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09152015CITY OF VIRGINIA BEACH CITY COUNCIL'S BRIEFING: SUMMARY OF COUNCIL ACTIONS DEVELOPMENT AUTHORITY- Elizabeth A. "Boo" R Twohy, Past Chair, O Economic D S DATE 09/15/2015 PAGE: 1 A Development S- V Authority H S AGENDA E H IVIII/IV/ A E 11-0 W Y ITEM # SUBJECT MOTION VOTE N Y E J Y Y M S U I P D N O K M M S H L W I -E O Y L N A O O O R S O R E E E N S N M 1 O O Y T R Y S E S D S N N D I CITY COUNCIL'S BRIEFING: DEVELOPMENT AUTHORITY- Elizabeth A. "Boo" Annual Report Twohy, Past Chair, Economic Development Authority IVIII/IV/ CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V/VI/VI I -E F/G MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y September 1, 2015 H/1 PUBLIC HEARINGS: 1. Acquisition of Property ARP NO SPEAKERS 1619 North Muddy Creek Road 2. Lease of City -owned Property NO SPEAKERS 912 Princess Anne Road — "Old Creeds Library" 3. Byrne Memorial Justice Grant NO SPEAKERS 4. 2016 Legislative Agenda ONE SPEAKER 1-1 Ordinance to AUTHORIZE acquisition ADOPTED BY 9-1 Y Y Y Y Y N Y A Y Y Y of an ARP Easement at 1619 North CONSENT B Muddy Creek Road S T A I N E D 2. Ordinances to AUTHORIZE/EXECUTE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Leases: CONSENT a. Senior Resource Center, Inc. at 912 Princess Anne Road b. Tidewater Youth Services re Lynnhaven Boys Home at 2293 Lynnhaven Parkway 3 Ordinance to AUTHORIZE/EXECUTE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Modifications to the Parking Facilities CONSENT Lease with Lynnhaven Mall CITY OF VIRGINIA BEACH Ordinance to ACKNOWLEGE the ADOPTED 9-2 Y N Y Y Y N Y Y SUMMARY OF COUNCIL ACTIONS Y Y intended purchase of Light Rail Vehicles R O 5 Resolution to AUTHORIZE/EXECUTE ADOPTED BY 11-0 D Y Y Y Y Y S Y Y Y Y DATE 09/15/2015 PAGE: 2 A CONSENT S- V Federal Transit funds re Norfolk H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I ADOPTED BY 11-0 P D N O K M M S H L W O Y L N A O O O R S O R E EE Mental Health/ Retardation/Substance N S N M I O O T R Y S E S D S N N D 4 Ordinance to ACKNOWLEGE the ADOPTED 9-2 Y N Y Y Y N Y Y Y Y Y intended purchase of Light Rail Vehicles by HRT with available State funding 5 Resolution to AUTHORIZE/EXECUTE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a letter to HRT for the $5,000,000 CONSENT Federal Transit funds re Norfolk Southern Railway r -o -w purchase 6 Resolution to AUTHORIZE a contract ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y between the CSB/Commonwealth of Va re CONSENT Mental Health/ Retardation/Substance Abuse 7 Ordinance to EXECUTE an Amended ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Design Agreement with the U.S. Army CONSENT Corps of Engineers re Lynnhaven River Basin Ecosystem Restoration 8 Ordinances to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT/APPROPRIATE Grant CONSENT Funds: a. $1,386,000 from Homeland Security for SAFER re new firefighter positions b. $366,251 from US Field Hockey Assoc re Sportsplex c. $95,475 in Edward Byrne Justice Assistance: 1. $41,048 Sheriff 2. $37,949 Police 3. $16,478 Community Corrections/Pretrial Department d. $75,000 Va Behavioral Health re community based resources for older adults e. $60,060 from DMV/TRANSFER $30,030 to Police re DUI f $52,000 from DMV/TRANSFER $26,000 to Police re seat belt enforcement g. $51,441 remaining balance in an interest free loan to Ocean Park Volunteer Rescue Squad, Inc. re ambulance h. $1,000 from Walmart to Fire re CERT CITY OF VIRGINIA BEACH 2700 INTERNATIONAL PARKWAY APPROVED/ 10-0 Y Y Y Y Y Y Y A SUMMARY OF COUNCIL ACTIONS Y Y CORP Modification of Proffers of a COZ CONDITIONED, BY B R CONSENT S O Warehouse at 3132 Sturbridge Court D S T DATE 09/15/2015 PAGE: 3 A S- A I V H S AGENDA E N H A E W ITEM # SUBJECT MOTION VOTE N E J E M S U I P D N O K M M S H L W 2 O Y L N A O O O R S O Y R E E E N S N M I O O T R Y S E S D S N N D J/1 2700 INTERNATIONAL PARKWAY APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y CORP Modification of Proffers of a COZ CONDITIONED, BY B (approved May 14, 2002)/CUP re a Mini- CONSENT S Warehouse at 3132 Sturbridge Court T DISTRICT 3 — ROSE HALL A I N E D 2 KAWLIGA DUKES for a Subdivision APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance re a single-family