprehensive Plan, the setback from 80th Street shall be 11 feet or 47 greater. 48 49 19th 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 51 of May , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: „1(1 gogge- PIn :i Department City Attorney's Office CA 13360 R-1 May 12, 2015 2 -51- Item -V-J.4 PLANNING ITEM#64880 The following registered to speak: Emily Palmer, 1401 Air Rail Avenue, Phone: 721-2950, spoke in opposition. She owns the building next door to C.P. Marine & Diesel Services, Inc., and is concerned the property will end up like other "mechanical businesses" cluttered with multiple vehicles. She advised the buildings share a drive-way and parking is a concern. She also expressed concern regarding the noise level. Patrick Mummey-Thalhimer, 222 Central Park, representing the Applicant, advised the Applicants have been renting a building right down the road from where this property is located and have never received any complaints. Upon motion by Council Lady Wilson, seconded by Council Lady Henley, City Council, DEFERRED INDEFINATELY, Application upon C.P. MARINE& DIESEL SERVICES, INC. and SPENCO, L.P. for a Conditional Use Permit re vehicle repair at 1399 Air Rail Avenue DISTRICT 4—BAYSIDE Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 -52- Item-V-J.5 PLANNING ITEM#64881 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, APPROVED AS CONDITIONED, BY CONSENT, Application of TRUSTEES OF FIRST PRESEBYTERIAN CHURCH for a Conditional Use Permit re religious use and child care at 303 36th Street DISTRICT 6— BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon TRUSTEES OF FIRST PRESEBYTERIAN CHURCH for a Conditional Use Permit re religious use and child care at 303 36`x`Street(GPIN2418936952)DISTRICT 6—BEACH The following conditions shall be required: 1. The Site shall be developed with regard to layout, plantings, fencing and tree preservation, in substantial conformance with the submitted exhibit entitled, "Modular Classroom Conceptual Site Plan, First Presbyterian Church, 303 36th Street, Virginia Beach, Virginia, 23451, " dated February 2, 2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be developed substantially in conformance with the elevations depicted on the exhibit entitled, "Conceptual Modular Elevations, First Presbyterian Church, 303 36`'' Street, Virginia Beach, Virginia, 23451, dated February 2, 2015, prepared by ModSpace, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The proposed storage shed shall be constructed of the same exterior building materials and color scheme as the proposed modular classroom building, identified in Condition No. 2 above, and located substantially as shown, meeting all setback requirements, on the submitted Plan identified in Condition No. 1 above. 4. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the modular structure. 5. The modular structure shall be permitted on this site for not more than ten (10) years from the date of City Council approval and shall only be located as depicted on the submitted Plan identified in Condition No. 1 above. 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 Nineteenth day of May, Two Thousand Fifteen. May 19, 2015 -53- Item -V-J.5 PLANNING ITEM#64881 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 -54- Item -V-J.6 PLANNING ITEM#64882 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, APPROVED AS CONDITIONED, BY CONSENT, Application of WAVES MOTEL for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re a mixed use structure at 1304 and 1312 Atlantic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon WAVES MOTEL for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re a mixed use structure at 1304 and 1312 Atlantic Avenue (GPINs 2427251854 and 2427251916)DISTRICT 6—BEACH The following conditions shall be required.• 1. The layout of the site shall be substantially as shown on the plans entitled "LANDSCAPE PLAN" and "SITE PLAN, "as prepared by Clark Nexsen. Said Plans have been exhibited to the City Council and are on file in the Department of Planning. 2. The structure on the site shall be substantially as shown on the Drawings entitled "1300 BLOCK DEVELOPMENT FIRST FLOOR PLAN, " "1300 BLOCK DEVELOPMENT SECOND FLOOR PLAN" "RENDERED ELEVATIONS," "PERSPECTIVE RENDER — LEGENDS PARK AND ATLANTIC AVENUE, " "MATERIAL ELEVATIONS," and "PROPOSED ALTERNATIVE COMPLIANCE WALL SECTION "as prepared by Clark Nexsen. Said Drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. Any mechanical equipment shall be screened from view from all property lines, including the Western shared lot line. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of May, Two Thousand Fifteen. May 19, 2015 -55- Item -V-J.6 PLANNING ITEM#64882 (Continued) Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson,James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 NA•$EA, \Uhl\ �' City of Virginia Beach °499 <4, 4-,9 4-S s° OF °UR NAS��N VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms(©vbgov.com In Reply Refer to 0054951 May 22, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure 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 Waves Motel, Inc. for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code for property it owns located at 1312 Atlantic Avenue. 2. The applicant has disclosed that TowneBank may provide financing with respect to the application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I was out of the state on City business on May 19, 2015, when this item was on the City Council's agenda, and I returned to the office this morning. I wish to disclose this interest and note for the record that I would have abstained from voting on this matter had I been present at the meeting. Mrs. Ruth Hodges Fraser -2- May 22, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms Mayor WDS/RRI -56- Item -V-17a/b/c PLANNING ITEM#64883 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council,APPROVED AS CONDITIONED,BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH for Changes of Zoning: a. 0-2 Office (Historic Kempsville Overlay District[HKJ) to B-4K Historic Kempsville Area Mixed Use District(HK) b. R-10 Residential District(HK) to B-4K Historic Kempsville Area Mixed Use District(HK) c. B-2 Business District to B-4K Historic Kempsville Area Mixed Use District(HK) This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of May, Two Thousand Fifteen. Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms,Jr. • May 19, 2015 -57- Item -V-J.8a PLANNING ITEM#64884 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. §§111, 901 and 2203 and §5.2 of the Oceanfront Resort District Form-Based Code to establish Wine Tasting Rooms as a Principal Use in the B-1A Limited Business District, B-2 Community Business District, B-3 Central Business District, B-4C Central Business Mixed Use District, CBC Central Business Core District and ORD Oceanfront Resort District and ADD new §209.3 re requirements This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of May, Two Thousand Fifteen. Voting.• 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 III 1 AN ORDINANCE TO AMEND 111, 901 AND 2203 OF THE 2 CITY ZONING ORDINANCE AND SECTION 5.2 OF THE 3 OCEANFRONT RESORT DISTRICT FORM-BASED CODE, 4 DEFINING THE TERM "WINE-TASTING ROOM" AND 5 ESTABLISHING WINE TASTING ROOMS AS A PRINCIPAL 6 USE IN THE B-1A LIMITED BUSINESS DISTRICT, B-2 7 COMMUNITY BUSINESS DISTRICT, B-3 CENTRAL 8 BUSINESS DISTRICT, B-4C CENTRAL BUSINESS MIXED 9 USE DISTRICT, CBC CENTRAL BUSINESS CORE DISTRICT 10 AND ORD OCEANFRONT RESORT DISTRICT AND ADDING 11 A NEW SECTION 209.4 OF THE CITY ZONING ORDINANCE, 12 SETTING FORTH REQUIREMENTS FOR THE USE 13 14 Sections Amended: City Zoning Ordinance Sections 111, 901 15 and 2203; Oceanfront Resort District Form-Based Code Section 16 5.2 17 18 Section Added: City Zoning Ordinance 209.4 19 20 WHEREAS, the public necessity, convenience, general welfare and good zoning 21 practice so require; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That Sections 111, 901 and 2203 of the City Zoning Ordinance and Section 5.2 27 of the Oceanfront Resort District Form-Based Code are hereby amended by 28 establishing wine tasting rooms as a principal use in the B-1A Limited Business District, 29 B-2 Community Business District, B-3 Central Business District, B-4C Central Business 30 Mixed Use District, CBC Central Business Core District and ORD Oceanfront Resort 31 District and a new Section 209.4 of the City Zoning Ordinance, setting forth 32 requirements for the use is hereby added, to read as follows: 33 34 ARTICLE 1. GENERAL PROVISIONS 35 . . . . 36 37 Sec. 111. Definitions. 38 39 For the purpose of this ordinance, words used in the present tense shall include 40 the future; words used in the singular number include the plural and the plural the 41 singular; the use of any gender shall be applicable to all genders; the word "shall" is 42 mandatory; the word "may" is permissive; the word "land" includes only the area 43 described as being above mean sea level; and the word "person" includes an individual, 44 a partnership, association, or corporation. 45 46 In addition, the following terms shall be defined as herein indicated; provided that 47 in the event a term defined in this section is defined differently in the regulations of any 48 form-based district, the latter definition shall control if the property to which the definition 49 applies is located in the form-based district: 50 . . . . 