NOVEMBER 28, 2006 MINUTES
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL
MAYOR MEYERA E. OBERNDORr~ At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. "Bill" DESTEPH, At-Large
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. "Bob" DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY COUNCIL AGENDA
C17Y MANAGER - JAMES K. SPORE
CITY A7TORNEY - LESLIE L. LILLEY
C17Y CLERK - RUTH HODGES SMITH, MMC
28 November 2006
I.
CITY MANAGER'S BRIEFING
- Conference Room -
3:00 PM
1. CLASS ACTION - GRIP
Robert Kipper - Director of Class Action, Office of the Attorney General
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
Conference Room
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
Council Chamber
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend William Dyson
Pastor, Mount Zion AME Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICA TION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
November 14, 2006
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCESIRESOLUTION
1. Ordinances to AMEND the City Code to comply with the State Code:
a. REPEAL 9913-16 through 13-22 re Food Handler's Cards superseded by a Food Service
Manager's Certification
b. REORDAIN 916-39 re Spot Blight Abatement definition
2. Ordinance to AUTHORIZE the City Manager to enter into agreements for the purchase and
acquisition ofland and buildings and to TRANSFER and ACCEPT a Grant in the establishment
of a capital project entitled "Colonial Education Center Construction and Property Acquisition"
re Lynnhaven House
3. Resolution to RENAME the Shore Drive Advisory Committee to Bayfront Advisory Committee
and EXTEND its service to June 30, 2009
J. PLANNING
1. Variance re lot size to 94.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirement ofthe City Zoning Ordinance (CZO) for JAMES L. and EDYTH
A. PAXTON and CAROLYN P. JOYNER at 2821 North Landing Road. (DISTRICT 7 -
PRINCESS ANNE)
STAFF RECOMMENDATION:
PLANNING COMMISSION RECOMMENDATION:
DENIAL
APPROVAL
2. Applications for Modification of Conditions re Conditional Use Permits
a. RICHMOND 20MHz, LLC dba NTELOS to allow a 10-foot extension of a
communications tower with a maximum height of one hundred (100) feet at 2100 McComas
Way (approved by City Council August 14,2001) (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
b. PHILLIPS MOTORS OF VIRGINIA BEACH, INe. to allow an additional reception area
and expand the rear ofthe building from one to two stories re an automobile sales facility at
4980 Virginia Beach Boulevard (approved by City Council on November 9, 2004)
(DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
3. Application of JAMES E. and VIRGINIA L. OWENS to DELETE Proffer No.1 and
MODIFY Proffer No.2 to allow continued use of the property known as the "Carraway House"
as a real estate office and retail shop at 317 South Witchduck Road (approved by City Council
January 14, 1980) (DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
4. Application ofT-MOBILE NORTHEAST, LLC for a Conditional Use Permit re a 120- foot
communications tower to accommodate three (3) wireless carriers at 1200 Communications
Circle (DISTRICT 4-BA YSIDE)
RECOMMENDATION:
APPROVAL
5. Application of FF ACQUISITION, LLC for a Conditional Use Permit re fuel sales and a
canopy over the fuel pumps for public convenience adjacent to the Farm Fresh at 1021
Independence Boulevard (DISTRICT 4-BA YSIDE)
RECOMMENDATION:
APPROVAL
6. Application of KEMP ENTERPRISES, INC. for a Chanf!e ofZoninf! District Classification
from R-5D Residential Duplex to Conditional A-24 Apartment re multi family dwellings at
Kenley and Bonney Roads (referred back to the Planning Commission by City Council on
September 12, 2006) (DISTRICT 2- KEMPSVILLE)
RECOMMENDATION:
APPROVAL
K. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS (BZA)
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD (CSB)
EMPLOYEE BENEFITS TASK FORCE
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA)
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
PLANNING COMMISSION
WETLANDS BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF VOTES - November 7, 2006 General Election
Congressional Election
N. ADJOURNMENT
CITY COUNCIL SESSIONS SCHEDULE
JANUARY 2007
COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007
REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16,2007
THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
* * * * * * * * * * *
Agenda 11/28/06 stlmb
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
28 November 2006
Mayor Meyera E Oberndorf called to order the City Manager's Briefing re ATTORNEY GENERAL'S
GANG REDUCTION INTERVENTION PROGRAM (GRIP) CLASS ACTION in the City Council
Conference Room, City Hall, on Tuesday, November 28, 2006, at 3:00.M.
