City Council

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nngov.com AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING MAY 27, 2014 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation - Dr. C.L. Spells, Harvest Land Ministries C. Pledge of Allegiance to the Flag of the United States of America D. Presentations None E. Public Hearings 1. Ordinance Authorizing the City Manager to Execute a Franchise Agreement with Metro Fiber Networks, Inc. (“Metro”) to Construct, Maintain and Operate a Telecommunications System in the City 2. Ordinance Authorizing the City Manager to Execute a Lease By and Between the City of Newport News and Warwick Lions Club, Inc., for a Storage Building Located on Municipal Lane 3. Ordinance Granting Conditional Use Permit No. CU-14-331, L & L Holding Company, LLC, to Operate a Pawn Shop on Property Located at 15674 Warwick Boulevard 4. Ordinance Granting Conditional Use Permit No. CU-14-332, 5901 Investors LLC, to Operate a Small Motor Vehicle Repair Facility on Property Located at 5901 Jefferson Avenue 5. Ordinance Granting Zoning Text Amendment ZT-14-349, City of Newport News, to Amend City Code, Chapter 45, Zoning Ordinance; Article II., Definitions; Section 45-201, Definition of Certain Words and Terms., to Add Assisted Living Facility, Congregate 6. Ordinance Granting Zoning Text Amendment ZT-14-350, City of Newport News, to Amend City Code, Chapter 45, Zoning Ordinance; Article IV., Summary of Uses by District;  Section 45-402; to Stipulate in which Districts Congregate Assisted Living Facilities will be Allowed F. Consent Agenda 1. Minutes of the Work Session of May 13, 2014 2. Minutes of the Special Meeting of May 13, 2014 3. Minutes of the Regular Meeting of May 13, 2014 G. Other City Council Actions 1. Resolution Authorizing the City Manager to Execute a Temporary, Non-exclusive Revocable License Agreement (TNRLA) between the City and Metro Fiber Networks, Inc., ("Metro") to Construct and Maintain Telecommunications Facilities in the City 2. Resolution Authorizing the City Manager to Execute an Agreement between the City and Metro Fiber Networks, Inc., (“Metro”), Allowing Metro to Obtain Easements 3. Resolution Approving the Fiscal Year 2014-2015 Consolidated Housing and Community Development Annual Action Plan 4. Ordinance Authorizing an Encroachment on City Right-of-Way and Authorizing the City Manager to Execute an Encroachment Agreement between the City and Brookridge Apartments, L.L.C., for a Proposed Fence H. Appropriations 1. Department of Public Utilities (Waterworks) – Capital Improvements Plan (CIP): Environmental Mitigation Services for Phase III of the Lee Hall Reservoir Dam Improvements Project – $2,233,600 I. Citizen Comments on Matters Germane to the Business of City Council *J. New Business and Councilmember Comments 1. City Manager 2. City Attorney 3. City Clerk 4. Coleman 5. Price 6. Scott 7. Vick  8. Whitaker 9. Woodbury 10. Bateman K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER "CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL." A. Call to Order B. Invocation – Dr. C.L. Spells, Harvest Land Ministries C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing the City Manager to Execute a Franchise Agreement with Metro Fiber Networks, Inc. (“Metro”) to Construct, Maintain and Operate a Telecommunications System in the City ACTION: A REQUEST TO APPROVE AN ORDINANCE AUTHORIZING A FRANCHISE AGREEMENT WITH METRO FIBER NETWORKS, INC., ("METRO") TO CONSTRUCT, MAINTAIN AND OPERATE A TELECOMMUNICATIONS SYSTEM IN THE CITY AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY AND METRO. BACKGROUND: l A bid was received and opened at Council's May 13, 2014 meeting for authorizing a franchise agreement for fiber optic telecommunication facilities within the City. l The bid received was submitted by Metro Fiber Networks, Inc. ("Metro"). l As the successful bidder, Metro will have the right to lay, construct, operate and maintain one or more underground fiber optic telecommunication lines, conduits, vaults and connections. l Metro is also expected to enter into agreements with the City to perform work on properties other than rights-of-way and secure access across private properties along existing City water pipeline corridors. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Fiber Optic Franchise Agrmnt sdm12514 Ord Authorizing a Franchise Agreement between Metro Fiber Networks, Inc. and City E. Public Hearings 2. Ordinance Authorizing the City Manager to Execute a Lease By and Between the City of Newport News and Warwick Lions Club, Inc., for a Storage Building Located on Municipal Lane ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND WARWICK LIONS CLUB, INCORPORATED FOR A STORAGE BUILDING LOCATED ON MUNICIPAL LANE. BACKGROUND: l The Warwick Lions Club has continually leased a storage building on Municipal Lane from the City since 1994. l The current lease is due to expire June 30, 2014, and a new lease has been requested. l The new lease essentially contains the same terms and conditions as the current lease and is for a one-year period, with four successive one-year options to renew at the discretion of the City. l The new annual rate will start at $500 and escalate five percent (5%) annually. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Warwick Lions Club Bldg Lease Renewal sdm12486 Authorizing re Warwick Lions Club Lease E. Public Hearings 3. Ordinance Granting Conditional Use Permit No. CU-14-331, L & L Holding Company, LLC, to Operate a Pawn Shop on Property Located at 15674 Warwick Boulevard ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NO. CU-14-331 TO L & L HOLDING COMPANY, LLC, TO OPERATE A PAWN SHOP ON PROPERTY LOCATED AT 15674 WARWICK BOULEVARD AND ZONED C1 RETAIL COMMERCIAL. BACKGROUND: l The proposed pawn shop will utilize a vacant commercial building. l The Police Department objects to the request citing a detrimental impact upon public safety and quality of life for the surrounding neighborhood and residents. l Given that pawn shops are a nuisance use in the sense that they tend to attract criminal activity, the request is not consistent with the Framework for the Future 2030 Comprehensive Plan's vision for safe neighborhoods. l On May 7, the City Planning Commission voted 2:6 to deny the request. The motion failed, therefore no recommendation was provided. l On May 21, the City Planning Commission reconsidered the motion and voted 6:3 to recommend approval with conditions. Vote on Roll Call For: Roberts, Carpenter, Austin, Willis, Simmons, Jones Against: Cherry, Long, Mulvaney Abstention: None l The City Manager does not object to the granting of this conditional use permit. FISCAL IMPACT: l N/A Supporting Material CM Memo re CU14331 LandL Holding Co Staff Report & PC Minutes sdm12571 Ord Granting CU-14-331 re L & L Holding Company, LLC  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER May 21, 2014 TO: The Honorable City Council FROM: City Manager SUBJECT: Conditional Use Permit No. CU-14-331, L & L Holding Company, LLC L & L Holding Company, LLC, requests a conditional use permit to allow for the operation of a pawn shop on a 1.34 acre parcel located at 15674 Warwick Boulevard. The proposed pawn shop will occupy four of five suites within an existing vacant commercial building totaling 5,700 square feet. The Police Department objects to the request citing a detrimental impact upon public safety and quality of life for the neighborhood and residents of the area, as they feel that pawn shops tend to attract criminal activity. While not specifically mentioned, given that pawn shops are perceived as a nuisance use and tend to attract criminal activity, the Planning Staff believes that the request is not consistent with the Framework for the Future 2030 Comprehensive Plan vision for safe neighborhoods. The retail activity proposed with the pawn shop is permitted and can occur without the approval of a conditional use permit. The Department of Planning recommended denial of the request. On May 7, 2014, the City Planning Commission voted 2:6 to deny the request. The motion failed, hence, no recommendation was provided. On May 21, 2014, the Planning Commission voted 7:2 to reconsider that motion. After the motion to deny failed 3:6, the Commission entertained a motion to recommend approval with conditions. That motion was approved 6:3. While I understand the concerns raised by staff, I do not object to the City Planning Commission recommendation. If pawn shops are allowed as a conditional use, the City needs to be prepared to allow them in some locations. However, I am concerned about the condition imposed on the hours of operation requiring a Saturday closing by 2:00 PM. _____________________________ James M. Bourey JMB:sgd Attachment G:\JIM BOUREY\Correspondence\2014\May\Memo to HCC re CU14331 LandL Holding Co 5 21 14.docx sdm12571 ORDINANCE NO. ____________ AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-14-331 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF THE OPERATION OF A PAWN SHOP IN A C1 RETAIL COMMERCIAL DISTRICT. WHEREAS, application number CU-14-331 has been made by L & L HOLDING COMPANY, LLC for a conditional use permit for the hereinafter described property for the purpose of the operation of a pawn shop in a C1 Retail Commercial District; and WHEREAS, the application has been referred to the Planning Commission of the City of Newport News for recommendation and has been duly advertised as required by law and the said Planning Commission has made its recommendation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: (a) That conditional use permit number CU-14-331 is hereby granted for the property described in paragraph (b) hereof for the purpose of the operation of a pawn shop in a C1 Retail Commercial District; and (b) That the property, hereinafter referred to as the "Property," to which the conditional use permit applies is particularly described below: All that certain tract, piece or parcel of land with the improvements thereon situate, lying and being in the City of Newport News, Virginia, fronting on the East side of Warwick Boulevard, a distance of 205.53 feet, as shown on that certain plat entitled, “PLAT OF PART OF PROPERTY OF J. C. WILLIAMSON, NEWPORT NEWS, VIRGINIA,” dated October 22, 1969, made by Baldwin and Gregg, Engineers-Surveyors-Planners, said parcel of land being more particularly described as follows: Beginning at a point on the East side of Warwick Boulevard (U.S. Route 60), in the City of Newport News, said point being South 17 degrees 47' 07" East and 99.03 feet from a concrete monument marked by the Virginia Department of Highways as shown on Sheet 8 of 18, Route No. 60, Project 356 6W-1, dated 1941; from said point marking the point of beginning of this description; thence North 87 degrees 22' 36" East 383.42 feet to a point on the West side of Reservoir Road; thence South 21 degrees 00' 00" West, 126.88 feet to an iron pin; thence South 23 degrees 50' 47" West  93.12 feet to a point; thence South 87 degrees 22' 36" West 242.67 feet to a point on the East side of Warwick Boulevard; thence proceeding in a northerly direction along the East side of Warwick Boulevard along a curve to the left whose radius is 1,950 feet an arc of 201.21 feet to an iron pipe; thence North 17 degrees 47' 07" West 4.32 feet to the point of beginning. (The Property has a common street address of 15674 Warwick Boulevard and Real Estate Assessor’s Tax I.D.# 057.00-01-05.) (c) That this conditional use permit is granted subject to the following conditions, each of which shall be implemented upon approval of this ordinance: 1. The applicant shall submit a class 2 Site Plan to the Department of Engineering for review by the Site Plan Review Committee and approval by the Director of Engineering. The site plan shall conform to this conditional use permit, the City’s Site Regulations and the Zoning Ordinance. 