HomeMy WebLinkAboutJUNE 16, 2015 MINUTES CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL 14G1N "BE4c6
MAYOR WILLIAM D.SESSOMS,JR.,At-Large ems- -••._
VICE MAYOR LOUIS R.JONES,Bayside-District 4
M.BENJAMIN DAVENPORT,At Large 0 2
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ROBERT M.DYER,Centerville-District 1 ,) '
BARBARA M.HENLEY,Princess Anne-District 7 C* c4 „*` / Y
SHANNON DS KANE,Rose Hall District 3 0 •, .^,, ?
JOHN D.MOSS,At Large �9"*sF y 0?
AMELIA ROSS-HAMMOND,Kempsville-District 2 of o o
JOHN E.UNPIN,Beach-District 6
ROSEMARY WILSON,At-Large
JAMES L. WOOD,L_vnnhaven-District 5 CITY HALL BUILDING
2401 COURTHOUSE DRIVE
CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005
CITY MANAGER-JAMES K.SPORE
CITY A7TORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303
CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669
CITYAUDITOR-LYNDON S.REMIAS 16 June 2015 E-MAIL:Ctycncl@vbgov.com
CITY CLERK-RUTH HODGES FRASER,MMC
VICE MAYOR LOUIS JONES
PRESIDING
I. CITY COUNCIL COMMENTS - Conference Room- 5:00 PM
II. CITY COUNCIL AGENDA REVIEW
III. INFORMAL SESSION - Conference Room- 5:30 PM
A. CALL TO ORDER—Vice Mayor Louis Jones
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Vice Mayor Louis Jones
B. INVOCATION: Reverend Robert J. Randall, Jr.
Rector
Old Donation Episcopal Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS June 2, 2015
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. PARKS AND RECREATION MONTH—July 2015
Michael Kalvort, Director of Parks and Recreation
I. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
a. 616 North Great Neck Road
2. Proposed Property Tax Exemptions
a. Bellissima, Inc
b. Connect with a Wish,Inc
c. Twunami Softball Corporation
d. Urban League of Hampton Roads, Inc.
J. ORDINANCES/RESOLUTION
1. Ordinances to DESIGNATE certain real property as TAX EXEMPT:
a. Bellissima, Inc.
b. Connect With a Wish, Inc.
c. Tsunami Softball Corporation
d. Urban League of Hampton Roads, Inc.
2. Ordinances to AMEND the City Code:
a. Section 2-5 and 8-91 re duties of the Historic Preservation Commission
b. Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 and DELETE Section 6-153 re
permits to construct, alter or repair landings, docks and similar structures and permits
for dredging,filling, etc., in waters, marshlands and lowlands
c. ADD Section 33-113.2 re waterway encroachments in Special Service Districts (SSD)
3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
a. A Management Agreement with Tidewater Tennis Center, Inc. re operation and
management of Owl Creek Tennis Center
b. A Lease between T-Mobile and the City re telecommunications at 616 North Great Neck
Road
DISTRICT 6—BEACH
4. Ordinance to APPOINT three (3) Viewers re proposed streets closures.
5. Resolution to RE-NAME the City-owned building at 256-258 North Witchduck Road from "The
Collier Building to "Human Services Witchduck Annex"
DISTRICT 4 - BAYSIDE
6. Ordinances re City Appointee Compensation for FY 2015-16:
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e. City Auditor
7. Ordinances to AMEND:
a. The FY 2014-15 Operating Budget re Department of Housing and Neighborhood
Preservation
1. $145,088 - TRANSFER of Community Development Block Grant CDBG funds
2. $ 25,402—REDUCE appropriations for the CDBG re decreased revenue
3. $100,000—CORRECT appropriation re "program income" to "federal revenue"
b. The Project Scope to EXPAND the "Commonwealth's Attorney Build-Out of Judicial
Center" and TRANSFER $102,291 from FY 2014/15 Commonwealth's Attorney
Federal/State Seized Assets Special Revenue Fund to complete renovations
8. Ordinances to ACCEPT,APPROPRIATE re Human Services :
a. $1,791 FY 2015 Grant Funds from the Virginia Department of Criminal Justice Services
b. $100,730 in State revenue and $18,744 local match re additional positions
K. PLANNING
1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non-Conformity at 1046
and 1050 Old Dam Neck Road and 1037 Dam Neck Road
DISTRICT 7—PRINCESS ANNE
RECOMMENDATION: APPROVAL
2. CHECKERED FLAG STORE #5 and CHECKERED FLAG MOTOR CAR COMPANY for
a Modification of Proffers of a Conditional Zoning (approved October 24, 2006) and a
Modification of Conditions of a Conditional Use Permit (approved May 23, 1988 and modified
October 24, 2006) re an addition to the existing building at 5225 Virginia Beach Boulevard
DISTRICT 2 —KEMPSVILLE
RECOMMENDATION: APPROVAL
3. RIO LYNNHAVEN, LLC and LYNNHAVEN INVESTMENTS, LLC for a Modification of
Conditions (approved November 17, 1980 and Modified July 14, 1998) re a car wash at 1108
Lynnhaven Parkway
DISTRICT 3 —ROSE HALL
RECOMMENDATION: APPROVAL
4. KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit re an open air market at
873 Little Neck Road
DISTRICT 5 —LYNNHAVEN
RECOMMENDATION: APPROVAL
5. GREYSTAR GP II, LLC and THE TERRY COMPANIES FIVE, LLC for a Conditional Use
Permit re housing for seniors and disabled persons between Shore Drive and Ocean Shore
Avenue at Cherry Tree Place
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION: APPROVAL
6. CITY OF VIRGINIA BEACH Ordinances to:
a. REFERENCE the Green Sea Blueway and Greenway Management Plan as a component
of the Comprehensive Plan
b. AMEND Section 801 of the City Zoning Ordinance(CZO) to ALLOW Veterinary
establishments as a permitted use in the Office Districts
RECOMMENDATION: APPROVAL
L. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES and WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD—CSB
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
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II
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 16, 2015
Acting Mayor Louis R. Jones, called to order City Council's Briefing, in the City Council Conference
Room, Tuesday, June 16, 2015, at 5:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr. City's meeting re perspective Economic Development
Rosemary Wilson Vacation
June 16, 2015
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CITY COUNICL COMMENTS
ITEM#64930
5:00 P.M.
Acting Mayor Jones advised the City was named 3'1 in "WalletHub" 2015's Best and Worst Cities for
Families.
June 16, 2015
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CITY COUNCIL
COMMENTS
ITEM#64931
Acting Mayor Jones congratulated Council Lady Ross-Hammond on her upcoming retirement from
Norfolk State University. Council Lady Ross-Hammond has been with Norfolk State for the past eighteen
(18)years but has been teaching for forty-five (45)years.
June 16, 2015
II
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CITY COUNCIL
COMMENTS
ITEM#64932
Councilman Moss advised that he, Council Lady Ross-Hammond and Councilman Davenport recently,
and most importantly, separately met with the African American Political Action Committee. One of the
concerns we each repeatedly heard is the need for a Disparity Study. Since the City has never had this
Study, there is no legal basis for moving beyond the voluntary educational programs offered. The
Supreme Court requires a statistical basis baseline to work from. Per that Ruling, the City can only do
the least restrictive things necessary in order to achieve the Disparity found. Once the baseline is
established, it must be measured again in 3-5 years and then, should there be Disparity, look to see if the
City can legally, in compliance with the Judicial Standard, do something more to reduce the Disparity.
Councilman Moss suggested the Minority Business Council could possibly bring something forward for
City Council's consideration.
Also,from the meetings, it appears to the group that when the City writes a RFP, there is a bias that
precludes Minority firms from qualifying. Also, the City does not have an independent review process of
the language within the RFP's. The African American Political Action Committee does not feel the
evaluation process is transparent. He expressed his appreciation to Council Lady Ross-Hammond and
City Manager Spore for providing the documentation for Staff's work. Interestingly, some people do not
show up for the "de-brief'. Lastly, they advised there is no independent review once the award is given.
He requested the City Manager take a look and come back and provide ideas for the City to have an
Independent Review.
Council Lady Ross-Hammond echoed Councilman Moss' concerns. She attended the Minority Business
Council Retreat and they have begun working on this very issue.
Councilman Davenport also felt the meetings were most productive. An architect from Wendell Green
shared his story of going thru the RFP process and mentioned the price of preparing a RFP is difficult,
especially for a small firm.
Councilman Dyer assured the City has been proactively moving forward in this direction. The
accomplishments made to-date just have not been made public. The Disparity Study will be costly but
will only verify the things we already know. The Process Improvement Steering Committee, Small
Business Task Force, is currently looking for solutions to the type of problems mentioned. He does feel
there is a major disconnect with the education and process of responding to a RFP. He advised there are
strategies to help contractors apply and properly respond to these types of requests. The Small Business
Task Force is looking at the existing barriers for start-up and/or expanding businesses and will establish
a team to come up with real solutions to break these barriers. The goal is to become the most "business
welcoming"City in the Commonwealth. We will do this by creating a pipeline for any "SWAM"business
to have opportunities for success.
June 16, 2015
II
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CITY COUNCIL
COMMENTS
ITEM#64932
(Continued)
Councilman Moss agreed a Disparity Study will most likely confirm what is already known; however, if a
Disparity Study is not done the City will still be in the same place. He feels the City needs to recognize
that without that basis the City will not be in a position to do anything legally. He feels the City has an
opportunity to make it better and shows the need to do the homework. Councilman Moss suggested
discussing this further at the upcoming Retreat.
Council Lady Ross-Hammond agrees with the comments made and advised there is a SWAM Forum on
September 30`''at TCC and she encouraged everyone to attend.
June 16, 2015
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CITY COUNCIL
COMMENTS
ITEM#64933
Councilman Moss received a copy of the letters from the Commonwealth of Virginia regarding the Audit
on Pendleton from the City Auditor. He advised the letters were forwarded to the City Manager's Office
last year. Councilman Moss wants to discuss this issue at the appropriate time during a future "Closed
Session".
June 16, 2015
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CITY COUNCIL
COMMENTS
ITEM#64934
Councilman Moss requested the City's Lobbyists provide an assessment on the regional economic impact
regarding the Appropriations Bill as it appears we will be under a five (5) month Continuing Resolution.
June 16, 2015
-8-
CITY COUNCIL
COMMENTS
ITEM#64935
Councilman Davenport advised he toured Charlotte's Light Rail and the Transit Oriented Development
last week . He expressed his appreciation to Charlotte's Mayor Clodfelter and Council Lady Lyles for
their hospitality. The Transit Oriented Development that has occurred around their Light Rail Line is
nothing short of unbelievable.
June 16, 2015
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AGENDA REVIEW SESSION
5:18 P.M.
ITEM#64936
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTION
1. Ordinances to DESIGNATE certain real property as TAX EXEMPT:
a. Bellissima, Inc.
b. Connect With a Wish, Inc.
c. Tsunami Softball Corporation
d. Urban League of Hampton Roads, Inc.