51 Wine-tasting room. An establishment licensed as a winery or farm winery that 52 serves only wine or non-alcoholic beverages for retail on-premises or off-premises 53 consumption and that does not serve meals. 54 55 COMMENT 56 The amendment defines the use "wine tasting room." The use differs from ordinary 57 restaurants in that a wine tasting room does not serve meals and is licensed as a winery or farm 58 winery. 59 60 61 62 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 63 ALL DISTRICTS 64 65 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 66 PARKING, OFF-STREET LOADING, AND CERTAIN USES 67 68 . . . . 69 70 209.4. Wine-tasting rooms. 71 72 In addition to general requirements, wine-tasting rooms shall be subject to the 73 following provisions: 74 (a) A valid license issued by the Virginia Alcoholic Beverage Control Board 75 shall be held by the establishment at all times, and the conditions of any such license 76 shall be adhered to by the operator of the establishment at all times; 77 (b) Only wine, non-alcoholic beverages and food other than meals, such as 78 appetizers, tapas, snacks and similar types of food may be served. For purposes of this 2 II 79 section, "meals" shall mean an assortment of foods commonly ordered in bona fide, full- 80 service restaurants as principal meals of the day; 81 (c) Wine and non-alcoholic beverages may be sold at retail for on-premises 82 consumption and for off-premises; 83 (d) There shall be no sale or consumption of wine on the premises between 84 midnight and ten o'clock (10:00) a.m.; and 85 (e) Live music shall be performed only inside the establishment and doors 86 and windows shall remain closed during such performances, except during the actual 87 ingress and egress of patrons and employees. 88 89 COMMENT 90 The section sets forth the requirements pertaining to wine tasting rooms. The chief means 91 by which wine-tasting rooms are differentiated from restaurants is that the former may not serve 92 meals or alcoholic beverages other than wine. The definition of "meals" is derived from its 93 counterpart in the Alcoholic Beverage Control Act. 94 95 ARTICLE 9. BUSINESS DISTRICTS 96 97 Sec. 901. Use regulations. 98 99 (a) Principal and conditional uses. The following chart lists those uses 100 permitted within the B-1 through B-4K Business Districts. Those uses and structures in 101 the respective business districts shall be permitted as either principal uses indicated by 102 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 103 shall be prohibited in the respective districts. No uses or structures other than as 104 specified shall be permitted. 105 Use B-1 B-1A, B-2 l B 3 , B-4 1B-4C.B 4K! Wind energy conversion systems, roof-mounted, in C C CCC C C excess of one (1) per principal structure • Wine-tasting rooms, subject to the provisions of Section X PPPXP X 209.4 106 107 3 108 COMMENT 109 The amendments allow wine-tasting rooms as principal (by-right) uses, subject to the 110 provisions of Section 209.4,in the B-1A,B-2,B-3 and B-4C Districts. 111 112 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT 113 . . . . 114 115 B. DEVELOPMENT REGULATIONS 116 117 Sec. 2203. Use regulations. 118 119 (a) The following chart lists those uses permitted within the Central Business 120 Core District. Uses and structures shall be allowed either as principal uses, indicated by 121 a "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 122 shall be prohibited, unless allowed by special exception for Alternative Compliance 123 pursuant to Section 2205. No uses or structures other than as specified herein or as 124 allowed pursuant to subsection (b) shall be permitted. 125 126 Use CBC 127 128 Wind energy conversion systems, 129 roof-mounted, in excess of one (1) 130 per principal structure P 131 132 Wine-tasting rooms, in accordance with 133 the provisions of Section 209.4 P 134 135 COMMENT 136 The amendments allow wine-tasting rooms as principal (by-right) uses, subject to the 137 provisions of Section 209.4,in the CBC Central Business Core District. 138 139 Oceanfront Resort District Form-Based Code 140 141 (APPENDIX 1 TO CITY ZONING ORDINANCE) 142 143 Chapter 5. Use 144 145 Sec. 5.1. General Provisions 4 146 5.1.1 Permitted Uses 147 148 The permitted use table identifies uses allowed by building type. The key for the use 149 table is set forth below. 150 151 A. Permitted Use (P) 152 153 Indicates that the use is permitted by right. 154 155 B. Limited Use (L) 156 157 Indicates that the use, while permitted by right unless otherwise specified, must meet 158 the applicable use standard. 159 160 C. Conditional Use (C) 161 162 Indicates that the use requires approval as a conditional use before it is allowed. Use 163 standards may also apply. 164 165 D. "--" 166 167 Indicates that a use is not permitted. 