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APRIL 21, 2015 MINUTES
CITY OF VIRGINIA BEAC = II "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER Centerville-District I G�NIA•gF BARBARA Q gam"� ACS M.HENLEY, 0. e",y L SHANNON DS Princess 7 KANE,Rose Hall--District 3 O �_` -:: 1) JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND, Z U �� ,,� Y JOHN E.UHRIN,Beach-District6ville-District 2 ROSEMARY WILSON, C. .eM "� JAMES L. W At-Large +� WOOD,Lvmzliaven-District 5 „' E CITY aF arc %le, COUNCIL APPOINTEES `'"'rj� CITY MANAGER-JAMES K.SPORE CITY ATTORNEY-MARK D.STILES CITY HALL BUILDING CITY ASSESSOR-JERALD D. TILES N 2401 COURTHOUSE DRIVE CITY AUDITOR VIRGINIA BEACH, VIRGINIA 23456-9005 CITY CLERK--RUTH HODGES FRASER,MMC CITY COUNCIL AGENDA PHONE.-(757)385-4303 FAX(757)385-5669 E-MAIL:Ctycncl@vbgov.com 21 APRIL 2015 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL WORKSHOP - Conference Room - A. FY 2015-16 RESOURCE 1VI 3:00 PM ANAGEMENT PLAN(Budget) 1• QUALITY PHYSICAL ENVIRONMENT (QPE) a. Planning—Jack Whitney b. Public Utilities—Tom Leahy C. Public Works—Phil Davenport 2. FAMILY and YOUTH OPPORTUNITIES (FYO) a. Health -Dr. Heidi Kulberg b. Human Services -Dannette R. Smith II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER—Mayor William D. 5:30 PM Sessoms, Jr. B. ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke Retired Priest, Diocese of Richmond C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMALandFORMALSESSIONS April 7, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES 1. Ordinances to AMEND the City Code: a. Daily reports to Police by Pawnbrokers, Junk, Secondhand Dealers and Precious Metal/Gem Dealers b. ESTABLISH the ViBe Creative District re an "Arts and Cultural District and Technology Zone" DISTRICT 6 - BEACH 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Community Development Corporation re use of land and residence at 1409 Old Virginia Beach Road DISTRICT 6- BEACH 3. Ordinance to EXTEND the date for one year to SATISFY conditions in the matter of closing unimproved portions of rights-of-ways at: a. Singleton Way (formerly Princess Anne Road) b. S. Witchduck Road (formerly Kempsville Road) c. Princess Anne Road (Relocated) 4. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $2,639,476 from the General Fund to the Risk Management Internal Service re Workers' Compensation Claims b. $372,657 to the Schools Operating Budget: $ 340,710 from Instruction to Technology Classification $ 31,947 from Operations and Maintenance to Technology Classification c. $ 60,984 in Grant Funds from the Virginia Depailiuent of Health re LUCAS CPR devices and LifePak cardiac monitor upgrades d. $ 60,984 to the Emergency Medical Services re local match for Emergency Medical Equipment: $45,000—transfer within the EMS Operating Budget $15,984—from the General Fund Reserve for Contingencies I. PLANNING 1. TIMOTHY J. COSTEN for a Street Closure re an unimproved portion of Scott Bend Lane at North Oceana Boulevard DISTRICT 6—BEACH RECOMMENDATION APPROVAL 2. LEONARD M. LYON for the enlargement and relocation of a Nonconforming Use to construct additions and relocate two (2) residences at 4481 Lee Avenue DISTRICT 4—BAYSIDE RECOMMENDTION DEFERRAL TO MAY 5, 2015 3. ST. JAMES MISSIONARY CHURCH for a Modification of a Conditional Use Permit to allow a portable classroom at 5724 Old Providence Road DISTRICT 1 —CENTERVILLE RECOMMENDATION APPROVAL 4. HOFD ASHVILLE PARK, LLC for Modification of Proffers of a Conditional Rezoning of a single-family residential Development Plan at Ashville Park Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. G & A PROPERTIES,LLC for a Conditional Use Permit re auto repair at 590 Baker Road DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 6. EAT THE STREETS 757/MIKE STANDING FESTIVAL, LLC: a. Special Exception for Alternative Compliance to 2.2 of the Oceanfront Resort District Form- Based Code b. Conditional Use Permit re open air market and outdoor recreation at 712 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION APPROVAL 7. Ordinances to AMEND the City Zoning Ordinance: a. ADDING definitions of"Small Wireless Telecommunication facility", "Temporary Communication Tower" and AMENDING the definition of"Antenna, Building-Mounted," b. Building-Mounted Antennas and Small Wireless Telecommunication facilities c. ESTABLISHING requirements for Small Wireless Telecommunication facilities, Temporary Communication Towers and Building-Mounted Antennas d. The Oceanfront Resort District Form-Based Code ALLOWING Small Wireless Telecommunication facilities as Permitted RECOMMENDATION APPROVAL J. APPOINTMENTS BOARD OF BUILDING CODE APPEALS —New Construction COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT 2015—2016 RESOURCE MANAGEMENT PLAN SCHEDULE WORKSHOP APRIL 21ST PUBLIC HEARING—Green Run High School APRIL 23rd WORKSHOP -PUBLIC HEARING- Council Chamber APRIL 28TH RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* p -1- 10-0M+al okk kAtty(4 �"V-LI'V'4E( VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 21, 2015 Mayor William D. Sessoms, Jr., called to order City Council's Briefing, in the City Council Conference Room, Tuesday,April, 21 2015, at 3:00 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 -2- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Planning ITEM#64746 3:00 P.M. Mayor Sessoms welcomed Jack Whitney, Director-Planning. Mr. Whitney expressed his appreciation to City Council for their continued support: rx Planning and Community Development Department Budget Workshop April 21, 2015 jack Whitney Below is the Department's Operating Budget: Planning Department Operating Budget drain Unit FY 1445 FY 14 FY 15-16 FY 1546 "' Change FY 15 Amended FTE Proposed FTE Amended to FY 3.6 Proposed Planning .$1,272,291 10.0 $1,453,234 10.0 $180,943 14.2% Services ESO Programs 728,049 7.0 724,921 7.0 ($3.12_5) (0.4%) Comprehensive 529,657 5.0 586,646 r 5.5 $56,989 10.8% Planning Current Planning and 1.694,152 19.0 1.675.424 19.0 (518,726) (1.1%) Zoning DSC 2,243073 24.0 :7,237343 24.0 (510;530) (0.5%) Bldg. Permits 3,922,002 51.0 3,820,660 50.0 ($101,342) (2.6%) and Inspections Total $10,394,224 116.0 $10,498,428... 115.5 $104,204 1.0% April 21, 2015 -3- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Planning ITEM#64746 (Continued) Below are the Department's Trends and Highlights: Planning Department Trends&Highlights rGmmng Dewrtmemwona,a m En Cemwneon Ten `oriiioad measures aggregated IFF11.00E1 I Llustrata 7 yeear trend: - LCELLPAttGEJ ICELLnnNGEI CCHL 9 Building in p Tena EuxnHGEI t i cL-€ L Paramts ,os " �I 'Ting,'inspeatinns - — ... n. is DSC Pars Re,tiewad PC;EC,P,ci a items 3z3 t xY, bld% -`.ert?s _ no n vs aPA Items . a 11 ja Wetlands Board items n09 "° FY 11 "U F,33 WL. FY15e=t. 3 zacotront! A twat,Sun,of 10 Workload Indicators —4.—FiF Below are the Department's Significant Issues: Planning Department Significant Issues ➢ Comprehensive Plan update to be completed during FY16 ➢ New automation tools(Accela)enable online plan submission and improved access to Planning information ➢ Permits and Inspections Administrative and Certificate of Occupancy Fee increases will generate additional revenue, $184,255 ➢ Trade Permits accepted online-58% ➢ DSC improving efficiency as a result of Process Improvement Committee efforts April 21, 2015 -4- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Planning ITEM#64746 (Continued) Conclusions ➢Moderate increase in planning,development and building activity ➢Department staffing is relatively constant ➢Stormwater Program fully staffed Mayor Sessoms thanked Mr. Whitney and the entire Department for their work. April 21, 2015 -5- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 3:14 P.M. Mayor Sessoms welcomed Tom Leahy, Director—Public Utilities. Mr. Leahy expressed his appreciation to City Council for their continued support: - tirW, ' i �ment of Public Utilities FY ZQi57 16 Budget Presentation April 21,2015 erector:Thomas M.Leahy,P.E. City Manager:David L.Hansen { • Below is the Department's Mission: Department of Public Utilities Mission: Provide the highest quality and most reliable public water supply and wastewater �` J �� collection services at the lowest practical cost April 21, 2015 -6- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) Below is the Department's Organization Chart: Public Utilities Organization Lea I earn. FTEs nEs I I 1 SII vl Below is some of the Department's "Good News": Good News • Lowest charge for water supply in the region,and one of the lowest combined water and sanitary sewer charges • Two triple-A and the highest double-A bond ratings • Sustainably collect more than 99.5%of revenue (99.6% in FY2013 and FY2014). Stormwater&solid waste enjoy the same efficiency • Water quality, reliability of service,customer response, level of service are top-tier at any level of comparison • We lead the region in progress and performance with respect to the sanitary sewer consent order • Superior response to the record cold in 2014,the Coal Ash spill, and several storms w/extensive power outages April21, 2015 -7- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) Below are some of the Department's Specific Accomplishments in 2014: Specific Accomplishments in 2014 • Electronic Billing/Payment System. Participation is 18% and climbing, paper postage and handling savings of $120,000 per year, improved customer service • New basis for collecting connection fees. Direct savings of$100,000 per year,2 FTE's have assumed significant new work load, improved customer service • Third consecutive year of less than one SSO per 100 miles of sewer lines • AVL: Fuel savings$90,000 per year, improved customer service, improved employee performance • $2.4M Resort Area Sanitary Sewer Pump Station • $4.3M Princess Anne/Nimmo Water Storage Tank Below are the top Budget considerations: Top Budget Considerations • Aging Infrastructure: Developer built water and sewer facilities dedicated to the City in the high-growth period of the 1970's and 80's are wearing out and must be replaced • Workload is up:Aging infrastructure,unfunded mandates • Productivity impacted by aging workforce and laws and regulations for employee protection • Revenues stagnant:Customer base is not growing,water demand down 14%since 2007 • Traffic forces many repairs and CIP projects to short days, nights,or weekends—increased cost,lower productivity • Budget is focused upon sustainability of operations,the CIP, and aging infrastructure. No rate increases for FY2016 April 21, 2015 -8- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) Water Demand Down 14% From 2007 VA Beach Supply and Demand(mgd) 45.0 40.0 35.0 ./•\.,�� 30.0 25.0 20.0 15.0 10.0 5.0 1970 1980 1990 2000 2010 2020 2030 Below is the specific information regarding Budget Issue PUD-001: Budget Issue PUD-001: Electrical Support for SCADA System • Request for 2 additional full-time positions,a vehicle,and associated operating expenses to support the maintenance and operation of a new SCADA system being installed to meet the significantly increased monitoring requirements of the Consent Order • New equipment is digital,not analog,and requires a different set of skills from existing electricians • Number of instruments requiring routine calibration and maintenance is increasing from 621 to 1097,a 77% increase • Total program cost:$178,606 April21, 2015 -9- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) Below is the Department's Operating Budget: Public Utilities Operating Budget .................. . ............. 15 CY14 CY 15-16 FY 15-lb :change FY 15 FY 41 to ogram Unit Amended Proposed FYI; pt s° 6. ed Director's Office $ 470,417 3.0 $451,658 3.0 $(18;759) -3.99%. Engineering 9,473,306 88.0 9,873,609 88.0 400,303 4.23% lake Gaston Facilities 3,396,966 - 3,346,966 - (50,000) -1.47%. Water Services 25,041,000 - 24,943,865 - {97,135) -0.39% Contract Operations 30,138,625 :.255.0 30,796,399 257.0 657,774 2.18%'. Business Division 7,731,092 69.0 7,782,372 69.0 51,280 0.66% Debt Service 24,384,997 - 24,801,983 - 416,986 1.71% Reserves for Contingencies& 1,791,619 - 1,754,795 - (36,824) -2.06% Retiree Health Care Transfers to Other 18,271,875:' - 16,930,132 - (1341;743) -7.34% Funds Total $120,699,897 415.0 $120,681,779 417.0 $(18,118) -0.02% Public Utilities FY 2016 Operating Budget Total: $120,681,779 Water Services Contract,Debt Service, Operating bureaus account for$52.3M PAYGO,Transfers,and Reserves are$68.4M or 43%of the total annual budget or 57%of the total annual budget 3% 1% 16% 3 w 1,1 43% 43% .,° 26% {� 7% 16% - 21% ®Operations •warerservices contratt 15% Debt Service/PAYGO tl0.eserve5 •Salaries •Fringe eeneI,,, �s Transfers r.Contnttual5ervlces •Internal Servras a Other Charges/Supplies s.Caphal Outlay April 21, 2015 -10- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) Below is the Water and Sewer Fund Revenues: Water and Sewer Fund Revenues 6% ='� �i4 I vn encu suav�r aw oem.�e Ou9al � 43% so c. 50 51% :,o „so ,sm zoos p,o pz� zo>o ®water Charges CSewer Charges Other Miscellaneous Below are the Department's Major Budget Drivers: Major Budget Drivers Decrease in Pay-As-You-Go Support for CIP-This is a result of a ($1.5 Million) lowered CIP due to transfer of some Consent Order Mandates to HRSD Increase in Contractual Services Cost(Previously in CIP) +$0.462 Million Increase in Personnel Costs Associated with salaries increase, +$0.234 Million Health Care,Contracted Manpower,VRS and Overtime cost Increase in Cost Associated with Full Allocation Methodology of +$0.225 Million Indirect Cost Plan Increase in Debt Service for Additional Revenue Bonds +$0.419 Million Eliminate Transfer to Permits and Inspections—DFU Inspections ($0.102 Million) No Longer Needed Additional Electrical Crew to Support SCADA Data +$0.179 Million All current services were maintained and new operating budget functions were funded within current rates and existing revenues. April 21, 2015 -11- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) $120.00 In FY 2015,VA Beach Has the Lowest Water Charges and Second Lowest Combined Water and Sanitary Sewer sloo.co Charges at 6,000 Gallons per Month Water Usage $80.00 IN Total w Water $6000 Sewer 5.000 � sib wxax u.Ha,x. rxwwrcxx..s r+o.mix vne .ee.n vo.nmou<n Monthly Water & Sewer Billing for SFR @ 6,000 Gallons - No Rate Increases in FY 2016 — Fiscal Year 2011 2012 2013 2014 2015 2016 Water Supply $30.87 $30.87 $30.87 $30.87 $30.87 $30.87 Wastewater $19.53 $22.12 $24.86 $27.76 $30.81 $30.81 Collection Total Water+ Wastewater $50.40 $52.99 $55.73 $58.63 $61.68 $61.68 April 21, 2015 I -12- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) Water and Sewer Six-Year Capital Improvement Program • Capital Budget:$10,685,000 • Capital Budget:$27,752,604 • Six-Year Plan:$52,015,000 • Six-Year Plan:$183,872,604 1 � rosy x% �' e � Oyu � _ i.c �%rtli�'- ( k.,� s°6 ` mss o.vtx 86%J fi €- ' u r 4 P 9 1096 34Gi^` mE9 PMI,=k0 0 Equipment New Fa,It Construction/Expansion New Facility Construction/Expansion =:i Rehabilitation/Replacement e Technolehnol a[ion/Replacement ITechnoloty oHY "'-- -' , - Water and Sewer CIP Initiatives ProjectTotal Project Year 1 Project Start Cost Funding and End Dates New Projects in FY 2016: 5-043/6-043—Landstown Road Water/Sewer $800,000 $800,000 4/2014—11/2016 Improvements Other Projects Receiving Funds in FY 2016: 6-501—Auxiliary Power Program—Sewer Pump $19,866,816 $2,940,000 7/2010—6/2021 Stations 6-201—Green Hill Farms Sewer Improvements $2,620,000 $300,000 7/2014-6/2018 6-070—Infiltration,Inflow and Rehabilitation $68,610,000 $2,440,000 7/2009—6/2021 6-151—Landstown Yard Improvements $2,785,000 $380,000 7/2011-6/2021. 6-116—Prosperity Road Sewer Improvements $1,250,000 $1,000,000 7/2014—6/2016 6-041-Pump Station Modifications $94,405,069 $8,162,604 7/2009—6/2021 6-559—Sanitary Sewer Asset Management $2,050,000 $200,000 7/2013-6/2021 Program April 21, 2015 -13- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) Water and Sewer CIP Initiatives Project Total Project ` Year 1 Project Start Cost funding and End Dates x• Other Projects Receiving Funds in FY 2016 cont'd: 6-804—Sanitary Sewer Regulatory Compliance $37,598,476 $1,030,000 7/2008-6/2021 Program 6-552—Sanitary Sewer System Revitalization $38,165,736 $4,000,000 .7/2011-6/2021 6-952—Sewer Pump Station Flow Monitoring and $26,674,828 $5,800,000 2/2009—6/2018 Data Storage 6-953-Sewer Tap.Installation Program - °$2,856,811 .$330,000 7/2012—6/2021 6-551—System Expansion Cost Participation $1,920,000 $120,000 7/2014-6/2021 Agreements 6-555—Utility Crossings Condition Assessment $1,824,211 $200,000 7/2012—6/2021 Program... 6-556—Various Roadway/Storm Water $3,720,000 $500,000 7/2013—6/2021 Coordination Water and Sewer CIP Initiatives tett Total Project Year 1 Project Start Cast,,; 1 Funding and End Da .,y Other Projects Receiving Fundsin FY 2016 cont'd: - 5151—Landstown Yard Improvements $3,616,000 $380,000 7/2011—6/2021 5-604—Princess Anne Road Water Improvements $820,000 $820,000 7/2016—7/2018 5-116—Prosperity Road Water Improvements $2,250,000 $2,000,000 7/2014-6/2016 5-010—Raw Water Transmission System $4,550,000 $1,000;000 7/2014—6/2021 Rehabilitation' 5-031—System Expansion Cost Participation $820,000 $120,000 7/2014—6/2021 Agreements 5-260—Utility Crossings Condition Assessment $1,783,518 $200,000 7/2012—6/2021 5-251—Various Roadway/Storm Water $3,350,000 $250,000 7/2013—6/2021 Coordination 5-804—Water Line Extension,Replacement& $19,735,000 $4,065,000 7/2009-6/2021 Rehabilitation Program April 21, 2015 -14- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) Water and Sewer CIP Initiatives eject Total Pnkiect Year1 ProjectSiark (oat Funding and End Dates `` 'Other.Projects Receiving Funds in FY 2016 cont'd: 5-952—Water Pump Station Flow Monitoring and $1,469,176 $400,000 2/2009—6/2018 Data Storage 5-805—Water Utility Asset Management Program $8,450,000 $1,000,000 7/2008—6/2021 Below is the "Means of Financing FY 2016 to FY 2021": Means of Financing FY 2016 to FY 2021 • $4.1 million reduction in the programmed Six-Year Plan • Shifted funding from Revenue Bonds to Cash(short-term strategy) FY 0 toSsv 38Yegi 920"a B 3 ,., Revenue Bonds $ 20000,000 5 24,000,000$ 24,000,000$ 26,000,000$ 26,000,000$ 30,000,000$150,000,000 Pay-As-You Go $ 6,500,000 $ 8,000,000$ 8,000,000 $ 8,000,000 $ 8,000,000$ 8,000,000$ 46,500,000 Retained Earnings $ 10,437,604$ 5,230,000 $ 5,145,000 $ 5,915,000$ 6,010,000$ 5,150,000 5 37,887,604 Pay-As-You-Go- General Fund $ 1,500,000 5 - $ - $ - $ - 5 - $ 1 500.000 Total $38,437,604 5 37,230,000 $37,145,000 $ 39,915,000 $40,010,000 5 43,130,000 $233,387,604 April 21, 2015 -15- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities ITEM#64747 (Continued) QUESTIONS? Mayor Sessoms thanked Mr. Leahy and the entire Department for a job well done. April 21, 2015 -16- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities MONTHLY BILLING ITEM#64748 Mr. Leahy continued his presentation to include, at the request of City Council, Monthly Billing of City Services: Monthly Billing City Services Statement Public Utilities Presentation to City Council April 21,2015 . �w Below is a typical Single Family chart from 2011 -2016: City Services Statement - Typical Single Family (Water Demand of 6,000 Gallons per Month) cal Year 2011 2012 2013` 2014 201 2016 Water Supply $30.87 $30.87 $30.87 $30.87 $30.87 $30.87 Sanitary Sewer $19.53 $22.12 $24.86 $27.76 $30.81 $30.81 Stormwater $6.72 $7.33 $11.13 $12.65 $12.65 $12.65 Solid Waste $0.00 $10.00 $10.00 $21.36 $21.36 $21.36 Utility Tax $3.00 $3.00 $3.00 LI00 3:00 3.00 Monthly Total $60.12 $7332 $79.86 $95.64 $98.69 $98.69 Bi-monthly Total $120.24 $146.64 $159.72 $191.28 $197.38 $197.38 April 21, 2015 -17- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities MONTHLY BILLING ITEM#64748 (Continued) Below is the current Billing process: The Utility Billing Process • Meter reading, billing, and delinquency process involve millions of interrelated and coordinated actions each year • The Banner/Hansen CIS was designed &built around meter readings(SOP for utility billing systems) • Solid waste, stormwater,wastewater charges are calculated from the number of days between readings • Fundamentally changing this billing system would require lengthy, significant, and risky customization • Meters are manually read on a bi-monthly basis • The only way to properly bill more frequently is to read meters more frequently Below are the required changes to automated and operational processes: Required Changes to Automated and Operational Processes • Monthly meter reading contract or contract meter readers • Banner/Hansen Customer Information System — Determine required modifications to both business processes and the billing system software — Delinquency process is a significant issue — Reconfigure system rules as necessary—test,test,test! — Modify or generate new business process and documentation • Coordinate increased volume of bills and payments with third party vendors and Treasurer's Office • Coordinate billing schedule impacts with HRSD April 21, 2015 -18- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities MONTHLY BILLING ITEM#64748 (Continued) Below is the time necessary to implement Monthly Billing, beginning July 1, 2016: Time to Implement Monthly Billing • Monthly billing requiresl2 months to implement —Target date: July 1, 2016(FY2017 Budget) • Engage Hansen Technologies by summer 2015 to identify requirements and begin development • Hire billing staff April 2016 to allow for training • Meter reading contract or contract meter readers on board in April 2016 to allow for training • Customer education about coming changes Below are the increased costs for Monthly Billing: Increased Costs for Monthly Billing • One-time costs:$250,000 — ComIT Contractual Staffing — Banner/Hansen CIS Modifications — Support Expenses and Equipment • Reoccurring Annual Costs:$975,000 — Meter Reading Contract or Contract Meter Readers — 3 account clerk FTE's in billing(4th Qtr FY2016) — Potentially one new FTE in meter shop(FY2017) — Postage and mailing,e-payment charges —Treasurer's Office expenses • FY2016:$500,000(one-time cost plus one-fourth of the annual cost) — No rate increase proposed for FY2016 April 21, 2015 I' fl -19- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities MONTHLY BILLING ITEM#64748 (Continued) Below are Bill Payment assistance plans available: Bill Payment Assistance Available • Water Assistance Program—Eligibility determined by Human Services • Payment extensions can be granted to those who request them through the customer service center, online, or Interactive Voice Response (IVR) System • Our customers use budgeting strategies today to pay in installments Below are partial payment options: Partial Payment Options Public Utilities accepts full and partial payments.