2. The applicant shall install a ten (10) foot landscape strip to be maintained in perpetuity along the Property’s Warwick Boulevard road frontage. The landscape strip shall be planted in accordance with the Site Regulations. 3. The applicant shall install a ten (10) foot landscape strip to be maintained in perpetuity along the Property’s Industrial Park Drive road frontage. The landscape strip shall be planted in accordance with the Site Regulations. 4. The applicant shall submit a landscape plan. This plan shall conform to conditions 2 and 3 above, the City’s Site Regulations and the Zoning Ordinance to be approved by the Director of Planning prior to conditional site plan approval. All landscaping shall be installed in accordance with the approved plan and shall be maintained in a healthy condition in perpetuity. The use approved by this permit shall not commence until the landscaping has been installed. 5. The applicant shall remove the existing freestanding pole sign. The sign may be replaced with no more than one freestanding sign to be installed on the Property. The sign shall be a monument style not to exceed eight (8) feet in height, including the base, and the sign area shall be limited to fifty (50) square feet. The sign shall be located within the Property and outside of the landscaped strips. The design of the freestanding sign and all building signs shall be submitted to the Department of Planning and approved by the Director of Planning prior to the issuance of a sign permit. No electronic display, temporary or portable signs shall be permitted on the Property. 2 6. Signage placed in or on any window of the building shall be limited to no more than 25 percent of each window. 7. All outdoor storage and displays of saleable items shall be prohibited. 8. The applicant shall screen all heating, ventilation, and air conditioning equipment from view from the public rights-of-way and adjacent properties in a manner reviewed and approved by the Director of Planning. 9. The dumpster shall be screened from adjacent properties and rights-of-way with materials and design approved by the Director of Planning prior to site plan approval, and shall be maintained in such condition in perpetuity. 10. The applicant shall cause a plan (“the Plan”) to be prepared for the installation and operation of digital video equipment (the “Equipment”) with recording devices and capability sufficient to include date and time the recording is made. The Equipment shall provide surveillance coverage encompassing the front, side and rear exteriors of the use permitted by this ordinance. The Plan shall be submitted for review and approval by the Police Department. The Plan shall include an operational period for the Equipment, which shall include all operating hours of the business and one hour or more after the close of business. Once the Plan is approved, the applicant shall install the Equipment in accord with the provisions of the Plan; and operate, record, and maintain the Equipment to provide for the required surveillance coverage. The Equipment and recordings made thereby shall be subject to periodic inspection by the Police Department at reasonable times. Commencement of the use authorized by this conditional use permit shall constitute acceptance of the conditions of this permit, including consent for such inspections. Surveillance tapes or recorded data must be maintained in a condition permitting review of the information recorded or stored therein or thereon for a period of time no less than thirty days. 11. The use approved by this conditional use permit shall occupy no more than 5,700 square feet of the structure. 12. The use shall be limited to hours of operation of 10:00 a.m. to 5:00 p.m. from Monday through Friday and 10:00 a.m. to 2:00 p.m. on Saturday. 13. If approved, the ordinance approving this conditional use permit shall be prominently displayed within the establishment at all times until the use is abandoned. 14. The applicant, as well as successors, assigns and agents, if any, shall comply 3  with all of the conditions stated herein, as well as all codes, ordinances and regulations of federal, state and local governments. 15. The applicant, as well as successors, assigns, and agents, if any, shall obtain all necessary licenses, approvals, conditional approvals, and permits prior to commencing any use, which is authorized by this conditional use permit or law. Furthermore, the applicants, as well as successors, assigns, and agents shall maintain all necessary licenses, approvals, conditional approvals, and permits for the entire period of time during which the real property, whether improved or otherwise is put to a use which is authorized by this conditional use permit. 16. A Certificate of Use and Occupancy shall be obtained prior to the occupancy of, or the operation of, any use of the Property. If applicable, the use approved by this conditional use permit shall not begin until a site plan is approved and fully implemented. If applicable, any landscaping component of the site plan shall be maintained in a healthy condition for the duration of the use authorized by this permit. 17. Violation of any of the above conditions or safeguards attached thereto shall be deemed a violation of the Zoning Ordinance, and, in addition, and notwithstanding any other provision of law, shall serve as grounds for revocation of the conditional use permit by City Council. 