home/private CONDITIONED, drive at 2884 Indian River Road BY CONSENT DISTRICT 7 — PRINCESS ANNE 3 IVY LEAGUE ACADEMY/VA APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BEACH FIRST CHURCH OF THE CONDITIONED, NAZARENE CUP re a Private School BY CONSENT at 4413 Wishart Road DISTRICT 4 — BAYSIDE 4 STAIN STUDIOS/OLD BRANDON APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LASKIN ASSOC, LLC CUP re aTattoo CONDITIONED, Parlor at 1721 Laskin Road BY CONSENT DISTRICT 6 — BEACH 5 ESPERANZA APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y FORONDAUERRY/ESPERANZA CONDITIONED, FORONDA CUP re Assisted Living BY CONSENT Housing for Seniors/Disabled Persons at 4672 Indian River Road DISTRICT I — CENTERVILLE 6 CCW DEVELOPMENT/ WAYNE DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y DUPREE Conditional COZ from A-12 to INDEFINITELY, B Conditional A-12 re multiple family BY CONSENT S units at 596 Sea Oats Way T DISTRICT 6 — BEACH A I N E D 7 CITY: a. Conditional COZ from I-1 to B- APPROVED 10-1 Y Y Y Y Y N Y Y Y Y Y 4/CUP re Housing Resource Center BY CONSENT at 104 Witchduck Road b. AMEND Chapter 2 of the ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y Comprehensive Plan re inclusion of CONSENT all SGA as Urban Development Areas CITY OF VIRGINIA BEACH APPOINTMENTS RESCHEDULED B Y C O N S E N SUMMARY OF COUNCIL ACTIONS U S BAYFRONT ADVISORY R O COMMUNITY SERVICES BOARD — D S DATE 09/15/2015 PAGE: 4 A S- V HISTORICAL REVIEW BOARD H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I Appointed 3 -Yr Term 11-0 P D N O K M M S H L W O Y L N A O O O R S O R E E E N S N M I O O T R Y S E S D S N N D K APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BAYFRONT ADVISORY COMMISSION COMMUNITY SERVICES BOARD — CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION BEACHES and WATERWAYS Appointed 3 -Yr Term 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY COMMISSION 7/1/15-6/30/18 Empsy Munden DEVELOPMENT AUTHORITY Appointed Unexpired 11-0 Y Y Y Y Y Y Y Y Y Y Y thru 8/21/17 Rony Thomas DOMESTIC VIOLENCE FATALITY Appointed — No Term 11-0 Y Y Y Y Y Y Y Y Y Y Y REVIEW TEAM Angie Laing, Norfolk General Hospital Forensic Nurse Examiner TIDEWATER COMMUNITY COLLEGE Appointed Unexpired 11-0 Y Y Y Y Y Y Y Y Y Y Y thru 6/30/19 Cindy Free VIRGINIA BEACH COMMUNITY Appointed Unexpired 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION thru 12/31/15 + 4 Years thru 12/31/19 Tammy B. Hindle Peter Reuss WORKFORCE HOUSING ADVISORY Reappointed 4 -Yr 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD Term 10/1/15-9/30/19 Timothy F. McCarthy John Olivieri L/M/N ADJOURNMENT 6:27 PM VIRGINIA BEACH CITY COUNCIL ACTIONS FORMAL SESSION September 15, 2015 ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement and issuance of the City's contractual obligation in the maximum amount of $565,264 to the Bourroughs Family Revocable Trust at 1619 North Muddy Creek Road ADOPTED, BY CONSENT: Ordinances to AUTHORIZE and EXECUTE Leases: a. Senior Resource Center, Inc. re services for Senior Citizens at 912 Princess Anne Road b. Tidewater Youth Services Commission re Lynnhaven Boys Home at 2293 Lynnhaven Parkway ADOPTED: Ordinance to AUTHORIZE and EXECUTE Modifications to the Parking Facilities Lease with Lynnhaven Mall, LLC re relocation of parking spaces at the Mall ADOPTED, BY CONSENT: Ordinance to ACKNOWLEGE the intended purchase of Light Rail Vehicles by Hampton Roads Transit with available State funding ADOPTED, BY CONSENT: Resolution to AUTHORIZE and EXECUTE a letter to Hampton Roads Transit for the use of $5,000,000 Federal Transit Administration Grant funds re their portion of the Norfolk Southern Railway right-of-way purchase ADOPTED, BY CONSENT: Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re Mental Health, Retardation and Substance Abuse Services ADOPTED, BY CONSENT: Ordinance to EXECUTE an Amended Design Agreement with the U.S. Army Corps of Engineers re Lynnhaven River Basin Ecosystem Restoration ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $1,386,000 from the U.S. Department of Homeland Security for Staffing for Adequate Fire and Emergency Response (SAFER) re twelve (12) new firefighter positions b. $366,251 from the US Field Hockey Association re Sportsplex repairs, renovations