* Some customers choose to make multiple partial payments on their bi-monthly City Services bill, typically using one of the following options... t • -— �.-.- ! 'Sits must be paid in tub by the due date to avoid water service termination. April 21, 2015 -20- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities MONTHLY BILLING ITEM#64748 (Continued) Below is the e-Bill Payment form: e-Bill Payment Form rubiieutdme, Customers enrolled in e-Bill can use their eBill payment form to make multiple " ' `: partial payments. „Mw, This free payment option allows customers to make multiple payments towards their bill balance at their -£ convenience. The payment form in the eBill remains active for 65 days after the bill date. Customer Example- Once a customer receives their City Services eBill,they make a partial payment using the free ACH method shown above on the eBill payment form.Before the bill due date,they re-open their e-Bill and use the same form to pay the remainder of their balance. Customers use online banking to schedule payments: Online Banking Customers use online banking services provided by their personal bank to schedule multiple partial payments or II '' create recurring payments from their banking accounts. Customer Example- After receiving their City Services bill,the customer logs onto their bank's online services account.The customer then splits the bill amount due in half and schedules two payments to occur before the due date of the bill. April 21, 2015 fl -21- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Utilities MONTHLY BILLING ITEM#64748 (Continued) Below are the requirements regarding Payment Extensions: Public Utilities Payment Extension Customers in good standing have the option to request a payment extension that grants them an additional 25 days to pay their bill. kik :44*},_ Payment extension requests may be made 24/7,using the Public Utilities automated phone system or Online Services. Customer Example— The customer receives their City Services bill and pays half of their bill before their due date. They then request a payment extension through Public Utilities Online Services.This grants them an additional 25 days to pay the remainder of their bill. Questions? Mayor Sessoms thanked Mr. Leahy for the update and clarification. April 21, 2015 -22- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 4:15 P.M. Mayor Sessoms welcomed Phil Davenport, Director — Public Works. Mr. Davenport expressed his appreciation to City Council for their continued support: - €tr Public Works Budget Workshop April 21, 2015 Phillip A. Davenport �o•��° Below is an overview of today's Presentation: Presentation Overview • Operating Budget —General Fund —Waste Management Enterprise Fund —StormWater Utility Fund — Fleet Management Internal Service Fund • Buildings CIP • Coastal CIP • Roadways CIP-briefed on January 27, 2015 • StormWater CIP-briefed on March 10, 2015 April 21, 2015 -23- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is the Department's Operating Budget: Public Works Operating Budget Program `h FY ios I FY 144516-16 FY 15-16 Change FY15 Unit Amended i FTE; Proposed FTE Amended to FY i�i6 Proposed General Fund $66,771009 472.88 $66,740,894.'467.88 $-30,115: `•45% Waste Management $43,527,369 167 $43,525,304 165 5-2,065 -.005% Fund Sto539,359,077 156 539,777,502 168 5418,425- 11% Utility Fund nd City Garage ISF $12,980,427 78 58,290,237 78 o o% Fund Fuel 58,410,504 0 $6,550504 0 5-1,86000o -22.1% Multimodal Transportation 0 0 525,562,348 0 $25,562,348 Special Revenue Fund Other Funds $4,136,947 20 $5,121999 25 $987,052 26.2%. Total $175,185,333 893.88 5200570,788 903.88 $25,385,455 Below are the General Fund trends: General Fund Trends • Expand bicycle accommodations 68.8 miles over 3 years • Mosquito Control season has expanded resulting in additional larviciding and adulticiding • Expansion of transportation fiber optic cable network to city facilities • Increased demand for beach maintenance services to outlying residential beaches • Upgrades to LED lighting at city buildings and streetlights • Mobile Applications for reporting problems • Installation of AVL and DriveCam 4 April21, 2015 -24- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below are the expenses related to the Waste Management Fund: Waste Management Fund Expenses by Category Reserves& Personnel Transfers $9,673,770 8,244,895 Capital $4704,000 4% SPSA Tipping Fee 06,89g000 39% $u,ere,63Ope n3g9 9 28% Total Budget-$13,52S,304 Below are the Waste Management Fund trends: Waste Management Fund Trends • Continuing route optimization-reduced from 38 to 27-29 routes and reduced 20.5 FTEs in the last 6 years(2 FTEs in FY16) • Equipment recapitalization on a 15 year replacement cycle(10-year cycle needed,$700K $2.4 M) • Create&maintain adequate fund reserve(15%-25%) • Develop long term financial strategy incorporating Post 2018 SPSA — Full service break-even costs — Business Manager — Billing Monthly April 21, 2015 -25- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Waste/Recycling Comparison 160,000: I1Z3 3951 140.000 10,000 1124,8401 Y00,000 60.000 e0,0o0 143,6591'., 0.000 FISCAL YEAR Below are are the expenses related to the Stormwater Fund: StormWater Fund Reserves&TrauterO Expenses by Category to Other Funds 16% Personnel e � rM 30X CIP Trawler I A rot. O (Pay-Go) a � Debt Service Capital Equipment8% 16% Total Budget-$39.777,502 April 21, 2015 -26- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below are the Storwater Utility Fund trends: Stormwater Utility Fund Trends • Surface Water Quality Regulatory Programs — NPDES-MS4 — TMDL — VSMP • Sea Level Rise/Recurrent Flooding • Street Sweeping-12 Sweepers and 17 FTEs — Targets water quality and works to maximize TMDL responsiveness and safer streets — RFI seeking interest from contractors Below are the expenses related to the Fleet and Fuel Funds: Fleet and Fuel Funds Expenses by Category Fue, 34% Reservesent Operating 35X Personnel 3•X Total Budget Fleet-$13,290237 Total Budget Fuel-$ 6,550,504 April21, 2015 -27- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) BUILDING CAPITAL IMPROVEMENT PROGRAM it 2 Below are the FY2016 Maintenance projects: FY-16 Maintenance Projects Project FY 16 Status Amount Heritage Building Maintenance - $700,000 On-going Various Buildings HVAC Rehab&Renewal $1,800,000 On-going Various Buildings Rehab&Renewal'. $2,317,475 Ongoing Va Aquarium Bldg Sys&Facility $1,500,000 On-going Infrastructure Va Aquarium Rehab&Renewal $600,000 On-going Fire Facility Rehab&Renewal $300,000 On-going Intermediate Care Facilities Rehab& $127,377 On-going Renewal Convention Center Capital Maintenance $343,563 On-going Fire Training Center Building $665 427 On-going Improvements Correctional Center Master Control $1,715,401 On-going Center Upgrade Total $10,069,243 3 April21, 2015 -28- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below are the FY2016 Non-Building projects: ,4:::::) Fri6 Non Building Projects Project FY 16 Status Amount Public Safety Equipment $727,500 Accumulating funds to Replacement Project meet the replacement needs for equipment as identified TCC Site Improvements $800,000 Accumulating funds to meet obligations the city has to TCC for state improvement projects when they are funded Fire Apparatus $2,548,907 On-going Various Site Acquisitions $1,648,404 On-going Total $5,724,811 4 Below are the FY2016 Stand-Alone projects: FY16 Stand-Alone Projects Project FY 16 Status Amount Aquarium Owl Creek Marsh Pavilion $3,913,500 Design Virginia Aquarium Marine Animal $1,613,000 Design Care Center Police Fourth Precinct Replacement $5,008,112 Design Housing Resource Center $25,269,45 Design 3 Total $35,804,06 5 5 April 21, 2015 -29- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) 4) COASTAL CAPITAL IMPROVEMENT PROGRAM 6 Below is the program overview of the Coastal CIP: Cc Coastal CIP Section Program Overview A D April 21, 2015 -30- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is the Program Summary for the Beach Replenishment projects: ; ` _, Coastal CIP Section Program Summary Beach Replenishment (Years"-6 Fuming) Project Amount Status Beach Replenishment $o On-going Sandbridge Beach Restoration II $37,400,000 On-going Chesapeake Beach Restoration So Acquisition,Study Beach Profile Monitoring Program $270,000 On-going Sandbridge Beach Access $1,800,000 On-going I Improvements II er' Below is the Program Summary for the Navigation Dredging projects: rnt, Coastal CIP Section Program Summary Navigation Dredging Nears 1-6 Futdingi Project Amount Status Rudee Inlet Federal Dredging II $2,500,000 On-going Rudee Inlet Outer Channel Maint.Dredging II $4,230,000 On-going Replacement of Rudee Inlet Dredge $5,000,000 Evaluation Lynnhaven Inlet Maintenance Dredging II $2,000,000 On-going Various Minor Dredging Projects II $2,150,000 On-going Western Branch Lynnhaven River Maint. $0Construction Dredging Eastern Branch Lynnhaven River Dredging $1,340,000 Design � .� .. -.:..�pgs April 21, 2015 -31- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is the Program Summary for the Neighborhood Navigation Dredging projects: 1:..1.) Coastal CIP Section ~Neighborhood Navigation Program Summary Dredging (Yea-s 1-6 Fundingi Project Amount Status Old Donation Creek $440,000 Construction Bayville Creek $478,000 Bid Shadowlawn $438,000 Design Chesopeian Colony $2,510,000 Design Harbour Point $220,000 Design Gills Cove $247,000 Design Hurd's Cove $1,530,000 Design Pleasure House Point Mitigation $2,000,000 Design Below are significant future issues: ) Significant Future Issues • SLR/Recurrent Flooding • Future costs for Chesapeake Bay TMDL, local impaired waters TMDL's and other stormwater regulatory requirements • SPSA Tipping Fee • Funding for Beach Replenishment 3 April 21, 2015 -32- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works 4:i,I.f;,0"":i,-146„,6.,4,1.k".1"'!,,.„.4..h:4..,:,.'.4:::l,-;4.-t::'-0:•!;t:•[ ITEM#64749 (Continued) The Roadways Program Briefing was presented to City Council on January 27, 2015: Public Warks " :.,•:t'.,:--.:'.ci..'..g.,_'2*. • 4 ' 0iittt 411 .14x4 ! k,44 ' krIgict January 27,2015 Below are the recent accomplishments of the Roadways Program. ter: � >. � � ' cen#Accomplishments a Complete s r N w Phas V . .niltt!:.,:.a)*.ii -ifi. ..:illlik:'-:,1,40;": -.7 ... : � @� ¢�a eW ; tea <� ie � r r" � April 21. 2015 -33- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) The Stormwater Management Briefing was presented to City Council on March 10, 2015: ..............................: „ri- '1,, 0 } Stormwater Management Update to City Council March 10, 2015 Overview • FY12-15 Stormwater Utility Increases & Fund Summary • Functionalomponents _ - 1 • Summary Discussion 0. a April 21, 2015 -34- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) t z jZ , r FY12-15 Stormwater Utility Increase & Fund Summary FY12-fY15 Stormwater Resourcing Pro ectPr ramFunding Cosf swerved FY12 FY13 FY14 FY16 Notes North Lake Holly(CIP 7-005) 017M $3.22M .58 Restores FY11 cut(Committed tins 2020) South Lake Holly(CIP 7-016) 512.7M $4.98M .8¢ Rulon,FY11 cut(Committed thin 2020) Cape Henry Beach Drainage $S0M $6.9M 1.00 1.58 Restores FY11 cut(Committed 01m (CIP 7-151)(E Shore Dr Drainage) ($71M) ($58M) 2018) Stand-up Two(2)Off-Road $1.7M $.85M .90 .98 Increases response to citizen Ditch Crews requests Stand-up Additional Pipe 53M $.8M .98 Increases response to citizen Structure Crew(Cave-in) requests 1w Infrastructure restoration Lake Management(CIP 7-152) $84M $3.25M 2.08 1.08 1.08 Restores FY12 cull lnitlales a 100 (pond/lake/canal dredging) year Maintenance Cycle Neighborhood Infrastructure $57M $7.25M 3.558 1.35 1.558 Prevents FY12 cut/Initiates en 180 Rehabilitation(CIP 7-004) year Maintenance Cycle Partial Debt Serviced Stormwater Enhancements $BM 0657K .358 .558 .958 Prevente FY12 out Sub-basin retrofits(CIP 7-183) Begins to address Chesapeake TMDL Stormwater Pump Maintenance& $3.0M 550m .308 .28 Initiates a Maintenance,Repair and Repair(CIP 7-412) Replace Program Oceanfront StorinWater Facilities 01.5M $2500 .28 Initiates a Monitoring,Maintenance Maintenance(CIP 7.411) and Repair Program Virginia Stormwater Management Initiates a Program to mut the State Program(VSMP)Compliance 1.78 VSMP Compliance Requirements TOTAL 7.50 58 58 1.78 10 April 21, 2015 -35- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) FY15 Fund Summary • SWU Generates $39,062,647 Annually • 1 Cent per Year= $897,867 • ERU's (FY 15) = 245,991 • ERU Annual Fee = $158.05 • ERU Daily Fee = $0.433 t1 Sources of Fees ruxw '""N x„a„nm Customers tx ex Revenue unmx. x 1 Residential lot=1 ERU(equivalent residential unit) 6 1 ERU=2,269 square feet of impervious area April 21, 2015 -36- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is the Stormwater CIP financing strategy change: cr-7 Stormwater Capital Financing Strategy Change • CIP has been funded at high levels from pay-go • Proposing to reduce pay-go and increased bond funding • Allows for increased capacity to fund CIP projects • Allows additional cash to fund street sweeping expansion 13 r ( 4.. fil Functional Components I 14 April21, 2015 -37- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is the overview of the program's functional components: d' Program Overview Functional Components v O Flood--Controle. '. , Flood C .3 o Water Quality . vow .Operations:&°Maintenance,4 I Below are the major components of the program: ,w,,,,,,,,,,,,i., Three Major Components Fully Integrated Water Flood Control Quality , � -. ,.,1\''k,..:***';,V1;i:'*, q Operations & Maintenance 16 April 21, 2015 -38- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is the resource allocation of the three components: ,:x„,e,,,,,,t, FY15 Resource Allocation Operating and CIP Flood Control 22% $13,014,976 Total Program Water Quality 22% $12,459,804 $57,873,659 Operation and Maintenance 56% $32,398,879 ki rr� r r"t' Flood: ol �:. I 17 Below are the recent accomplishments of the Flood Control Program: " ''' Flood Control Recent Accomplishments CIP Project Name Cost Completed 7-902 61st Street Pump Station and Drainage $18,000000 8/31/2012 7-010 Elizabeth River Shores $2,100,000 10/31/2012 7-016 South Lake Holly Watershed-Section III $2,300,000 9/302013 7-t 51 Eastern Shore Drive Interim Drainage Improvements $125,000 1/31/2014 Ocean Park Tidal 8 Rainfall Flooding Evaluation 8 Interim 7-063 Improvement $500,000 6/30/2014 7-005 North Leke Holly Drainage Improvement-Section II $4,700,000 12/31/2014 Total= $27,725,000 i 18 April 21, 2015 -39- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below are the projects requested for FY2016: (1); , FY 16 Requested - Flood Control 7-400 Aragona Drainage Improvements 7-036 Baker Road Culvert&Ditch Improvements 7-037 Bellamy Manor Outfall Ditch 7-030 Citywide Sea Level Rise/Recurrent Flooding Analysis 7-402 College Park/Level Green Drainage Improvements 7-151 Eastern Shore Drive Drainage 7-035 Lawson Forest Drainage 7-413 Neighborhood SW Infrastructure Improvements II 7-005 North Lake Holly Watershed 7-024 Southern Canal/Lead Ditch and Culvert Improvements 7-016 South Lake Holly Watershed 7-038 Thoroughgood Drainage 7-028 Windsor Woods Drainage is s; Water Quality Water Flood Control Qualityk operations& Maintenance 20 April 21, 2015 -40- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below are the Drivers for the Water Quality Program: rr • — ` Water Quality Program Drivers • Federal Clean Water Act —NPDES / MS4 Permits —TMDL's • State Stormwater Laws & 11 Regulations .Ple1.4 • VS M P • E&S wt. 1- frei `_$ • Virginia Beach Citizens' Expectations t = • Environmental Committees and Organizations 21 Below are the recent accomplishments of the Water Quality Program: } Water Quality Recent Accomplishments CIP Project Name Cost Completed 7-414 Lynnhaven Middle School BMP Retrofit $100,000 12/31/12 7-183 Municipal Marina Pump-Out Conversion $200,000 12/31/12 7-183 Larkspur Middle School BMP Retrofit $400,000 12/31/13 7 10 Southam River Bacterial Source Identification $200,000 06/30/14 7-153 Mill Dam Creek Bacterial Source Identification $600,000 10/31/14 7-183 Private Boater Pump-Out Program $150,000 10/31/14 Total= $1,650,000 22 April21, 2015 -41- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is a review of the Water Quality Program: Water Quality Program Review 7-406 Elizabeth River TMDL Implementation Plan 7-153 Lynnhaven Watershed Restoration 7-410 Southern River TMDL Implementation Plan 7-414 Storm Water Quality Enhancements II 7-027 SWM Master Planning,Analysis,and Inventory 7-159 Water Quality Participation Projects(USACE,State) 23 Operations and Maintenance Water Flood Control Quality�/' •perations & Maintenance 24 April 21, 2015 -42- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is an overview of the Stormwater Pipe Maintenance: Stormwater Pipe Maintenance 1 If Stormwater Pipe:Approximately 2200 miles Scoping includes: h • Large neighborhood system rehabilitation a r • Stormwater system condition assessment • Aging infrastructure&strategic planning • Asset information management • Isolated system failure repairs I Capability: • Current cycle—180 years($5.2M/yr) (FY11:550 years) • Rehabilitation cycle goal:100 years($10M/yr) • Typical design life:50 years Accomplishments: • Neighborhood Pipe Rehabilitation Accomplishments: —FY13:Princess Anne Plaza,13.1 Miles,Cost:$5.5M — FY14:Aragona,12.9 Miles,Cost:$2.8M —FY15:Green Run,18.9 Miles Under Const.,Estimated Cost:$2.8M 27 Below is the Off Road Ditch Maintenance Plan: e A s .J Off Road Ditch Maintenance 4 Plan ,J- Council Districts Off Road Ditch Miles of Ditch Mamtename Program with Mlles by Fiscal Year Bayside—12.0 YEAR (ZONES) MILES Beach—13.7 —7vla. (F-i 2, Centerville—4.6 —Fy+.S (B.7� 23 glik 'Kempsville-14.6 Lynnhaven-5.4 —FYi3 •E Ka ,17 1 Princess Anne—90.9 —F11=1 t3 1 12 11 Rose Hall-9.6 "'P20 1' 17 —F3127 t1-1 ., MAL 152 28 April21, 2015 -43- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is an overview of the Off-Road/Roadside Ditch Maintenance: =i Off-Road/Roadside Ditch Maintenance Off-Road Ditches:152 total miles - Capability(3 crews) • Current Cycle:15 years,10 miles/year ,° • Goal Cycle:8 year cycle,19 miles/year - Accomplishments • FY12-FY14:13.9 Miles • FY15:3.8 Miles(YTD) Holland Rd at Barberry Rd Before • Production Factors: - VSMP regulations - - Weather - Heavy Vegetation Roadside Ditches:450 total miles • Average 45 miles/year • FY12-FY14:134 miles maintained • Current cycle-10 years n- Holland Rd at Barberry Rd After 29 Below is an overview of the Street Sweeping Program: FF ° ., Street Sweeping Street Sweeping Inventory:Over 2500 Curb Miles - Capability: Sweeping Schedule(Chesapeake Bay and Atlantic Ocean): • Residential Sweeping(Lynnhaven Watershed) - 18 month cycle • Arterial Sweeping(major roadways) I - 60-90 day cycle J y i t w • Oceanfront Sweeping '1-7 ,- - 7 nights per week,May to September , „ --- • Town Center Sweeping „/ - One night per week - Accomplishments: • FY12-FY14:16,978 CY of Material Removed - Goal: • The Street Sweeping Program targets water quality and works to maximize TMDL responsiveness. 30 April21, 2015 , -44- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below are the Cave-In Repairs: i,:,..,,,,,,,,,,,,,,,,,,,7_ Cave-1n Repairs Capability(5 crews): Service • 5 in-house crews FY Requests -700 work orders per year 11-12 1434 Accomplishment: • Average of 870 work orders 12-13 1701 over the last three years 13-14 945 Backlog: 14-15 YTD 457 • Current Cave-In Repair Backlog:450 1 .__. Dams and Spillways 1 Inventory:58 dams/spillways •• , Requirements: • Condition assessed on a 1 to 3 year cycle # '''- -,.';'-".:1.: A•...: ;' dependent on hazard rating ",-',•.'1".*--. -K. Tabletop exercises reviewing emergency ,, i action plans required . - "- Accomplishments: A • FY 14/15:Kingston Dam and Spillway Major Reconstruction 6f "a- FY 15/16:Regulatory Dam Assessment i;' Backlog: ,, • Update State regulated dams to meet State requirements � 4 .., a , "11X=- 35 April 21, 2015 -45- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) ; " BMPIWQ Inspections Responsibilities: BMP 2015 inventory of • BMPS Type Public and Private • Water Quality Support • VSMP Support Infiltration 452 Ponds/Lakes 1394 BMPs: Filtration 21 • BMP as-built plan reviews Outlet Control 14 (75-100 annually) • BMP inspections(criteria varies Other 293 I depending on BMP type). Total BMPs 2174 Average 785 per year. • BMP maintenance with minority tis contractors '".3 • BMP compliance/enforcement 1 36 a„ '▪ ' BMP/WQ Inspections Water Quality support: VSMP Support: • Spill responses&reporting • Assist with the permitting process • Fish kill response • Inspect land disturbing activities • Dry weather screening • Program documentation investigations • Assist inspection staff and • Industrial Site Inspections contractors on permit compliance. • Public Works&City facility/yard • Develop,implement,and maintain inspections program process work flows • Training of Citywide Staff -... ' - r ._.. '. -, rn ., 37 April 21, 2015 -46- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN QUALITY PHYSICAL ENVIRONMENT Public Works ITEM#64749 (Continued) Below is the Operations Backlog: Operations Backlog FY12-14 FY11 FY15 Budget Category Backlog Backlog '.. Stormwater Pipe Maintenance CIP 7-416 4.45¢ $37.OM $32.5M Off-Road Ditch Maintenance 1.80 $10.2M $11.5M Cave-In Repairs 0.90 $18.0M $3.6M Lake Management II CIP 7-415 4.00 $84.OM $82.3M Oceanfront Stormwater Facilities Maintenance I CIP 7-411 0.20 $1.5M $2.OM Stormwater Pump Station Modifications CIP 7-412 0.50 $3.0M $3.OM Total: $153.7M $134.9M 38 <41); Summary • FY12-15 Stormwater Fee increases have allowed us to initiate an"effective"stormwater management program • Regulatory requirements are continuing to grow and add cost and time to getting work accomplished • Additional resources are required to tackle backlogs • SLR&Recurrent Flooding are emerging as potential large resource requirements 39 Mayor Sessoms thanked Mr. Davenport and the entire Department for a job well done. April 21, 2015 -47- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Health ITEM#64750 5:10 P.M. Mayor Sessoms welcomed Dr. Heidi A. Kulberg, Director—Public Health Department. Dr. Kulberg expressed her appreciation to City Council for their continued support: mat�4 Gme" l- t Public Health Department Budget Workshop April 21, 2015 Heidi A. Kulberg, MD, MPH Below is the Department's Operating Budget: Public Health Department Operating Budget Program FY 14-15 Pr 4- FY 15-16 Pt 1.5-16 Change 15 Unit Amended 15 fTE Proposed FTE amended to FY 1 Proposed Public Health $3,204,597 r' 9.08 $3,186,061 9.08 5(18,536) (.6%) Total $3,204,597 9.08 $3,186,061 9.08 $(18,536) (.6%) April21, 2015 -48- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Health ITEM#64750 (Continued) FY 2015-16 Budget $8,671 4% Budget by Revenue $474,457 14.9% ■Grant Funds Prior Year State Reimbursement 1 E le Auto Expense Reimbursement 4 Budget by Expense Category �w n � Personnel C Operations Below are the Department's Significant Issues: Public Health Department Significant Issues 1. Infectious Disease • Emerging and global: EBOLA • Vaccine preventable 2. Patient Protection and Affordable Care Act • Insurance coverage • Prevention and Population Health April 21, 2015 -49- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Health ITEM#64750 (Continued) Below are the Department's Highlights: Public Health Department Highlights Infectious Disease- Ebola • Virginia Unified Command —VERT;VDH is lead agency • Screening and monitoring • Partnerships — EMS,Sentara, Fire, MCG, Police,VBDPH • Education — Internal and external stakeholders and public Public Health Department Highlights Infectious Disease-common diseases • Vaccine preventable — Clinics; FluEx 2014; education • Surveillance, screening and quarantine — CD team;TB screens/DOT; clinics;education • Policy and Boards — Immunization resolution; appointment April 21, 2015 -50- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Health ITEM#64750 (Continued) Public Health Department Highlights PPACA- Health Insurance Marketplace • Collaboration • Service — Enrollment sessions; hotline • Education — HIM; how to use insurance; clinics in region • Alignment — FYO,Community Health Improvement Plan Public Health Department Highlights PPACA- Prevention and Population Health • Partnerships and collaborations — Mayor's Action Challenge; HRC;VBPS — National League of Cities;ODU;VHIN-VA SIM • Social determinants of health — Policies;community engagement;equity • Vulnerable populations — Dental; Maternal-Child;Seniors; Clinics — Case management; health education April 21, 2015 -51- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Health ITEM (Continued)#64750 Thank volt! �� 'rr (r` i, ' VBTCECmi a ' " „: rv, wi a zt NOW THEREFORE,BE 4,... - - i ORDAINED/ OFTH CITU COUNCIL OF THEO BY THE _ VIRGINIA BEACH: CIN OF It:"-;.: w,N"q Baby Care Health YE ting Active Living 'Y ,,, ITmuniWtion suPMrt Mayor Sessoms thanked Dr. Kulberg and the entire Department for their continued work. April 21, 2015 -52- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Human Services ITEM#64751 5:29 P.M. Mayor Sessoms welcomed Dannette R. Smith, Director — Human Services Department. Ms. Smith expressed her appreciation to City Council for their continued support: Human Services Department Providing a Safety Net for Virginia Beach Citizens Budget Workshop James K.Spore OW Manager 47.