2. Ordinances to AMEND the City Code:
a. Section 2-5 and 8-91 re duties of the Historic Preservation Commission
b. Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 and DELETE Section 6-153 re
permits to construct, alter or repair landings, docks and similar structures and
permits for dredging,filling, etc., in waters, marshlands and lowlands
c. ADD Section 33-113.2 re waterway encroachments in Special Service Districts
3. Ordinances to AUTHORIZE and DIRECT the City Manager to EXECUTE:
a. A Management Agreement with Tidewater Tennis Center, Inc. re operation and
management of Owl Creek Tennis Center
b. A Lease between T-Mobile and the City re telecommunications facilities at 616 North
Great Neck Road
4. Ordinance to APPOINT three (3) Viewers re view streets or alleys proposed for closure
5. Resolution to RE-NAME the City-owned building at 256-258 North Witchduck Road
from "The Collier Building to `Human Services Witchduck Annex"
6. Ordinances re City Appointee Compensation for FY 2015-16:
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e. City Auditor
7. Ordinances to AMEND:
a. The FY 2014-15 Operating Budget re Department of Housing and Neighborhood
Preservation:
1. $145,088- TRANSFER of Community Development Block Grant(CDBG)funds
2. $ 25,402—REDUCE appropriations for the CDBG re decreased revenue
3. $100,000—CORRECT appropriation re `program income"to `federal
revenue"
b. The Project Scope to EXPAND the "Commonwealth's Attorney Build-Out of
Judicial Center"and TRANSFER $102,291 from FY 2014/15 Commonwealth's
Attorney Federal/State Seized Assets Special Revenue Fund to complete renovations
8. Ordinances to ACCEPT,APPROPRIATE re Human Services:
a. $1,791 FY 2015 Grant funds from the Virginia Department of Criminal Justice
Services
b. $100,730 in State revenue and$18,744 local match re additional positions
COUNCILMAN MOSS WILL VOTE A VERBAL NAY ON ITEMS 6a/b/c/d/e
June 16, 2015
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AGENDA REVIEW SESSION
ITEM#64936
(Continued)
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
K. PLANNING
1. MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non-Conformity at
1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7—PRINCESS
ANNE
2. CHECKERED FLAG STORE #5 and CHECKERED FLAG MOTOR CAR COMPANY
for a Modification of Proffers of a Conditional Zoning (approved October 24, 2006) and a
Modification of Conditions of a Conditional Use Permit (approved May 23, 1988 and
modified October 24, 2006)re an addition to the existing building at 5225 Virginia Beach
Boulevard DISTRICT 2—KEMPSVILLE
3. RIO LYNNHAVEN, LLC and LYNNHAVEN INVESTMENTS, LLC for a Modification
of Conditions (approved November 17, 1980 and Modified July 14, 1998) re a car wash at
1108 Lynnhaven Parkway DISTRICT 3—ROSE HALL
4. KINGS GRANT BAPTIST CHURCH for a Conditional Use Permit re an open air market
at 873 Little Neck Road DISTRICT 5—LYNNHAVEN
5. GREYSTAR GP II, LLC and THE TERRY COMPANIES FIVE, LLC for a Conditional
Use Permit re housing for seniors and disabled persons between Shore Drive and Ocean
Shore Avenue at Cherry Tree Place DISTRICT 5-LYNNHAVEN
6. CITY OF VIRGINIA BEACH Ordinances to:
a. REFERENCE the Green Sea Blueway and Greenway Management Plan as a
component of the Comprehensive Plan
b. AMEND Section 801 of the City Zoning Ordinance (CZO) to ALLOW Veterinary
establishments as a permitted use in the Office Districts
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1
June 16, 2015
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ITEM#64937
Acting Mayor Jones entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
Appointees Evaluations and Salaries:
City Manager, City Attorney, City Clerk,
City Real Estate Assessor and City Auditor
June 16, 2015
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ITEM#64937
(Continued)
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 5:23 P.M.
Voting.• 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley,
Shannon DS Kane, Vice Mayor Louis R. Jones, John D. Moss, Amelia
N. Ross-Hammond, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
(Closed Session 5:23 P.M. - 5:45P.M.)
June 16, 2015
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 16, 2015
6:00 P.M.
Acting Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Chamber, City Hall, on Tuesday, June 16, 2015, at 6:00 P.M
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr. City's meeting re perspective Economic Development
Rosemary Wilson Vacation
INVOCATION: Reverend Robert J. Randall, Jr.
Rector—Old Donation Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank.
Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
June 16, 2015
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Item—IV-E
CERTIFICATION
ITEM#64938
Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
I
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S
S OF ONR N0'
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#64937 Page 12, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges Fraser,MMC
City Clerk June 16,2015
-15-
Item-IV-F
MINUTES ITEM#64939
Upon motion by Councilman Moss, seconded by Council Lady Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of June 2, 2015.
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
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ADOPT AGENDA
FOR FORMAL SESSION ITEM#64940
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 16, 2015
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Item IV—H1
MAYOR'S PRESENTATION ITEM#64941
PARKS and RECREATION MONTH—July 2015
Acting Mayor Jones introduced Michael Kalvort, Director — Parks and Recreation, and presented a
Proclamation declaring July 2015 "Parks and Recreation Month". Acting Mayor Jones encouraged all
citizens, city members and civic organizations to join him in supporting the City's Parks and Recreation
programs by visiting a community recreation center,park or other natural area.
Mr. Kalvort expressed his appreciation to City Council for their continued support of Parks and
Recreation.
June 16, 2015
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Whereas: Parks and recreation programs are an integral part of the City of'Virginia Beach with 265 parks and park
facilities,seven community recreation centers,7,050 acres of parkland and open space;and
'Whereas: Eighty-three percent of the community resides within a half-mile commute to a park;and
Whereas: Parks and recreation programs are vitally important to establishing and maintaining the quality of Cafe in our
community, ensuring the health of all citizens, programming active and passive activities for citizens, and
contributing to the economic ant environmentalwe(l-being of our community;and
Whereas: Parks and recreation is an integral part of Envision'Virginia Beach 2040 and contributes to the achievement of
the goals in the Sustainability Plan;and
Whereas: Parks and recreation programs provide therapeutic recreation and inclusion services for individuals with cognitive
or physical needs;and
Whereas: The Parks and 12ecreation Department is the largest youth development provider in the city serving over 8,800
children annual-5;and
'Whereas: Parks and recreation programs increase a community's economic prosperity through increased property values,
increased tourism,the attraction and retention of businesses,and crime reduction;and
Whereas: Parks and natural areas improve water quality,improve the quality of the air we breathe,and produce habitat for
wihffife;and
Whereas: Parks and-Recreation supports the'Urban'Forest Management Plan;and
Whereas: Parks and natural areas and open space ensure the ecological beauty of our community and provide a place for
children and adults to connect with nature and recreate outdoors;and
Whereas: The Trust forPublic Land recently ranked'Virginia Beach as the 10th best parksystem nationally;and
Whereas: 'The Parks and Recreation Department is a CAMAccredited agency.
Now,Therefore,I,William D.Sessoms,jr,Mayor of the City of Virginia Beach,do hereby Proclaim:
July 2015
Parks and-Recreation Month
In 'Virginia(Beach, and I encourage aff citizens, city members and civic organizations to join me in supporting our Parks and
'Recreation programs by visiting a community recreation center,parkor other natural area.
In'Witness Whereof I have hereunto set my hand and caused the Officia(Seal of the City of'Virginia Beach,'Virginia,to 6e affixed
this Sixteenth day ofJune,Two Thousand'F f een.
.a
PA-t I Je-m-ey, r
„.„,,,,_,_:,.,„„,,,,,_,,,,,,,_.„,,;,,„„:„_
--. 'William ID Sessoms,Jr.
Mayor
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Item IV—H.la.
PUBLIC HEARING ITEM#64942
Acting Mayor Jones DECLARED A PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY
a. 616 North Great Neck Road
There being no speakers, Acting Mayor Jones CLOSED THE PUBLIC HEARING.
June 16, 2015
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Item IV—H.2a.b.c.d
PUBLIC HEARING ITEM#64943
Acting Mayor Jones DECLARED A PUBLIC HEARING:
PROPOSED PROPERTY TAX EXEMPTIONS
a. Bellissima, Inc
b. Connect with a Wish, Inc
c. Tsunami Softball Corporation
d. Urban League of Hampton Roads, Inc.
There being no speakers, Acting Mayor Jones CLOSED THE PUBLIC HEARING.
June 16, 2015
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Item -IV-J
ORDINANCES/RESOLUTION
ITEM#64944
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Agenda Items la/b/c/d, 2a/b/c, 3a/b, 4, 5, 6a/b/c/d/e (MOSS VERBAL NAY), 7t (1/2/3)/b
and 8a/b.
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
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Item -IV-J.1 a
ORDINANCES/RESOLUTION
ITEM#64945
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DESIGNATE certain real property as TAX EXEMPT:
a. Bellissima, Inc.
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,John E. Uhrin and James L. Wood
Council Members Absent.•
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO DESIGNATE BELLISSIMA, INC. AS
2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION
3
4 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the
5 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an
6 exemption from local real and personal property taxes to Bellissima, Inc.;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Bellissima,
12 Inc. as a charitable organization within the context of§6(a)(6) of Article X of the Constitution of
13 Virginia and §58.1-3651 of the Code of Virginia.
14
15 2. That real and personal property owned by Bellissima, Inc. located within the City of
16 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby
17 exempt from local property taxation.
18
19 3. This exemption is contingent on the following:
20
21 (a) continued use of the property by Bellissima, Inc. for exclusively charitable
22 purposes;
23
24 (b) that each July 1, Bellissima, Inc. shall file with the Commissioner of the Revenue
25 a copy of its most recent federal income tax return, or if no such return is
26 required, it shall certify its continuing tax exempt status to the Commissioner of
27 the Revenue;
28
29 (c) that every three years, beginning on January 1, 2019, Bellissima, Inc. shall file an
30 exemption application with the Commissioner of the Revenue as a requirement
31 for retention of the exempt status of the property; and
32
33 (d) that Bellissima, Inc. cooperate fully with the Commissioner of the Revenue with
34 respect to audit of its financial records, compliance with the terms of this
35 ordinance.
36
37 4. That the effective date of this exemption shall be January 1, 2016.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June , 2015.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPRO ED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFtCMFNCY:
a' 14 /
Co missioner ."th_ Revenue City At • prey s Office
CA13335/ R-1 /April 3, 2015
-22-
Item-IV-J.lb
ORDINANCES/RESOLUTION
ITEM#64946
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DESIGNATE certain real property as TAX EXEMPT:
b. Connect With a Wish, Inc.