168 169 E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or by 170 Special Exception allowed pursuant to Sec. 7.3, shall not be permitted. 171 172 COMMENT 173 174 The section is shown for reference purposes only. 175 176 177 178 SEC. 5.2. PERMITTED USE TABLE 179 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes Wine-tasting room L L - L = L _ See section 209.4 180 181 5 182 COMMENT 183 184 The amendments allow wine-tasting rooms in the Oceanfront Resort District in the building 185 types indicated by an "L,"subject to the requirements of Section 209.4. 186 19th 187 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 188 May , 2015 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i svd 41 / 'la ping D-partment City Attorney's Office CA-13322 March 19, 2015 R-1 6 -58- Item -V-J.8b PLANNING ITEM#64885 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: b. §105 re Nonconformities 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 Nineteenth day of May, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 1 AN ORDINANCE TO AMEND SECTION 105 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO NONCONFORMITIES 4 5 Section Amended: City Zoning Ordinance Section105 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 105 of the City Zoning Ordinance is hereby amended and 14 reordained to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 18 . . . . 19 20 Sec. 105. Nonconformity. 21 22 . . . . 23 24 (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall 25 be increased in magnitude. No nonconforming use shall be enlarged or 26 extended to cover a greater land area than was occupied by the 27 nonconformity on the effective date of this ordinance or amendment 28 thereto. No nonconforming use shall be moved in whole or in part to any 29 other portion of the lot, parcel, or structure not occupied by the 30 nonconformity on the effective date of this ordinance or amendment 31 thereto, and no nonconforming structure shall be moved at all except to 32 come into compliance with the terms of this ordinance. No nonconforming 33 structure shall be enlarged, extended, reconstructed, or structurally 34 altered, if the effect is to increase the nonconformity. As an exception to 35 the above, any condition of development prohibited by this section may be 36 permitted by resolution of the city council based upon its finding that the 37 proposed condition is equally appropriate or more appropriate to the 38 district than is the existing nonconformity. City council may attach such 39 conditions and safeguards to its approval as it deems necessary to fulfill 40 the purposes of this ordinance. Applications for the enlargement, 41 extension or relocation of a nonconforming use or structure shall be filed 42 with the planning director. The application shall be accompanied by a fee 43 of five hundred dollars ($500.00) to cover the cost of processing the 44 application. The planning director shall cause the application to be 45 advertised for public hearing before the planning commission. Notice shall 46 be given as provided by Section 15.2-2204 of the Code of Virginia; 47 provided, however, that written notice as prescribed therein shall be given 48 at least fifteen (15) days prior to the hearing. The cost of the public notices 49 required by Section 15.2-2204 of the Code of Virginia shall be charged to 50 the applicant. A sign shall be posted on the site in accordance with the 51 requirements of section 108 of this ordinance. The planning commission 52 shall hold the public hearing at the time and place announced. Following 53 the public hearing, the commission shall by motion adopt its 54 recommendation and findings, and shall transmit such recommendation 55 and findings to city council. Upon receiving such recommendation, the 56 city council shall give notice of a public hearing as set forth in this section 57 and shall thereafter hold a public hearing and act upon the proposed 58 application. 59 60 (2) Additions to, or substantial alterations of, nonconforming structures 61 located in a zoning district intended to implement a Strategic Growth Area 62 Plan shall be permitted either in accordance with the regulations of such 63 district or of this section. No nonconforming use located in any form-based 64 district may be converted to any other use except as allowed pursuant to 65 the regulations of such district. 