°;•-e . DannetteR.Smith Director C 0y P,Cf ekis Deputy City Manager Tuesday ORO 21 2015 rt +drs:kfJ. tett 41 f `_ Below is the Department's Operating Budget: Human Services Department Operating Budget .Snoal Services $34,481803 32229 S34.598 685 377629 $114,882 03% Developmental S.rvlces 36,400520 325 42 2).417,260 324.92 516,690 19% Memo Health Substance Abuse. 25,911,555 266.02 26,491,182 2620/ 584.627 23% CSA Ad 1%841,523 100 10064,951 300 ill.,872) (7.2%) au0n 1(e P h e5ervices Act) 4e (Services IAdministrafive.Support Servkes) 6511,012 ID 92 /040,295 2232 929,283 15.2% lusenlle Deteniron Center 5,015,040 73.31 .5,1921 4 73.31 177104 3.5% Grants (Communby Corrections and Hari to 1,734;161. 1500 ]!7]351 2500 37,190 2.1% Serue). Gentlletnn 7672230,003 Center 1678,07.6 1125 0 000 fl,. 80f05 51:7705. Total $112,673,881 1,115.16 2112,578,869 1,091.91 5(90.831) 10.1%) q5 April 21, 2015 -53- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Human Services ITEM#64751 (Continued) FY 2015-16 Budget $3 950,139 f. fix. Q 590 J56.999 n1x Budget by Fund or Revenue Generalfund Federal State'Meowd!.Fees;ane, $w,0492 $LT6a19 n 6 rsittiii ...411.1% Budget by Expense Category 4 I �.rea000el overat oo: _asaTanee Pavmeac Human Services Department FY 2014-15 Budget Update Thank you for your support) Juvenile Detention Center:Community Placement Program HIRED 9.75 FTEs. =The program focuses on developing competencies in the areas of education,job readiness,life and social skills;and addresses specific treatment needs and risk factors as youth transition back into the community. Financial Assistance Division:HIRED sin(6)FTEs. The Department is anticipating a workload increase for SNAP(food stamps)and Medicaid benefits and is making staffing and processing adjustments in preparation. Child Welfare Team:HIRED four(4)FTEs. Child Welfare Unit is realigning its organizational structure to ensure safety and permanence for the children it serves. Developmental Services Case Management HIRED one(1)FTE. New Case Manager allows Developmental Services to increase service capacity by 31 individuals. - • Mental Health Substance Abuse Commonwealth Coordinated Care(formerly known as Dual Demonstration Project):HIRED one(1)FTEs The Nurse Case Manager is addressing the dual eligible(Medicare&Medicaid)individual's full range of health,behavioral health,and functional needs under one integrated service delivery system.The current caseload is 12 individuals with an expectation that it will grow. April 21, 2015 -54- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Human Services ITEM#64751 (Continued) Human Services Department Received Outside FY 2014-2015 Budget Process ` Thank you for your support! Program of Assertive Community Treatment Presentation(PACT)Update six(6)members of the PACT Team have been hired and a Team Lead is in place. Four(4)staff members pending job offers. Nine(9)active PACT clients. Staff Relocations Current locations to be affected by the moves are:3432 Virginia Beach Blvd-Main Human Services Building,Pembroke 3 and Pembroke 6. Current programs to be placed in the Collier Building include:Adult Protective Services,Continuous Quality Improvement,Emergency Services,PACT, Prevention Services,and the HSD Technology Team. Below are the Department's Strategic Goals: Human Services Department �f 2015-2016 Strategic Goals oImctar tie f j ;.A on R quoted k3utcorgd5 N r Strategic Approach _. Delelopeculture than embraces •Increase and enhancecommu ica with Ottober 2011:Partnerships and change and accept new strategies to trontlinesupervisors and staff regarding nsh'ps are transparent better serve the community organisational changes. between executive leadership team •IncrexsevsbAty of executive and senior and staff andwll bettereeme each leadership team wahin programs. other and the community SYreng•hen organixOflona l Reeng nee•and align Department's Human ongoing:Po licies/proedurez and infreeruetureto support new work Resources,Finance Administration and irrternal controls to support,guide, expectations hiedical services.. and ensure'ntegrdy of the current •Implementproesses and nternal controls to and new work expectat ons ars in supportthe current and new work place expeRations. p...,. grgance dmtr113tYratton'=., Action of eit .. Outcomes Strategic Approach Re- g remand align-nternal focal Retool contracts management processes and lull 2010.Align the department's rots throughout the department vendor funding to ensure appropriate fina tial controls with city and stare Ipayroll.vendor payments,contracts peyment for servces provded. proesses nagement.accoums receivable Develop prong-nternel f nancial controls €B'N IN andpavablsi jai it DOW K • April 21, 2015 -55- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Human Services ITEM#64751 (Continued) Human Services Department F 2015-2016 Strategic Goalsr, -Human Resources Action Required Outcomes Strategic Approach Re-egineercur, Human Etrategicuseof cur rent HR staff ina mannert1 a' Ongoinp,:Appropriateutil,eation of Resource Staffing Unit to mee! suppo-s d_- rmemstaffto'ncluoestaff or entaton, HED Human 0.esource staff to the needs of the de pa rtment training employee relations:and recruRmentand supportin:crn staff andthevision and future changes retention. of the tlepartm¢m;and continue panners i:c,ithcity on : Resources. Collaboration between HSD .•Develop processes regardingthe appropr.:_uce of Jury 2016:Prpceszes'n plape for Human Resources Unit and ontraRed manpower, [he appropriate use of contracted Finapce Admintstratlon in ..Oevelopacr tura cn:he appropr ate eof ov¢rtime. anpewer and overtime. anagingcommaed manpowerand overtime. Continuous Quality ':�^Improvement AGtian Requir8d .outcomes Strategic Approach complete assessment and •Implement and complete EHR syaem repairs,updates, December 2016:Re on mendation make final recommendations and new system releasesth it improve system to Dire en! Officeontheflrture regarding future use of current reporting and develop an EHR training<urr chum. use of Cerner EHR system. __ EH' Identify key perormance Develapan outcomes basei`ramework to track July 3016:Introduction of - indicatorsihatwlllbeutilizedin perfur-ne eIre!err uthlzinga smrewrd approach. erecardto Fhe Department. the formation ofa Pepanment [precald... Human Services Department , 2015-2016 Strategic Goals Radar Service;. , Action Required Outcomes Strategic Approach Provide services to child repand •geview Childwelfare and Child Proteaionprogram,to ensure 1uS 301];Preparation for families tha;ensure the safety, alignment wrth federal antl state mandates and mission, the Chiltl and Family permanencyandwell being of •Review and developpolicies(pin o'iresto ensure quality Service 0.eview(CFSR). the citizens we serve. � re being providedthat protea the safety, pe mpanency antl well-being of children and families. s appropriate use of •Ensure properuse offundsfromthestat¢CSA Office. September 2015:New Comprehensive Services Att 'RPC and h're appropriate leadership'ttfcr the CSA Unii. CSA leadershipin place. (CSA)Funds and leadership smccure CSB Division .. Action Required Out owes' Strategic Approach Adult Outpatient Services •Develop an AOS and Recovery Center Business Ntodefo January 2016:Realign (AOS)Bust ess Plan. include EHR business practices with regulations,and a possible take pro and De,elooment re des gn of seaffng struRure and prance structure wth HSD Tech Team Ite etl'toC ref 'hies ? •Create lCF program mode!anp corespond'ng s[ruaureto lanuary 2016.Develops Fes;" (ICFs)Sen'ce Mi ci nclud-ui:-:C asesupervi r-rniosanda team model for ervi<empdelbasen on supervision and management iobfunRions/ regulations. April 21, 2015 -56- CITY COUNCIL WORKSHOP FY2015-16 RESOURCE MANAGEMENT PLAN FAMILY and YOUTH OPPORTUNITIES Human Services ITEM#64751 (Continued) Human Services Department Questions and Answers E. a Mayor Sessoms thanked Ms. Smith and her entire stafffor a job well done. April 21, 2015 -57- CITY COUNCIL COMMENTS ITEM#64752 5:47 P.M. Council Lady Ross-Hammond attended, along with Mayor Sessoms and Councilman Dyer, the dedication ceremony at Kempes Landing Park for the "Good Game" Statue. She congratulated Frank Albero, Project Manager. April 21, 2015 -58- CITY COUNCIL COMMENTS ITEM#64753 Council Lady Ross-Hammond attended the Kempsville Woman's Club luncheon celebrating the General Federation of Women's Group. April 21, 2015 -59- CITY COUNCIL COMMENTS ITEM#64754 Councilman Moss advised he attended all except one (1) HRT Public Hearings and expressed concern regarding the April 17`x`Memo from the City Manager. He feels the$192-Million is factually incorrect. April 21, 2015 -60- CITY COUNCIL COMMENTS ITEM#64755 Councilman Moss advised he will be presenting an `Alternate Budget" that will not require a tax increase. The Washington Post article noted Fairfax County experienced the first net loss of employment since 1930. The article stated people are leaving because of the high density and high costs, as well as all of the transportation. Just because great public infrastructure exists does not guarantee economic activity. Councilman Moss encouraged everyone to read the article. April 21, 2015 -61- CITY COUNCIL COMMENTS ITEM#64756 Council Lady Kane advised the Minority Business Council is hosting the "Building Powerful Coalitions— Part II"on April 23, 2015 from 1:00—4:00 P.M, at the Advanced Technology Center. April 21, 2015 -62- CITY COUNCIL COMMENTS ITEM#64757 Council Lady Kane advised her Uncle lost his battle with ALS and she will not be in attendance at the Public Hearing scheduled for Thursday. April 21, 2015 -63- CITY COUNCIL COMMENTS ITEM#64758 Councilman Dyer attended the Sister Cities Association of Virginia Beach event this past Saturday and congratulated Ruth Fraser, City Clerk. The event was well attended and the entertainment was phenomenal. Mayor Sessoms added the event shows just how diverse the City truly is. April21, 2015 -64- CITY COUNCIL COMMENTS ITEM#64759 Councilman Dyer expressed appreciation to Catheryn Whitesell, Director — Management Services,for attending all of the Public Hearings for the Budget. Councilman Dyer also expressed appreciation to Ms. Whitesell and Sandi Thompson, Deputy City Clerk for their work with the Process Improvement Committee. April 21, 2015 -65- CITY COUNCIL COMMENTS ITEM#64760 Council Lady Wilson advised she read the Article in yesterday's Inside Business regarding the Arena and requested Staff give an Update as the status of this proposed project. City Manager Spore advised they should be prepared to provide a full report to City Council in a few weeks. April 21, 2015 -66- CITY COUNCIL COMMENTS ITEM#64761 Councilman Uhrin attended the Ground Breaking for Camp GROM and is excited to see the scale of the project. The Virginia Gentlemen have raised $13-Million of the $15-Million needed. They are moving along rather quickly. The young wounded Veteran that spoke inspired a number of people and to see how impactful this Camp will be for others and their families. Mayor Sessoms expressed appreciation to Councilmen Davenport and Uhrin as they have been a part of this project from the very beginning. April 21, 2015 -67- CITY COUNCIL COMMENTS ITEM#64762 Council Lady Wilson invited everyone to participate in "Cycle for Survival" on May 3'd. There are 33 teams signed up so far and there are a lot of different ways to get involved. April 21, 2015 -68- CITY COUNCIL COMMENTS ITEM#64763 Councilman Davenport advised he, along with Council Lady Ross-Hammond and Councilman Dyer, hosted a Town Hall meeting last week that was well attended. He expressed his appreciation to Catheryn Whitesell and the entire City Staff did a great job in answering the Budget questions. April 21, 2015 -69- CITY COUNCIL COMMENTS ITEM#64764 Council Lady Henley advised she hosts a Town Hall meeting every month, known as the Princess Anne District Forum, held the fourth Thursday of each month at 5:00 P.M. Council Lady Henley stated she will be late for the Public Hearing at Green Run High School due to hosting their April meeting. April 21, 2015 -70- AGENDA REVIEW SESSION 5:40P.M. ITEM#64765 BY CONSENSUS, the following shall compose the CONSENT AGENDA: H. ORDINANCES 1. Ordinances to AMEND the City Code: a. Daily reports to Police by Pawnbrokers,Junk, Secondhand Dealers and Precious Metal/Gem Dealers b. ESTABLISH the ViBe Creative District re an "Arts and Cultural District and Technology Zone" 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Community Development Corporation re use of land and residence at 1409 Old Virginia Beach Road 3. Ordinance to EXTEND the date for one year to SATISFY conditions in the matter of closing unimproved portions of rights-of-ways at: a. Singleton Way (formerly Princess Anne Road) b. S. Witchduck Road(formerly Kempsville Road) c. Princess Anne Road(Relocated) 4. Ordinances to ACCEPT,APPROPRIATE and TRANSFER: a. $2,639,476 from the General Fund to the Risk Management Internal Service re Workers'Compensation Claims b. $372,657 to the Schools Operating Budget: $340,710 from Instruction to Technology Classification $ 31,947 from Operations and Maintenance to Technology Classification c. $ 60,984 in Grant Funds from the Virginia Department of Health re LUCAS CPR devices and LifePak cardiac monitor upgrades d. $ 60,984 to the Emergency Medical Services re local match for Emergency Medical Equipment: $45,000—transfer within the EMS Operating Budget $15,984—from the General Fund Reserve for Contingencies ITEM#1b WILL BE CONSIDERED SEPARTEL Y April 21, 2015 -71- AGENDA REVIEW SESSION ITEM#64765 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: I. PLANNING 1. TIMOTHY J. COSTEN for a Street Closure re an unimproved portion of Scott Bend Lane at North Oceana Boulevard DISTRICT 6—BEACH 2. LEONARD M. LYON for the enlargement and relocation of a Nonconforming Use to construct additions and relocate two (2) residences at 4481 Lee Avenue DISTRICT 4 - BAYSIDE 3. ST. JAMES MISSIONARY CHURCH for a Modification of a Conditional Use Permit to allow a portable classroom at 5724 Old Providence Road DISTRICT 1—CENTERVILLE 4. HOFD ASHVILLE PARK, LLC for Modification of Proffers of a Conditional Rezoning of a single-family residential Development Plan at Ashville Park Boulevard DISTRICT 7 — PRINCESS ANNE 5. G&A PROPERTIES,LLC for a Conditional Use Permit re auto repair at 590 Baker Road DISTRICT 2—KEMPSVILLE 6. EAT THE STREETS 757/MIKE STANDING FESTIVAL,LLC: a. Special Exception for Alternative Compliance to 2.2 of the Oceanfront Resort District Form-Based Code b. Conditional Use Permit re open air market and outdoor recreation at 712 Atlantic Avenue DISTRICT 6—BEACH 7. Ordinances to AMEND the City Zoning Ordinance: a. ADDING definitions of "Small Wireless Telecommunication facility", "Temporary Communication Tower" and AMENDING the definition of "Antenna, Building-Mounted," b. Building-Mounted Antennas and Small Wireless Telecommunication facilities c. ESTABLISHING requirements for Small Wireless Telecommunication facilities, Temporary Communication Towers and Building-Mounted Antennas d. The Oceanfront Resort District Form-Based Code ALLOWING Small Wireless Telecommunication facilities as Permitted ITEM#2 WILL BE DEFERRED TO MAY 5, 2015 ITEM#4 WILL BE DEFERRED TO MAY 19, 2015 MAYOR SESSOMS WILL ABSTAIN ON ITEM#6a/b April 21, 2015 -72- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 21, 2015 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, April 21, 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None INVOCATION: Father James E. Parke Retired Priest, Diocese of Richmond PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to idents any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. April 21, 2015 -73- Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with 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 identi&ing 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. April 21, 2015 -74- Item-V-F MINUTES ITEM#64766 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of April 7, 2015. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr., Rosemary Wilson and James L. Wood Council Members Abstaining: Shannon DS Kane absent April 7, 2015 John E. Uhrin absent April 7, 2015 Council Members Absent: None April 21, 2015 -75- ADOPT AGENDA FOR FORMAL SESSION ITEM#64767 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 21, 2015 -76- Item -V-H ORDINANCES ITEM#64768 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT,Agenda Items la,2, 3a/b/c and 4a/b/c/d. Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 -77- Item-V-H.la ORDINANCES ITEM#64769 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AMEND the City Code: a. Daily reports to Police by Pawnbrokers, Junk, Secondhand Dealers and Precious Metal/Gem Dealers Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 1 AN ORDINANCE TO AMEND SECTIONS 25- 2 6, 25-8 AND 25.1-4 OF THE CITY CODE 3 PERTAINING TO DAILY REPORTS TO 4 CHIEF OF POLICE BY PAWNBROKERS; 5 JUNK AND SECONDHAND DEALERS AND 6 PRECIOUS METAL AND GEM DEALERS 7 8 SECTIONS AMENDED: § 25-6, 25-8 AND 9 25.1-4 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 25-6, 25-8 and 25.1-4 of the Code of the City of Virginia Beach, 15 Virginia, are hereby amended and reordained to read as follows: 16 17 Sec. 25-6. Daily reports to chief of police. 18 (a) All pawnbrokers, secondhand dealers and junk dealers shall furnish daily, by 4400 19 larn, noon, to the chief of police or his designee, a true and correct report, of all 20 items pawned, purchased, sold, bartered or exchanged or otherwise coming into his 21 possession, during the preceding business day, except such as is purchased at 22 public auction. Each item included in the report shall be described as accurately as 23 possible and shall include any brand name, model number, serial number, initial or 24 name or any other identifying marks found on the item. The report shall include the 25 full name of the person pawning, pledging, or selling the goods, article, or thing; 26 residence address; telephone number; the identification card type, number, and 27 issuing agency recorded from a government-issued identification card bearing a 28 photograph of the pledger or seller presented during the transaction; a photograph 29 or digital image of the form of identification used by the pledger or seller; and a 30 description of the pledger or seller, including the height, weight, date of birth, race, 31 gender, hair and eye color, and any other identifying marks, of such person. The 32 report shall be submitted in an electronic format as provided by the chief of police or 33 his designee. 34 (b) If the purchase, sale or acquisition occurs during a weekend or holiday, then the 35 submittal of the electronic report required in subsection (a) above shall be made no 36 later than 1:00 p.m. noon the next regular business day. 37 (c) For each loan or transaction, a pawnbroker, junk dealer or secondhand dealer may . 38 charge a service fee for making daily electronic reports as required above. Such fee 39 shall not exceed five (5) percent of the amount of the loan or transaction, or three 40 dollars ($3.00), whichever is less. 41 (d) A violation of this section shall constitute a class 4 misdemeanor. 42 . . . . 43 Sec. 25-8. Pawnbroker's records. 