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
II
1 AN ORDINANCE TO DESIGNATE CONNECT WITH A
2 WISH, INC. AS BEING EXEMPT FROM REAL AND
3 PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the
6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an
7 exemption from local real and personal property taxes to Connect With a Wish, Inc.;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Connect
13 With a Wish, Inc. as a charitable organization within the context of§ 6(a)(6) of Article X of the
14 Constitution of Virginia and §58.1-3651 of the Code of Virginia.
15
16 2. That real and personal property owned by Connect With a Wish, Inc. located within
17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is
18 hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Connect With a Wish, Inc. for exclusively
23 charitable purposes;
24
25 (b) that each July 1, Connect With a Wish, Inc. shall file with the Commissioner of
26 the Revenue a copy of its most recent federal income tax return, or if no such
27 return is required, it shall certify its continuing tax exempt status to the
28 Commissioner of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2019, Connect With a Wish, Inc.
31 shall file an exemption application with the Commissioner of the Revenue as a
32 requirement for retention of the exempt status of the property; and
33
34 (d) that Connect With a Wish, Inc. cooperate fully with the Commissioner of the
35 Revenue with respect to audit of its financial records, compliance with the terms
36 of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2016.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June , 2015.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT: APPR.QVED AS TO LEGAL
SU1=FICIE \CY:
1 L. '4,66t /
Commissioner • the Revenue y_A .rney's Office
CA13284/R-1/February 19, 2015
-23-
Item -IV-J.l c
ORDINANCES/RESOLUTION
ITEM#64947
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DESIGNATE certain real property as TAX EXEMPT:
c. Tsunami Softball Corporation
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO DESIGNATE TSUNAMI SOFTBALL
2 CORPORATION AS BEING EXEMPT FROM REAL AND
3 PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the
6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an
7 exemption from local real and personal property taxes to Tsunami Softball Corporation;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Tsunami
13 Softball Corporation as a charitable organization within the context of§6(a)(6)of Article X of the
14 Constitution of Virginia and §58.1-3651 of the Code of Virginia.
15
16 2. That real and personal property owned by Tsunami Softball Corporation located
17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit
18 basis is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Tsunami Softball Corporation for exclusively
23 charitable purposes;
24
25 (b) that each July 1, Tsunami Softball Corporation shall file with the Commissioner of
26 the Revenue a copy of its most recent federal income tax return, or if no such
27 return is required, it shall certify its continuing tax exempt status to the
28 Commissioner of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2019, Tsunami Softball
31 Corporation shall file an exemption application with the Commissioner of the
32 Revenue as a requirement for retention of the exempt status of the property; and
33
34 (d) that Tsunami Softball Corporation cooperate fully with the Commissioner of the
35 Revenue with respect to audit of its financial records, compliance with the terms
36 of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2016.
16th
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of June , 2015.
Requires an affirmative vote of three-fourths of the members of the City Council.
APP' 1 • D AS TO CONTENT: :A15PROV AS TO LEGAL SUFFICIENCY:
* ' i
41
Co missionel•f Elie Revenue City A % ►-. - Office
CA13336/ R-1 / ' •ril 3, 2015
-24-
Item -IV-11d
ORDINANCES/RESOLUTION
ITEM#64948
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to DESIGNATE certain real property as TAX EXEMPT:
d. Urban League of Hampton Roads, Inc.
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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO DESIGNATE URBAN LEAGUE OF
2 HAMPTON ROADS, INC. AS BEING EXEMPT FROM REAL
3 AND PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the
6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an
7 exemption from local real and personal property taxes to Urban League of Hampton Roads, Inc.;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Urban
13 League of Hampton Roads, Inc. as a charitable organization within the context of§ 6(a)(6) of
14 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia.
15
16 2. That real and personal property owned by Urban League of Hampton Roads, Inc.
17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a
18 nonprofit basis is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) continued use of the property by Urban League of Hampton Roads, Inc. for
23 exclusively charitable purposes;
24
25 (b) that each July 1, Urban League of Hampton Roads, Inc. shall file with the
26 Commissioner of the Revenue a copy of its most recent federal income tax
27 return, or if no such return is required, it shall certify its continuing tax exempt
28 status to the Commissioner of the Revenue;
29
30 (c) that every three years, beginning on January 1, 2019, Urban League of Hampton
31 Roads, Inc. shall file an exemption application with the Commissioner of the
32 Revenue as a requirement for retention of the exempt status of the property; and
33
34 (d) that Urban League of Hampton Roads, Inc. cooperate fully with the
35 Commissioner of the Revenue with respect to audit of its financial records,
36 compliance with the terms of this ordinance.
37
38 4. That the effective date of this exemption shall be January 1, 2016.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June , 2015.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Al4
.
40111—
Commissione nr he Revenue City A .f ey's Office
CA13285/R-1/February 19, 2015
-25-
Item-IV-J.2a
ORDINANCES/RESOLUTION
ITEM#64949
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED,BY
CONSENT, Ordinance to AMEND the City Code:
a. Section 2-5 and 8-91 re duties of the Historic Preservation
Commission
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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO AMEND SECTIONS 2-5
2 AND 8-91 OF THE CITY CODE PERTAINING
3 TO THE DUTIES OF THE HISTORIC
4 PRESERVATION COMMISSION
5
6 Sections Amended: City Code §§ 2-5 and 8-91
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Sections 2-5 and 8-91 of the City Code are hereby amended and
12 reordained to read as follows:
13
14 Chapter 2 ADMINISTRATION
15
16 ARTICLE I. IN GENERAL
17
18 . . . .
19
20 Sec. 2-5. Historic preservation commission.
21
22 (a) There is hereby created the Virginia Beach Historic Preservation
23 Commission for the purpose of advising city council and the departments of museums
24 and historic resources and planning on all issues related to the preservation of historic
25 buildings, structures, and sites located in the City of Virginia Beach. Such advice shall
26 include, but not be limited to: (1) the terms pursuant to which historic properties are
27 acquired, leased, utilized or sold by the city, arid (2) the need for, and criteria for
28 designation of, historic and cultural overlay districts in certain areas of the city and (3) to
29 approve or deny applications for inclusion on the Virginia Beach Historical Register. The
30 mission of the commission shall be to preserve, protect and maintain the historic identity
31 of Virginia Beach and the former Princess Anne County through a program of advocacy
32 and increased public awareness and involvement.
33
34 . . . .
35
36 COMMENT
37
38 This amendment adds the responsibility to approve or deny applications for the Virginia
39 Beach Historical Register to the historic preservation commission.
40
41 Chapter 8 BUILDINGS AND BUILDING REGULATIONS
42
43 . . . .
44
45 ARTICLE IV. VIRGINIA BEACH HISTORICAL REGISTER
46
47 Sec. 8-91. Establishment; standards and procedures for inclusion.
48
49 (a) There is hereby established the Virginia Beach Historical Register (the
50 "register") of buildings, other structures and sites located within the city. The register
51 shall be maintained by the department of museums and cultural arts planning.
52
53 (b) Inclusion on the register shall be voluntary and shall impose no mandatory
54 requirements upon the property or the owners thereof. The removal of a property from
55 the register shall be granted upon request of the owner of such property.
56
57 (c) Applications for inclusion on the register shall be made to the director of
58 - - - - -- - - - - planning or his designee, who shall review the information
59 provided in such applications and shall report thereon to the historical review board
60 historic preservation commission; provided, however, that buildings, other structures
61 and sites listed on the National Register of Historic Places or on the Virginia Landmarks
62 Register shall be included on the register upon request of the owner without referral to
63 the historic preservation commission.
64
65 (d) The historical review board historic preservation commission shall approve
66 or deny applications within one hundred twenty (120) days from the date of submittal,
67 and shall base its decision upon the following standards:
68
69 (1) The property's association with significant events in the history and
70 development of the city;
71
72 (2) The property's association with persons who have made important
73 contributions to the history of the city;
74
75 (3) The extent to which the property embodies principal or distinctive features
76 of an architectural style that represents a specific period in the history of
77 the city;
78
79 (4) Whether the property has yielded or is likely to yield artifacts and other
80 materials important to understanding the city's historical background and
81 context; and
82
83 (5) The age of the property, which shall, absent exceptional historic value, be
84 no less than fifty (50) years.
85
86 (e) The director shall review each property on the register every ten (10)
87 years and shall determine whether such property continues to meet the standards for
88 inclusion on the register. In the event a property no longer, in the opinion of the director,
89 meets such standards, the director shall refer the property to the historical review board
90 historic preservation commission, which shall review the recommendation of the director
91 and shall either continue or remove the property from the register.
92
93
2
94 COMMENT
95
96 This amendment moves the responsibility for the Virginia Beach Historical Register from
97 the department of museums and historic resources to planning and from the historical review
98 board to the historic preservation commission.
99
16th
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of June , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning epartment di/Le( #teej.
City ttorney's Office
APPROVED AS TO CONTENT:
46. ( 1 _�S
Museeums and Historic Resources
Department
CA 13354
R-2
May 7, 2015
3
-26-
Item -IV-J.2b
ORDINANCES/RESOLUTION
ITEM#64950
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
b. Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 and DELETE Section
6-153 re permits to construct, alter or repair landings, docks and similar
structures and permits for dredging,filling, etc., in waters, marshlands and
lowlands
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO AMEND SECTIONS 6-136,
2 6-138, 6-139, 6-151, 6-152 AND 6-154 OF THE
3 CITY CODE AND REPEAL SECTION 6-153
4 PERTAINING TO PERMITS TO CONSTRUCT,
5 ALTER OR REPAIR LANDINGS, DOCKS AND
6 SIMILAR STRUCTURES AND PERMITS FOR
7 DREDGING, FILLING, ETC., IN WATERS,
8 MARSHLANDS AND LOWLANDS
9
10 SECTIONS AMENDED: City Code §§ 6-136, 6-138, 6-139, 6-
11 151, 6-152 and 6-154
12 SECTION REPEALED: City Code § 6-153
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17 That Sections 6-136, 6-138, 6-139, 6-151, 6-152 and 6-154 of the City Code are
18 hereby amended and reordained to read as follows and Section 6-153 is hereby
19 repealed:
20
21 ARTICLE VI. PERMIT TO CONSTRUCT, ALTER OR REPAIR LANDINGS, DOCKS
22 AND SIMILAR STRUCTURES
23
24 Sec. 6-136. Required.
25
26 It shall be unlawful for any person to build, erect, construct, alter, extend or repair
27 any landing, wharf, dock, pier, bulkhead, jetty or like structure in the waters, adjacent
28 marshlands and lowlands in the city, without a permit therefor. Any
29 person failing or refusing to obtain such permit shall be guilty of a Class 1
30 misdemeanor.
31
32 COMMENT
33
34 The revisions in this section of the ordinance are housekeeping and provide a better
35 understanding of the provisions of the ordinance.
36
37 . . . .
38
39
40
41
II
42 Sec. 6-138. Fee.
43
44 The application processing fee for a permit required by this article shall be one
45 hundred dollars ($100.00). The fee for a building permit required by this article shall be
46 based on the cost of the construction as provided in section 8-31 (a) of the City Code.
47
48 COMMENT
49
50 The revisions in this section of the ordinance are provide a clearer understanding of the
51 separate fees required.
52
53 Sec. 6-139. Issuance.
54
55 The planning director or his designee shall review an application filed under this
56 article and if, in his opinion, the proposed structure does not encroach upon the rights of
57 others, the water or watercourses are not obstructed and the structure in question
58 conforms to the area and is built in accordance with accepted practices, he shall
59 approve the issuance, by the department of planning , of the permit applied
60 for.
61
62 . . . .
63
64 COMMENT
65
66 The revisions in this section of the ordinance are housekeeping and the department of
67 planning is now the permit issuing authority, rather than the department of public works.
68
69
70 ARTICLE VII. PERMIT FOR DREDGING, FILLING, ETC., IN WATERS,
71 MARSHLANDS AND LOWLANDS.
72
73 Sec. 6-151. Required.
74
75 It shall be unlawful for any person to dredge or carry on any landfill operation or
76 to extend any existing real estate into waters, marshlands or lowlands in the city,
77 without g a permit therefor. Any person failing or refusing to obtain such a
78 permit shall be guilty of a Class 1 misdemeanor.
79
80 COMMENT
81
82 The revisions in this section of the ordinance are housekeeping and provide a better
83 understanding of the provisions of the ordinance.