18. Notwithstanding any other provision of law, this conditional use permit is being approved due, in part, to the mitigating effects of each and every condition attached hereto; therefore, the conditions contained in this conditional use permit are not severable; in the event that any condition contained herein, or part thereof, is found by a court of competent jurisdiction to be invalid, unconstitutional, or otherwise unenforceable, then this conditional use permit shall be void and the use permitted by this conditional use permit shall cease. If this conditional use permit becomes void as a result of a condition or a part thereof, or conditions therein, being ruled invalid, unconstitutional or otherwise unenforceable, the property owner shall be afforded the right to reapply for a conditional use permit. 19. Notwithstanding any other provision of law, this conditional use permit is being approved due, in part, to the mitigating effects of each and every condition contained herein; as such, in the event an amendment to the zoning of the property described in Section (b) hereof is produced by a comprehensive implementation of a new or substantially revised Zoning Ordinance, the conditions imposed by the conditional use permit shall continue in effect. 4  (d) That this conditional use permit shall be deemed to have been abandoned and shall be revoked: 1. If the construction of the improvements or occupancy authorized by this conditional use permit has not commenced within twenty-four (24) months of May 27, 2014, or, 2. In the event of the continuous nonuse of the property as herein permitted for a period of twelve (12) months. 5 E. Public Hearings 4. Ordinance Granting Conditional Use Permit No. CU-14-332, 5901 Investors LLC, to Operate a Small Motor Vehicle Repair Facility on Property Located at 5901 Jefferson Avenue ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NO. CU-14-332 TO 5901 INVESTORS LLC, OWNERS, AND JOSHUA TONSKI, APPLICANT, TO OPERATE A SMALL MOTOR VEHICLE REPAIR FACILITY ON PROPERTY LOCATED AT 5901 JEFFERSON AVENUE AND ZONED C2 GENERAL COMMERCIAL. BACKGROUND: l The proposed small motor vehicle repair operation will conduct all repair work indoors. l The planned landscaping improvements will enhance the visual appearance of the property and Jefferson Avenue. l The use is consistent with the Framework for the Future 2030 Comprehensive Plan land use map designation of community commercial. l On May 7, 2014, the City Planning Commission voted unanimously 8:0 to recommend approval of the request with conditions. Vote on Roll Call For: Austin, Carpenter, Cherry, Jones, Mulvaney, Roberts, Simmons, Willis Against: None Abstention: None l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re CU-14-332 5901 Investors LLC Staff Report and CPC Meeting Minutes sdm12534 CU-14-332 re 5901 Investors LLC, Owners, and Joshua Tonski, Applicant sdm12534 ORDINANCE NO. ____________ AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-14-332 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF THE OPERATION OF A SMALL MOTOR VEHICLE REPAIR AND SERVICE FACILITY IN A C2 GENERAL COMMERCIAL DISTRICT. WHEREAS, application number CU-14-332 has been made by 5901 INVESTORS LLC, Owners, and JOSHUA TONSKI, Applicant, for a conditional use permit for the hereinafter described property for the purpose of the operation of a small motor vehicle repair and service facility in a C2 General Commercial District; and WHEREAS, the application has been referred to the Planning Commission of the City of Newport News for recommendation and has been duly advertised as required by law and the said Planning Commission has made its recommendation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: (a) That conditional use permit number CU-14-332 is hereby granted for the property described in paragraph (b) hereof for the purpose of the operation of a small motor vehicle repair and service facility in a C2 General Commercial District; and (b) That the property, hereinafter referred to as the "Property," to which the conditional use permit applies is particularly described below: All that certain lot, piece or parcel of land situate, lying and being in the City of Newport News, Virginia, known and designated as Lot Numbered Twenty-Seven (27), in Block Numbered Seven (7), as shown on that certain plat entitled “MAP OF PARKVIEW, LOCATED IN WARWICK COUNTY, NEAR NEWPORT NEWS, VIRGINIA, OLD DOMINION LAND COMPANY”, dated March 25, 1937, a copy of which plat is duly recorded in the Clerk’s Office of the Circuit Court for the City of Newport News, Virginia, in Plat Book 1, Page 98, to which reference is here made. Less and Except that certain lot or parcel of land as conveyed to the City of Newport News for widening of Jefferson Avenue, by deed recorded in the Clerk’s Office of the Circuit Court of the City of Newport News, Virginia, in Deed Book 526, page 101. (The Property has a common street address of 5901 Jefferson Avenue and a Real Estate Assessor’s Tax I.D.# 283.00-02-07.)  (c) That this conditional use permit is granted subject to the following conditions, each of which shall be implemented upon approval of this ordinance: 1. The applicant shall install landscaping in the green areas adjacent to Jefferson Avenue as shown on the submitted plan dated April 22, 2014 and prepared by Davis and Associates, found in Appendix A-2. The landscape plan shall be submitted to and approved by the Director of Planning prior to site plan review. All landscaping shall be installed in accordance with the approved plan prior to issuance of a Certificate of Use and Occupancy and shall be maintained in a healthy condition in perpetuity. 2. All repair and service work shall be performed indoors. 3. There shall be no outside storage of cars in a state of obvious disrepair. 4. Refuse containers shall be screened from the public right-of-way. 5. The fencing on the portion of the Property facing Jefferson Avenue shall be opaque. No barbed wire or razor wire shall be installed on the fencing. The gate attached to the fence shall be at least 20 feet wide. Fencing placement and materials shall be reviewed and approved by the Director of Planning prior to the issuance of a certificate of use and occupancy. 