and field maintenance c. $95,475 in Edward Byrne Justice Assistance: 1. $41,048 Sheriff 2. $37,949 Police 3. $16,478 Community Corrections and Pretrial Department d. $75,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) re community based resources for older adults e. $60,060 from the Division of Motor Vehicles (DMV) and TRANSFER $30,030 to Police re DUI enforcement f. $52,000 from the Division of Motor Vehicles (DMV) and TRANSFER $26,000 to Police re seat belt enforcement g. $51,441 remaining balance in an interest free loan to Ocean Park Volunteer Rescue Squad, Inc. re ambulance replacement h. $1,000 from Walmart to Fire re the Community Emergency Response Team (CERT) Program APPROVED/CONDITIONED, BY CONSENT: 2700 INTERNATIONAL PARKWAY CORP for Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business (approved May 14, 2002); and a Conditional Use Permit re a Mini -Warehouse at 3132 Sturbridge Court DISTRICT 3 — ROSE HALL; subject to: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. All conditions attached to the Conditional Use Permit granted by City Council on May 14, 2002, shall be deleted and replaced with the following conditions: 1. There shall be no mechanical equipment permitted between the storage building and the eastern property line. 2. There shall be no electric or diesel power generator or generator fueled by any other sources of energy located outside the building. 3. The Storage Units shall be used for the storage of goods. The Units shall not be used for office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods. 4. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini - warehouse premises; and, said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixture shall not be erected any higher than fourteen (14) feet. Signage on the parcel containing the storage facility shall be limited to one monument -style freestanding sign, and two (2) building signs as shown on the submitted building elevations and renderings noted in Proffer No. 2. Any freestanding monument -style sign shall not exceed eight (8) feet in height and shall be constructed using materials to match the building. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. An elevation drawing shall be submitted to the Planning Director for approval prior to obtaining a permit for the sign installation. A permit shall be obtained from the Planning Department, Zoning Division, for all signage added to the site. 6. The applicant shall change the address of the parcel containing the storage facility. The parcel shall obtain an address on Lynnhaven Parkway. This shall be done during the formal Site Plan Review Process with the Planning Department, Development Services Center. 7. No barbed wire, razor wire or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building. 8. There shall be no exterior storage permitted on the property. 9. There shall only be one access point permitted from Lynnhaven Parkway for the subject site and the proposed outparcel. A one (1) foot no ingress/egress easement shall be recorded along Lynnhaven Parkway on the proposed outparcel when it is recorded. 10. Landscape material shall be installed on site in compliance with the requirements of the City's Landscape Guide. All landscaping shall be shown on the Site Plan and reviewed by the Planning Department, Development Service Center's Landscape Architect upon the formal Site Plan Review Process. Landscaping required includes, but is not limited to the following: (a) Category IV landscape screening along the Eastern property line; (b) Foundation landscaping along the front of the storage building adjacent to Lynnhaven Parkway; (b) Street frontage landscaping, a minimum ten (10) feet in width, installed along Lynnhaven Parkway. APPROVED/CONDITIONED, BY CONSENT: KAWLIGA DUKES for a Subdivision Variance re a single-family home and private drive at 2884 Indian River Road DISTRICT 7 — PRINCESS ANNE; subject to: 1. The site shall be substantially as shown on the submitted Plan entitled, "PRELIMINARY SUBDIVISION OF PROPERTY," dated May 26, 2015, as prepared by Bonifant Land Surveys. 