2
84
85 Sec. 6-152. Application.
86
87 Any person desiring a permit required by this article shall file an application
88 therefor with the department of planning. Plans accompanying such applications shall
89 be prepared, stamped and endorsed by such qualified professional licensed to practice
90 in the Commonwealth of Virginia as the planning director may require; provided,
91 however, that this requirement may be waived if, in the judgment of the planning
92 director, the nature of the work to be performed renders it unnecessary.
93
94 COMMENT
95
96 The revisions in this section of the ordinance are housekeeping and provide a better
97 understanding of the provisions of the ordinance.
98
99 . . . .
100
101 Sec. 6-153. . Reserved.
102
103 ' - -- -' -- - - - - - - - - -- - .- - - - -- - --
104 A bond or given other surety, approved by the director, ensuring strict compliance with
105 -- - .. _ .- _- .. . - - - - - - - -e -- - - - :. _. . .. - - - - - - -
106 part thereof.
107
108 COMMENT
109
110 This section has been deleted. Bonds for such small projects are burdensome and
111 ineffective.
112
113 Sec. 6-154. Issuance; conditions of permit; revocation.
114
115 (a) Upon the approval; by the director of planning; or his designee of an
116 application for a permit under this article the permit shall be issued by the department of
117 planningpublic-weeks,
118
119 (b) In issuing or renewing a permit pursuant to this article, the planning
120 director or his designee may require, as a condition of the permit, any or
121 all of the following in the interest of the public health, safety and welfare:
122
123 (1) That hours of operation be restricted;
124
3
125 (2) That existing trees and other vegetation located along public street
126 frontage or between the site of the operation and adjacent
127 residential areas be preserved and protected; and
128
129 (3) That specific measures be taken to prevent excessive noise,
130 illumination, dust or odor from affecting other properties or the
131 occupants thereof.
132
133 The applicant shall have the right to appeal the denial of any permit or the
134 imposition of any permit condition to the city council within thirty (30) days of the action.
135
136 (c) In the event the director of planning or his designee finds that a proposed
137 dredging or landfill operation may adversely affect the health, safety or welfare of the
138 general public or of occupants of adjacent properties, he may refer the application to the
139 city council, which shall have the authority to impose any or all of the conditions of the
140 permit as are set forth in this section.
141
142 (d) The violation of any of the provisions of this article, or the failure to
143 maintain strict compliance with any of the conditions of a permit issued pursuant to the
144 provisions of this article, shall be grounds for revocation of such permit by the director of
145 planning director. Any person continuing any activities requiring a permit
146 under this article after the revocation of such permit shall be guilty of a Class 1
147 misdemeanor.
148
149 COMMENT
150
151 Lines 133-134 clarify that both a denial and the imposition of conditions is appealable to
152 City Council and clarifies that such appeal must be made within 30 days.
153
154 The department of planning is now the permit issuing authority, rather than the
155 department of public works.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June , 2015.
4
APPROVED S TO , 0 TENT: APPROVED AS TO LEGAL SUFFICIENCY:
.jhiiiutikilwHi. al Li
Planning City Attorney's Office
CA11474
R-11
March 2, 2015
5
-27-
Item -IV-J.2c
ORDINANCES/RESOLUTION
ITEM#64951
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND the City Code:
c. ADD Section 33-113.2 re waterway encroachments in Special
Service Districts
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
1
2 AN ORDINANCE TO ADD SECTION 33-113.2 TO
3 THE CITY CODE PERTAINING TO WATERWAY
4 ENCROACHMENTS IN SPECIAL SERVICE
5 DISTRICTS
6
7 SECTION AMENDED: § 33-113.2
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Section 33-113.2 is hereby added to the Code of the City of Virginia Beach,
13 Virginia, to read as follows:
14
15 Sec. 33-113.2 Administrative approval of temporary encroachments into
16 Neighborhood Dredging Special Service Districts
17
18 (a) City council hereby authorizes the city manager or his designee, upon proper
19 application to the department of public works, to approve any temporary encroachment
20 into city-owned waterways and city-owned property adjacent to waterways for boatlifts,
21 bulkheads, rip-rap, piers, boat-ramps, decks, shoreline stabilization projects, pilings,
22 wharves, and associated walkways and landscaping in any of the council-approved
23 neighborhood dredging special service districts when the following conditions are met:
24
25 (1) The owner has procured any permits required by the city or other applicable
26 regulatory body; and
27
28 (2) The owner has secured approval from any board or body appointed by the
29 city to oversee the general health and welfare of the Chesapeake Bay, wetlands,
30 and any rivers, beaches or waterways; and
31
32 (3) The city attorney or his designee has reviewed and approved the
33 encroachment request for compliance with relevant local ordinances and
34 resolutions, the city code, state law, federal law and regulations, and that
35 adjacent property owners have been notified; and
36
37 (4) The conditions provided by section 33-113.1(a) (1), (2), (3), (4), and (8) of the
38 city code, as amended.
39
40 (b) The requirements provided by Section 33-113.1 (c), (d), (e), and (f), as amended,
41 shall apply to any temporary encroachment provided by this section.
42
43 (c) The application and processing fee for such temporary encroachment shall be
44 provided by section 33-113.
45
46 (d) The applicant shall provide the required 15-foot vegetated riparian buffer area or
47 shall provide payment to the city for offsettinq buffer improvements.
48
49 (e) Any application that includes a boathouse is excluded from the authorization for an
50 administrative process set forth by this section.
51
52 (f) The application for such encroachment shall include proof of notice to the adjacent
53 property owner. If an adjacent property owner objects to such application because of
54 navigational concerns, the application shall be excluded from the authorization for an
55 administrative approval set forth by this section.
16th
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of June , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Aria k_
Public Works City Att e • ice
CA13372
R-1
May 29, 2015
-28-
Item -IV-J.3a
ORDINANCES/RESOLUTION
ITEM#64952
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE:
a. A Management Agreement with Tidewater Tennis Center, Inc. re
operation and management of Owl Creek Tennis Center
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A MANAGEMENT
3 AGREEMENT WITH TIDEWATER TENNIS CENTER,
4 INC. FOR THE OPERATION AND MANAGEMENT OF
5 OWL CREEK TENNIS CENTER
6
7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 928
8 S. Birdneck Road (GPIN: 2416-75-8858) (the "Property"), known as Owl Creek Tennis
9 Center (the "Tennis Center");
10
11 WHEREAS, the City determined that it would be in its best interest to seek an
12 outside party to operate, manage and maintain the Tennis Center;
13
14 WHEREAS, on January 20, 2015, the City issued a Request for Proposals for the
15 operation, management and maintenance of the Tennis Center (the "REP");
16
17 WHEREAS, the City received and evaluated two (2) responses to the RFP and
18 determined that Tidewater Tennis Center, Inc. ("Tidewater Tennis") was best suited to
19 to manage the Tennis Center in accordance with the specifications of the RFP;
20
21 WHEREAS, the City and Tidewater Tennis have negotiated the terms of an
22 agreement, which sets forth the compensation, obligations and responsibilities of each
23 party in connection with the Tennis Center (the "Management Agreement");
24
25 WHEREAS, the Management Agreement would be for a term of three (3) years,
26 with two (2) one-year renewal options, upon mutual agreement of the parties; and
27
28 WHEREAS, City staff recommends entering into the Management Agreement
29 with Tidewater Tennis.
30
31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33
34 That the City Manager is hereby authorized to execute a management
35 agreement, for a term of three (3) years, with two (2) one-year renewal options upon
36 mutual agreement of the parties, between the City of Virginia Beach and Tidewater
37 Tennis Center, Inc., a Virginia corporation, in accordance with the Summary of Terms,
38 attached hereto as Exhibit A, and made a part hereof, and such other terms, conditions
39 or modifications as may be acceptable to the City Manager and in a form deemed
40 satisfactory by the City Attorney.
41 16th
42 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
43 June , 2015.
APPROVED AS TO % TENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
b to jr) f ti<v
Dept. of Parks and Recreation City Attorney
CA13223
vbgov.com\DFS I ApplicationslCityLawProd,cycom32.Wpdocs\D007,P007,0005 1132.DOC
R-1
June 5, 2015
EXHIBIT A
SUMMARY OF TERMS
MANAGEMENT AGREEMENT FOR OWL CREEK TENNIS CENTER
OWNER: City of Virginia Beach (the "City")
MANAGER: Tidewater Tennis Center, Inc., a Virginia corporation
FACILITY: Part of 928 S. Birdneck Road (GPIN: 2416-75-8858),
known as Owl Creek Tennis Center
TERM: Three (3) years, with two (2) one-year renewal options upon
mutual agreement of the parties
RIGHTS AND RESPONSIBILITIES OF MANAGER:
• The Facility will be used as a recreational facility, providing opportunities for
citizens and guests to socialize, learn and enjoy playing tennis, and for no other
purpose without the prior written approval of the City.
• Manager will provide complete tennis center facility management services,
including pro shop, food and beverage, landscape maintenance, and basic court
maintenance.
• Manager will be responsible for all utilities and maintenance within the Facility
area (except snow/ice removal at the entrance area and outdoor court lighting).
• Manager shall maintain insurance and be responsible for all applicable taxes and
licensing associated with the operation of the Facility.
• Manager shall pay a percentage of gross revenue to the City, as follows:
Gross Revenue Payment
$250,000 and under 1%of the revenue generated up to the first$250,000
$250,001 -$300,000 2%of the revenue generated between$250,001 and$300,000
$300,001 -$350,000 3%of the revenue generated between$300,001 and$350,000
$350,001 and above 4%of the revenue generated at and over$350,001
RIGHTS AND RESPONSIBILITIES OF OWNER/CITY:
• Prior to commencement of the Management Agreement, the City shall repair and
seal cracks on outdoor courts
Page 1 of 2
• Within 6 months of execution of the Management Agreement, the City shall
provide a top coat sealant to the indoor courts.
• City shall remove snow/ice at the entrance area and maintain and repair the
outdoor court lighting within guidelines established by the City's Dept. of Parks
and Recreation.
• City shall retain the right to use the parking lot for municipal use as deemed
necessary.