6. No freestanding sign shall be permitted on the Property. All building signs shall be reviewed and approved by the Director of Planning. 7. The applicant shall cause a plan (“the Plan”) to be prepared for the installation and operation of digital video equipment (the “Equipment”) with recording devices and capability sufficient to include date and time the recording is made. The Equipment shall provide surveillance coverage encompassing the front, side and rear exteriors of the use permitted by this ordinance. The Plan shall be submitted for review and approval by the Police Department. The Plan shall include an operational period for the Equipment, which shall include all operating hours of the business and one hour or more after the close of business. Once the Plan is approved, the applicant shall install the Equipment in accord with the provisions of the Plan; and operate, record, and maintain the Equipment to provide for the required surveillance coverage. The Equipment and recordings made thereby shall be subject to periodic inspection by the Police Department at reasonable times. Commencement of the use authorized by this conditional use permit shall constitute acceptance of the conditions of this permit, including consent for such inspections. Surveillance tapes or recorded data must be maintained in a condition permitting review of the information 2  recorded or stored therein or thereon for a period of time no less than thirty days. 8. If approved, the ordinance approving this conditional use permit shall be prominently displayed within the establishment at all times until the use is abandoned. 9. The applicant, as well as successors, assigns and agents, if any, shall comply with all of the conditions stated herein, as well as all codes, ordinances and regulations of federal, state and local governments. 10. The applicant, as well as successors, assigns, and agents, if any, shall obtain all necessary licenses, approvals, conditional approvals, and permits prior to commencing any use, which is authorized by this conditional use permit or law. Furthermore, the applicants, as well as successors, assigns, and agents shall maintain all necessary licenses, approvals, conditional approvals, and permits for the entire period of time during which the real property, whether improved or otherwise is put to a use which is authorized by this conditional use permit. 11. A Certificate of Use and Occupancy shall be obtained prior to the occupancy of, or the operation of, any use of the Property. If applicable, the use approved by this conditional use permit shall not begin until a site plan is approved and fully implemented. If applicable, any landscaping component of the site plan shall be maintained in a healthy condition for the duration of the use authorized by this permit. 12. Violation of any of the above conditions or safeguards attached thereto shall be deemed a violation of the Zoning Ordinance, and, in addition, and notwithstanding any other provision of law, shall serve as grounds for revocation of the conditional use permit by City Council. 13. Notwithstanding any other provision of law, this conditional use permit is being approved due, in part, to the mitigating effects of each and every condition attached hereto; therefore, the conditions contained in this conditional use permit are not severable; in the event that any condition contained herein, or part thereof, is found by a court of competent jurisdiction to be invalid, unconstitutional, or otherwise unenforceable, then this conditional use permit shall be void and the use permitted by this conditional use permit shall cease. If this conditional use permit becomes void as a result of a condition or a part thereof, or conditions therein, being ruled invalid, unconstitutional or otherwise unenforceable, the property owner shall be afforded the right to reapply for a conditional use permit. 3  14. Notwithstanding any other provision of law, this conditional use permit is being approved due, in part, to the mitigating effects of each and every condition contained herein; as such, in the event an amendment to the zoning of the property described in Section (b) hereof is produced by a comprehensive implementation of a new or substantially revised Zoning Ordinance, the conditions imposed by the conditional use permit shall continue in effect. (d) That this conditional use permit shall be deemed to have been abandoned and shall be revoked: 1. If the construction of the improvements or occupancy authorized by this conditional use permit has not commenced within twenty-four (24) months of May 27, 2014, or, 2. In the event of the continuous nonuse of the property as herein permitted for a period of twelve (12) months. 4 E. Public Hearings 5. Ordinance Granting Zoning Text Amendment ZT-14-349, City of Newport News, to Amend City Code, Chapter 45, Zoning Ordinance; Article II., Definitions; Section 45- 201, Definition of Certain Words and Terms., to Add Assisted Living Facility, Congregate ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING ZONING TEXT AMENDMENT ZT-14-349, CITY OF NEWPORT NEWS, TO AMEND CITY CODE, CHAPTER 45, ZONING ORDINANCE; ARTICLE II., DEFINITIONS; SECTION 45-201, DEFINITION OF CERTAIN WORDS AND TERMS., TO ADD ASSISTED LIVING FACILITY, CONGREGATE. BACKGROUND: l This amendment adds the definition of Assisted Living Facility, Congregate, so they may be permitted in the City as a stand alone use not affiliated with a nursing home or convalescent home. l On May 7, 2014, the City Planning Commission voted unanimously 8:0 to recommend approval of this request. Vote on Roll Call For: Austin, Carpenter, Cherry, Jones, Mulvaney, Roberts, Simmons, Willis Abstention: None l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re ZT-14-349 City of NN Staff Report and CPC Meeting Minutes sdm12431 Sec. 45-201, Definition of certain words and terms (Assisted Living Facility, Congregate) sdm12431 ORDINANCE NO. ____________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., DEFINITIONS, SECTION 45-201, DEFINITION OF CERTAIN WORDS AND TERMS, BY ADDING THERETO THE DEFINITION OF ASSISTED LIVING FACILITY, CONGREGATE. WHEREAS, Section 45-201 of the Code of the City of Newport News, Virginia, contains the definition of certain words and terms used in the Zoning Ordinance of the City of Newport News, Virginia; and WHEREAS, the Newport News Planning Commission, in accordance with applicable law, has recommended an amendment, identified as ZT-14-349, to Section 45-201 which would add the definition of assisted living facility, congregate; and WHEREAS, the Council of the City of Newport News, after public notice and hearing as required by law, desires to approve the addition of the definition of assisted living facility, congregate in Section 45-201. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article II., Definitions, Section 45-201, Definition of certain words and terms, be, and the same hereby is, amended and reordained by adding the term assisted living facility, congregate, as follows: Assisted living facility, congregate. A congregate residential facility that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four (4) or more adults who are aged, infirm or disabled persons, with one (1) or more resident counselors or other staff persons and for which the Virginia Department of Social Services is the licensing authority. 2. That the rest and remainder of Section 45-201 shall not be affected by this amendment, shall remain effective as adopted, shall be deemed incorporated into this ordinance by reference as if fully set forth herein, and shall be deemed reordained hereby. E. Public Hearings 6. Ordinance Granting Zoning Text Amendment ZT-14-350, City of Newport News, to Amend City Code, Chapter 45, Zoning Ordinance; Article IV., Summary of Uses by District; Section 45-402; to Stipulate in which Districts Congregate Assisted Living Facilities will be Allowed ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING ZONING TEXT AMENDMENT ZT-14-350, CITY OF NEWPORT NEWS, TO AMEND CITY CODE, CHAPTER 45, ZONING ORDINANCE; ARTICLE IV., SUMMARY OF USES BY DISTRICT; SECTION 45- 402; TO STIPULATE IN WHICH DISTRICTS CONGREGATE ASSISTED LIVING FACILITIES WILL BE ALLOWED. BACKGROUND: l The amendment is needed to establish in which districts congregate assisted living facilities will be allowed by right, or with the approval of a conditional use permit. l The amendment recommends allowing the facilities in those districts to mirror how nursing homes are allowed in the City Code, with the addition of allowing them in the O1 Office District with a conditional use permit. l On May 7, 2014, the City Planning Commission voted unanimously 8:0 to recommend approval of the request. Vote on Roll Call For: Austin, Carpenter, Cherry, Jones, Mulvaney, Roberts, Simmons, Willis Abstention: None l The City Manager recommends approval. FISCAL IMPACT: Supporting Material CM Memo re ZT-14-350 City of NN Staff Report and CPC Meeting Minutes sdm12432 Sec. 45-402, Summary of uses by district sdm12432 ORDINANCE NO. ________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV., SUMMARY OF USES BY DISTRICT, SECTION 45-402, SUMMARY OF USES BY DISTRICT, BY AMENDING USE “C” ENTITLED HEALTH. WHEREAS, Section 45-402 of the Code of the City of Newport News, Virginia, contains a comprehensive listing of uses permitted by the Zoning Ordinance of the City of Newport News, Virginia, in a “matrix” format; and WHEREAS, the Newport News Planning Commission, in accordance with applicable law, has recommended an amendment, identified as ZT-14-350, to Section 45-402, Summary of Uses by District, which would add use “C.15. Assisted Living Facility, Congregate” to allow such use as a matter of right in the R7 Medium Density Multiple-Family Dwelling District, R8 High Density Multiple-Family Dwelling District, R9 Mixed Use District, O2 Office Park District, C1 Retail Commercial District, C2 General Commercial District, and C3 Regional Business District and by conditional use permit in the R5 Low Density Multiple-Family Dwelling District, the O1 Office District, and C4 Oyster Point Business District; and WHEREAS, the Council of the City of Newport News, after public notice and hearing as required by law, desires to approve the proposed use in the above referenced zoning districts. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 45, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article IV., Summary of Uses by District, Section 45-402, Summary of Uses by District, be, and the same hereby is, amended and reordained by adding use “C.15. Assisted Living Facility, Congregate” to allow as a matter of right in the R7 Medium Density Multiple-Family Dwelling District, R8 High Density Multiple-Family Dwelling District, R9 Mixed Use District, O2 Office Park District, C1 Retail Commercial District, C2 General Commercial District, and C3 Regional Business District and by conditional use permit in the R5 Low Density Multiple-Family Dwelling District, the O1 Office District, and C4 Oyster Point Business District. 