Council Members Present:
William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson
and James L. Wood
Council Members Absent:
Harry E. Diezel
[Entered: 5:00 P.M. - Doctor's appointment for tests]
November 28, 2006
- 2 -
CITY MANA GER 'S BRIEFING
ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP)
CLASS ACTION
3:00 P.M.
ITEM # 55812
Councilman DeSteph introduced Robert Kipper, Director of Class Action, Office of the Attorney General
Robert McDonnell, to discuss the Attorney General's Gang Reduction Intervention Program (GRIP).
Mr. Kipper formerly was a Newport News Police Officer for twenty-five (25) years. Mr. Kipper
introduced two representatives of Attorney General Robert McDonnell's Tidewater region office in
attendance: Holly Cuellar, Deputy Scheduler and Erika Fischer, Community Outreach Coordinator.
Attorney General McDonnell is very concerned with the plight of gangs and drugs as well as the spread
of violence throughout Virginia. Thus, the Attorney General supports several key programs, The growth
of gangs is a national trend. According to the United States Justice Department, there are at least 21,500
organized gangs in the United States encompassing 731,500 members. This is not a law enforcement
problem, but rather a community problem. Mr, Kipper complimented the leadership in the City's
extremely professional Police Department. The leadership understands the problem cannot solely be
solved by law enforcement. There must be a comprehensive strategy developed within the community.
While gang membership is purely defined by law, gang culture (clothing, entertainment and speech) is
!!!!.!:.. This culture is a growing trend for teens. Mr. Kipper distributed materials utilized in the program
and printed in Norfolk by Liskey and Sons Printing. Terry Liskey was in attendance.
The Class Action Program was developed in the Summer of 1995 under the leadership of Jerry Kilgore,
while he served as Secretary of Public Safety under Governor George Allen. In the Spring of 1996, the
program was piloted to four thousand (4,000) eight and eleventh grades in Newport News with very
positive results. In the Fall of 1996, the program was implementedfor use across Virginia.
Program Advantages
All training and material is provided at no cost to the localities by the Office of the
Attorney General
Approved by the Virginia Department of Education
Meets Virginia's Standards of Learning (SOL) requirements in civics and government
Strengthens the law enforcement/school partnership
Provides positive student interaction in a timely subject
Program is flexible for scheduling purposes
Provides a positive presentation message for localities
Provides a welcome addition to existing programs
The program is flexible for school officers' use.
Under criminal law, in Virginia, if another individual's property is destroyed by a teen, parents could be
forced to pay reimbursement up to $2500. According to the State Code, abusive language is a Class III
misdemeanor.
November 28, 2006
- 3 -
C IT Y MANA G E R ~S B R IE FIN G
ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP)
CLASS ACTION
ITEM # 55812 (Continued)
Gang Education and Prevention Program
Primary Goals: Gang Prevention Program
Increases law enforcement involvement in youth gang prevention across Virginia
Provides appropriate agenda appropriate information for students in the important
areas of identifying and resisting youth gang involvement
Informs academic of new and existing legislation concerning gang related activity
Provides necessary training, material and technical support for localities to implement
and conduct the program
The program developed was "Gangs in Virginia, Your Friends, Your Choices". Booklets were
distributed to Elementary, Middle and High Schools. Elementary age children are recruited across the
United States, to join criminal street gangs. Mr. Kipper referenced the program components of the age
appropriate booklets,
anJ!s In lr/(lma: our nen s, our Olces
Elementary School Edition - Grades 4 and 5 Lessons include:
Provides law related education concerning gang Choosing Friends
activity throu~h a~e approoriate scenarios
Features new and existing gang legislation Facts About Gangs
Provides a focus on the importance of choosing How to Identify Gangs
positive friends
Features a colorful interactive student workbook How to Resist Ganfls
Provides for flexible learning styles Tagging, Trashing and Graffiti
Teaches personal responsibility Bullying
G
'JIi' ,. y, P,' d Y,
Ch '
anJ!s In lr/(lma: our nen s, our Olces
Elemental1' School Edition - Grades 6-8 Lessons include:
Provides age appropriate middle school situations Choosing Friends
Situations are centered around Virginia legislation Facts About Gangs
Program features age appropriate colorful student How to Identify Gangs
workbook
Teaches decision-making skills How to Resist Gan~s
Teaches personal responsibility Tagging, Trashing and Graffiti
Provides for flexible learninJ! styles Bullyinfl
G
. JIi' .. y, p' d Y,
Ch .