Page 2 of 2
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-29-
Item -IV-J.36
ORDINANCES/RESOLUTION
ITEM#64953
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE:
b. A Lease between T-Mobile and the City re telecommunications
facilities at 616 North Great Neck Road
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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO AWARD A LEASE OF CITY PROPERTY
2 TO T-MOBILE NORTHEAST, L.L.C. FOR THE PURPOSE OF
3 MAINTAINING AND OPERATING WIRELESS
4 TELECOMMUNICATIONS FACILITIES
5
6 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property
7 located at 616 North Great Neck Road, in the Beach District (the "Property"); and
8
9 WHEREAS, T-Mobile Northeast, L.L.C. ("T-Mobile") has leased a 25'x 25' portion
10 of the Property from the City since March 2004 to operate certain facilities for the purpose
11 of providing wireless telecommunications services to the general public; and
12
13 WHEREAS, T-Mobile desires to continue to lease a portion of the Property,together
14 with easements for vehicular and pedestrian access and for the installation, maintenance
15 and replacement of necessary utilities, wiring, cables and other conduits for the purpose of
16 maintaining and operating the existing wireless telecommunications facilities currently
17 located upon the Property; and
18
19 WHEREAS, the most recent lease has expired as of March 23, 2010, and T-Mobile
20 desires to enter into a new five-year lease upon the same material terms and conditions as
21 the former leases, with an increase in the rent due the City;
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 1. That the City Manager is hereby authorized and directed to execute, on
27 behalf of the City, the lease entitled GROUND LEASE AGREEMENT (GREAT NECK
28 DOMINION TOWER) CITY OF VIRGINIA BEACH, LESSOR AND T-MOBILE
29 NORTHEAST LLC, LESSEE DATED MARCH 24, 2015, a summary of the material terms
30 of which lease is hereto attached and a copy of which is on file in the Office of the City
31 Attorney.
32
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of
June , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI CY:
64Public Wo s/Facilities Management City Attorney's Office
CA13361
R-1
May 14, 2015
T-MOBILE LEASE AGREEMENT
Summary of Material Terms
Location: 616 N. Great Neck Road (intersection with West Plantation Road), Beach District
Lessee: T-Mobile Northeast, LLC
Leased Area: 25' x 25' site, with access and maintenance easements for accessory base station
(outbuilding housing telecommunications equipment). Antennas are on top of
existing Dominion electric transmission tower
Term: Five years with no right of renewal
Rent: $15,981.84 per year(first year), payable in advance, with annual 3% increase
Other: Lessee required to comply with all City ordinances and other requirements
Lessee required to remove facilities and restore site to original condition upon
expiration or termination of lease
Lessee to reimburse City for cost of public notice
-30-
Item -IV-J.4
ORDINANCES/RESOLUTION
ITEM#64954
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to APPOINT three (3) Viewers re view streets or alleys proposed for closure
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
2 ONE-YEAR TERMS BEGINNING JULY 1, 2015, TO VIEW
3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED
4
5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers
6 shall be appointed each year to serve terms of one year beginning July 1 to view each
7 and every street or alley proposed to be altered or vacated during the term;" and
8
9 WHEREAS, it is the desire of City Council to appoint the Directors of the
10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers
11 for one-year terms, beginning July 1, 2015 and ending June 30, 2016.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That the Director of Planning, Director of Public Works and Director of Parks and
17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve
18 a one-year term beginning July 1, 2015 and ending June 30, 2016, to view each and
19 every application to close a street or alley, and to report in writing their opinion of what
20 inconvenience, if any, would result from discontinuing the street or alley or portion
21 thereof.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th
day of June , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Depart"ent of Planning, City Attorney's Offic
CA13369
R-1
May 29, 2015
II
-31-
Item -IV-J.5
ORDINANCES/RESOLUTION
ITEM#64955
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Resolution to RE-NAME the City-owned building at 256-258 North Witchduck Road from
"The Collier Building to `Human Services Witchduck Annex"
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 A RESOLUTION TO RE-NAME THE CITY BUILDING
2 LOCATED AT 256-258 N. WITCHDUCK ROAD FROM
3 "THE COLLIER BUILDING" TO "HUMAN SERVICES
4 WITCHDUCK ANNEX"
5
6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 That the City Council approves the change in name for the City building located at
10 256-258 N. Witchduck Road from "The Collier Building" to "Human Services Witchduck
11 Annex."
Adopted by the Council of the City of Virginia Beach, Virginia on the 16thday of
June , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFI _ CY:
Budget and Management Services City Attome office
CA13377
R-1
June 3, 2015
-32-
Item -IV-J.6a
ORDINANCES/RESOLUTION
ITEM#64956
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance re City Appointee Compensation for FY 2015-16:
a. City Manager
Voting: 8-1
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,
John E. Uhrin and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY MANAGER
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 WHEREAS, in 2012, in compliance with the requirements of state law, City
9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
10 employees who became Virginia Retirement System ("VRS") members prior to July 1,
11 2010, to make member contributions in an amount equal to one percent of their VRS
12 total creditable compensation; and (2) that increased those employees' VRS total
13 creditable compensation by one percent; and
14
15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
16 to require City employees who became VRS members prior to July 1, 2010, to make
17 member contributions in an amount equal to two percent of their VRS total creditable
18 compensation; and (2) to increase those employees' VRS total creditable compensation
19 by an additional one percent; and
20
21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
22 to require City employees who became VRS members prior to July 1, 2010, to make
23 member contributions in an amount equal to three percent of their VRS total creditable
24 compensation; and (2) to increase those employees' VRS total creditable compensation
25 by an additional one percent; and
26
27 WHEREAS, City Council adopted a similar ordinance, effective with the pay
28 period that includes July 1, 2015, (1) to require City employees who became VRS
29 members prior to July 1, 2010, to make member contributions in an amount equal to
30 four percent of their VRS total creditable compensation; and (2) to increase those
31 employees' VRS total creditable compensation by an additional one percent; and
32
33 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary
34 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66%
35 effective with pay period that includes October 1, 2015; and
36
37 WHEREAS, the VRS total creditable compensation for the City Manager includes
38 his salary as well as the value of the City's contributions to his deferred compensation
39 plan and, as set forth in his employment contract, the City-paid premiums for his family
40 medical and dental insurance and long-term care insurance.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA:
44
45 1. That the current base annual salary of the City Manager is $ 241,416.72;
46 his car allowance is and shall remain at $12,000 annually; the City's contribution to his
47 deferred compensation plan is and shall remain at $20,500 annually; and, in
48 accordance with his employment contract, the City shall continue to pay the total
49 premium for his family health and dental insurance, and the City shall also pay the full
50 premium for the City Manager's long term care insurance.
51
52 2. That, beginning July 1, 2015, as required by state law and in accordance
53 with budget ordinances adopted by City Council in May 2015, the City Manager shall
54 pay, on a salary-reduction basis, VRS member contributions in an amount equal to four
55 percent of his VRS total creditable compensation, and his base salary as set forth in
56 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015,
57 in an amount equal to one percent of his VRS total creditable compensation.
58
59 3. Along with all other full-time City employees, the City Manager shall also
60 receive a salary increase of .34%, effective with the pay period that includes July 1,
61 2015, and 2.66%, effective with the pay period that includes October 1, 2015.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
day of June , 2015.
APPROVED AS TO LEGAL
SUFFICIENCY:
7Z0
City Attorney's Offic
CA13383
R-2
June 10, 2015
-33-
Item -IV-J.6b
ORDINANCES/RESOLUTION
ITEM#64957
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance re City Appointee Compensation for FY 2015-16:
b. City Attorney
Voting: 8-1
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,
John E. Uhrin and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY
3 ATTORNEY
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in 2012, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
17 to require City employees who became VRS members prior to July 1, 2010, to make
18 member contributions in an amount equal to two percent of their VRS total creditable
19 compensation; and (2) to increase those employees' VRS total creditable compensation
20 by an additional one percent; and
21
22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
23 to require City employees who became VRS members prior to July 1, 2010, to make
24 member contributions in an amount equal to three percent of their VRS total creditable
25 compensation; and (2) to increase those employees' VRS total creditable compensation
26 by an additional one percent; and
27
28 WHEREAS, City Council adopted a similar ordinance, effective with the pay
29 period that includes July 1, 2015, (1) to require City employees who became VRS
30 members prior to July 1, 2010, to make member contributions in an amount equal to
31 four percent of their VRS total creditable compensation; and (2) to increase those
32 employees' VRS total creditable compensation by an additional one percent; and
33
34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary
35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66%
36 effective with pay period that includes October 1, 2015; and
37
38 WHEREAS, the VRS total creditable compensation for the City Attorney includes
39 his salary as well as the value of the City's contributions to his deferred compensation
40 plan.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA:
44
45 1. That the current base annual salary of the City Attorney is $203,272.56,
46 the City's contribution to his deferred compensation plan is and shall remain at $10,000
47 annually, and his car allowance shall be $10,000 annually.
48
49 2. That, beginning July 1, 2015, as required by state law and in accordance
50 with budget ordinances adopted by City Council in May 2015, the City Attorney shall
51 pay, on a salary-reduction basis, VRS member contributions in an amount equal to four
52 percent of his VRS total creditable compensation, and his base salary as set forth in
53 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015,
54 in an amount equal to one percent of his VRS total creditable compensation.
55
56 3. Along with all other full-time City employees, the City Attorney shall also
57 receive salary increases of .34%, effective with the pay period that includes July 1,
58 2015, and 2.66%, effective with the pay period that includes October 1, 2015.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
day of June , 2015.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offi
CA13387
R-3
June 11, 2015
-34-
Item-IV-16c
ORDINANCES/RESOLUTION
ITEM#64958
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance re City Appointee Compensation for FY 2015-16:
c. City Clerk
Voting: 8-1
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,
John E. Uhrin and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY CLERK
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 WHEREAS, in 2012, in compliance with the requirements of state law, City
9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
10 employees who became Virginia Retirement System ("VRS") members prior to July 1,
11 2010, to make member contributions in an amount equal to one percent of their VRS
12 total creditable compensation; and (2) that increased those employees' VRS total
13 creditable compensation by one percent; and
14
15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
16 to require City employees who became VRS members prior to July 1, 2010, to make
17 member contributions in an amount equal to two percent of their VRS total creditable
18 compensation; and (2) to increase those employees' VRS total creditable compensation
19 by an additional one percent; and
20
21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
22 to require City employees who became VRS members prior to July 1, 2010, to make
23 member contributions in an amount equal to three percent of their VRS total creditable
24 compensation; and (2) to increase those employees' VRS total creditable compensation
25 by an additional one percent; and
26
27 WHEREAS, City Council adopted a similar ordinance, effective with the pay
28 period that includes July 1, 2015, (1) to require City employees who became VRS
29 members prior to July 1, 2010, to make member contributions in an amount equal to
30 four percent of their VRS total creditable compensation; and (2) to increase those
31 employees' VRS total creditable compensation by an additional one percent; and
32
33 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary
34 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66%
35 effective with pay period that includes October 1, 2015; and
36
37 WHEREAS, the VRS total creditable compensation for the City Clerk consists of
38 only her salary.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
41 VIRGINIA BEACH, VIRGINIA:
42
43 1. That the current base annual salary of the City Clerk is $114,355.44, and
44 her car allowance is and shall remain at $10,000 annually.
45
46 2. That, beginning July 1, 2015, as required by state law and in accordance
47 with budget ordinances adopted by City Council in May 2015, the City Clerk shall pay,
48 on a salary-reduction basis, VRS member contributions in an amount equal to four
49 percent of her VRS total creditable compensation, and her base salary as set forth in
50 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015,
51 in an amount equal to one percent of her VRS total creditable compensation.
52
53 3. Along with all other full-time City employees, the City Clerk shall also
54 receive salary increases of .34%, effective with the pay period that includes July 1,
55 2015, and 2.66%, effective with the pay period that includes October 1, 2015.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
day of June , 2015.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offi
CA13384
R-1
June 9, 2015
-35-
Item -IV-J.6d
ORDINANCES/RESOLUTION
ITEM#64959
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance re City Appointee Compensation for FY 2015-16:
d. City Real Estate Assessor
Voting.• 8-1
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,
John E. Uhrin and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY REAL
3 ESTATE ASSESSOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in 2012, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council adopted a similar ordinance, effective July 1,2013, (1)
17 to require City employees who became VRS members prior to July 1, 2010, to make
18 member contributions in an amount equal to two percent of their VRS total creditable
19 compensation; and (2) to increase those employees' VRS total creditable compensation
20 by an additional one percent; and
21
22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
23 to require City employees who became VRS members prior to July 1, 2010, to make
24 member contributions in an amount equal to three percent of their VRS total creditable
25 compensation; and (2) to increase those employees' VRS total creditable compensation
26 by an additional one percent; and
27
28 WHEREAS, City Council adopted a similar ordinance, effective with the pay
29 period that includes July 1, 2015, (1) to require City employees who became VRS
30 members prior to July 1, 2010, to make member contributions in an amount equal to
31 four percent of their VRS total creditable compensation; and (2) to increase those
32 employees' VRS total creditable compensation by an additional one percent; and
33
34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary
35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66%
36 effective with pay period that includes October 1, 2015; and
37
38 WHEREAS, the VRS total creditable compensation for the City Real Estate
39 Assessor includes his salary as well as the value of the City's contributions to his
40 deferred compensation plan.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA:
44
45 1. That the current base annual salary of the City Real Estate Assessor is
46 $132,603.84, and the City's contribution to his deferred compensation plan is and shall
47 remain at $4,000 annually.