44 (a) Every pawnbroker shall keep at his place of business a book or books, in which 45 46 - - - - • -- - - --- - - - - -- - - - - --- - -- - .. - - - - 47 or transaction, setting forth: an accurate and legible record of each loan or 48 transaction in the course of his business, including transactions in which 49 secondhand goods, wares, or merchandise is purchased for resale. The account 50 shall be recorded at the time of the loan or transaction and shall include: 51 (1) A description, (serial number, and a statement of ownership) of the goods, 52 article or thing pawned or pledged or received on account of money loaned 53 thereon or purchased for resale; 54 (2) The time, date, and place of receiving the transaction; 55 (3) The amount of money loaned thereon at the time of the pledging of the same or 56 paid as the purchase price; 57 (4) The rate of interest to be paid on such loan; 58 (5) The fees charged by the pawnbroker, itemizing each fee charged; 59 (6) The full name, residence address, telephone number, and driver's license 60 number or other form of identification of the person pawning or pledging or 61 selling the goods, article or thing, together with a particular description, 62 including the height, weight, date of birth, race, gender, hair and eye color, and 63 any other identifying marks of such person; 64 (7) Verification of the identification by the exhibition of a government-issued 65 identification card bearing a photograph of the person pawning, pledging, or 66 selling the goods, article, or thing, such as a driver's license or military 67 identification state identification card. The record shall contain the type of 68 identification exhibited, the issuing agency, and the number thereon; 69 (8) A digital image of the form of identification used by the person involved in the 70 transaction; 71 (89) As to loans, the terms and conditions of the loan, including the period for which 72 any such loan may be made; and 73 (910) All other facts and circumstances respecting such loan or purchase. 74 (b) The chief of police shall promulgate regulations specifying the nature of the 75 particular description for the purposes of subsection (56) above and he shall 76 promulgate regulations specifying the nature of identifying credentials of the person 77 pawning, or pledging, or selling the goods, article, or thing. Such credentials shall 78 be examined by the pawnbroker, and an appropriate record retained thereof. 79 (c) The records, either written or electronic, required to be kept by this section shall, at 80 all reasonable times, be open to inspection by judges of the criminal courts and all 81 law-enforcement officers. If maintained electronically, a pawnbroker shall retain the 82 electronic records for at least one (1) year after the date of the transaction. 83 (d) For each loan or transaction, a pawnbroker may charge a service fee for making the 84 daily electronic reports to the appropriate law-enforcement officers, creating and 85 maintaining the electronic records required under this section, and investigating the 86 legal title to property being pawned or pledged or purchased. Such fee shall not 87 exceed five (5) percent of the amount loaned on such item or paid by the 88 pawnbroker for such item or three dollars ($3.00), whichever is less. 89 (e) No goods, article, or thing shall be pawned or pledged or received on account of 90 money loaned or purchased for resale if the original serial number affixed to the 91 goods, article, or thing has been removed, defaced, or altered. 92 (ef) Any person, firm or corporation violating any provision of this section shall be guilty 93 of a Class 4 misdemeanor. 94 . . . . 95 Sec. 25.1-4. Records to be kept; daily electronic report to police. 96 (a) Every dealer shall keep at his place of business an accurate and legible record of 97 each purchase of precious metals or gems. The record of each purchase shall be 98 retained by the dealer for at least twenty-four (24) months and shall set forth the 99 following: 100 (1) A complete description of all precious metals or gems purchased from each 101 seller. The description shall include all names, initials, serial numbers or other 102 identifying marks or monograms on each item purchased, the true weight and 103 purity, if known, of any precious metal, the true weight or carat of any gem, the 104 color of any gem or precious metal, and the price paid for each item; 105 (2) The date, time and place of receiving the items purchased; 106 (3) The full name, residence address, work place, home and work telephone 107 numbers, date of birth, sex, race, height, weight, hair and eye color, and other 108 identifying marks of the seller; 109 (4) Verification of the identification of the seller by the exhibition of a government- 110 issued identification card with a photograph of the seller, such as a driver's 111 license or state identification card. The record shall contain 112 the type of identification exhibited, the issuing agency, and the identification 113 card number thereon; and 114 (5) A statement of ownership from the seller..-; and 115 (6) A digital image of the form of identification used by the seller. 116 (b) The information required by subdivisions (1) through (5) of subsection (a) of this 117 section shall appear on each bill of sale for all precious metals and gems purchased 118 by a dealer. 119 (c) The information required by subdivisions (1) through (4) and the digital image of the 120 form of government-issued identification used by the seller required by subdivision 121 (6) of subsection (a) of this section shall be transmitted submitted in an electronic 122 format, as specified in § 25 6 and approved by the Pawn Unit, to the Chief of Police 123 e - . • - - - - - •• - - ' - a - to the Chief of Police as specified by the 124 Chief of Police or his designee. The electronic transaction report shall be submitted 125 by noon the following day, except on weekends and holidays, when the electronic 126 transaction report shall be submitted by noon the next regular business day. Faxing 127 the information is not permitted. 128 The effective date of this ordinance shall be June 1, 2015. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st day of April , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iteeeel PoDepartment City Attorney's OZ CA13287 R-2 April 15, 2015 -78- Item -V-H.1 b ORDINANCES ITEM#64770 Billy Almond, 209 70d" Street, Phone: 422-9522, advised he is the Chair of the Resort Advisory Commission and has worked for the past four (4)years to develop a Plan to revitalize 19th" Street. The energy carried past 19t1" Street and extended all the way down to 17t'" Street. Mr. Almond requested City Council's support of this revitalization. Andrew Fine, 6810 Ocean Avenue, Phone: 897-8888, advised this was a grassroots effort to revitalize a long neglected, crime ridden part of the City. This effort was led by young people and received the attention of entrepreneurs to take a chance on what "might be" rather than "what was". The VIBE District will be a pedestrian friendly place of discovery. The effort, over time, will raise property values and reverse the neglect of the area. This District will provide a unique opportunity of collaboration with local Artists. Laura Harb, 320 19t1i Street, Phone: 428-5444, advised this is a success story of "home-grown" entrepreneurs. The Old Beach Farmer's Market has grown in this District. She expressed her appreciation to Councilmen Davenport and Uhrin, Emily Lebows and other City Staff involved in making this a reality. Elizabeth Hardy,600 22nd Street, Phone: 486-0469, advised this District will help build "a community for a lifetime". This is based on young people and the willpower to support the District. She relocated her business because she believes in this effort. Cindy Pennbacker, 608 24t'" Street, Phone: 660-6864, stated she loves the City and the Ocean Front community. Virginia Beach Boulevard used to be the main hub of the City, booming with business. However, over the years, it has deteriorated horribly and this effort is to revitalize the area. The District offers a year-round destination for locals and tourists all the while supporting local businesses. The community support has been amazing and they are excited at the possibilities of this District. Eric Leach, 1271 Eaglewood Drive, Phone: 672-4466, spoke in support of the ViBE District. He graduated from Salem High School, Old Donation Center for Visual Arts and the Governor's School. Mr. Leach is supportive of local businesses and is happy to see the area starting to have character with "localness"and the "ViBE"it is creating. Morgan Chase, 1158 Ocean Pebbles Way, Phone: 662-0128, advised the notion of not having a ViBE District in the City has brought out young educated citizens to champion the cause. He is excited about the possibility of having a pedestrian friendly District in this area. Kristina Chastain, 5401 Lakeside Avenue, Phone: 615-0920, advised she is an active investor in 17th Street and supports the ViBE District. She is the Immediate Past President of the Virginia Beach Restaurant Association and they are in full support of this proposed District. Charles Powell, s403 18t'" Street, Phone: 377-2621, spoke in support. Mr. Powell moved his interior design business into the District in 2000. Mr. Powell advised these individuals do not ask for handouts and have used their own funds to make the City a better place to live and visit. The Farmer's Market began with 2 vendors and has grown into a vibrant shopping area. Steve Mackenzie, 860 Artesia Way, spoke in support. The ViBE District creates inspiration with art and is something the City can be proud. Igor Acord, 402 Redhead Way, Phone: 639-2397, did not respond. Anita Livette, 472 Eden Roc Circle, #406, Phone: 644-0075, is a vendor at the Old Beach Farmer's Market and is so proud of the energy and togetherness we can feel in the District. April21, 2015 -79- Item-V-H.lb ORDINANCES ITEM#64770 (Continued) Steve Johnston, 2316 Enchanted Forest Lane, Phone: 468-1474, is not sure who is doing Urban Planning for the City but he feels that person needs to be fired. Mr. Johnston is not opposed to the ViBE District but the location of the District. The City is going to invest in a major arena and we do not need an "Art District" adjacent to the Arena. Instead, restaurants, retail and entertainment venues should surround the Arena to help support the project. Upon motion by Councilman Davenport, seconded by Council Lady Wilson, City Council ADOPTED, Ordinances to AMEND the City Code: b. ESTABLISH the ViBe Creative District re an "Arts and Cultural District and Technology Zone" Voting: 10-1 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Voting Nay: John D. Moss Council Members Absent: None April21, 2015 1 AN ORDINANCE TO AMEND THE CITY CODE BY ADDING A NEW 2 CHAPTER 9, CONSISTING OF SECTIONS 9-1 THROUGH 9-9, 3 ESTABLISHING THE ViBe CREATIVE DISTRICT AS AN ARTS 4 AND CULTURAL DISTRICT AND TECHNOLOGY ZONE AND 5 PROVIDING REQUIREMENTS AND INCENTIVES FOR 6 QUALIFYING BUSINESSES IN SUCH DISTRICT 7 8 Sections Added: City Code Sections 9-1 through 9-9 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That the City Code is hereby amended by the addition of a new Chapter 9, consisting of City 14 Code Sections 9-1 through 9-9, establishing the ViBe Creative District and providing requirements 15 and incentives for qualifying businesses within the district, to read as follows: 16 17 CHAPTER 9. CREATIVE DISTRICTS 18 19 Sec. 9-1. Purpose. 20 21 The purpose of this chapter is to attract creative industries to the City, to encourage 22 creative activities at existing venues, to attract new establishments at which creative activities are 23 carried on, and to establish a framework for broadening economic development through creative 24 endeavors. It is the intention of the City Council to encourage the growth of creative activities and 25 organizations by facilitating and incentivizing the establishment and growth of businesses 26 principally engaged in fields such as art, architecture, graphic design, fashion, film and other 27 media, software, music, publishing, performing arts, culinary arts, advertising, sustainability and 28 other fields in which creativity and originality are essential elements of the business. 29 30 COMMENT 31 32 The section states the purpose of establishing Creative Districts within the City. 33 34 Sec. 9-2. Establishment of districts; boundaries. 35 36 There are hereby established the following Creative Districts within the City: 37 38 (a) The ViBe Creative District, which shall consist of all property designated on the map 39 entitled "ViBe Creative District," dated April 21, 2105, which map is on file in the Cultural Affairs 40 Office and Department of Planning. Such district is hereby declared an arts and cultural district 41 and technology zone. 42 43 44 COMMENT 45 46 The section establishes the ViBe Creative District, establishes its geographic extent, and declares the 47 District to be an arts and cultural district and a technology zone. 48 49 Sec. 9-3. Definitions. 50 51 (a) Administrator means the City Manager or such other person as he may designate to 52 perform the duties of the Administrator under this chapter. The City Manager may designate such 53 other persons to assist in the administration of this Article as he may deem appropriate. 54 55 (b) Locally sourced shall be limited to produce that is grown, or meat, seafood or other 56 animal products derived from poultry or livestock, raised within the Commonwealth of Virginia or 57 within one hundred (100) miles of the location at which they are sold. 58 59 (c) Qualifying organization means: 60 61 (1) An individual, business or other entity that contributes to the spectrum of arts 62 and cultural activities and venues available to the public by regularly 63 presenting live performances of theatre, dance, music, or other imaginative 64 work or producing or exhibiting physical works created by, or under the 65 direction of one or more artists, that are intended for unique production or 66 limited reproduction; 67 68 (2) A museum or historic site, the primary mission of which is education or 69 historic preservation; 70 71 (3) A theater, including an art-house movie theater for art, independent and world 72 films, art gallery, dance studio, music venue, performance space, art school 73 or academy, including a culinary arts school or academy; or 74 75 (4) An individual, business or other entity that is principally engaged in one of 76 more of the following fields or activities: 77 78 A. Architecture; 79 80 B. Marketing and advertising; 81 2 82 C. Culinary arts, including, but not limited to, artisans engaged in bread 83 making, cheese making, charcuterie, confectionary, coffee roasting or 84 similar practices, culinary institutes, and restaurants that (i) locally 85 source no less than ten per cent (10%) of the food served at the 86 establishment; (ii) are not one of a chain of restaurants having more 87 than ten (10) establishments; and (iii) prepare food by hand or using 88 traditional, non-industrialized methods. For purposes of this section, 89 "locally" shall mean within the Commonwealth of Virginia or no farther 90 than fifty (50) miles from the location of the subject establishment; 91 92 D. Design. including industrial, interior, graphic, web and fashion design; 93 94 E. Film and media, including radio, video animation and photography; 95 96 F. Publishing; 97 98 G. Software development; 99 100 H. Research and development of technology related to: (i) energy 101 efficiency and renewable energy; (ii) water use efficiency; (iii) the 102 reduction of waste, pollution and environment degradation; (iv) 103 sustainable development; or (v) green building; 104 1. Historic preservation; 105 106 J. Craft breweries, craft distilleries or wine-tasting rooms; 107 108 K. Farmers' markets at which locally-sourced produce, meat and eggs, 109 seafood, artisan breads and cheeses, hand-harvested honey, and 110 other fresh, small-batch foodstuffs are the predominant items that are 111 offered for sale; or 112 L. Antique markets at which the display of antiques covers at least fifty 113 per cent (50%) of the display floor area. For purposes of this section, 114 antiques shall include only works of art, furniture, decorative objects or 115 similar items having special value by virtue of their age and 116 uniqueness. 3 117 A qualifying organization shall be physically located within a Creative District designated by the City 118 Council. 119 COMMENT 120 121 This section defines certain of the terms used in the ordinance. 122 123 Sec. 9-4. Administration; eligibility. 124 125 (a) Upon application, the Administrator shall determine, in writing,whether the applicant 126 shall be classified as a qualifying organization as defined in Section 9-3. The applicant shall have 127 the burden of demonstrating to the satisfaction of the Administrator that it meets the requirements 128 to be so classified. The determination of the Administrator that an applicant shall not be classified 129 as a qualifying organization shall be appealable to the City Manager. No applicant shall be 130 classified as a qualifying organization if the Commissioner of the Revenue determines that such 131 applicant is delinquent in the payment of any taxes or fees payable to the City. 132 133 (b) A qualifying organization shall establish its eligibility to receive the incentives provided 134 for in this chapter on an annual basis; provided, however, that in the event the Administrator has 135 reason to believe that a qualified organization no longer meets the applicable requirements, such 136 organization shall, upon request of the Administrator, provide such information as will enable the 137 Administrator to determine whether the organization continues to meet the applicable 138 requirements. 139 140 (c) A qualifying organization shall file an annual business license application with the 141 Commissioner of the Revenue, pay any applicable business license taxes, and shall provide the 142 Commissioner with certification from the Administrator that the organization meets the 143 requirements for classification as a qualifying organization. The amount of gross receipts to be 144 earned shall be set out in the license application and shall be subject to verification by the 145 Commissioner by auditor inspection of documents. The qualifying organization shall also provide 146 the Commissioner, upon request, with proof that no taxes or fees payable to the City are delinquent 147 at the time of application. In the event any such taxes or fees are delinquent, the Commissioner 148 shall so notify the Administrator, who shall decline to certify the applicant as a qualifying 149 organization. 150 151 (d) Failure of a qualifying organization to pay in full by the due date any taxes or fees 152 payable to the City shall result in the denial or revocation of such organization's qualifying status 153 for the remainder of the current calendar year or until such taxes or fees are paid in full. 154 4 155 (e) The Administrator shall, after consultation with the Commissioner of Revenue, Real 156 Estate Assessor or other appropriate officer, prescribe additional procedures for the 157 implementation and administration of this chapter not provided for herein, to the extent such 158 procedures are not inconsistent with this chapter or applicable law. 159 160 COMMENT 161 The section sets forth the duties of the Administrator and responsibilities of qualifying organizations. 162 163 Sec. 9-5. Qualification. 164 165 Upon determination by the Administrator that an applicant is a qualifying organization, such 166 organization shall be qualified to receive the incentives provided for in this chapter; provided, 167 however, that a qualifying organization to which a business license was issued prior to the 168 effective date of the establishment of the Creative District in which it was located at the time of the 169 issuance of such license shall not be eligible for the incentives set forth in Sections 9-6 or 9-7. All 170 such incentives shall be subject to annual appropriation by the City Council. If an organization 171 ceases to be a qualifying organization during a year in which reimbursements, payments or 172 exemptions apply, they shall be prorated for the months such organization was a qualifying 173 organization. 174 COMMENT 175 The section provides that qualifying organizations are entitled to receive the incentives specified in the 176 ordinance and provides for proration in the event such an organization ceases to qualify. The section also 177 distinguishes between businesses that existed in a Creative District prior to the establishment of the district and 178 businesses that are new to the district. The former class do not qualify for the incentives set forth in Sections 9-6 179 and 9-7. 180 181 Sec. 9-6. Reimbursements of business, professional and occupational license taxes. 182 183 (a) Qualifying organizations shall be entitled to a reimbursement of business, 184 professional and occupational license taxes imposed by Chapter 18 for a period of ten (10)years 185 immediately following the Administrator's determination pursuant to Section 9-4 or until such 186 organization no longer qualifies for such reduction, whichever is the first to occur; provided, 187 however, that in the event the Administrator's initial determination occurs with less than six (6) 188 months remaining in the calendar year, a qualifying organization may elect to designate the 189 following calendar year as the first year for purposes of obtaining the reimbursement; and provided 190 further, that any qualifying organization eligible for the flat business license tax pursuant to section 191 18-207 may elect to defer receiving reimbursement as provided in this section until the first 192 business license year after the expiration of its entitlement as provided in section 18-207. 5 193 (b) All business license tax reimbursements are subject to adjustment by the 194 Commissioner of the Revenue based on actual gross receipts earned from qualifying activities. 195 Any additional business license tax assessed due to such adjustments, or due to revocation of the 196 tax rebate, shall be subject to collection and delinquency provisions set out in Chapter 18 of the 197 City Code. 198 199 COMMENT 200 201 The section provides that a qualifying organization is entitled to reductions of BPOL taxes fora period 202 of ten years and sets forth the requirements for qualification and sets forth rules for pro-ration of reductions, 203 disqualification for failure to timely pay taxes. 204 205 Sec. 9-7. Reimbursement of building code, zoning, etc. fees; eligibility for Economic 206 Development Incentive Program awards and investment partnerships. 207 208 (a) The fee reimbursements provided for in subsections (b) through (d) shall apply to 209 qualifying organizations for new construction, alterations and rehabilitation, provided that: (i) no 210 less than one hundred per cent(100%) of the total cost of the construction is expended on facilities 211 which will house or directly accommodate a qualifying organization; (ii) that the qualifying 212 organization itself paid the fees for which reimbursement is sought; and (iii) the completed 213 application for reimbursement, together with all other required materials, is submitted to the 214 Administrator within the times set forth below. Fees reimbursed pursuant to this chapter shall be 215 paid out by the City. 216 217 (b) Building code fees. Applications for reimbursement of permit and inspection fees 218 under Chapter 8,Article 2 of the City Code shall be accompanied by material demonstrating to the 219 satisfaction of the Administrator that the proposed construction meets the reimbursement criteria 220 set forth in subsection (a). Such applications shall be submitted by no later than twelve (12) 221 months after final inspection of the work performed. All building code fees shall be paid by the 222 qualifying organization prior to receiving such reimbursement. 