66 67 (e) (1) Conversion of a nonconforming use to another use. No nonconforming 68 use shall be converted to another use which does not conform to this 69 ordinance except upon a resolution of the city council authorizing such 70 conversion, based upon its finding that the proposed use is equally 71 appropriate or more appropriate to the district than is the existing 72 nonconforming use. In the resolution authorizing such change, the city 73 council may attach such conditions and safeguards to its approval as it 74 deems necessary to fulfill the purposes of this ordinance. When any 75 nonconforming use is converted to another use, the new use and 76 accompanying conditions of development shall conform to the provisions 77 of this ordinance in each respect that the existing use conforms, and in 78 any instance where the existing use does not conform to those provisions, 79 the new use shall not be more deficient. Any such use authorized by the 80 city council shall thereafter be subject to the provisions of this section and 2 81 to any conditions or restrictions attached by the city council. Applications 82 for the conversion of a nonconforming use or structure shall be filed-with 83 - - - - - - . - - - - - -- - . - - --- - - -84 five hundred dollars ($500.00) to cover the cost of processing the 85 . e e -- - . ' • . .- e - - e - •- - - - 86 2204; provided, however, that written notice as prescribed therein shall be 87 given at least fifteen (15) days prior to the hearing. The cost of the public 88 notices required by Section 15.2 2204 of the Codc of Virginia shall be 89 charged to the applicant. A sign shall be posted on the site in accordance 90 with the requirements of section 108 of this ordinance processed in the 91 same manner as specified in subsection (d)(1). 92 93 . . . . COMMENT The amendments require applications for an enlargement or extension of a nonconformity or for the conversion of a nonconforming use to another use to be heard by the Planning Commission. The proposed procedure for each type of application is essentially identical to the procedure used in other planning matters,such as rezonings and conditional use permits. 19th Adopted by the Council of the City of Virginia Beach, Virginia, on the day of May , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )1,41, ())6441.A; /14 Planni ri"t,artment City Attorney's Office CA13297 R-2 March 24, 2015 3 -59- Item -V-J.8c PLANNING ITEM#64886 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: c. §111 to DEFINE "Live-Work Unit" and ADD §209.3 to allow Live-Work Units in certain Zoning Districts and setting forth performance and development standards This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of May, Two Thousand Fifteen. Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 1 2 AN ORDINANCE TO AMEND SECTION 111 OF THE CITY 3 ZONING ORDINANCE BY DEFINING THE TERM "LIVE- 4 WORK UNIT" AND TO ADD A NEW SECTION 209.3, 5 ALLOWING LIVE-WORK UNITS IN CERTAIN ZONING 6 DISTRICTS AND SETTING FORTH PERFORMANCE AND 7 DEVELOPMENT STANDARDS FOR SUCH UNITS 8 9 Section Amended: City Zoning Ordinance Section 111 10 11 Section Added: City Zoning Ordinance Section 209.3 12 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 The Section 111 of the City Zoning Ordinance is hereby amended and reordained, and 21 a new Section 209.3 of the City Zoning Ordinance is hereby added, to read as follows: 22 23 ARTICLE 1. GENERAL PROVISIONS 24 25 . . . . 26 27 Sec. 111. Definitions. 28 29 . . . . 30 31 Live-work unit. A unit, consisting of both living space and work space, in which 32 commercial activity is carried on by at least one resident of the unit and in which such activity 33 is not otherwise allowed as a home occupation or accessory use. 34 35 . . . . 36 37 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL 38 DISTRICTS 39 40 . . . . 41 42 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET PARKING, 43 OFF-STREET LOADING, AND CERTAIN USES 44 45 . . . . 46 47 Sec. 209.3. Live-work units. 48 49 (a) Objectives. The objectives of this section are to: 50 51 (1) Encourage, in areas of the City in which mixed-use development is 52 allowed, the creation of units that contain both living and working spaces; 53 54 (2) Ensure compatibility between live-work developments and surrounding 55 land uses and avoid negative impacts both to occupants of live-work units 56 and those of neighboring properties; and 57 58 (3) Encourage the establishment of small and startup businesses by allowing 59 such businesses to be operated from within the same unit in which the 60 owners, operators or employees of such business live. 61 62 (b) Where allowed. Live-work units shall be permitted in the following district: 63 64 (1) The OR Oceanfront Resort District, in accordance with Section 5.2 of the 65 Oceanfront Resort District Form-Based Code. 66 67 (c) Performance and development standards. Except as otherwise provided by the 68 regulations of the zoning district in which they are located, live-work units shall be subject to 69 the following requirements: 70 71 (1) Commercial activity performed within a live-work unit shall be limited to 72 those uses permitted by the regulations of the