48
49 2. That, beginning July 1, 2015, as required by state law and in accordance
50 with budget ordinances adopted by City Council in May 2015, the City Real Estate
51 Assessor shall pay, on a salary-reduction basis, VRS member contributions in an
52 amount equal to four percent of his VRS total creditable compensation, and his base
53 salary as set forth in paragraph 1 shall be increased effective with the pay period that
54 includes July 1, 2015, in an amount equal to one percent of his VRS total creditable
55 compensation.
56
57 3. Along with all other full-time City employees, the City Real Estate
58 Assessor shall also receive a salary increase of .34%, effective with the pay period that
59 includes July 1, 2015, and 2.66%, effective with the pay period that includes October 1,
60 2015.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
day of June , 2015.
APPROVED AS TO LEGAL
SUFFICIENCY:
.41-1e/i•e-/4 fEr
City Attorney's 0
CA13386
R-1
June 9, 2015
-36-
Item -IV-J.6e
ORDINANCES/RESOLUTION
ITEM#64960
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance re City Appointee Compensation for FY 2015-16:
e. City Auditor
Voting: 8-1
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,
John E. Uhrin and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE PERTAINING TO
2 THE COMPENSATION OF THE CITY
3 AUDITOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in 2012, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
17 to require City employees who became VRS members prior to July 1, 2010, to make
18 member contributions in an amount equal to two percent of their VRS total creditable
19 compensation; and (2) to increase those employees' VRS total creditable compensation
20 by an additional one percent; and
21
22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
23 to require City employees who became VRS members prior to July 1, 2010, to make
24 member contributions in an amount equal to three percent of their VRS total creditable
25 compensation; and (2) to increase those employees' VRS total creditable compensation
26 by an additional one percent; and
27
28 WHEREAS, City Council adopted a similar ordinance, effective with the pay
29 period that includes July 1, 2015, (1) to require City employees who became VRS
30 members prior to July 1, 2010, to make member contributions in an amount equal to
31 four percent of their VRS total creditable compensation; and (2) to increase those
32 employees' VRS total creditable compensation by an additional one percent; and
33
34 WHEREAS, the 2015 ordinance also provides, for all full-time employees, salary
35 increases of .34% effective with the pay period that includes July 1, 2015, and 2.66%
36 effective with pay period that includes October 1, 2015; and
37
38 WHEREAS, the VRS total creditable compensation for the City Auditor consists
39 of only his salary.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
42 VIRGINIA BEACH, VIRGINIA:
43
44 1. That the current base annual salary of the City Auditor is $113,111.04,
45 and his car allowance is and shall remain at $6,000 annually.
46
47 2. That, beginning July 1, 2015, as required by state law and in accordance
48 with budget ordinances adopted by City Council in May 2015, the City Auditor shall pay,
49 on a salary-reduction basis, VRS member contributions in an amount equal to four
50 percent of his VRS total creditable compensation, and his base salary as set forth in
51 paragraph 1 shall be increased effective with the pay period that includes July 1, 2015,
52 in an amount equal to one percent of his VRS total creditable compensation.
53
54 3. Along with all other full-time City employees, the City Auditor shall also
55 receive salary increases of .34%, effective with the pay period that includes July 1,
56 2015, and 2.66%, effective with the pay period that includes October 1, 2015.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th
day of June , 2015.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offic
CA13385
R-1
June 9, 2015
-37-
Item IV-J.7a(1/2/3)
ORDINANCES/RESOLUTION
ITEM#64961
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND:
a. The FY 2014-15 Operating Budget re Department of Housing and
Neighborhood Preservation
1. $145,088- TRANSFER of Community Development Block
Grant(CDBG)funds
2. $ 25,402—REDUCE appropriations for the CDBG re
decreased revenue
3. $100,000—CORRECT appropriation re "program income"
to `federal revenue"
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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO AMEND THE FY 2014-15
2 OPERATING BUDGET OF THE DEPARTMENT OF
3 HOUSING AND NEIGHBORHOOD PRESERVATION
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 The FY 2014-15 Operating Budget of the Department of Housing and Neighborhood
9 Preservation is hereby modified for the amounts and purposes set forth below:
10
11 1. $145,088 of Community Development Block Grant (CDBG) funds is hereby
12 transferred from the Community Development Fund to the Community
13 Development Loan Grant Fund, with federal revenue increased accordingly;
14
15 2. Revenues from program income and appropriations of $25,402 for CDBG are
16 hereby reduced to reflect revenues below anticipated levels; and
17
18 3. The revenue sources for the CDBG Program are hereby amended to increase
19 federal revenues by $100,000 with a corresponding decrease in program
20 income.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day
of June , 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
Sy7:
i"
c)
Budget and Management Servic s City PtirsF e ' ice
CA13374
R-1
June 1, 2015
-38-
Item -IV-J.7b
ORDINANCES/RESOLUTION
ITEM#64962
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AMEND:
b. The Project Scope to EXPAND the "Commonwealth's Attorney Build-
Out of Judicial Center" and TRANSFER $102,291 from FY 2014/15
Commonwealth's Attorney Federal/State Seized Assets Special Revenue
Fund to complete renovations
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO AMEND THE PROJECT SCOPE OF
2 CAPITAL PROJECT #3-201, "COMMONWEALTH'S
3 ATTORNEY BUILD-OUT OF JUDICIAL CENTER" AND TO
4 TRANSFER FUNDS FROM THE FY2014-15
5 COMMONWEALTH'S ATTORNEY FEDERAL/STATE
6 SEIZED ASSETS SPECIAL REVENUE FUND TO
7 PROJECT #3-201 TO COMPLETE RENOVATIONS ON
8 THE SECOND FLOOR OF THE JUDICIAL CENTER
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA, THAT:
12
13 1. The project scope of Capital Project #3-201, "Commonwealth's Attorney
14 Build-Out of Judicial Center," is hereby be expanded to include renovation of the
15 Commonwealth's Attorney's portion of the second floor to add a conference room,
16 technology/interactive training room, and reorganization of existing staff offices/cubicles
17 to meet current and future organizational needs; and
18
19 2. $102,291 is hereby transferred from the FY2014-15 Commonwealth's
20 Attorney Federal/State Seized Assets Special Revenue Fund to Capital Project #3-201
21 to provide the remaining funds to cover the cost of the second floor renovation.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day
of June , 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY:
) c„,„
Budget and Management ervices' City Attu( s• ffice
CA13373
R-1
May 29, 2015
-39-
Item-IV-J.8a
ORDINANCES/RESOLUTION
ITEM#64963
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Ordinance to ACCEPT,APPROPRIATE re Human Services:
a. $1,791 FY 2015 Grant Funds from the Virginia Department of
Criminal Justice Services
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, John E. Uhrin and James L. Wood
Council Members Absent.•
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 ADDITIONAL FY2015 GRANT FUNDS FOR THE
3 COMMUNITY CORRECTIONS AND PRETRIAL PROGRAMS
4 GRANT AND TO TRANSFER CITY FUNDS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 (1) $1,791 is hereby accepted from the Virginia Department of Criminal Justice
10 Services and appropriated,with estimated state revenues increased accordingly,
11 to the FY 2014-15 Operating Budget of the Department of Human Services for
12 the Community Corrections and Pretrial Program; and
13
14 (2) $1,791 is hereby transferred from the FY2014-15 Operating Budget of the
15 Department of Human Services to the General Fund Reserve for Contingencies.
juneAdopted by the Council of the City of Virginia Beach, Virginia on the 16th day of
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:
(7
Budget and Management Servi es , C • ey's Office
CA13378
R-1
June 3, 2015
-40-
Item -IV-J.86
ORDINANCES/RESOLUTION
ITEM#64964
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Ordinance to ACCEPT,APPROPRIATE re Human Services:
b. $100,730 in State revenue and $18,744 local match re
additional positions
June 16, 2015
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 ADDITIONAL FY 2015-16 VIRGINIA DEPARTMENT OF
3 SOCIAL SERVICES FUNDING AND TO AUTHORIZE
4 TWO FULL-TIME ELIGIBILITY WORKER I POSITIONS
5
6 BE IT ORDAINED BY THE COUNIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1. $100,730 in State revenue from the Virginia Department of Social Services is
10 hereby accepted and appropriated, with estimated State revenues increased
11 accordingly, to the FY 2015-16 Operating Budget of the Department of Human
12 Services;
13
14 2. $18,744 is hereby transferred within the FY 2015-16 Operating Budget of the
15 Department of Human Services to provide funding for additional positions in the
16 Benefit Program Unit;
17
18 3. Two full time Eligibility Worker I positions are hereby authorized in the Benefit
19 Program Unit of the Department of Human Services; and
20
21 4. This ordinance shall be effective July 1, 2015.
Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of
June 2015.
Requires an affirmative vote by a majority of all of the members of City Council.
Approved as to Content: A .• ove• a • Legal Sufficiency:
D(IA/
), c 1
Budget and anagement Services ( Cit ' • - ey' Office
CA13379
R-1
June 3, 2015
-41-
Item—IV-K
PLANNING ITEM#64965
I. MCQ BUILDERS,LLC and B.H. CHANGE IN NON-CONFORMITY
VINELAND,LLC
2. CHECKERED FLAG STORE#5 and MODIFICATION OF PROFFERS
CHECKERED FLAG MOTOR CAR COMPANY MODIFICATION OF CONDITIONS
3. RIO LYNNHAVEN,LLC and LYNNHAVEN MODIFICATION OF CONDITIONS
INVESTMENTS,LLC
4. KINGS GRANT BAPTIST CHURCH CONDITIONAL USE PERMIT
5. GREYSTAR GP II,LLC and THE TERRY CONDITIONAL USE PERMIT
COMPANY
6a. CITY OF VIRGINIA BEACH GREEN SEA BL UEWAY and
GREENWAY
6b. CITY OF VIRGINIA BEACH AMEND CITY ZONING
ORDINANCE
ITEM#1 WILL BE CONSIDERED SEPARATELY
COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1
June 16, 2015
-42-
Item-IV-K
PLANNING ITEM#64966
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT, Items 2, 3, 4, 5, and 6a/b of the PLANNING AGENDA.