223 224 (c) Zoning ordinance fees. Applications for reimbursement of fees for applications for 225 discretionary development approvals shall be submitted by no later than twelve (12) months after 226 the date of the approval. All such fees shall be paid by the qualifying organization prior to 227 receiving reimbursement. For purposes of this section, the term "discretionary development 228 approvals" shall include changes of zoning district classification, conditional use permits, special 229 exceptions granted by the City Council under the Alternative Compliance provisions of the zoning 230 district in which the qualifying organization is located, and approvals of PD-H1 or PD-H2 land use 231 plans. 6 232 (d) Subdivision and site plan fees. Applications for reimbursement of fees for subdivision 233 and site plan review pursuant to the City's Subdivision Regulations (City Code Appendix B) or Site 234 Plan Ordinance (City Code Appendix C) shall be submitted by no later than twelve (12) months 235 after the date of approval of the preliminary or final subdivisions plat or site plan, as the case may 236 be. All such fees shall be paid by the qualifying organization prior to receiving such 237 reimbursement. 238 239 (e) Stormwater management review fees. Applications for reimbursement of fees 240 incurred pursuant to the Stormwater Management Ordinance (City Code Appendix D) shall be 241 submitted by no later than twelve (12) months after the date such fees are incurred. All such fees 242 shall be paid by the qualifying organization prior to receiving such reimbursement. Stormwater 243 management utility fees imposed pursuant to Chapter 32.5 of the City Code shall not be 244 reimbursed pursuant to this section. 245 246 (f) Economic Development Incentive Program; investment partnerships. Qualifying 247 organizations shall be eligible for awards pursuant to the Economic Development Incentive 248 Program in accordance with the provisions of the Economic Development Investment Program 249 Policy and Procedure. Qualifying organizations located within a Strategic Growth Area or Special 250 Economic Growth Area shall also be eligible to participate in investment partnerships with the City 251 or Virginia Beach Development Authority in accordance with the provisions of the Guidelines for 252 Evaluation of Investment Partnerships for Economic Development, adopted by the City Council on 253 January 14, 2014, and any future amendments thereto. 254 255 COMMENT 256 257 The section sets forth the types of financial incentive and the procedure and requirements for receiving 258 them. The incentives include reimbursements of Building Code,zoning,subdivision,site plan and stormwater 259 management review fees. In addition, qualifying organizations are eligible for EDIP awards and investment 260 partnerships with the City or Development Authority if they qualify under the applicable criteria. 261 262 Sec. 9-8. Partial tax exemption for rehabilitated structures. 263 264 (a) Eligibility for exemption. To be eligible for the partial exemption from real estate 265 provided by this section, a building or structure shall be no less than twenty (20) years of age at 266 the time the application is made. Any such exemption shall only apply to buildings or structures 267 that have been substantially rehabilitated, renovated or replaced for commercial or industrial use 268 by a qualifying organization after the effective date of this section. The exemption shall apply only 269 for such period as at least fifty per cent(50%) of the total floor area of the rehabilitated structure is 270 occupied by a qualifying organization, as defined in section 9-3. For purposes of this section: 7 271 272 (1) "Rehabilitation"shall mean the process of returning a property to a state of 273 utility, through repair or alteration, which makes possible an efficient use of 274 the property; and 275 276 (2) "Qualifying costs" shall include the costs of all work done to the structural 277 components, heating, plumbing and electrical systems of the building, work 278 done to update kitchens and bathrooms, work necessary for compliance with 279 the Americans With Disabilities Act, the installation of fire suppression 280 systems and fire escapes, reasonable architectural and engineering fees, 281 construction period interest, site work, landscaping elements and 282 construction management costs, but shall not include acquisition costs . 283 284 (b) Application for exemption;base value. To qualify fora partial tax exemption pursuant 285 to this section, the owner of such structure shall, at the same time an application is made for a 286 building permit to rehabilitate such structure, file with the Administrator an application and 287 construction plans. Among the other information supplied, the applicant shall estimate on the 288 application form the qualifying costs of the rehabilitation project. Such application shall be filed 289 prior to the commencement of any rehabilitation work for which an exemption is sought. No 290 structure shall be eligible for such exemption unless all required building permit(s) have been 291 issued. 292 (c) Review of application and plans. The Administrator shall review all applications, 293 plans and other information submitted that relate to a rehabilitation project for which the 294 exemption provided by this section is sought. If, after reviewing the application and plans for a 295 proposed rehabilitation project, the Administrator determines in writing that the proposed project is 296 eligible for the partial tax exemption provided for in this section, he shall notify the applicant that 297 the project has been approved for the exemption, subject to compliance with the provisions of this 298 section. The Administrator, on behalf of the City, and the owner of the structure shall thereafter 299 enter into an agreement setting forth the terms and conditions pursuant to which the exemption 300 provided for in this section is granted. 301 302 (d) Exemption for rehabilitated structures. Notwithstanding any contrary provision of the 303 City Code, the exemption for rehabilitated structures shall be calculated and applied as set forth 304 below: 305 306 8 307 308 (1) The assessment of the structure for the current tax year, prior to 309 commencement of the rehabilitation, shall constitute the base value of the 310 structure. The exemption shall be in an amount equal to the greater of the 311 initial increase in assessed value of the structure above its base value 312 resulting from the rehabilitation of the structure, as determined by the real 313 estate assessor, or an amount equal to fifty (50) percent of the qualifying 314 costs of rehabilitating the structure; provided, however, that the amount of 315 the exemption provided by this subsection shall not exceed the amount of 316 the assessment of the structure at any time after its rehabilitation. 317 318 (2) The exemption shall run with the land for ten (10) years; provided, however, 319 that if the Administrator determines that the criteria for the eligibility for the 320 exemption no longer applies, the exemption shall cease as of the current tax 321 year. The owner of the structure shall, upon request of the Administrator, 322 furnish to the Administrator such information as is reasonably necessary for 323 the Administrator to determine whether the rehabilitated property continues 324 to meet the eligibility requirements of this section; provided, however, that 325 the Administrator may consider all relevant information available to him in 326 making such determination. 327 328 (3) No increase in assessment occurring after the first year of such rehabilitation 329 exemption shall qualify for an increase in such exemption. In the event of a 330 decrease in the property's assessed value after the first year of any 331 rehabilitation exemption, the exemption shall be based on the difference in 332 taxes computed on the base value and the decreased assessed value of the 333 property. The applicant shall submit to the real estate assessor 334 documentation of all qualifying costs incurred as a basis for the exemption, 335 and shall execute an affidavit stating that all such costs were incurred as part 336 of the project. 337 338 9 342 (4) By August 15 of each year for the duration of the exemption, the real estate 343 assessor shall notify the city treasurer of the exemption and the amount to be 344 credited to the property owner's tax bill. 345 346 COMMENT 347 348 The section sets for the eligibility criteria for a partial exemption from real estate taxes on commercial or 349 industrial buildings occupied by qualifying organizations. It also sets forth the amount of the exemption and the 350 procedures for its administration. 351 352 Sec. 9-9. Live-work units. 353 354 (a) Live-work units shall be allowed in accordance with the applicable provisions of the 355 City Zoning Ordinance and Oceanfront Resort District Form-Based Code. 356 357 COMMENT 358 359 The section states that live-work units are allowed in the ViBe Creative District,to the extent allowed by 360 and subject to applicable provisions of the City Zoning Ordinance and Oceanfront Resort District Form-Based 361 Code. As of the date this ordinance will be heard by the City Council, ordinances establishing general 362 requirements for live-work units and designating them as permitted principal uses in certain building types in 363 the Form-Based Code are pending before the Planning Commission. 364 365 366 Adopted by the City Council of the City of Virginia Beach, Virginia on the 21 slay of 367 April , 2015. 368 369 370 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC NCY: 371 6(,)( 372 ) , 373 i 374 Cultural Affa'rs Office City Attorney's Office 375 376 377 APPRe ED AS T• CONT NT: 378 379 380 t V A 381 Com' issione .' t - Revenue 382 383 CA-12724 384 R-16 385 April 14, 2015 10 . . 1 1, --7 ,1 ',”,,,'-';-.''','.If.,,,:','„,,... , ,,:-.-:..,I--i;',--.!I.I',Atik',II!Iii:Ing.,771''..,,.,..,,,ii,;•.,„.-',',.---'1',-;','''"'''' 4I4 p•:-..-..:,..,':i--,:-,,• ,,,,,,:-,.,..,1:Jj..fri:5.44-;:g4,,c-,711,,,,,„,,,,,.,,,:.- " ,..1,4, ,,..,40,000,,,,I.:-.?...-.-.,--',, ••• a .,.. . . .,,,,,1:,2.:4,,,, ,,F'';',.,;-*,1,,,,,:1:•i::,-',:--,:,rt,.;:iiii,,,,,:„Ii,'"A--70k11,!tr111!11;;;;A, ' , - --1-• ,. 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I •;'!;!'i '''"''' '-••-;„,"--•:: ' 741!! ! occ City of Virginia Beach U q . h 5 0e Op OUR NASI°* VBgov.com M.BENJAMIN DAVENPORT COUNCILMAN PHONE: (757)425-6611 AT LARGE BDAVENPO@VBGOV.COM In Reply Refer to 0054042 February 5, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Regarding the ViBe Creative District Dear Mrs. Fraser: I would like to make the following disclosure: 1. I am making this disclosure regarding City Council's discussion and potential vote on an ordinance to establish the ViBe Creative District as an arts and cultural district and technology zone that would include incentives for qualifying businesses in the district. The ordinance has not been finalized, and no date has been selected for its possible inclusion on City Council's agenda for an upcoming meeting, but City Council may discuss the proposal at its retreat on February 5-6, 2015. 2. My mother has an ownership interest in Malbonland, LLC, which owns property located at 414 Virginia Beach Boulevard and at 422 Virginia Beach Boulevard (which is also known as 418 Virginia Beach Boulevard). She also has an ownership interest in Malbonland Trust, which owns property located at 408 18th Street (also known as 1716 Artie Avenue). All three properties may be located within the boundaries of the proposed ViBe Creative District. 3. The City Attorney's Office has advised me that Act provides that my mother's ownership of property within the ViBe Creative District would not cause me to have a personal interest in the City Council's discussion and vote on an ordinance that 1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451 I li Mrs. Ruth Hodges Fraser -2- February 5, 2015 creates the district, and that accordingly the Act provides that I may participate without restriction in Council's discussion of, and vote on, this issue. 4. The City Attorney also advised me that if, hypothetically, I owned the property,the Act would allow me to participate in City Council's discussion and vote on this issue as a member of a group owners of property located within the proposed ViBe Creative District—the members of which may be affected by the ordinance. 5. I have chosen to voluntarily disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 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, M. Ben Davenport Councilmember MBD/RRI -80- Item -V-H.2 ORDINANCES ITEM#64771 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with the Virginia Beach Community Development Corporation re use of land and residence at 1409 Old Virginia Beach Road Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH THE VIRGINIA BEACH 5 COMMUNITY DEVELOPMENT CORPORATION 6 FOR THE USE OF LAND AND A RESIDENCE 7 LOCATED AT 1409 OLD VIRGINIA BEACH ROAD. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain parcel of land and the residence located thereon located at 1409 Old 11 Virginia Beach Road (GPIN 2417-17-9326) and more particularly described on 12 Exhibit "A" attached hereto (the "Premises"); 13 14 WHEREAS, the Virginia Beach Community Development Corporation 15 ("VBCDC") is currently leasing the Premises pursuant to ORD-3083C adopted 16 May 12, 2009; 17 18 WHEREAS, VBCDC, in accordance with the current lease, performed 19 noise attenuation measures and brought the Premises into compliance with City 20 building codes; 21 22 WHEREAS, VBCDC would like to continue leasing the Premises from the 23 City and will perform all required maintenance during the lease term; 24 25 WHEREAS, VBCDC would like to enter into a formal lease with the City 26 for the Premises in accordance with the Summary of Terms attached hereto as 27 Exhibit "B"; and 28 29 WHEREAS, the Premises will be utilized for affordable housing for Virginia 30 Beach residents and for no other purpose. 31 32 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute a lease for a term 36 of one year, with the option to renew for four one-year terms, between VBCDC 37 and the City, for the Premises in accordance with the Summary of Terms 38 attached hereto and such other terms, conditions or modifications as may be 39 deemed acceptable by the City Manager and in a form deemed satisfactory by 40 the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia on the 21st 43 day of April , 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM • d2.4.„ L/ 7 City Atto 4.y Facilities / nageme CA12955 4/10/2015 R-2 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d008\p023\00196467.doc Exhibit "A" Legal Description for 1409 Old Virginia Beach Road, Virginia Beach, VA 23454 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Lynnhaven Borough in the City of Virginia Beach, Virginia, designated as the property of J. Hunter, Jr., on the plat entitled "Street Dedication, Brockville- Extended, Site No. 25, at Oceana Gardens, Lynnhaven Borough, Virginia Beach, Virginia," made by W.B. Gallup, County Surveyor, dated July 20, 1964 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 61, at page 45, and more particularly described as follows: BEGINNING at a point on the south side of Old Virginia Beach Road and Gary Avenue; thence in an easterly direction along the southern side of the Old Virginia Beach Road 91.6 feet, more or less, to a point; thence S 7° 30'00" W 8.8 feet; thence continuing in the same course 165.05 feet to a point at the dividing line between the property shown as Lot "G" on said plat; thence N 82°30'00" W 91.6 feet to the easterly line of Gary Avenue; thence N 7°30'00" E 162.3 feet along the easterly side of Gary Avenue to the southern side of Old Virginia Beach Road, to the point of beginning. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Sheila Ross dated September 29, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20081010001188270. I it EXHIBIT "B" SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: A residential property: 1409 Old Virginia Beach Road (GPIN: 2417-17-9326) TERM: February 1, 2015 through January 31, 2016, with four(4) one-year renewal options. Renewal terms are at the City's option. RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF VBCDC: • Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. • At no time shall more than one family reside in the dwelling unit. • Shall not modify the Premises without prior approval from City. • Will maintain sound attenuation measures and compliance with City codes at Lessee's expense. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. VBCDC shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. TERMINATION: The City may terminate the lease at any time without cause upon thirty (30) days' advance written notice. Fi , J : C v\ �Q C C ti c� ,' o S \ / I 4. p CO 1 1 y II OS dSll — J p Cg — UZ p co CQQ ...° "' Q1 o 0 a'' E 0. C r J •� Co �- a Q ; in a \ \ \ �,,/ U W IY1 ��V_3 a 41 1 \ ) V1 _ Q1 1 - ` 4i l`` n L- L Ci ti T 4 N and AiVO a • z , _ Lam-.l LLL 0 ______ _, ,) L rl \\5., _ ,r, ��` 1 L_ C. -, ,-1 0 1\\ r a L_ \ \ , w co a } --L- iiikii ao08 \ _—.RUDDER.RD.— _— _ ---z. --— © , cc 1 ti y 't N �; N y VO i �� a. 0 y IV i1 4 + SEP pB 0. Q•O cn LL. 0 .— .._ ;. � C V 2 n: �fl LRS U Sr0 Illfi .. 7,-.. z+ Fw5 { C Ri ii. -81- Item -V-H.3a/b/c ORDINANCES ITEM#64772 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for one year to SATISFY conditions in the matter of closing unimproved portions of rights-of-ways at: a. Singleton Way(formerly Princess Anne Road) b. S. Witchduck Road(formerly Kempsville Road) c. Princess Anne Road(Relocated) Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN UNIMPROVED 4 PORTION OF SINGLETON WAY 5 (FORMERLY PRINCESS ANNE ROAD), S. 6 WITCHDUCK ROAD (FORMERLY 7 KEMPSVILLE ROAD) AND PRINCESS ANNE 8 ROAD (RELOCATED) ADJACENT TO THE 9 NORTH, EAST, AND SOUTHEAST SIDES OF 10 THE PARCEL IDENTIFIED BY GPIN: 1466- 11 78-3845 ("PARCEL D") 12 13 WHEREAS, on April 22, 2014, City Council acted upon the application of 14 the City of Virginia Beach (the "Applicant") for the closures of a portion Singleton Way 15 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 16 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 17 18 WHEREAS, on April 22, 2014, City Council adopted an Ordinance (ORD- 19 3345B) to close the aforesaid unimproved portions of Singleton Way, S. Witchduck 20 Road and Princess Anne Road, subject to certain conditions being met on or before 21 April 22, 2015; and 22 23 WHEREAS, the Applicant has requested an extension of time and 24 requested up to one year from the current deadline, April 22, 2015, to satisfy the 25 conditions to the aforesaid street closure action. 26 27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 28 Virginia Beach, Virginia: 29 30 That the date for meeting conditions of closure as stated in the Ordinance 31 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 32 is extended to April 22, 2016. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 35 21st day of April , 2015. 36 37 NO GPIN (RIGHT-OF-WAY) Adjacent to 1466-78-3845 APPROVED AS TO LEGAL APPRO ED AS TO CONTENT: S(-zyL1J4FlCIEN : .4111(0,A:0, 1 w l L �••_.����ii� City A ey J Plan ,1 I epartment CA 132 '� R-1 April 7, 2015 I' r ,l' EXHIBIT I NOTES: AREA OF PROPOSED STREET CLOSURE 'D-1' m s 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SQ. FT., 0.645 AC.) PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT 6:010, INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. , .. ETON ti 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS (A-0,p, lrgR PROPERTY. A=88.85' (4 ¢O' PO4/4/ A%IP,•, R=772.50' 0/V•s . ? 6y4, 4 4H,.R�.4Y, I =6'3524" ?0030? ?s P �40J o W SOT 22'22" W P 8°°3�s •s, `3¢J N + 9.85' ROpO•SFD J co N ►46.47' 4'. ' "i ' /NE in PI ki 4 --ncNi•� S 82'35'38" E wi j� ?. ?4 E Q�4 O 101.83' S 82 0"456 SE'40211.76&:," h N A-98.881 = y� 80.07' 40C. 44r k�s R=725.00'-� -,t- 1,•14..2 A=36.78 ..1..441 ry( 0=7'48 52 R=673.70' 3. PARCEL 'E' N/F N = ...Olio". --", -4 O=3'07'40" 3` + EMMANUEL PROTESTANT • o W A=38.08 •♦ % ,1' • EPISCOPAL CHURCH m R=32.00' in ♦ ry' •* ,� OF KEMPSVILLE o=68'11'22" , _ •o �� �, e� ch A=37.66 EXISTING of 1466-78-0931 R=75.00'' �� R/W LINE ,s4��� y p1 A =28'4603 ^ 3^ _ N � 4110 ��� O 1 o rt r') �.� * WQ 2 ^W Wel). o0 00 W "� Jr70 0 - � + S WD O p ci\ k '1) M � Nh ' �. cC h �V�is) ory � tiry :;� 4 z r "*, � ,, -%J -1--- z----:_-_- -_:: _ <,.= c'l cc; a/ 0) t....._ ,__ N 11 1a ,p�6 �` q ...-;.a• E' ' g1 N 4020'28" E 6.90' �� V" V. \;N 71 12.'4, 14 N 4020'28"E 18.97' ►� S31521'33" W �. _ 1 . 1 42 132 W ' A=38.15' A=104.39' 105.78' S f$52:51,'40.. R=8750' , 6 R=1122.50 1 A A =2458'55" D =5'19'43" /V 8O48 E" w A=6.43' PRINCESS ANNE ROAD N 49'39'32" W 4.00' (RELOCATED) - VAR R/W N S 4020'28" W 31.26' (INST 20090519000553070XINST 20091019001219680) A=45.15' AREASED (INST 20100203000113230)(INST 20100409000329350) R=43.50' STREET CLOSURE 'D-2' SQ. F OF PROPOSED OSED0.044 AC.) (INST 20100507000436780)(M.B. 114, P. 21) A =5977'51" STREET CLOSURE EXHIBIT SHEET 1 OF 1 OF A 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY v_v_ 1:41.. (FORMERLY PRINCESS ANNE.ROAD) AM WAxD AS. 1PITCHDUCK ROAD (RTE 190) 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. !TT'TCHDUCK ROAD (RTE 190) (PUBLIC BIGHT-OF TAYSXINST No 20130315000905920) -- VIRGINIA BEACH, VIRGINIA landscapeSurveying i gutecturo Exclusively for �' 9 CITY OF VIRGINIA BEACH • com 757.431.1041 04 FEBRUARY, 2014 MISfNIG 1ML 51E 820a 6fACl�N 23152 SCALE: 1" = 100' I CAD/chk: TMF/els CITY OF VIRGINIA BEACH, VA F.B. P. I PLAT: I.JN:213-0160 -82- Item -V-H.4a ORDINANCES ITEM#64773 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT,APPROPRIATE and TRANSFER: a. $2,639,476 from the General Fund to the Risk Management Internal Service re Workers'Compensation Claims Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 1 AN ORDINANCE TO APPROPRIATE FUNDS TO THE RISK 2 MANAGEMENT INTERNAL SERVICE FUND TO PAY 3 WORKERS' COMPENSATION CLAIMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That$2,639,476 is hereby appropriated from the fund balance of the General Fund, 9 with revenue from fund reserves increased accordingly, to the Risk Management Internal 10 Service Fund to meet the City's workers' compensation obligations. 