district in which such unit is 73 located. Live-work units shall be subject to the provisions of Article 18 74 (Special Regulations in Air Installations Compatible Use Zones); 75 76 (2) At least one (1) resident of the live-work unit shall be engaged in the 77 commercial activity performed within such unit and, if required by Section 78 18-5 of the City Code or any successor ordinance, shall have a valid 79 business license for such activity or be a bona fide full-time employee of 80 an individual or entity having such a license; 81 82 (3) Living and work spaces in a live-work unit shall not be sold, rented or 83 subleased separately; 2 84 85 (4) A maximum of five (5) employees who are not residents of a live-work unit 86 may occupy the working space within such unit at any one time; 87 88 (5) No more than fifty per cent (50%) and no less than twenty per cent (20%) 89 of the floor area a live-work unit shall consist of work space. For purposes 90 of this section, "work space" shall mean the area within a live-work unit 91 that is used primarily or exclusively for the performance of commercial 92 activity, including any retail sales; 93 94 (6) Work space shall be located exclusively on the lower floor of any live-work 95 unit having two or more levels, including lofts; 96 97 (7) Live-work units shall have a minimum floor area of one thousand (1,000) 98 square feet of floor area and a maximum floor area of three thousand 99 (3,000) square feet; and 100 101 (8) Parking requirements shall be in accordance with the regulations of the 102 district in which a live-work unit is located; provided, however, that in any 103 district in which parking requirements are determined exclusively by a 104 parking study, the parking requirement for live-work units shall be two (2) 105 spaces per unit. 106 107 (d) Building Code standards. Live-work units shall be subject to all applicable 108 regulations of the Virginia Uniform Statewide Building Code (USBC), including the regulations 109 of other building codes incorporated by reference into the USBC. 110 111 COMMENT 112 113 Subsection (a) sets forth the objectives of the ordinance, the general purpose of which is to 114 encourage redevelopment of certain areas of the City, such as the Resort Area, in which mixed-use 115 environments are encouraged and current land use is less than optimal. While not a new concept, live- 116 works have been successful in helping to revitalize commercial and industrial areas of a number of major 117 cities. 118 119 Subsection (b) lists the districts in which live-work units are allowed. While the section,as drafted, 120 allows them only in the OR Oceanfront Resort District, it is contemplated that future ordinances would 121 allow them in portions of certain of the City's Strategic Growth Areas. 122 123 Subsection(c) sets forth the performance and development standards for live-work units. The 124 listed standards are subject to the regulations of the district in which a live-work unit is located, such that 125 any conflicting standards are resolved in favor of the standards of the district. This approach allows a high 3 126 degree of flexibility in tailoring the applicable live-work unit regulations to the objectives of each zoning 127 district in which they are allowed. 128 129 Subsection (d) requires conformity with the Virginia Uniform Statewide Building Code, including 130 the building codes it incorporates by reference,such as the International Building Code. While some of the 131 regulations in the Building Code are also set forth in the ordinance, others, such as ingress-egress, fire 132 protection,ventilation and plumbing requirements,are incorporated by reference into the ordinance. 133 134 135 Adopted by the City Council of the City of Virginia Beach, Virginia on this 19th day 136 of May , 20 15 137 138 139 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 140 141 iq 142 �A,✓'�t G�� "l - 1"4a. aj 143 Planning7artment City Attorney's Office 144 145 146 CA-13035 147 R-4 148 March 19, 2015 4 -60- Item -V-J.8d PLANNING ITEM#64887 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: d. §§5.2 and 6.2.2 of the Oceanfront Resort District Form-Based Code, to allow Live-Work Units in certain building types and ESTABLISHING parking requirements 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 Nineteenth day of May, Two Thousand Fifteen. Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Rosemary Wilson,James L. Wood and John E. Uhrin Council Members Voting Nay: John D. Moss Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 1 AN ORDINANCE TO AMEND SECTIONS 5.2 AND 2 6.2.2 OF THE OCEANFRONT RESORT DISTRICT 3 FORM-BASED CODE, BY ALLOWING LIVE-WORK 4 UNITS IN CERTAIN BUILDING TYPES AND 5 ESTABLISHING PARKING REQUIREMENTS FOR 6 SUCH USE 7 8 Sections Amended: Oceanfront Resort District Form-Based Code 9 Sections 5.2 and 6.2.2 10 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That Sections 5.2 and 6.2.2 of the Oceanfront Resort District Form-Based Code 19 are hereby amended and reordained, to read as follows: 20 21 CHAPTER 5. USE 22 23 Sec. 5.1. General Provisions 24 5.1.1 Permitted Uses 25 26 The permitted use table identifies uses allowed by building type. The key for the use 27 table is set forth below. 28 A. Permitted Use (P) 29 Indicates that the use is permitted by right. 30 B. Limited Use (L) 31 Indicates that the use, while permitted by right unless otherwise specified, must meet 32 the applicable use standard. 33 C. Conditional Use (C) 34 Indicates that the use requires approval as a conditional use before it is allowed. Use 35 standards may also apply. 36 D. "--" 37 Indicates that a use is not permitted. 38 39 E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or by 40 Special Exception allowed pursuant to Sec. 7.3, shall not be permitted. 41 42 COMMENT 43 44 The section is shown for reference purposes only. 45 46 . . . . 47 48 Sec. 5.2. Permitted Use Table 49 50 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes RESIDENTIAL Housing for L L L L L See Sec.235 seniors, disabled persons Live-work L L L L See Sec.209.3 units 51 52 COMMENT 53 54 The amendments allow live-work units as limited uses in both ground and upper 55 floors in mixed-use buildings and in detached houses. A "limited use" is one that is allowed 56 by right but must meet a separate use standard. In this case, live-work units are subject to 57 the provisions of the proposed new City Zoning Section 209.3, which sets forth use 58 standards for live-work units that apply throughout the zoning districts in City where live- 59 works are allowed. 60 61 62 CHAPTER 6. SITE DEVELOPMENT 63 64 Section 6.2.2. Required Parking 65 66 . . . . 67 68 B. Parking Requirements by Use 69 70 The following minimum parking spaces are required: 71 2 72 73 Use West of Pacific Ave. East of Pacific Ave. Single-family or 2/unit 2/unit duplex Multi-family *2/unit for first 50 units and *2/unit for first 50 units and 1.75/unit for all units in excess 1.75/unit for all units in of 50 excess of 50 Lodging 1/unit 1/unit Office 1/270 sf no requirement Retail 1/250 sf no requirement Office/Retail/Mix 3.5/1000 sf; 1.7/dwelling unit no requirement ed Use Restaurant 1/100 sf no requirement Live-work units 2/unit no requirement 74 * If no residential parking permits are issued for residents of any multi-family dwelling 75 units, parking requirement is reduced to 1.3 spaces per dwelling unit. 76 77 78 COMMENT 79 80 The amendments specify that live-work units located west of Pacific Avenue require 81 two parking spaces per unit and, consistently with the treatment of other uses east of 82 Pacific Avenue, no parking is required in that area. 83 84 19th 85 Adopted by the City Council of the City of Virginia Beach, Virginia on the 86 day of May 20 15 87 88 89 90 3 91 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 92 93 aataiti 114 AL/ 94 /Mitt ��iillJ�� 95 Depart o 'Tanning City Attorney's Office 96 97 98 99 CA-13100 100 March 19, 2015 101 R-3 4 -61- Item-V-J.8e PLANNING ITEM#64888 Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council, ADOPTED, BY CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: e. §211 re allowed signage for Parks and Recreation Centers This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of May, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 1 AN ORDINANCE TO AMEND SECTION 211 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO ALLOWED SIGNAGE FOR 4 CITY-OWNED PARKS AND RECREATION 5 CENTERS 6 7 SECTION AMENDED: City Zoning Ordinance Section 211 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That Section 211 of the City Zoning Ordinance is hereby amended and 16 reordained, to shall read as follows: 17 18 Sec. 211. Signs permitted in all districts. 19 20 . . . . 21 22 (j) Signs for public schools and private schools having curriculum similar to 23 public schools. . . 24 25 (1) Wall Signs. Schools may have a maximum of two (2) wall signs for 26 each building wall facing a public street, as prescribed below. 27 28 a. One (1) square foot of wall signage for every two (2) linear feet 29 of each building wall facing a public street. Said signage shall 30 not exceed a maximum of one hundred (100) square feet for 31 each such wall. 32 33 b. Any building wall located five hundred (500) feet or more from a 34 public street shall not exceed a maximum of two hundred and 35 fifty (250) square feet of signage for each such wall. 36 37 . . . . 