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-43-
Item -IV-K.1
PLANNING ITEM#64967
Brad Martin is represented the Applicant. He is the Engineer on this Project and advised the property
Owner and Developer is unable to attend tonight's meeting. This project is a redevelopment of twelve
(12) existing apartments with twelve (12) single-family homes. This is a "Modification of Non-
Conforminty" and, as such, requires City Council's approval. The current road serves as a "cut thru"
from Dam Neck Road to Old Dam Neck Road. Since this project was not required to go before the
Planning Commission, he consulted with Tom Leahy, Phil Davenport and Jack Whitney and received
their approval. The main concern, as he understands, is the project is creating private utilities and
infrastructure. The City has had some problems in the past with a few other similar developments asking
for the City's help. As such, the Developer has agreed to build the primary utilities to "City Standards".
The only thing not being done is meeting the geometric standard, typical of a City street, since this will be
a "dead-end"road and no longer a cut-thru.
Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council, DENIED,
Application of MCQ BUILDERS, LLC and B.H. VINELAND, LLC for a Change in Non-Conformity at
1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road DISTRICT 7—PRINCESS ANNE
Voting: 5-3
Council Members Voting Aye:
Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Amelia N. Ross-Hammond and John E. Uhrin
Council Members Voting Nay:
Robert M. Dyer
Shannon DS Kane
James L. Wood
Council Members Abstaining:
M. Benjamin Davenport
Council Members Absent: "
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
1 REVISED RESOLUTION
2
3 A RESOLUTION DENYING THE CONVERSION OF A
4 NONCONFORMING USE ON PROPERTY LOCATED AT
5 1046 AND 1050 OLD DAM NECK ROAD AND 1037 DAM
6 NECK ROAD
7
8 WHEREAS, McQ Builders, LLC-1 (hereinafter the "Applicant") has made
9 application to the City Council for authorization for the conversion of a nonconforming
10 use located at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road in the
11 AG-2 Zoning District by replacing 12 nonconforming dwellings units located in multiple
12 structures on three parcels with 12 single-family dwellings in a condominium form of
13 ownership; and
14
15 WHEREAS, this lot currently contains 12 dwelling units in five buildings on three
16 lots, which is not allowed in the AG-2 Agricultural District; however, the dwellings were
17 built prior to the adoption of the applicable zoning regulations and are therefore
18 nonconforming; and
19
20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
21 conversion of a nonconforming use is unlawful in the absence of a resolution of the City
22 Council authorizing such action upon a finding that the proposed use, as converted, will
23 be equally appropriate or more appropriate to the zoning district than is the existing use;
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the City Council hereby finds that the proposed use of the lot, as converted,
29 will not be equally appropriate to the district as is the existing nonconforming use.
30
31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
32 BEACH, VIRGINIA:
33
34 That the conversion of the nonconforming use is hereby denied.
35
Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of
June, 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
oil di M
C1-4-kr r I
Pla ping Department City Attorney's ice
CA13331/R-1/June 17, 2015
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U City of Virinia. Seach
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VBgov.com
M.BENJAMIN DAVENPORT
COUNCILMAN PHONE: (757)425-6611
AT LARGE BDAVENPO@VBGOV.COM
In Reply Refer to 0054543
April 7, 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:
I would like to make the following disclosure:
1. I am making this disclosure regarding City Council's discussion and vote on a
resolution authorizing the conversion of a nonconforming use on property located at
1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road. The applicant for
this item is MCQ Builders, LLC-1, and the property owner is B.H. Vineland.
2. Davenport Management Company has business interests with the applicant with
respect to a different business venture (not the venture that is the subject of the
resolution).
3. I have a personal interest in Davenport Management Company, which is located at
1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451.
4. I wish to disclose this interest and will abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451
Mrs. Ruth Hodges Fraser -2- April 7, 2015
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Thank you for your assistance and cooperation in this matter.
Sincerely,
. Ben Davenport
Councilmember
MBD/RRI
II
-44-
Item -IV-K2
PLANNING ITEM#64968
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED AS
PROFFERED and CONDITIONED, BY CONSENT, Application of CHECKERED FLAG STORE#5
and CHECKERED FLAG MOTOR CAR COMPANY for a Modification of Proffers of a Conditional
Zoning (approved October 24, 2006) and a Modification of Conditions of a Conditional Use Permit
(approved May 23, 1988 and modified October 24, 2006) re an addition to the existing building at 5225
Virginia Beach Boulevard DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon CHECKERED FLAG STORE #5 and CHECKERED
FLAG MOTOR CAR COMPANY for a Modification of Proffers of a
Conditional Zoning (approved October 24, 2006) and a Modification of
Conditions of a Conditional Use Permit (approved May 23, 1988, and
modified October 24, 2006) re an addition to the existing building at
5225 Virginia Beach Boulevard (GPIN 1467669472) DISTRICT 2 —
KEMPSVILLE
The following conditions shall be required:
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
All conditions attached to the Conditional Use Permit granted by City Council on October 24,
2006, are hereby deleted and replaced with the following:
1. Evergreen shrubs planted a minimum offour(4)feet on center and a minimum height
of three (3) to four (4)feet at the time of installation shall be planted along the
Southern property line where the Site abuts the adjacent Office Development Site.
2. All garage doors shall remain closed, other than for the maneuvering of vehicles in
and out of service bays.
3. All parking lot lighting shall be directed inward and shall not reflect toward the
adjacent properties and public rights-of-way. A Photometric Plan shall be submitted
to the Development Services Center at Development Site Plan review.
4. The entire parking lot must be striped in accordance with City Code requirements
and Americans with Disabilities Act regulations. All parking spaces and display
areas must be clearly delineated on the final Site Plan.
5. No loudspeakers or any other outdoor speaker system shall be permitted on Site.
6. No vehicles for sale or rent shall be parked and/or displayed within any portion of
the public rights-of-way.
7. The Site shall be developed in substantial conformance to the submitted Site Plan
entitled, "CONCEPTUAL SITE LAYOUT PLAN OF CHECKERED FLAG - BMW,
VIRGINIA BECH, VIRGINIA", dated 02/02/15 and prepared by MSA, P.C.
June 16, 2015
II
-45-
Item -IV-K.2
PLANNING ITEM#64968
(Continued)
8. The building addition shall substantially conform to the design shown on the building
elevations entitled, "CHECKERED FLAG BMW 5.0 PROPOSED ELEVATIONS"
and "CHECKERED FLAG BMW 6.1 EXTERIOR PERSPECTIVE," prepared by
YSM Design.
9. Use of all service areas shall be limited to normal operating hours
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 Sixteenth day of June 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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-46-
Item -IV-K.3
PLANNING ITEM#64969
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED AS
CONDITIONED, BY CONSENT, Application of RIO LYNNHAVEN, LLC and LYNNHAVEN
INVESTMENTS, LLC for a Modification of Conditions (approved November 17, 1980 and Modified
July 14, 1998)re a car wash at 1108 Lynnhaven Parkway DISTRICT 3—ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon RIO LYNNHAVEN, LLC and LYNNHAVEN
INVESTMENTS, LLC for a Modification of Conditions (approved
November 17, 1980, and Modified July 14, 1998) re a car wash at 1108
Lynnhaven Parkway (GPIN 1496006954)DISTRICT 3—ROSE HALL
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit granted by the City Council on
July 14, 1998, are deleted and are replaced with the conditions listed below.
2. The Site shall be developed substantially in conformance with the Plan titled
"Conceptual Site Plan, Rio Car Wash"dated March 2, 2015, and prepared by WPL.
Said Plan has been exhibited to the City Council and is on file with the Department
of Planning.
3. The building shall be developed substantially in conformance with the elevation titled
"Conceptual Architectural Elevations, Rio Car Wash" dated March 2, 2015, and
prepared by Dirigo Design Consultants, LLC. Said elevations have been exhibited to
the City Council and are on file with the Department of Planning.
4. The existing wooded portion of the Southeastern portion of the Site shall remain in its
natural vegetated state.
5. All mechanical equipment shall be flood-resistant to water intrusion and flotation
from hydrostatic pressure, or elevated above the Base Flood Elevation.
6. Any existing barbwire shall be removed from the Site and no new barbwire shall be
installed.
7. The existing pole-mounted sign at the Site entrance shall be removed. Any proposed
signage shall meet the regulations of the City Zoning Ordinance, and a sign permit
shall be obtained from the Planning Department for the installation of any signage.
Signage on the Site shall be limited to the following:
a. One (1)freestanding monument sign, with the color of the base
matching the color of the building
b. Two (2) wall-mounted signs
June 16, 2015
-47-
Item -IV-K.3
PLANNING ITEM#64969
(Continued)
8. The proposed dumpster shall be screened by a solid block enclosure painted to match
the building, as well as foundation landscaping in accordance with the City of
Virginia Beach Landscaping Guide.
9. Vacuums installed on the Site shall substantially adhere to the design depicted on the
submitted graphic, entitled "Conceptual Kiosk Canopy, Rio Car Wash, " with the
exception that the `Bubbles' sign element as shown, shall not be installed on the
canopy. The number of vacuum stations shall be limited to one (1)per parking space.
Each vacuum shall be painted a neutral tone to reduce visibility from the right-of-
way and maintain consistency with the building. The four central vacuum units shall
be screened with shrubs from the right-of-way.
10. The outdoor vending machine installed on the Site shall be confined to the rear of the
Site as depicted on the submitted Plan, and shall be screened with shrubs to reduce
visibility. No signage shall be permitted above, beside or below the vending machine.
11. The existing chain link fence with orange slats shall be removed. Any new fence shall
not be chain link and must meet the requirements of the Zoning Ordinance. (Note:
this condition was added at the Planning Commission Hearing)
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 Sixteenth day of June 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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-48-
Item -IV-K4
PLANNING ITEM#64970
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED AS
CONDITIONED, BY CONSENT, Application of KINGS GRANT BAPTIST CHURCH for a
Conditional Use Permit re an open air market at 873 Little Neck Road DISTRICT 5—LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon KINGS GRANT BAPTIST CHURCH for a
Conditional Use Permit re an open air market at 873 Little Neck Road
(GPIN 148828793)DISTRICT 5—LYNNHAVEN
The following conditions shall be required:
1. Activities related to the Open Air (Farm) Market shall be located within the areas
designated on the submitted Plan, entitled "King's Grant Baptist Church Farm
Market Layout, June, 2015. "
2. Products sold at the Market shall be limited to local agricultural, seafood and
related organic food products, as well as homemade and handmade items.
3. The Open Air Market shall only operate on two Thursdays per month from June
through September. Operating hours shall be from 4:00 PM to 7:00 PM
4. One (1) sign, no greater than thirty two (32) square feet, with a maximum height of
twelve (12)feet, and set back at least seven (7)feet from the property line, may be
installed per the provisions of Section 211(b) (1) for temporary signs.
5. The applicant shall ensure that all applicable Health Department requirements are
met.
6. Amplified live and pre-recorded music shall be permitted during the time that the
Market is allowed to operate, but shall be at a volume consistent with the provisions
of Condition 8.
7. As required by Section 239.03(b)(2) of the Zoning Ordinance, there shall be no less
than one (1) trash receptacle per one thousand(1,000)feet of sales area.
8. As provided for by Section 239.03(b)(5) of the Zoning Ordinance, during its
operation, the Market shall not disturb the tranquility of the surrounding residential
area or otherwise interfere with the reasonable use and enjoyment of neighboring
property by reason of excessive noise, traffic or overflow parking.
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 Sixteenth day of June Two
Thousand Fifteen.