11 Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of April 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Manageme t Serv. es Ci • ney's Office CA13342 R-1 April 9, 2015 -83- Item-V-H.4b ORDINANCES ITEM#64774 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT,APPROPRIATE and TRANSFER: b. $372,657 to the Schools Operating Budget: $340,710 from Instruction to Technology Classification $ 31,947 from Operations and Maintenance to Technology Classification Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April21, 2015 1 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE 2 FY 2014-15 SCHOOL OPERATING BUDGET 3 4 WHEREAS, the School Board requests, by resolution adopted March 31, 2015, a 5 transfer of funds from various classifications to the technology classification to purchase 6 iPads and covers, printers, printer cartridges, computers, monitors, computer supplies, 7 laptops, software, and technology services. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That $372,657 is hereby transferred within the FY 2014-15 Schools Operating 13 Budget (115 Fund) in the amounts set forth below: 14 15 1. $340,710 from the Instruction Classification to the Technology Classification; 16 and 17 2. $31,947 from Operations and Maintenance Classification to the Technology 18 Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of April , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CI- � LaiLi Budget and Management Seres •• = orney's Office CA13337 R-1 April 3, 2015 : | ofSchool Board ��e���mfBeach Virginia VIRGINIA BEACH CITY PUBLIC SCHOOLS Kempsville,Danie| [l [dwand� Disthct2— [hair ^ " s ^ o or , vr coavc Beverly M.Anderson,At-Lrge,Vice Chair Sharon R� Fe|ton. Di��ct6—Beach School Ad,ninistradonBuilding#6' Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Joel A, McDonald, District 3—Rose Hall P. 0. Box 6038 | , Ashley K. McLeod,At-Large Virginia Beach, VA 23456 Kimberly A. Melnyk, District 7—Princess Anne (757) 263-1000 ` ' Carolyn T, Ryp' District 5—Lynnhaven MISSION STATEMENT Elizabeth E.Taylor,At-Large The Virginia Beah City Public Schools,in partnership with the entire Leonard C.Tengco, District 1—Centerville community,will empower every student to become a lifelong learner Carolyn D.Weems, District 4—Bayside who is a responsible,productive and engaged citizen within the global community. Aaron C.Spence, EdD.,Superintendent RESOLUTION REGARDING FY 2014-15 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach,Virginia by major Category; and WHEREAS, the Code of Virginia §22J'I15' as amended, requires that technology-related expenditures be made in a separate Fund or Category; and WHEREAS,the School Administration has determined that a number of schools and departments have technology-related | � spending needs that require categorical/fund transfers to enable such purchases such as: iPads and covers, printers, printer cartridges, computers, monitors, computer supplies, laptops, software,technology services; and WHEREAS,the following budget transfers totaling$372,657 are recommended by the School Administration: • Total of$340,710 from Operating Fund 115 - Instruction to Operating Fund 115 -Technology * Total of$31.047from Operating Fund 115—Operations& Maintenance to Operating Fund 115—Technology;and VVHENEAS, these transfers are also necessary to appropriately expense and account for technology-related and cross- categorical expenses; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW,THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of�he�e funds; and be it FURTHER RESOLVED:That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 31st day of March 2015 , - �� SEAL . � Daniel D. Edwards, Chairman � . � Attest: ' (--t.��‘c-t---~1���-4_ Dianne P. Alexander, Clerk of the Board i I -84- Item -V-H.4c/d ORDINANCES ITEM#64775 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to ACCEPT,APPROPRIATE and TRANSFER: c. $ 60,984 in Grant Funds from the Virginia Department of Health re LUCAS CPR devices and LifePak cardiac monitor upgrades d. $ 60,984 to the Emergency Medical Services re local match for Emergency Medical Equipment: $45,000—transfer within the EMS Operating Budget $15,984—from the General Fund Reserve for Contingencies Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April21, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER A LOCAL 3 MATCH FOR THE PURCHASE OF EMERGENCY 4 MEDICAL EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) That $60,984 is hereby accepted from the Virginia Department of Health, 10 Office of Emergency Medical Services, and appropriated, with estimated state revenues 11 increased accordingly, to the FY 2014-15 Operating Budget of the Department of 12 Emergency Medical Services to purchase 6 LUCAS CPR devices and 5 LifePak cardiac 13 monitor upgrades; and 14 15 2) That $60,984 for a local match is hereby provided as follows: 16 17 a. $45,000 is transferred within the FY 2014-15 Operating Budget of the 18 Department of Emergency Medical Services; and 19 20 b. $15,984 is transferred from the General Fund Reserve for 21 Contingencies to the FY 2014-15 Operating Budget of the Department 22 of Emergency Medical Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 21st day of April , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - G Ar Budget and Management Services _ •tt• e s Office CA13332 R-1 March 31, 2015 -85- Item—V-I PLANNING ITEM#64776 1. TIMOTHY J. COSTEN STREET CLOSURE 2. LEONARD M.LYON NON-CONFORMING USE 3. ST. JAMES MISSIONARY CHURCH MODIFICATION OF CONDITIONAL USE 4. HOFD ASHVILLE PARK,LLC MODIFICATION OF PROFFERS 5. G&A PROPERTIES,LLC CONDITIONAL USE PERMIT 6.EAT THE STREETS 757/ SPECIAL EXCEPTION MIKE STANDING FESTIVAL,LLC CONDITIONAL USE PERMIT 7.AMEND CITY ZONING ORDINANCE ITEM#2 WILL BE DEFERRED TO MAY 5, 2015 ITEM#4 WILL BE DEFERRED TO MAY 19, 2015 ITEM#6 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#6 COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#6 April 21, 2015 -86- Item -V-I PLANNING ITEM#64777 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Items 1, 2 (DEFER TO MAY 5, 2015), 3, 4 (DEFER TO MAY 19, 2015), 5 and 7a/b/c/d of the PLANNING AGENDA. Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 -87- Item—V-L1 PLANNING ITEM#64778 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of TIMOTHY J. COSTEN for a Street Closure re an unimproved portion of Scott Bend Lane at North Oceana Boulevard DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon TIMOTHY J. COSTEN for a Street Closure re an unimproved portion of Scott Bend Lane at North Oceana Boulevard DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. The plat shall include a note that restricts the subdivided property to one single-family dwelling. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1)year of the City Council vote to close the right-of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-First day of April, Two Thousand Fifteen. April 21, 2015 -88- Item—V-L1 PLANNING ITEM#64778 (Conditioned) Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 1 ORDINANCE APPROVING APPLICATION OF 2 TIMOTHY J. COSTEN FOR THE CLOSURE OF A 3 4,500 SQ. FT. PORTION OF AN UNIMPROVED 4 RIGHT-OF-WAY KNOWN AS SCOTT BEND 5 LANE 6 7 WHEREAS, Timothy J. Costen, a/k/a Tim Costen (the "Applicant") applied to the 8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 unimproved right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 12 be discontinued, closed, and vacated, subject to certain conditions having been met on 13 or before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described unimproved right-of-way be discontinued, closed 21 and vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying 25 and being in the City of Virginia Beach, Virginia, 26 designated and described as "30' UNIMPROVED 27 RIGHT-OF-WAY (M.B. 29, PG. 64)" shown as the 28 hatched area on that certain plat entitled: "STREET 29 CLOSURE EXHIBIT OF A 30 FT. RIGHT-OF-WAY 30 ADJACENT TO LOT 20 AND 25.70' OF LOT 21 31 PROPERTY OF KENNETH CRUISER LOCATED IN 32 OCEANA GARDENS (M.B. 29, PG. 64) (M.B. 27, PG. 33 73) (M.B. 20, PG. 33) VIRGINIA BEACH, VIRGINIA", 34 Scale: 1" = 30', dated December 22, 2014, prepared by 35 Digital Survey Services, LLC, a copy of which is attached 36 hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 44 GPIN: City right-of-way/ No GPIN assigned 45 (Adjacent to GPINs: 2417-06-6362 and 2417-06-6462) 1 46 1. The City Attorney's Office will make the final determination regarding ownership 47 of the underlying fee. The purchase price to be paid to the City shall be 48 determined according to the "Policy Regarding Purchase of City's Interest in 49 Streets Pursuant to Street Closures", approved by City Council. Copies of the 50 policy are available in the Planning Department. 51 52 2. The Applicant shall subdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining parcel. The plat must be submitted 54 and approved for recordation prior to final street closure approval. The plat shall 55 include a note that restricts the subdivided property to one single-family dwelling. 56 57 3. The Applicant shall verify that no private utilities exist within the right-of-way 58 proposed for closure. Preliminary comments from the utility companies indicate 59 that there are no private utilities within the right-of-way proposed for closure. If 60 private utilities do exist, easements satisfactory to the utility company must be 61 provided. 62 63 4. Closure of the right-of-way shall be contingent upon compliance with the above 64 stated conditions within 365 days of approval by City Council. If the conditions 65 noted above are not accomplished and the final plat is not approved within one 66 (1) year of the City Council vote to close the right-of-way this approval shall be 67 considered null and void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before April 20, 2016, this 72 Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before April 20, 2016, the date of final closure is 75 the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying fee, 78 the City Manager or his designee is authorized to execute whatever documents, if any, 79 that may be requested to convey such interest, provided said documents are approved 80 by the City Attorney's Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH as "Grantor" and TIMOTHY J. COSTEN as "Grantee." 87 88 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21st day 89 of April , 2015. 2 11 90 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 91 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: vanalilIWO Luw4 14/114:4- Planning D:partment 4 City Attorney CA13195 \\vbgov.com\DFS 1 Wppl ications\CityLawProd\cycom32\W pdocs\D028\P014\00012539.DOC R-1 April 13, 2015 3 I I EXHIBIT A NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN M B 27, PG 73) GENERAL REFERENCE. (MERIDIAN. 1. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 22 I 23 I 24 GPIN 2417 06 8310 ' cpC.1 200611290017782501 M.B. 27, PG. 73 X S OT '00' 1_____7_42_71.L.. S 0 730'00" W AXLE(F) 30.00 P/P£(F) 75.70' 72'food F nce-�./ X AREA OP PROPOSED STREET CLOSURE 40 03SACRE X ri3 42'C.L.F. 1 - 19 (others) ›Ai/ 1 20 3GPIN 2117 06 6362 °R ; GPIN 2417 06 8310 GPIN 2417 06 6462 ) u- $ �)a$ DOC. 20061129001778250 DOC.' 20100223000171540 9' qq , M.B. 121, PG. 53 ^ c+- tv M.B. 27, PG. 73 Wood oo o�3 a R/wtv v Deck ( n z 8 `� Ig/-S %� 1{1/2-8TY. J x, W r AO � Li.#3R x m ,n/m I 17611 @ g � m I z i • 39-02k PICCP/N(F) N 0730'00' E\ N 0730'00" E 75.70' PIPE(F) A44/L(F) IN AXLE N. OCEANA BOULEVARD (FORMERLY EASTLANE) ��LTH Off, (M.B. 27, PG. 73) (80' R/W) 4I O , . STREET CLOSURE EXHIBIT VHN . BRUNELLE OF A 30 FT. RIGHT-OF-WAY No. 002334 ADJACENT TO ,/Z-�'_/,�o,y* LOT 20 AND 25.70' OF LOT 21 N.0 SU PROPERTY OF KENNETH CRUISER LOCATED IN OCEANA GARDENS (M.B. 29, PG. 64) r 111/ (M.B. 20, PG. 33) �f �►lrr MRGINIA BEACH, VIRGINIA Digi . F1 FTIMOTHY Jam. COSTEN Survey ��/ Services 0' 30' 60' 90' LAND SURVEYING MIN - MONEMMINEMONI 446 BATREF ELD KW N.-9JI1E E ON - MI 11111011111 CHESAPEAKE. VA. 23320 (757)421-7756 (FAX)421-7745 SCALE : 1"-30' I DATE : DECEMBER 22, 2014 I DWG. BY : HTB I PROJ. #0135514 -89- Item-V-I.2 PLANNING ITEM#64779 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO MAY 5, 2015, BY CONSENT, Application of LEONARD M. LYON for the enlargement and relocation of a Nonconforming Use to construct additions and relocate two (2) residences at 4481 Lee Avenue DISTRICT 4—BAYSIDE Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April21, 2015 -90- Item-V-I.3 PLANNING ITEM#64780 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, Application of ST. JAMES MISSIONARY CHURCH for a Modification of a Conditional Use Permit to allow a portable classroom at 5724 Old Providence Road DISTRICT 1 — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon ST. JAMES MISSIONARY CHURCH for a Modification of a Conditional Use Permit to allow a portable classroom at 5724 Old Providence Road (GPIN 1456844401) DISTRICT 1 — CENTERVILLE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit for childcare, granted by the City Council on January 9, 2007, shall remain in effect. 2. 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 portable classroom structure. 3. The portable classroom structure is considered temporary and shall be permitted on this site for not more than five (5) years from the date of City Council approval and shall be located only as depicted on the submitted plan. 4. The portable classroom structure shall have skirting around the entire base to screen the under-carriage of the unit. 5. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. 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 Twenty-First day of April, Two Thousand Fifteen. April21, 2015 -91- Item -V-I.3 PLANNING ITEM#64780 (Continued) Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 -92- Item -V-I.4 PLANNING ITEM#64781 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED TO MAY 19, 2015, 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 DISTRICT 7—PRINCESS ANNE Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 -93- Item -V-I.5 PLANNING ITEM#64782 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, Application of G & A PROPERTIES, LLC for a Conditional Use Permit re auto repair at 590 Baker Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon G & A PROPERTIES, LLC for a Conditional Use Permit re auto repair at 590 Baker Road (GPIN 1468302759) DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. No barbed wire fencing shall be used in conjunction with the requested use. Barbed wire currently installed on any fencing on the site shall be removed. 2. Evergreen plants branching to the ground and reaching a minimum height of six feet (6) at maturity shall be installed adjacent to the existing fence. 3. All vehicular repairs shall take place within the existing building. 4. No motor vehicle sales or bulk storage shall occur on the site. No outside storage of equipment,parts or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 6. All signs shall comply with the current requirements of the City Zoning Ordinance (CZO). This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-First day of April, Two Thousand Fifteen. April 21, 2015 -94- Item-V-I.5 PLANNING ITEM#64782 (Continued) Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 -95- Item -V-L 6a/b PLANNING ITEM#64783 Upon motion by Councilman Davenport, seconded by Councilman Moss, City Council, APPROVED and CONDITIONED, AS REVISED, Application of EAT THE STREETS 757 / MIKE STANDING FESTIVAL,LLC DISTRICT 6—BEACH.• a. Special Exception for Alternative Compliance to Sec 2.2 of the Oceanfront Resort District Form-Based Code b. Conditional Use Permit re open air market and outdoor recreation at 712 Atlantic Avenue BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon EAT THE STREETS 757 / MIKE STANDING FESTIVAL,LLC(GPIN 2427235940)DISTRICT 6—BEACH.: a. Special Exception for Alternative Compliance to Sec 2.2 of the Oceanfront Resort District Form-Based Code b. Conditional Use Permit re open air market and outdoor recreation at 712 Atlantic Avenue DISTRICT 6—BEACH The following conditions shall be required: 1. The Conditional Use Permits for an Open Air Market and outdoor entertainment will be void one (1)year after the approval date of these Use Permits by the City Council. 2. The use and improvement of the site shall substantially conform to the "Conceptual Site Plan Exhibit, 712 Atlantic Avenue, " which has been exhibited to the City Council as Page 8 of the Staff Report. 3. No food trucks shall be located parallel to Atlantic Avenue within fifty (50) feet of the eastern lot line. 4. The use, materials and improvements made to the site shall substantially follow the "Open Air Market Design Guidelines, 712 Atlantic Avenue, " which have been exhibited to the City Council as Pages 11 through 13 of the Staff Report. 5. The use shall be in operation only between 8:00 AM and 11:00 PM 6. A written agreement shall be submitted to the City of Virginia Beach Planning Department /Permits and Inspections Division pertaining to the availability of restrooms on site. The use may not operate without providing restroom facilities. 7. The existing free-standing sign at the northeastern corner of the site does not meet the signage requirements of the Oceanfront Resort District Form-Based Code. Accordingly, said sign shall be removed within one (1) year of the approval date of these Use Permits by the City Council. April21, 2015 -96- Item -V-L 6a/b PLANNING ITEM#64783 (Continued) 8. No merchandise,produce, or food shall be displayed or sold along the street frontage or outside of the existing fenced-in area covered by this Conditional Use Permit. 9. There shall be no less than one (1) trash receptacle per one thousand(1,000) feet of sales area. All trash receptacles shall be regularly emptied so as not to overflow and litter and debris shall not be allowed to accumulate. 10. Merchandise, stalls or other materials, shall not be stored outdoors when the use is not open for business. 11. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking. 12. In accordance with the Building Code, all temporary structures and furniture will be appropriately disassembled or removed when winds equal to or greater than sixty (60) miles per hour are expected. 13. All applicable requirements of the Health Department shall be adhered to at all times. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-First day of April, Two Thousand Fifteen. Voting: 9-0 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 and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. John E. Uhrin Council Members Absent: None April 21, 2015 �IN� BEAc r) City of Virginia- Beach so yes 4` op 0. 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 0054657 wsessoms@vbgov.com April 21, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Eat the Streets 757 for a Special Exception for Alternative Compliance to Section 2.2 of the Oceanfront Resort District Form-Based Code and a Conditional Use Permit for Open Air Market and Outdoor Recreation/Entertainment with respect to property owned by Mike Standing Festival, LLC and located at 712 Atlantic Avenue. 2. The applicant has disclosed that TowneBank provides financial services with respect to this application. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I wish to disclose this interest and will abstain from voting on this matter. Mrs. Ruth Hodges Fraser -2- April 21, 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. essoms Mayor WDS/RRI Gr 0 City of Virg;irZi i I leach gip , 2 t 9R�s n. 04,„ OF OUR NA-00NS VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRIN C@VBGOV.COM In Reply Refer to 0054660 April 21, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Eat the Streets 757 for a Special Exception for Alternative Compliance to Section 2.2 of the Oceanfront Resort District Form-Based Code and a Conditional Use Permit for Open Air Market and Outdoor Recreation/Entertainment with respect to property owned by Mike Standing Festival, LLC and located at 712 Atlantic Avenue. 2. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. 3. The principal of Burlage Management Corporation is a former owner of the property. I am disclosing this former interest,and I have chosen to abstain from voting on this matter. 215 ATLANTIC AVENUE, VIRGINIA BEACH,VIRGINIA 23451 Mrs. Ruth Hodges Fraser -2- April 21, 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, J. A E. Uhrin ouncilmember JEU/RRI -97- Item-V L 7a/b/c/d PLANNING ITEM#64784 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, BY CONSENT, Ordinances to AMEND the City Zoning Ordinance: a. ADDING definitions of "Small Wireless Telecommunication facility", "Temporary Communication Tower" and AMENDING the definition of "Antenna, Building-Mounted," b. Building-Mounted Antennas and Small Wireless Telecommunication facilities c. ESTABLISHING requirements for Small Wireless Telecommunication facilities, Temporary Communication Towers and Building-Mounted Antennas d. The Oceanfront Resort District Form-Based Code ALLOWING Small Wireless Telecommunication facilities as Permitted Voting: 11-0 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, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: None April 21, 2015 1 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE SECTION 2 111 BY ADDING DEFINITIONS OF "SMALL WIRELESS FACILITY" 3 AND "TEMPORARY COMMUNICATION TOWER" AND AMENDING 4 THE DEFINITIONS OF "ANTENNA, BUILDING-MOUNTED, AND 5 "COMMUNICATION TOWER," CITY ZONING ORDINANCE 6 SECTION 207, PERTAINING TO REQUIREMENTS FOR BUILDING- 7 MOUNTED ANTENNAS, TEMPORARY COMMUNICATION 8 TOWERS AND SMALL WIRELESS FACILITIES; CITY ZONING 9 ORDINANCE SECTION 232, ESTABLISHING REQUIREMENTS 10 FOR SMALL WIRELESS FACILITIES AND BUILDING-MOUNTED 11 ANTENNAS; AND CITY ZONING ORDINANCE SECTIONS 301, 401, 12 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 AND 2203 13 AND SECTIONS 5.1, 5.2 AND 5.3 OF THE OCEANFRONT RESORT 14 DISTRICT FORM-BASED CODE, ALLOWING SMALL WIRELESS 15 FACILITIES AS PRINCIPAL OR CONDITIONAL USES IN THE P-1 16 PRESERVATION DISTRICT, AG-1 AND AG-2 AGRICULTURAL 17 DISTRICTS, R-2.5 THROUGH R-40 RESIDENTIAL DISTRICTS, A-12 18 THROUGH A-36 APARTMENT DISTRICTS, H-1 HOTEL DISTRICT, 19 0-1 AND 0-2 OFFICE DISTRICT, B-2 THROUGH B-4C BUSINESS 20 DISTRICTS, I-1 AND 1-2 INDUSTRIAL DISTRICTS, RT-1, RT-3, AND 21 RT-4 RESORT TOURIST DISTRICTS, CBC CENTRAL BUSINESS 22 CORE DISTRICT, AND OR OCEANFRONT RESORT DISTRICT 23 AND ALLOWING TEMPORARY COMMUNICATION TOWERS AS 24 PRINCIPAL OR CONDITIONAL USES IN SUCH DISTRICTS 25 26 27 Sections Amended: City Zoning Ordinance Sections 111, 207, 232, 28 301, 401, 501, 601, 701, 801, 901, 1001, 1110, 1501, 1521, 1531 and 29 2203 and Sections 5.1, 5.2 and 5.3 of the Oceanfront Resort District 30 Form-Based Code 31 32 WHEREAS, the public necessity, convenience, general welfare and good 33 zoning practice so require; 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That City Zoning Ordinance Sections 111, 207, 232, 301, 401, 501, 601, 39 701, 801, 901, 1001, 1110, 1501, 1521, 1531 and 2203 and Section 5.2 Of The 40 Oceanfront Resort District Form-Based Code are hereby amended and 41 reordained by adding a definition of "small wireless facility," amending the 42 definition of "antenna, building-mounted, establishing requirements for building- 43 mounted antennas, temporary communication towers and small wireless facilities, 44 and allowing small wireless telecommunication facilities as permitted or 45 conditional uses in the P-1 Preservation District, AG-1 and AG-2 Agricultural 46 Districts, R-2.5 through R-40 Residential Districts, A-12 through A-36 Apartment 47 Districts, H-1 Hotel District, 0-1 and 0-2 Office District, B-2 Through B-4C 48 Business Districts, I-1 and 1-2 Industrial Districts, RT-1, RT-3, and RT-4 Resort 49 Tourist Districts, CBC Central Business Core District, and Section 5.2 of the OR 50 Oceanfront Resort District, to read as follows: 51 52 ARTICLE 1. GENERAL PROVISIONS. 