38 39 (m) Signs for city-owned parks and recreation centers. The following signs 40 shall be permitted: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jim lima.. .4\ _ Planni g I partment City Attorney's Office CA13294 R-3 March 23, 2015 3 41 42 (1) Wall Signs. City-owned parks and recreation centers may have a 43 maximum of two (2) wall signs for each building wall facing a public 44 street, as prescribed below: 45 46 a. One (1) square foot of wall signage for every two (2) linear feet 47 of each building wall facing a public street. Said signage shall 48 not exceed a maximum of one hundred (100) square feet for 49 each such wall. 50 51 b. Any building wall located five hundred (500) feet or more from a 52 public street shall not exceed a maximum of two hundred and 53 fifty (250) square feet of signage for each such wall. 54 55 (2) Freestanding Signs. City-owned parks and recreation centers may 56 have freestanding monument signs as prescribed below: 57 58 a. Any city-owned park or recreation center located on a lot with an 59 area less than fifteen (15) acres shall be permitted one (1) 60 freestanding monument sign with a maximum of two (2) faces of 61 forty (40) square feet per face. 62 63 b. Any city-owned park or recreation center located on a lot with an 64 area of fifteen (15) acres or more in size shall be permitted one 65 (1) freestanding monument sign per street, located at the 66 principal vehicular entrance of each street. In no case, shall 67 there be more than one (1) freestanding monument sign on 68 each street. Each sign shall not exceed a maximum of two (2) 69 faces of forty (40) square feet per face. 70 71 c. No freestanding monument sign shall be installed within fifty 72 (50) feet of a residential use. Adopted by the City Council of the City of Virginia Beach on the 19th day of May , 2015. 2 -62- ITEM V-K APPOINTMENTS ITEM#64889 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CLEAN COMMUNITY COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 -63- ITEM V-K APPOINTMENTS ITEM#64890 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: C. CHEYNEY COLE, JR. ROSE P.DARIA Four year term 07/01/2015- 06/30/2019 ARTS and HUMANITIES COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 -64- ITEM V-K APPOINTMENTS ITEM#64891 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: JOANNAUGONE Three year term 05/16/2015—05/31/2018 AUDIT COMMITTEE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 -65- ITEM V-K APPOINTMENTS ITEM#64892 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: CHARLES GEE FAISON,JR. CHARLES R.MALBON, JR. STACEY SHIFLET MARTIN A. THOMAS ROBERT"BOB"THORNTON(EX OFFICIO) PLANNING COMMISSION REPRESENTATIVE Three year term 07/01/2015—06/30/2018 and APPOINTED: E. ROSS ROCKWELL—(EX OFFICIO) PLANNING COMMISSION REPRESENTATIVE Three year term 07/01/2015—06/30/2018 BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 -66- ITEM V-K APPOINTMENTS ITEM#64893 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: WILLIAM E. HART,JR. ANGELA HATHAWAY STEPHEN R. ROMINE KIMBERLY S. SHULER Three year terms 07/01/2015—06/30/2018 BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 -67- ITEM V-K APPOINTMENTS ITEM#64894 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: ARMOND REICH,ARCHITECTURE AND DESIGN Unexpired term plus two year term thru 12/31/2018 BOARD OF BUILDING CODE APPEALS New Construction Division Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 -68- ITEM V-K APPOINTMENTS ITEM#64895 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: ROBERT M.DYER BARBARA M.HENLEY JAMES K. SPORE Two year terms 07/01/2015—06/30/2017 HAMPTON ROADS PLANNING DISTRICT COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 -69- ITEM V-K APPOINTMENTS ITEM#64897 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: MICHAEL F. BERLUCCHI Three year term 05/19/2015—03/31/2018 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 -70- ITEM V-K APPOINTMENTS ITEM#64898 Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED: KELVIN W.ARTHUR HARSHOD BAROT SHELIA JOHNSON MICHAEL J.LANCASTER JUSTO F.MANGLICMOT DELCENO C.MILES FERDINAND PEREZ Two year terms 06/01/2015—05/31/2017 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms,Jr. May 19, 2015 -71- ITEM V-K APPOINTMENTS ITEM#64899 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: JAMES T. VAIL Unexpired term thru 09/30/2018 and JEFFERYL.MARKS (Alternate) Unexpired term thru 09/30/2020 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Mayor William D. Sessoms, Jr. May 19, 2015 -72- Item -V-N ADJOURNMENT ITEM#64900 Acting Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:39 P.M. / `2z cmc al-., a61 /1\_iv\...d--- CAmanda Finley-Ba s, CMC Sandra M. Madison,MMC Chief Deputy City Clerk Deputy City Clerk II R Hodges Fraser, MMC Vice Mayor Louis R.Jones ity Clerk Acting Mayor City of Virginia Beach Virginia May 19, 2015