2. The rest and remainder of Section 45-402 shall not be affected by this amendment, shall remain effective as adopted, shall be deemed incorporated into this ordinance by reference as if fully set forth herein and shall be deemed reordained hereby. F. Consent Agenda 1. Minutes of the Work Session of May 13, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Work Session of May 13, 2014 F. Consent Agenda 2. Minutes of the Special Meeting of May 13, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Special Meeting of May 13, 2014 F. Consent Agenda 3. Minutes of the Regular Meeting of May 13, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Regular Meeting of May 13, 2014 G. Other City Council Actions 1. Resolution Authorizing the City Manager to Execute a Temporary, Non-exclusive Revocable License Agreement (TNRLA) between the City and Metro Fiber Networks, Inc., ("Metro") to Construct and Maintain Telecommunications Facilities in the City ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY, NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT (TNRLA) BETWEEN THE CITY AND METRO FIBER NETWORKS, INC., ("METRO") FOR USE OF CITY PROPERTY OUTSIDE OF THE PUBLIC RIGHT-OF-WAY, PUBLIC STREETS, OR PUBLIC WAYS TO CONSTRUCT AND MAINTAIN TELECOMMUNICATIONS FACILITIES. BACKGROUND: l Metro has requested the right to install underground conduit containing fiber optic cable on City property in order to establish a fiber optic network. l The Commonwealth of Virginia adopted legislation regarding public rights-of-way and telecommunication facilities. l This Agreement covers only the use of City property outside of the public right-of-way, public streets, or public ways. l The City is agreeable to allowing Metro to use the property subject to certain terms and conditions. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material sdm12563 Reso for TNRLA to Metro for Fiber Optic Facilities G. Other City Council Actions 2. Resolution Authorizing the City Manager to Execute an Agreement between the City and Metro Fiber Networks, Inc., (“Metro”), Allowing Metro to Obtain Easements ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZNG THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND METRO FIBER NETWORKS, INC., ("METRO"), ALLOWING METRO TO OBTAIN EASEMENTS TO PROVIDE THE CITY WITH CONDUITS FOR A FIBER OPTIC NETWORK WITHIN THE CITY. BACKGROUND: l Metro seeks to create a fiber optic network within the City. l The preferred path will be across City right-of-way, City-owned property that is not public right-of-way, and through waterline easements held by the City on private property, where permitted. l Metro intends to obtain necessary easements to provide the City with conduits for a future fiber optic network within the City. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material sdm12562 Reso Authorizing Agreement between Metro Fiber Networks, Inc and City G. Other City Council Actions 3. Resolution Approving the Fiscal Year 2014-2015 Consolidated Housing and Community Development Annual Action Plan ACTION: A REQUEST TO APPROVE A RESOLUTION APPROVING THE CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT ANNUAL ACTION PLAN FOR THE CITY, INCLUDING THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP FUNDS (HOME) FOR FISCAL YEAR 2014-2015 AND CERTIFICATIONS. BACKGROUND: l The Consolidated Plan for Housing and Community Development Annual Action Plan requires the approval of City Council. l A similar document is approved annually and identifies the City's needs for housing and community development, the resources available to meet the needs and the priorities for directing those resources. l This document is required by the U.S. Department of Housing and Urban Development (HUD), and must be approved by that agency for the City to receive CDBG and HOME funds each year. l The Annual Action Plan includes the proposed use of funds for the upcoming FY 2014-2015 and includes HUD entitlement funding and program income for both CDBG and HOME. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re FY14-15 Housing Action Plan Attachment 1 Attachment 2 Attachment 3 sdm12529 Approving the Consolidated Plan for Housing and Community Development sdm12529 RESOLUTION NO. ____________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS APPROVING THE CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT ANNUAL ACTION PLAN FOR THE CITY OF NEWPORT NEWS INCLUDING THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME FUNDS AND CERTIFICATIONS FOR FISCAL YEAR 2014-2015 AND AUTHORIZING SUBMISSION OF THIS PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires the City of Newport News to prepare and submit an Annual Action Plan Update (“Action Plan”) to the Five-Year Consolidated Housing and Community Development Plan for the City of Newport News; and WHEREAS, the Five Year Plan approved by City Council on April 27, 2010 identifies the City’s overall needs for community development and affordable and supportive housing and outlines the strategies to address those needs over a five year time frame; and WHEREAS, the Action Plan includes the Projected Use of Community Development Block Grant and HOME Grant Funds for FY 2014-2015, Certifications and other HUD requirements; and WHEREAS, the City has been informed by the Department of Housing and Urban Development that it will provide the City of Newport News Community Development Block Grant funds in the amount of $1,135,783 and HOME funds in the amount of $640,696 for the fiscal year ending June 30, 2015 to carry out eligible Community Development Block Grant and HOME activities; and WHEREAS, additional funds in the amount of $240,000 will be available as general program income as part of the Community Development Block Grant program; and WHEREAS, funds in the amount of $239,580 will be available as other program funds not previously budgeted to be utilized as part of the Community Development Block Grant Program; and WHEREAS, funds in the amount of $160,000 are anticipated to be available as program income to be utilized as part of the HOME Program; and  WHEREAS, the City has budgeted $100,000 in local funds to be combined with other funds to meet the HOME match obligation for FY 2014-2015; and WHEREAS, the Council of the City of Newport News has received an Executive Summary of the Action Plan, had the opportunity to review the complete document, and has confirmed that said Plan has been available for public review and that required public meetings were held to assure citizens an opportunity to comment on the Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News that: 1. The City Manager is authorized to file with the United States Department of Housing and Urban Development the Action Plan that includes the Projected Use of Community Development Block Grant and HOME Funds and Certifications for FY 2014-2015 as required by the Guidelines for Preparing a Consolidated Strategy and Plan Submission for Housing and Community Development Programs. 