53 . . . . 54 55 Sec. 111. Definitions. 56 57 For the purpose of this ordinance, words used in the present tense shall 58 include the future; words used in the singular number include the plural and the 59 plural the singular; the use of any gender shall be applicable to all genders; the 60 word "shall" is mandatory; the word "may" is permissive; the word "land" includes 61 only the area described as being above mean sea level; and the word "person" 62 includes an individual, a partnership, association, or corporation. 63 64 In addition, the following terms shall be defined as herein indicated; 65 provided that in the event a term defined in this section is defined differently in the 66 regulations of any form bascd district identified in Section 102(a)(13), the latter 67 definition shall control if the property to which the definition applies is located in 68 the form based such district: 69 . . . . 70 71 Antenna, building mounted. Any structure or device affixed to a building or 72 other structure, except a water tank, for the purpose of supporting broadcast 73 equipment of any frequency or electromagnetic wave, or any similar system of 74 wires, poles, rods, reflecting discs or similar devices used for the transmission or 75 reception of electromagnetic waves. The term does not include communication 76 towers, antennas mounted on communication towers, home satellite dishes, small 77 wireless facilities or television or radio antennas used primarily for the benefit of 78 the occupants of, or visitors to, property on which such antennas are located. 2 79 . . . . 80 81 Communication tower. Any pole, spire or other structure, including 82 supporting lines, cables, wires, braces, masts or other appurtenances, intended or 83 used primarily for the purpose of affixing antennas or other wireless 84 telecommunications equipment or for housing such equipment and any 85 associated base station. For purposes of this ordinance, regulations pertaining to 86 communication towers shall apply to any associated base station as applicable. 87 The term "base station" includes any equipment and non-tower supporting 88 structure at a fixed location that enable wireless communications between user 89 equipment and a communications network, and any other equipment associated 90 with wireless communications service, including, but not limited to, radio 91 transceivers, antennas, coaxial or fiber-optic cable, regular and backup power 92 supply, and comparable equipment. The term does not include private home use 93 of satellite dishes and television antennas or by amateur radio operators as 94 licensed by the Federal Communications Commission. 95 96 Communication tower, temporary. A portable communication tower that is 97 intended or used to provide wireless telecommunication service on a temporary or 98 emergency basis and that is not permanently affixed to the site on which it is 99 located. Such towers include, without limitation, Cells-on-Wheels (COW), Site-on- 100 Wheels (SOW), Cell on Light Trucks (COLT) or other portable devices. 101 102 . . . . 103 104 Small Wireless Facility. Small wireless facilities include smaller antennas 105 and compact radio equipment deployed in order to provide mobile voice and 106 broadband service. Such facilities include distributed antenna systems (DAS), 107 small cells, and other low-powered radio access nodes, including those that 108 operate in licensed spectrum and unlicensed carrier-grade Wi-Fi. Small wireless 109 facilities typically have a range from ten (10) meters to several hundred meters 110 and can be deployed on a variety of non-traditional structures such as utility poles, 111 as well as on rooftops and inside buildings, to enhance capacity or fill in coverage 112 gaps. The terms shall be construed to include supporting lines, cables, wires, 113 braces, masts or other appurtenances. 114 115 3 116 COMMENT 117 118 The amendments in the second paragraph of the introductory portion of the section 119 are technical in nature and are intended to encompass all codes intended to implement a 120 Strategic Growth Area Plan, rather than only form-based codes, 121 122 The remaining amendments modify the definitions of "building-mounted antenna" 123 so as to exclude small wireless facilities and "communication tower" so as to clarify that 124 regulations pertaining to communication towers also apply to associated base stations,which 125 are also defined. New definitions of"communication tower, temporary" and "small wireless 126 facility" are added to the section as well. 127 128 . . . . 129 130 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 131 TO ALL DISTRICTS 132 133 A. Regulations Relating to Lots, Yards, Heights, Off-Street Parking, Off-Street 134 Loading, and Certain Uses 135 136 . . . . 137 138 Sec. 207. Building-mounted antennas, small wireless facilities and 139 temporary communication towers. 140 141 (a) The following provisions shall apply to building-mounted antennas in 142 all districts in which they are permitted, unless otherwise provided by conditional 143 use permit: 144 145 (a) (1) Antennas shall, through the use of screening, colorization, 146 placement, design, or any combination thereof, be as visually 147 unobtrusive as is reasonably practicable; 148 149 (b) (2) No antenna shall be located upon any building or structure 150 less than fifty thirty(50) (30) feet in height; 151 152 (c) (3) No antenna shall extend to a height greater than twenty-two 153 (22) feet above the highest point of the building or structure to 154 which it is affixed; 155 4 156 (d) (4) No antenna shall be erected unless a professional engineer 157 licensed in the Commonwealth of Virginia certifies to the 158 building official that the proposed antenna, or array of 159 antennas, complies with all applicable Federal 160 Communications Commission regulations, including, without 161 limitation, regulations pertaining to the emission of radio 162 frequency radiation; and 163 164 (e) (5) Buildings or other structures housing electronic equipment or 165 other equipment or materials used in connection with the 166 operation of an antenna shall meet all application setback 167 and landscaping requirements; and. 168 169 (6) Building-mounted antennas shall not be permitted on single- 170 family dwellings or duplexes in any district or on any property 171 containing such a use. 172 173 (b) The following provisions shall apply to small wireless facilities, other 174 than those located on public rights-of way or other public property or in the interior 175 of a building, in all districts in which they are permitted, unless otherwise provided 176 by conditional use permit : 177 178 (1) Application requirements. Applications for small wireless 179 facilities may encompass multiple sites, provided that all such 180 sites are located within a single, discrete area of the City. 181 Applications shall include: (i) a plan showing the proposed 182 location by Geographic Parcel Identification Number (GPIN) 183 of each small wireless facility, and a diagram or other suitable 184 representation of the proposed location of each such facility 185 on a building or structure, showing the dimensions of each 186 facility, its height from ground level and the type of building or 187 structure on which each such facility is to be affixed; (ii) 188 photographs or accurate renderings, including correct colors 189 and exact dimensions, of each type of proposed small 190 wireless facility; (iii) a statement signed by a professional 191 engineer licensed in the Commonwealth of Virginia the 192 proposed facilities comply with all applicable Federal 193 Communications Commission regulations, including, without 194 limitation, regulations pertaining to the emission of radio 5 195 frequency radiation; and (iv) such additional information as 196 the planning director may reasonably require in order to 197 determine whether the requirements of this section are met. 198 199 (2) Such facilities shall be substantially concealed from view by 200 means of painting or tinting to match the surface of the 201 building or other structure to which they are affixed or by 202 other suitable method, such as by flush-mounting or 203 integration into the design elements of the building or 204 structure. 205 206 (3) If visible from a public street, equipment other than whip 207 antennas and electrical power or battery backup cabinets 208 shall be no greater than eight (8) cubic feet in volume. Whip 209 antennas shall be no longer than twenty-five (25) feet. 210 211 (4) Electrical power and battery backup cabinets shall, to the 212 extent practicable, be roof-mounted or otherwise located so 213 as to not be visible from a public street or, where not 214 practicable, such equipment shall be appropriately screened 215 by landscaping or other means minimizing visibility from a 216 public street. 217 218 (5) Minimum height of antennas, if affixed to a building or other 219 vertical structure shall be ten (10) feet. 220 221 (6) Small wireless facilities shall not be permitted on single-family 222 dwellings or duplexes in any district or on any property 223 containing such a use. 224 225 (c) Special provisions for temporary communication towers. Temporary 226 communication towers meeting the requirements of this subsection shall be 227 allowed as principal uses where so provided by the regulations of the district in 228 which they are located: 229 230 (1) Maximum height shall be one hundred (100) feet; 231 232 (2) Maximum duration shall be the longer of (i) five (5) days; (ii) 233 where used in conjunction with an event permitted pursuant 6 234 to City Code Section 4-1 (special events permits), forty-eight 235 (48) hours prior to and after such event; or (iii) in cases of 236 declared emergencies resulting in the disablement of existing 237 telecommunications facilities, the duration of the emergency; 238 239 (3) Minimum setback from any residential district or use, as 240 measured to the nearest lot line of such district or use, shall 241 be two (2) times the height of the tower or one hundred fifty 242 (150) feet, whichever is greater; 243 244 (4) No grading or removal of vegetation shall be permitted; 245 246 (5) Noise from generators shall not exceed sixty-five A-weighted 247 decibels ( 65 dBA) at a distance of twenty (20) feet from the 248 noise source; 249 250 (6) No signage or lighting other than as may be required by law 251 shall be allowed; 252 253 (7) A certification that the tower is capable of supporting the total 254 anticipated capacity of the tower, including all appurtenances, 255 and a certification that all equipment intended to be affixed to 256 the proposed tower comply with all applicable regulations 257 promulgated by the Federal Communications Commission 258 pertaining to the emission of radio frequency radiation shall 259 be required prior to deployment of the tower. Such 260 certifications shall be under seal from a professional engineer 261 licensed in Virginia; and 262 263 (8) Unless allowed by conditional use permit, no temporary 264 communication tower shall be allowed east of Pacific Avenue 265 from 4th Street to 42nd Street. 266 267 COMMENT 268 269 The section sets forth the requirements for applications, concealment or screening, 270 height, size and other characteristics of small wireless facilities and temporary 271 communication towers permitted by right. Under the proposed Section 232(k), such facilities 272 may be allowed a conditional uses if the requirements of this section are not met. 273 7 274 The section also sets forth requirements for temporary communication towers that 275 are permitted as principal (by-right) uses and provides that temporary towers not meeting 276 the requirements of the section may be allowed as conditional uses where district regulations 277 so provide. 278 279 . . . . 280 281 Sec. 232. Communication towers; building-mounted antennas; small 282 wireless facilities. 283 284 (a) Purpose; applicability. 285 286 (1) The purpose of this section is to (1) facilitate the provision of 287 wireless communications services to the citizens and 288 businesses of the city; (2) minimize the risk of physical 289 damage and other potential adverse impacts of 290 communications towers; (3) require, where commercially 291 reasonable, the joint use of communications towers by 292 providers of wireless telecommunications services so as to 293 avoid unnecessary proliferation of communication towers and 294 related facilities; and (4) allow the use of public property 295 under circumstances in which such use (i) minimizes the 296 potential adverse visual and other impacts of communication 297 towers and their appurtenances; (ii) does not adversely affect 298 the operation of public facilities such as public safety 299 communications facilities and water tanks for their primary 300 purpose; and (iii) conforms to applicable requirements 301 pertaining to the use of public property for purposes of 302 communication tower siting. 303 304 (2) Notwithstanding the provisions of Section 105(d) of this 305 ordinance, any co-location of antenna arrays or other 306 modifications to a communication tower or base station that 307 substantially changes, whether individually or cumulatively, 308 the physical dimensions of such tower or base station, shall 309 require a new or modified conditional use permit. For 310 purpose of this section, the standards set forth in Title 47, 311 Part 1, Subpart CC of the Code of Federal Regulations (47 312 C.F.R. §1.40001 et seq.), or any successor regulation, shall 313 be determinative of whether a co-location or other 8 314 modification substantially changes the physical dimensions of 315 a communication tower or base station. 316 317 . . . . 318 319 (j) Special provisions for communication towers affixed to electric 320 transmission line structures and building-mounted antennas. 321 322 (1) Communication towers affixed to electric transmission line 323 structures and building-mounted antennas shall be allowed 324 as principal uses where so permitted in the district 325 regulations, provided that the following requirements are met: 326 327 (1) a. Communication towers and building-mounted 328 antennas shall be made of materials or painted in such 329 manner as to match, to the maximum extent 330 practicable, the color of the structure upon which they 331 are affixed or mounted; 332 333 (2) b. Communication towers shall not project above the top 334 of the structure to which they are affixed by more than 335 twenty (20) percent of the height of the structure; 336 337 (3) c. The owner of the communication tower or his agent 338 submits to the planning director a list containing the 339 name and last known address of the owner of all 340 abutting lots, as shown on the current real estate tax 341 assessment books or current real estate tax 342 assessment records. The planning director shall 343 thereafter notify such property owners of the filing of 344 the site plan or building permit application seeking 345 approval of the communication tower. No such site 346 plan or building permit shall be approved for a period 347 of seven (7) days from the mailing of the notices; and 348 349 (4) d. Building-mounted antennas shall conform to the 350 requirements of section 207. 351 9 352 (2) Communication towers affixed to electric transmission line 353 structures and building-mounted antennas not meeting the 354 applicable requirements of this section may be permitted as 355 conditional uses where so provided by the regulations of the 356 district in which they are located. 357 358 (k) Small wireless facilities and temporary communication towers not 359 meeting the requirements of Section 207 may be allowed as conditional uses 360 where so provided by the regulations of the district in which they are located. 361 362 363 364 365 COMMENT 366 367 The amendments to this section are as follows: 368 369 1. Added new catchline to the section; 370 371 2. Added new catchline to subsection(a); 372 373 3. Added language in subsection (j) (2) providing that communication towers 374 affixed to electric transmission line structures and building-mounted antennas not meeting 375 the applicable requirements of this section may be permitted as conditional uses if so 376 provided by the applicable zoning district use regulations; 377 378 4. Added a new subsection (k), providing that small wireless facilities and 379 temporary communication towers not meeting the applicable requirements of this section 380 may be permitted as conditional uses if so provided by the applicable zoning district use 381 regulations; and 382 383 5. Added a new subdivision (3) to subsection (a), providing that co-locations of 384 antenna arrays or other modifications to a communication tower or base station that 385 substantially changes, whether individually or cumulatively, the physical dimensions of such 386 tower or base station shall require a new or modified conditional use permit. While that has 387 been the standard practice of the City,recent federal regulations provide that co-locations or 388 modifications that do not substantially change the size of a tower or base station must be 389 approved administratively. Those regulations also set forth standards for determining 390 whether a co-location or modification substantially changes the physical dimensions of such 391 tower or base station and provide that the determination is to take into account the 392 cumulative changes to a tower or base station so as to preclude an operator from making 393 piecemeal modifications intended to avoid the necessity for discretionary approval such as 394 conditional use permit. 395 396 . . . . 10 i I i 397 398 ARTICLE 3. PRESERVATION DISTRICT 399 400 Sec. 301. Use regulations. 401 402 (a) Principal and conditional uses. The following chart lists those uses 403 permitted within the P-1 Preservation District. Those uses and structures shall be 404 permitted as either principal uses indicated by a "P" or as conditional uses 405 indicated by a "C". No uses or structures other than as specified shall be 406 permitted. 407 408 Use P-1 409 410 Antennas, building mounted P 411 412 . . . . 413 Use P-I 414 415 Buildinq-mounted antennas meetinq the 416 requirements of Section 207 P 417 418 Buildinq-mounted antennas other than those 419 meeting the requirements of Section 207 C 420 421 . . . . 422 423 Communication towers meeting the requirements 424 of Section 232(j) P 425 426 Communication towers C 427 428 . . . . 429 430 Small wireless facilities meeting the requirements 431 of Section 207 _P 432 433 Small wireless facilities other than those 434 meeting the requirements of Section 207 C 435 436 . . . . 437 11 481 Use AG-1 AG-2 482 483 . . . . 484 485 Antennas, b,, sited P -P 486 487 Building-mounted antennas, subject to meeting the 488 requirements of Section 207 P P 489 490 Building-mounted antennas other than those 491 meeting the requirements of Section 207 C C 492 493 . . . . 494 495 Communication towers meeting the requirements 496 of Section 232(j) and temporary communication 497 towers meeting the requirements of Section 207 P P 498 499 Communication towers except as specified above 500 other than those meeting the requirements of 501 Section 232(j) and temporary communication 502 towers other than those meeting the requirements 503 of Section 207 C C 504 505 . . . . 506 507 Small wireless facilities meeting the requirements 508 of Section 207 P P 509 510 Small wireless facilities other than those 511 meeting the requirements of Section 207 C C 512 . . . . 513 514 COMMENT 515 516 The amendments: 517 518 (1) Add building-mounted antennas meeting the requirements of Section 207 as a 519 principal use, and other building mounted antennas as a conditional use, in the Agricultural 520 District; 521 13 522 (2) Add temporary communication towers meeting the requirements of Section 207 523 as a principal use in the District and those not meeting such requirements as a conditional 524 use; 525 526 (3) Add small wireless facilities meeting the requirements of Section 207 as a 527 permitted use in the district; and 528 529 (4) Add small wireless facilities other than those meeting the requirements of Section 530 207 as a conditional use in the district. 531 532 . . . . 533 534 ARTICLE 5. RESIDENTIAL DISTRICTS 535 536 . . . . 537 538 Sec. 501. Use regulations. 539 (a) Principal and conditional uses. The following chart lists those uses 540 permitted within the R-40 through R-2.5 Residential Districts. Those uses and 541 structures in the respective residential districts shall be permitted as either 542 principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses 543 and structures indicated by an "X" shall be prohibited in the respective districts. 544 No uses or structures other than as specified shall be permitted. 545 546 Use R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R2.5 547 . . . . 548 549 Communication towers 550 meeting the requirements 551 of Section 232(j)and 552 temporary communication 553 towers meeting the require- 554 ments of Section 207 PP PP PP PPP P 555 556 Communication towers 557 ; ccpt as specified 558 above other than those 559 meeting the requirements 560 of Section 232(i)and temp- 561 orary communication towers 562 other than those meeting the 563 requirements of Section 207 CCC C C C C C CC 564 14 i 438 Temporary communication towers meeting 439 the requirements of Section 207 440 441 Temporary communication towers not meeting 442 the requirements of Section 207 443 444 . . . . 