June 16, 2015
-49-
9
Item -IV-K.4
PLANNING ITEM#64970
(Continued)
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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
-50-
Item -IV-K.5
PLANNING ITEM#64971
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED AS
CONDITIONED, BY CONSENT, Application of GREYSTAR GP II, LLC and THE TERRY
COMPANIES FIVE, LLC for a Conditional Use Permit re housing for seniors and disabled persons
between Shore Drive and Ocean Shore Avenue at Cherry Tree Place DISTRICT 5-LYNNHAVEN
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon GREYSTAR GP II, LLC and THE TERRY
COMPANIES FIVE,LLC for a Conditional Use Permit re housing for
seniors and disabled persons between Shore Drive and Ocean Shore
Avenue at Cherry Tree Place (GPIN 1489799060) DISTRICT 5 -
LYNNHAVEN
The following conditions shall be required:
1. The Site shall be developed substantially in conformance with the Site layout on the
exhibit entitled, "Conceptual Site Layout and Landscape Plan of OVERTURE POINT
CHESAPEAKE, Virginia Beach, Virginia, "prepared by MSA, P.C., dated March 2,
2015, which has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department.
2. The amenities provided on the Site shall be substantially as depicted on the
"Conceptual Amenities Plan, OVERTURE POINT CHESAPEAKE APTS, "prepared
by MSA, P.C., and dated April 13, 2015, which has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department.
3. When the buildings are constructed, they shall be substantially in conformance, with
regard to architectural design, number of stories, color scheme, and exterior
building materials, as depicted on the elevations entitled "Point Chesapeake,"pages
1-6,prepared by Poole &Poole Architecture, LLC, dated March 26, 2015, which has
been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
4. As proposed, evidence of a Conditional Letter of Map Revision or a Letter of Map
Amendment, as may be necessary to satisfy the applicable regulations of the Federal
Emergency Management Agency for this Site, shall be submitted to the Planning
Director prior to final Site Plan review approval, such that no structural fill is
required in a "VE"Floodplain Zone in order to construct the structures.
5. Consistent with the concepts of the Shore Drive Corridor Plan adopted by the
Virginia Beach City Council on March 28, 2000, the applicant shall provide an
easement, subject to approval by the City Attorney's Office, of a sufficient width for
the construction of an eight (8)foot wide public pedestrian/bicycle, ADA accessible
pathway, with landscape amenities, on the applicant's property, that will connect to
the City property adjacent to and under the bridge.
June 16, 2015
-51-
Item -IV-K.5
PLANNING ITEM#64971
(Continued)
6. A Landscape Plan shall be submitted during final Site Plan review to the
Development Services Center depicting informal, naturalistic placement and
maintenance of plant materials reflective of the native maritime forest species,
tolerant of salt spray and wind. Along with added streetscape landscaping along the
Ocean Shore Avenue cul-de-sac, additional plant material shall be installed
throughout the Site, beyond that depicted on the exhibit identified in Condition 1
above. The final Site Plan shall not be approved until the Landscape Plan is deemed
satisfactory by the Planning Director.
7. An iconic,freestanding feature shall be installed on the property as a visual amenity
at the Cherry Tree Place/Shore Drive intersection. Said feature shall be depicted on
the final site plan and submitted to the Planning Director for review and ultimate
approval authority.
8. The freestanding identification sign for the apartment buildings shall be limited to a
monument-style sign, no taller than eight (8) feet, externally lit, constructed with
materials and colors that complement the exterior of the apartment buildings.
9. Other than a building-mounted sign over the vehicular or pedestrian entrance to the
apartment buildings, no building identification signage shall be permitted.
10. No freestanding identification sign shall be permitted along Shore Drive or Cherry
Tree Place.
11. Ground floor parking spaces shall be screened from view from all rights-of-way by
the installation of a solid wall, minimum height of four (4)feet, at the base of the
structure or within the split face CMU piers of the building, with building materials
and colors compatible with the buildings'facades, or by other means acceptable to
the Planning Director.
12. Trash compactors and dumpsters shall be screened from view from the rights-of-way,
consistent with the Virginia Beach Landscaping Guide, with building materials and
colors compatible with the buildings'facades.
13. The following shall not be located between the public rights-of-way and the
buildings'facades unless screened by a method approved by the Planning Director:
heating and ventilation equipment, generator, any other mechanical equipment, trash
receptacles and compactors.
14. All easements, utility easements or otherwise, shall be identified on the final Site
Plan.
15. Roof-mounted equipment shall be screened from view of all public rights-of-way and
from any public open space.
16. A Lighting Plan shall be submitted during final Site Plan review to ensure
consistency with the applicable Comprehensive Plan Design Guidelines.
June 16, 2015
52
Item -IV-K.5
PLANNING ITEM#64971
(Continued)
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 Sixteenth day of June 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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-53-
Item IV-K.6a
PLANNING ITEM#64972
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, ADOPTED, BY
CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to:
a. REFERENCE the Green Sea Blueway and Greenway Management
Plan as a component of the Comprehensive Plan
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 Sixteenth day of June, 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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO ADOPT AND INCORPORATE THE
2 GREEN SEA BLUEWAY AND GREENWAY MANAGEMENT
3 PLAN INTO THE COMPREHENSIVE PLAN
4
5 WHEREAS, the public necessity, convenience, general welfare and good zoning
6 practice so require;
7
8 WHEREAS, the Green Sea Blueway and Greenway Management Plan has been
9 developed with extensive input from the community and stakeholders including the City
10 of Chesapeake, Virginia and Currituck County, North Carolina; and
11
12 WHEREAS, the Green Sea Blueway and Greenway Management Plan is in
13 conformity with the Comprehensive Plan; and
14
15 WHEREAS, the Green Sea Blueway and Greenway Management Plan should be
16 adopted and incorporated as part of the Comprehensive Plan.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
22 amended and reordained by:
23
24 The adoption by City Council of the City of Virginia Beach of the Green Sea
25 Blueway and Greenway Management Plan and its incorporation into the
26 Comprehensive Plan. Such document is made a part hereof, having been exhibited to
27 the City Council and is on file in the Department of Planning.
28
29 COMMENT
30
31 The ordinance amends the Comprehensive Plan by the adoption of the Green Sea Blueway
32 and Greenway Management Plan.
33
34 16th
35 Adopted by the Council of the City of Virginia Beach, Virginia, on this
36 day of June , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI IENCY:
, k _Planning D •artment City Attorney's O'ice
CA13344
R-2
April 16, 2015
2
-54-
Item IV-K.6b
PLANNING ITEM#64973
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, ADOPTED, BY
CONSENT, Ordinance upon Application of the CITY OF VIRGINIA BEACH to:
b. AMEND Section 801 of the City Zoning Ordinance (CZO) to ALLOW
Veterinary establishments as a permitted use in the Office Districts
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 Sixteenth day of June, 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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
1 AN ORDINANCE TO AMEND SECTION 801
2 OF THE CITY ZONING ORDINANCE TO
3 ALLOW VETERINARY ESTABLISHMENTS
4 AS A PERMITTED USE IN THE OFFICE
5 DISTRICTS
6
7 Section Amended: City Zoning Ordinance § 801
8
9 WHEREAS, the public necessity, convenience, general welfare and good zoning
10 practice so require;
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Section 801 of the City Zoning Ordinance is hereby amended and
16 reordained to read as follows:
17
18 ARTICLE 8. OFFICE DISTRICTS
19
20 Sec. 801. Use regulations.
21
22 (a) Principal and conditional uses. The following chart lists those uses
23 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the
24 respective office districts shall be permitted as either principal uses indicated by a "P" or
25 as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be
26 prohibited in the respective districts. No uses or structures other than as specified shall
27 be permitted.
28
29 Use 01 02
30
31 . . . .
32
33 Television or other broadcasting stations C C
34
35 Veterinary establishments, except for P P
36 boarding of animals
37
38 Wildlife rehabilitation centers C C
39
40 . . . .
16th
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of June , 2015.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
(0,16etv-v6W10
Plannin'1 City Attorney's Office
CA13345
R-2
April 23, 2015
2
-55-
ITEM IV-L
APPOINTMENTS ITEM#64974
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD—CSB
PERSONNEL BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
II
-56-
ITEM IV-K
APPOINTMENTS ITEM#64975
Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED:
BRIAN A. KIR WIN
Four-year term 07/01/2015- 06/30/2019
ARTS and HUMANITIES COMMISSION
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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-57-
ITEM IV-L
APPOINTMENTS ITEM#64976
Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED:
NORMAN CARRICK
FAITH CHRISTIE
Three-year term 07/01/2015—06/30/2018
BAYFRONT ADVISORY COMMISSION
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-58-
ITEM IV-L
APPOINTMENTS ITEM#64977
Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED:
CHARLES W. GUTHRIE—At Large
PAUL HAMAKER—Centerville
CHRISTOPHER I.JACOBS—At Large
PATRICIA KEELEY—Rose Hall
WESLEY B.LAINE-Beach
Three-year term 07/01/2015—06/30/2018
BEACHES and WATERWAYS ADVISORY COMMISSION
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,John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-59-
ITEM IV-L
APPOINTMENTS ITEM#64978
Upon NOMINATION by Council Lady Henley, City Council
REAPPOINTED:
BEATRIZAMBERMAN
SYLVIA N. STRICKLAND
Three-year term 04/01/2015—03/31/2018
and
APPOINTED
MARY MATHINA
Unexpired term thru 03/31/2016 plus
Three-year term thru 03/31/2019
HUMAN RIGHTS COMMISSION
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
-60-
ITEM IV-L
APPOINTMENTS ITEM#64979
Upon NOMINATION by Council Lady Henley, City Council APPOINTED:
BRAD MARTIN
No term
PROCESS IMPROVEMENT STEERING COMMITTEE
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-61-
ITEM IV-L
APPOINTMENTS ITEM#64980
Upon NOMINATION by Council Lady Henley, City Council
REAPPOINTED:
DR. MICHAEL D. SUMMERS
Three-year term 07/01/2015—06/30/2018
and
APPOINTED
DR. MICHAEL G. DANIELS
Unexpired term thru 08/31/2017
DR.MAMIE L. JOHNSON
Unexpired term thru 08/31/2015 plus
Three-year term thru 08/31/2018
PUBLIC LIBRARY BOARD
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
II
-62-
ITEM IV-L
APPOINTMENTS ITEM#64981
Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED:
REBECCA CHALMERS
Four-year term 07/01/2015—06/30/2019
TIDEWATER COMMUNITY COLLEGE BOARD
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms,Jr.
Rosemary Wilson
June 16, 2015
II
-63-
ITEM IVLIf
63-ITEMIVLK
APPOINTMENTS ITEM#64982
Upon NOMINATION by Council Lady Henley, City Council REAPPOINTED:
EARNEST A. COOPER
Three-year term 06/01/2015—05/31/2018
TOWING ADVISORY BOARD
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, John E. Uhrin and James L. Wood
Council Members Absent:
Mayor William D. Sessoms, Jr.
Rosemary Wilson
June 16, 2015
-64-
Item -IV-0
ADJOURNMENT ITEM#64983
Acting Mayor Louis R. Jones, DECLARED the City Council Meeting ADJOURNED at 6:52 P.M.
aqatate
Amanda Finley-BB arn , CMC
Chief Deputy City Clerk
fiC"4ft6 .4.--e----uthHodges Fraser, MMC Vice Mayor Louis R.Jones
City Clerk Acting Mayor
City of Virginia Beach
Virginia
June 16, 2015