2. The City Manager is hereby designated as the authorized representative of the City of Newport News and is directed to act as such representative in connection with the Action Plan and to provide such additional information as may be required, and to execute any and all documents in conjunction therewith. 3. The City Manager is authorized to execute sub-recipient and administrative contracts with the Newport News Redevelopment and Housing Authority to administer the Community Development Block Grant and HOME Programs as approved for FY 2014- 2015 subject to funding approval by the United States Department of Housing and Urban Development and contract review and approval by the City Attorney. 4. The City Manager is authorized to execute a contract(s) with the Newport News Redevelopment and Housing Authority and/or any of its subsidiaries as an owner/developer of single family homes under the first-time homebuyer program or for multi-family developments if such developments are deemed appropriate for such ownership and agreed upon by the City Manager, Director of Development and Executive Director of the Newport News Redevelopment and Housing Authority after contract review and approval by the City Attorney. 5. The City Manager is authorized to execute an extension of the existing contracts with the Newport News Redevelopment and Housing Authority to continue to administer the FY 2013-2014 activities should FY 2013-2014 activities remain open after July 1, 2014. 6. The City Manager is authorized to execute an extension agreement with the Newport News Redevelopment and Housing Authority for the administration of the Newport News Urban Development Action Grant Loan Program for FY 2014-2015 subject to the review and approval by the City Attorney. 7. This resolution shall be in effect on and after the date of its adoption, May 27, 2014. G. Other City Council Actions 4. Ordinance Authorizing an Encroachment on City Right-of-Way and Authorizing the City Manager to Execute an Encroachment Agreement between the City and Brookridge Apartments, L.L.C., for a Proposed Fence ACTION: A REQUEST TO APPROVE AN ORDINANCE AUTHORIZING AN ENCROACHMENT UPON A CITY RIGHT-OF-WAY KNOWN AS MADISON AVENUE, APPROXIMATELY 116-FEET SOUTH OF ITS INTERSECTION WITH NANSEMOND DRIVE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT BETWEEN THE CITY AND BROOKRIDGE APARTMENTS FOR A PROPOSED FENCE. BACKGROUND: l The Madison Avenue right-of-way is currently closed adjacent to 5014 and 5015 Madison Avenue. l Brookridge Apartments proposes an ornamental fence along the drainage swale. l Once approved, the apartment management company will obtain a permit to install the fence. FISCAL IMPACT: l No financial contribution from the City is required. l Maintenance will be provided by Brookridge Apartments. l The City Manager recommends approval. Supporting Material CM Memo re Encroachment Agrmnt for Brookridge Apts Location Map Brookridge Apartments sdm12496 Ord Authorizing Encroachment Agreement re Brookridge Apartments LLC H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Department of Public Utilities (Waterworks) – Capital Improvements Plan (CIP): Environmental Mitigation Services for Phase III of the Lee Hall Reservoir Dam Improvements Project – $2,233,600 H. Appropriations 1. Department of Public Utilities (Waterworks) – Capital Improvements Plan (CIP): Environmental Mitigation Services for Phase III of the Lee Hall Reservoir Dam Improvements Project – $2,233,600 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $2,233,600 FOR ENGINEERING AND ENVIRONMENTAL MITIGATION SERVICES FOR PHASE III OF THE LEE HALL RESERVOIR DAM IMPROVEMENTS PROJECT. BACKGROUND: l Phase III will consist of construction inspection services, prequalification of potential bidders, design of stream mitigation compensation, purchase of wetland credits from an approved bank, and compliance monitoring/reporting. l The primary justification for this project is to bring the Lee Hall Dam structures into full compliance with the Virginia Department of Conservation and Recreation regulations. l Secondary benefits will include increase capacity to safely discharge significantly higher storm flows. l It is estimated that it will take approximately 24 months for the process, construction, and improvements associated with this next phase. FISCAL IMPACT: l This project has been identified in the Waterworks Capital Improvements Plan (CIP) budget. l The City Manager recommends approval. Supporting Material CM Memo re Lee Hall Dam PhIII Project sdm12567 Appropriation re Lee Hall Reservoir Dam Project-Phase III sdm12567 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BOND PROCEEDS GO BONDS TO ENGINEERING, WW STREAM MITIGATION DESIGN, WW ENG WETLAND MITIGATION AND CONTINGENCIES. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bond Proceeds GO Bonds to Engineering, WW Stream Mitigation Design, WW ENG Wetland Mitigation and Contingencies, as follows: Appropriation From: Bond Proceeds GO Bonds 6001-600-41-0000-400100-000000- 0000-00000 $ 2,233,600.00 Appropriation To: Engineering 6001-600-41-4173-579708-417337-0000- 00000-P2002 $ 1,441,100.00 WW Stream Mitigation Design 6001-600-41-4173-579707-417332-0000- 00000-P0310 $ 231,500.00 WW ENG Wetland Mitigation 6001-600-41-4173-579703-417332-0000- 00000-P0310 $ 351,000.00 Contingencies 6001-600-41-4173-579700-417337-0000- 00000-P2002 $ 210,000.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Coleman Price Scott Vick Whitaker Woodbury Bateman K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER “CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL.”