445 446 COMMENT 447 448 The amendments: 449 450 (1) Add building-mounted antennas meeting the requirements of Section 207 as a 451 principal use, and other building mounted antennas as a conditional use, in the P-1 452 Preservation District; 453 454 (2) Add temporary communication towers meeting the requirements of Section 455 207 as principal uses in the P-1 District; 456 457 (3) Add temporary communication towers not meeting the requirements of 458 Section 207 as conditional uses in the P-1 District; 459 460 (4) Add small wireless facilities meeting the requirements of Section 207 as 461 principal uses in the District; and 462 463 (5) Add small wireless facilities other than those meeting the requirements of 464 Section 207 as conditional uses in the District. 465 466 467 468 ARTICLE 4. AGRICULTURAL DISTRICTS 469 470 . . . . 471 472 Sec. 401. Use regulations. 473 474 (a) Principal and conditional uses. The following chart lists those uses 475 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and 476 structures in the respective agricultural districts shall be permitted as either 477 principal uses indicated by a "P" or as conditional uses indicated by a "C". Uses 478 and structures indicated by an "X" shall be prohibited in the respective districts. 479 No uses or structures other than as specified shall be permitted. 480 12 565 Use R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R2.5 566 567 . . . . 568 569 Small wireless facilities meeting 570 the requirements of Section 207, 571 except on property containing 572 a single-family dwelling 573 or duplex PPXX X X X X X X 574 575 576 Small wireless facilities other 577 than those meeting the require- 578 ments of Section 207, except on 579 property containing a single 580 -family dwelling or duplex CCC X X X XX X X 581 582 583 . . . . 584 585 COMMENT 586 587 The amendments: 588 589 (1) Add temporary communication towers meeting the requirements of Section 207 590 as a principal use in Residential Districts and those not meeting such requirements as a 591 conditional use; 592 593 (3) Add small wireless facilities meeting the requirements of Section 207 as a 594 permitted use in the District, except on property containing a single-family dwelling or 595 duplex; and 596 597 (4) Add small wireless facilities other than those meeting such requirements as a 598 conditional use, except on property containing a single-family dwelling or duplex. 599 600 . . . . 601 602 603 ARTICLE 6. APARTMENT DISTRICTS 604 605 . . . . 606 607 Sec. 601. Use regulations. 608 15 609 (a) Principal and conditional uses. The following chart lists those uses 610 permitted within the A-12 through A-36 Apartment Districts. Those uses and 611 structures in the respective apartment districts shall be permitted as either 612 principal uses indicated by a "P" or as conditional uses indicated by a "C". Uses 613 and structures indicated by an "X" shall be prohibited in the respective districts. 614 No uses or structures other than as specified shall be permitted. 615 616 Use A-12 A-18 A-24 A-36 617 . . . . 618 Building-mounted antennas, subject 619 to meeting the requirements of 620 Section 207 P P P P 621 Building-mounted antennas other than 622 those meeting the requirements of 623 Section 207 C C C C 624 625 . . . . 626 627 Communication towers meeting the 628 requirements of Section 232(j) and 629 and temporary communications towers 630 meeting the requirements of Section 207 P P P P 631 632 Communication towers, except as 633 specified above other than those 634 meeting the requirements of Section 635 232(i) and temporary communication 636 towers other than those meeting the 637 requirements of Section 207 C C C C 638 639 . . . . 640 641 Small wireless facilities meeting the 642 requirements of Section 207 P P P P 643 644 Small wireless facilities other 645 than those meeting the require- 646 ments of Section 207 C C C C 16 647 648 649 650 651 COMMENT 652 653 The amendments: 654 655 (1) Allow building-mounted antennas other than those meeting the requirements of 656 Section 207 as a conditional use in Apartment Districts; 657 658 (2) Add temporary communication towers meeting the requirements of Section 207 659 as a principal use in Apartment Districts and those not meeting such requirements as a 660 conditional use; 661 662 (3) Add small wireless facilities meeting the requirements of Section 207 as a 663 permitted use; and 664 665 (4) Add small wireless facilities other than those meeting such requirements as a 666 conditional use. 667 668 . . . . 669 670 ARTICLE 7. HOTEL DISTRICTS 671 672 . . . . 673 674 Sec. 701. Use regulations. 675 676 (a) Principal and conditional uses. The following chart lists those uses 677 permitted within the H-1 Hotel District. Those uses and structures in the district 678 shall be permitted as either principal uses indicated by a "P" or as conditional 679 uses indicated by a "C". Uses and structures indicated by an "X" shall be 680 prohibited in the respective districts. No uses or structures other than as specified 681 shall be permitted. 682 683 Use H-1 684 685 Building-mounted antennas, subject to meeting 686 the requirements of Section 207 P 687 688 Building-mounted antennas other than those 689 meeting the requirements of Section 207 C 17 690 691 Communication towers 692 meeting the requirements 693 of Section 232(j) and temporary 694 communication towers meeting 695 the requirements of Section 207 P 696 697 698 Communication towers, except as specified above 699 other than those meeting the requirements 700 of Section 232(i) and temporary communication 701 towers other than those meeting the requirements 702 of Section 207 P 703 704 . . . . 705 706 Small wireless facilities meeting the requirements 707 of Section 207 P 708 709 Small wireless facilities other than those meeting 710 the requirements of Section 207 C 711 712 713 COMMENT 714 715 The amendments: 716 717 (1) Allow building-mounted antennas other than those meeting the requirements of 718 Section 207 as a conditional use in the H-1 Hotel District; 719 720 (2) Add temporary communication towers meeting the requirements of Section 207 721 as a principal use and those not meeting such requirements as a conditional use; 722 723 (3) Add small wireless facilities meeting the requirements of Section 207 as a 724 permitted use; and 725 726 (4) Add small wireless facilities other than those meeting such requirements as a 727 conditional use. 728 729 . . . . 730 731 ARTICLE 8. OFFICE DISTRICTS 732 733 18 734 735 Sec. 801. Use regulations. 736 737 (a) Principal and conditional uses. The following chart lists those uses 738 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in 739 the respective office districts shall be permitted as either principal uses indicated 740 by a "P" or as conditional uses indicated by a "C". Uses and structures indicated 741 by an "X" shall be prohibited in the respective districts. No uses or structures 742 other than as specified shall be permitted. 743 744 Use 0-1 0-2 745 746 . . . . 747 748 Building-mounted antennas, subject to meeting 749 the requirements of Section 207 X P P 750 751 Building-mounted antennas other than those 752 meeting the requirements of Section 207 C C 753 754 . . . . 755 756 Communication towers 757 meeting the requirements of Section 232(j) 758 and temporary communication towers meeting 759 the requirements of Section 207 P P 760 761 Communication towers, except as spccificd above 762 other than those meeting the requirements 763 of Section 232(i) and temporary communication 764 towers other than those meeting the requirements 765 of Section 207 C C 766 767 . . . . 768 769 Small wireless facilities meeting the requirements 770 of Section 207 P P 771 772 Small wireless facilities other than those meeting 19 773 the requirements of Section 207 C C 774 775 . . . . 776 777 COMMENT 778 779 The amendments: 780 781 (1) Allow building-mounted antennas other than those meeting the requirements 782 of Section 207 as a conditional use in the 0-1 and 0-2 Office Districts; 783 784 (2) Add temporary communication towers meeting the requirements of Section 785 232(j) as a principal use and those not meeting such requirements as a conditional use; 786 787 (3) Add temporary communication towers meeting the requirements of Section 788 207 as a principal use and those not meeting such requirements as a conditional use; 789 790 (4) Add small wireless facilities meeting the requirements of Section 207 as a 791 permitted use; and 792 793 (5) Add small wireless facilities other than those meeting such requirements as a 794 conditional use. 795 796 . . . . 797 798 ARTICLE 8. BUSINESS DISTRICTS 799 800 . . . . 801 802 Sec. 901. Use regulations. 803 804 (a) Principal and conditional uses. The following chart lists those uses 805 permitted within the B-1 through B-4K Business Districts. Those uses and 806 structures in the respective business districts shall be permitted as either principal 807 uses indicated by a "P" or as conditional uses indicated by a "C." Uses and 808 structures indicated by an "X" shall be prohibited in the respective districts. No 809 uses or structures other than as specified shall be permitted. 810 Use 8-1 18-1A 8-2 8-3 8-4 8-4C 8-4K Building-mounted antennas meeting the X X PP P P X requirements of Section 207 20 Building-mounted antennas other than those CCCCCCC meeting the requirements of Section 207 Communication towers meeting the requirements of Section 232(j)and temporary communication P P PP P P P towers meeting the requirements of Section 207 Communication towers other than those meeting the requirements of Section 232(i)and temporary communication towers; - - - - - - --- X C C C C C X other than those meeting the requirements of Section 207 Small wireless facilities meeting the requirements P PPPPPP of Section 207 Small wireless facilities other than those meeting CCCCCCC the requirements of Section 207 811 812 COMMENT 813 The amendments: 814 815 (1) Allow building-mounted antennas other than those meeting the requirements of 816 Section 207 as a conditional use in all Business Districts; 817 818 (2) Add temporary communication towers meeting the requirements of Section 207 819 as a principal use in all Business Districts and those not meeting such requirements as a 820 conditional use in the B-1A,B-2,B-3,B-4 and B-4C Districts; 821 822 (3) Add small wireless facilities meeting the requirements of Section 207 as a 823 permitted use in all Business Districts; and 824 825 (4) Add small wireless facilities other than those meeting such requirements as a 826 conditional use in all Business Districts. 827 828 . . . . 829 830 ARTICLE 10. INDUSTRIAL DISTRICTS. 831 . . . . 832 833 Sec. 1001. Use regulations. 834 835 (a) Principal and conditional uses. The following chart lists those uses 836 permitted within the I-1 and 1-2 Industrial Districts. Those uses and structures in 21 837 the respective industrial districts shall be permitted as either principal uses 838 indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 839 indicated by an "X" shall be prohibited in the respective districts. No uses or 840 structures other than as specified shall be permitted. 841 842 Use /-1 1-2 843 . . . . 844 845 Building-mounted antennas meeting the 846 requirements of Section 207 P P 847 848 849 Use /-1 1-2 850 851 852 Building-mounted antennas other than those 853 meeting the requirements of Section 207 C C 854 . . . . 855 856 Communication towers meeting the requirements 857 of Section 232(j) and temporary communication 858 towers meeting the requirements of Section 207 P P 859 860 Communication towers, except as spccificd above 861 other than those meeting the requirements of Section 862 232(j) and temporary communication towers other 863 than those meeting the requirements of Section 207 C C 864 . . . . 865 866 Small wireless facilities meeting the requirements 867 of Section 207 P P 868 869 Small wireless facilities other than those meeting 870 the requirements of Section 207 C C 871 872 . . . . 873 874 COMMENT 875 The amendments: 876 22 877 (1) Allow building-mounted antennas other than those meeting the requirements of 878 Section 207 as a conditional use in the I-1 and I-2 Industrial Districts; 879 880 (2) Add temporary communication towers meeting the requirements of Section 207 881 as a principal use in the I-1 and I-2Districts and those not meeting such requirements as a 882 conditional use in those Districts; 883 884 (3) Add small wireless facilities meeting the requirements of Section 207 as a 885 permitted use in the I-1 and I-2 Districts ; and 886 887 (4) Add small wireless facilities other than those meeting such requirements as a 888 conditional use in the I-1 and I-2 Districts. 889 890 . . . . 891 892 ARTICLE 15. RESORT TOURIST DISTRICTS 893 894 A. RT-1 Resort Tourist District 895 . . . . 896 Sec. 1501. Use regulations. 897 (a) The following chart lists those uses permitted within the RT-1 Resort 898 Tourist District as either principal uses, as indicated by a "P" or as conditional 899 uses, as indicated by a "C." Conditional uses shall be subject to the provisions of 900 Part C of Article 2 (section 220 et seq.). No uses or structures other than those 901 specified shall be permitted. All uses, whether principal or conditional, should to 902 the greatest extent possible adhere to the provisions of the Oceanfront Resort 903 Area Design Guidelines. 904 905 . . . . 906 907 Use RT-1 908 909 Building-mounted antennas meeting the requirements 910 of Section 207 P 911 912 Building-mounted antennas other than those meeting 913 the requirements of Section 207 914 915 . . . . 916 23 917 Small wireless facilities meeting the requirements 918 of Section 207 919 920 Small wireless facilities other than those meeting 921 the requirements of Section 207 C 922 923 . . . . 924 925 Temporary communication towers meeting 926 the requirements of Section 207 927 928 Temporary communication towers other than 929 those meeting the requirements of Section 207 C 930 931 COMMENT 932 The amendments allow temporary communication towers meeting the requirements 933 of Section 207 as a principal use in the RT-1 District and those not meeting such 934 requirements as a conditional use in the District, allow small wireless facilities meeting the 935 requirements of Section 207 as a principal use in the District, and small wireless facilities not 936 meeting the requirements of Section 207 as a conditional use in the District. 937 938 B. RT-3 Resort Tourist District 939 . . . . 940 Sec. 1521. Use regulations. 941 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist 942 District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 943 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et 944 seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within 945 the RT-3 District may include any principal or conditional uses in combination with any other 946 principal or conditional use. No uses or structures other than those specified shall be 947 permitted. All uses, whether principal or conditional, should to the greatest extent possible 948 adhere to the provisions of the Special Area Design Guidelines (Urban Areas) set forth in the 949 Reference Handbook of the Comprehensive Plan. 950 24 951 Use RT-3 952 . . . . 953 Building-mounted antennas meeting the requirements 954 of Section 207 P 955 Building-mounted antennas other then those meeting 956 the requirements of Section 207 C 957 958 . . . . 959 960 Communication towers C 961 962 . . . . 963 964 Small wireless facilities meeting the requirements 965 of Section 207 P 966 967 968 969 Small wireless facilities other than those meeting 970 the requirements of Section 207 C 971 972 Temporary communication towers meeting the 973 requirements of Section 207 P 974 975 Temporary communication towers other than those 976 meeting the requirements of Section 207 C_ 977 978 . . . . 979 980 COMMENT 981 The amendments: 982 983 (1) Allow building-mounted antennas other then those meeting the requirements 984 of Section 207 as a conditional use in the RT-3 Resort Tourist District; 985 986 (2) Allow temporary communication towers meeting the requirements of Section 987 207 as a principal use in the RT-3 Resort Tourist District and those not meeting such 988 requirements as a conditional use in the District; 989 25 990 (3) Add small wireless facilities meeting the requirements of Section 207 as a 991 permitted use in the District; and 992 993 (4) Add small wireless facilities other than those meeting such requirements as a 994 conditional use in the District. 995 996 . . . . 997 998 D. RT-4 RESORT TOURIST DISTRICT 999 1000 . . . . 1001 1002 Sec. 1531. Use regulations. 1003 1004 (a) Principal uses and structures. 1005 1006 (0.5) Antennas, building mounted. Building-mounted antennas meeting the 1007 requirements of Section 207. 1008 1009 . . . . 1010 1011 (4) Small wireless facilities meeting the requirements of Section 207. 1012 1013 . . . . 1014 1015 (c) Conditional uses and structures: Uses and structures hereinafter specified, 1016 subject to compliance with the provisions of part C of article 2 hereof: 1017 1018 . . . . 1019 1020 (7) Small wireless facilities other than those meeting the requirements of 1021 Section 207. 1022 1023 1024 COMMENT 1025 1026 The amendments allow small wireless facilities meeting the requirements of Section 1027 207 as a principal use in the RT-4 Resort Tourist District and small wireless facilities not 1028 meeting the requirements of Section 207 as a conditional use in the District. 1029 . . . . 1030 1031 26 1032 ARTICLE 22. CENTRAL BUSINESS DISTRICT. 1033 1034 . . . . 1035 1036 B. DEVELOPMENT REGULATIONS 1037 1038 Sec. 2203. Use regulations. 1039 1040 (a) The following chart lists those uses permitted within the Central Business 1041 Core District. Uses and structures shall be allowed either as principal uses, indicated by a "P", 1042 or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" shall be 1043 prohibited, unless allowed by special exception for Alternative Compliance pursuant to 1044 Section 2205. No uses or structures other than as specified herein or as allowed pursuant to 1045 subsection (b) shall be permitted. 1046 1047 Use CBC 1048 1049 Building-mounted antennas meeting the requirements 1050 of Section 207 P 1051 1052 Building-mounted antennas other then those meeting the 1053 requirements of Section 207 C 1054 1055 . . . . 1056 1057 Communication towers meeting the requirements of 1058 Section 232(j) and temporary communication towers 1059 meeting the requirements of Section 207 P 1060 1061 Communication towers, except as specified above 1062 not meeting the requirements of Section 232(j) and 1063 temporary communication towers not meeting the 1064 requirements of Section 207 C 1065 . . . . 1066 1067 Small wireless facilities meeting the requirements 1068 of Section 207 1069 1070 Small wireless facilities other than those meeting 1071 the requirements of Section 207 C 1072 27 1073 COMMENT 1074 1075 The amendments: 1076 1077 (1) Allow building-mounted antennas other then those meeting the requirements 1078 of Section 207 as a conditional use in the CBC Central Business Core District; 1079 1080 (2) Allow temporary communication towers meeting the requirements of Section 1081 207 as a principal use in the CBC Central Business Core District and those not meeting such 1 082 requirements as a conditional use in the District; 1083 1084 (3) Add small wireless facilities meeting the requirements of Section 207 as a 1085 permitted use in the District; and 1086 1087 (4) Add small wireless facilities other than those meeting such requirements as a 1088 conditional use in the District. 1089 1090 1091 Oceanfront Resort District Form-Based Code 1092 1093 (APPENDIX 1 TO CITY ZONING ORDINANCE) 1094 1095 1096 Chapter 5. Use 1097 1098 Sec. 5.1. General Provisions 1099 5.1.1 Permitted Uses 1100 1101 The permitted use table identifies uses allowed by building type. The key for the 1102 use table is set forth below. 1103 A. Permitted Use (P) 1104 1105 Indicates that the use is permitted by right. 1106 1107 B. Limited Use (L) 1108 1109 Indicates that the use, while permitted by right unless otherwise specified, must 1110 meet the applicable use standard. 1111 1112 C. Conditional Use (C) 28 1113 1114 Indicates that the use requires approval as a conditional use before it is 1115 allowed. Use standards may also apply. 1116 1117 D. "--" 1118 1119 Indicates that a use is not permitted. 1120 1121 E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or 1122 by Special Exception allowed pursuant to Sec. 7.3, shall not be permitted. 1123 1124 COMMENT 1125 1126 The section is shown for reference purposes only. 1127 1128 1129 1130 SEC. 5.2. PERMITTED USE TABLE 1131 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 OTHER 1132 1133 . . . . 1134 Building- L See mounted Sec. antenna MIXED-USE COMMERCIAL APARTMENT ROW HOUSE DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE BUILDING USE Ground Upper Ground All Ground Upper All Use Floor Floors Floor Floors Floor Floors All Floors Floors Standard OTHER - -- - - - -- -- C;see Communication tower Sec 232 Communication tower, temporary,meeting the = = L: see requirements of Section Section 207 207 29 1 Communication tower, temporary,other than = = = = -- = -- -- C; see those meeting the Section requirements of Section 207 207 1135 1136 . . . . 1137 Small L L L L L L L L See Sec. 207 wireless facility 1138 1139 . . . . 1140 1141 Sec. 5.3. Use Standards 1142 1143 . . . . 1144 5.3.16. Building-Mounted Antenna 1145 1146 Building-mounted antennas meeting the requirements of section 207 are allowed as principal 1147 uses; building-mounted antennas not meeting the requirements of section 207 are allowed as 1148 conditional uses. 1149 1150 5.3.17. Small wireless facility. 1151 1152 Small wireless facilities meeting the requirements of Section 207 are allowed as principal uses, 1153 and small wireless facilities not meeting the requirements of Section 207 are allowed as 1154 conditional uses, on the building types designated in Section 5.2 or on utility poles other than 1155 those in the public right-of-way unless allowed pursuant to franchise or license agreement. No 1156 such facility shall be allowed on a single-family dwelling or duplex. 1157 1158 . . . . 1159 1160 1161 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st 1162 day of April , 2015 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ai,, 6 0 i:tb4;:Ax. m i,A,..,,, ,_ jVj Planning i 11artment City Attorney's Office 30