2. The above references Subdivision Plan must be submitted to the Planning Department/Development Services Center for review and recordation. APPROVED/CONDITIONED, BY CONSENT: IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for a Conditional Use Permit re a Private School at 4413 Wishart Road DISTRICT 4 — BAYSIDE; subject to: 1. The proposed use of a Private School shall operate only between the hours of 7:30 AM and 5:30 PM, Monday through Friday. 2. A maximum of 150 students shall be permitted to enroll each year. APPROVED/CONDITIONED, BY CONSENT: STAIN STUDIOS and OLD BRANDON LASKIN ASSOCIATES, LLC for a Conditional Use Permit re aTattoo Parlor at 1721 Laskin Road DISTRICT 6 — BEACH; subject to: 1. A Business License shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any on-site signage for the Office Complex and the Tattoo Parlor shall meet the requirements of the Zoning Ordinance. The use of L.E.D. (or similar electronic display) shall be prohibited from any sign that specifically advertises the Tattoo Parlor. 3. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 4. The hours of operation shall be within the hours of 10:00 AM to 10:00 PM seven days a week. APPROVED/CONDITIONED, BY CONSENT: ESPERANZA FORONDA and JERRY and ESPERANZA FORONDA for a Conditional Use Permit re Assisted Living Housing for Seniors and Disabled Persons at 4672 Indian River Road DISTRICT 1 — CENTERVILLE; subject to: 1. With the exception of any modifications required by any of these Conditions or as a result of Site Plan Review to meet all applicable requirements for housing for Seniors and Disabled Persons, the site shall be developed substantially in conformance with the exhibit entitled, "Maximille Assisted Living," prepared by Reich Design Associates, P.L.C., dated July 11, 2015, which has been viewed by the Virginia Beach City Council and is on file in the Planning Department. 2. The Conditional Use Permit shall be for provision of housing for seniors 62 years of age and older and for disabled persons. The capacity, number of bedrooms and residents, shall not exceed the limit permitted by the Department of Social Services and the Building Official's Office. 3. The building shall be protected by centrally monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally monitored call -for -aid system. 4. The house numbers on the front of the residence shall remain clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. 5. The proposed and existing driveways must meet Public Works Standards. 6. Any freestanding sign shall be of residential scale, shall have a maximum height, as measured from ground level, of four (4) feet, shall have a maximum area of twelve (12) square feet per side, shall have an angle of separation between sign faces of no greater than fifteen (15) degrees and shall be externally lit. Any Freestanding Sign shall be approved by the Planning Director prior to the issuance of a Sign Permit. 7. Potential residents shall be informed that HRT Paratransit service is not available at this location. DEFERRED INDEFINITELY, BY CONSENT: CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment re multiple family units at 596 Sea Oats Way DISTRICT 6 — BEACH Applications of CITY OF VIRGINIA BEACH: a. APPROVED, BY CONSENT: Conditional Chanize of Zoning from I-1 Industrial to B-4 Mixed -Use District and Conditional Use Permits re the Housing Resource Center for the Homeless at 104 Witchduck Road DISTRICT 4 — BAYSIDE; subject to: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. ADOPTED, BY CONSENT: AMEND Chapter 2 of the Comprehensive Plan re inclusion of all Strategic Growth Areas (SGA) as meeting the intent of the Virginia Code as Urban Development Areas. APPOINTMENTS — RESCHEDULED BY CONSENSUS BAYFRONT ADVISORY COMMISSION COMMUNITY SERVICES BOARD — CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION Appointed 3 -Yr Term 7/1/15-6/30/18 Empsy Munden DEVELOPMENT AUTHORITY Appointed Unexpired thru 8/21/17 Rony Thomas DOMESTIC VIOLENCE FATALITY REVIEW TEAM Appointed — No Term Angie Laing, Norfolk General Hospital Forensic Nurse Examiner TIDEWATER COMMUNITY COLLEGE Appointed Unexpired thru 6/30/19 Cindy Free VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Appointed Unexpired thru 12/31/15 + 4 Years thru 12/31/19 Tammy B. Hindle Peter Reuss WORKFORCE HOUSING ADVISORY BOARD Reappointed 4 -Yr Term 10/1/15-9/30/19 Timothy F. McCarthy John Olivieri