November 28, 2006
- 4-
CITY MANA GER 'S BRIEFING
ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP)
CLASS ACTION
ITEM # 55812 (Continued)
Gan s in Vir inia: Your Friends, Your Choices
Elementa School Edition - Grades 9-12 Lessons include:
Provides a e a ro riate hi h school situations Choosin Friends
Situations are centered around Virginia legislation Facts About Gangs
Program features age appropriate colorful student How to Identify Gangs
workbook
Teaches decision-making skills
Teaches ersonal res onsibility
Provides for flexible learning styles
A ParentlTeacher's Guide
Provides parents and teachers with timely
information regarding gangs
Situations are centered around Vir inia Ie islation
Provides resources for parents and teachers to help
revent an involvement amon their kids
Provides information on Virginia's gang laws
What Parents and Teachers Can Do to Prevent
Gan Involvement
Virginia Gang Legislation
The Attorney General's office relies heavily on the intelligence of the local Police Departments, who are
the experts regarding gangs in their areas, The Class Action Program is provided without cost to the
localities. The only expense entailed is that of the law enforcement officials' time utilized providing
informational programs to students. Mr, Kipper extended appreciation to the United States Department
of Justice COPS (Community Oriented Policing Services) office for underwriting this program. These
programs are utilized by one hundred thirty-four (134) localities in the State of Virginia. The Class
Action Program is not limited to schools.
Mr. Kipper referenced the second program and distributed a pamphlet entitled "GRIP" (Gang
Reduction and Intervention Program) on Gangs. In 2003, the State of Virginia received a sizeable
Federal Grant of $2.3-MILLION from the United States Department of Justice. Four (4) cities in the
United States (Milwaukee, Wisconsin, Richmond, Virginia, Los Angeles, California, and, North Miami
Beach) had received grants to ascertain a strategy concerning the gang problems. Mr. Kipper was
assigned as Manager of the GRIP Program. The Department of Justice instructed the representative
Managers to structure a Comprehensive Plan in their individual communities regarding the
implementation of this program and its effect on the community. This program works closely with the
faith based community, citizens and other community groups. Representatives of the Boys and Girls
Clubs, Parks and Recreation and the YMCA met concerning proven intervention methods. Focus was on
the two (2) main issues of accountability and sustain ability. The representatives met with the Police
Department concerning issues related to enforcement. Individuals return to the community after
incarceration, many without job skills. A GED and job connection is necessary. These individuals are
now being afforded this opportunity. South Richmond was targeted. After one year of operating this
program, crime has decreased by thirty-five (35%) percent. Aggravated assault has decreased eighty-
three (83%) percent. Property crime has decreased thirty-one (31%) percent; robbery - forty-four
(44%) percent, major crime - thirty (30%) percent and homicide - eighty-five (85%) percent.
November 28, 2006
- 5 -
C IT Y MANA G E R 'S B R IE FIN G
ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION PROGRAM (GRIP)
CLASS ACTION
ITEM # 55812 (Continued)
During the period of one year, the City of Richmond has gone from the Fifth most dangerous City in
Virginia to the Fifteenth.
Mayor Oberndorf advised she attended a seminar in Portland, Oregon. Reference was made to younger
people moving from California and establishing "hoods ". The gangs followed the affluent areas to sell
their drugs. Mr. Kipper advised this is a trend as the gangs' choice of enterprise is "drug trafficking".
Mr. Kipper also referenced concern with Internet safety i.e. the utilization of the Internet for gang
recruitment.
Police Chief A,M Jacocks advised the Class Action program has been presented in the City's public
schools for two (2) years. A number of initiatives focused on enforcement has commenced, and now is in
the intervention stage. The City of Virginia Beach has been the "safest" city of its size for approximately
fourteen (14) years. The School Resource Police officers are presenting the Class Action program.
Councilman Dyer referenced the troubled community of Level Green in his representative District. A
shooting occurred last night and apparently involved gangs. A disturbing e-mail from the President of the
Level Green Civic League was received re ongoing crime. A Police Substation was located in Level
Green but has now closed. The Police Department is stretched to the limit in the Fourth Precinct. Chief
Jacocks advised re the impact of crime on tourism and economic development: there are eight hundred
seventeen (817) authorized police positions with approximately thirty (30) vacancies. An Academy is
currently in session and will graduate in January, with another Academy commencing in January. The
City has 1.9 Police Officers for every 1,000 residents. The City of Norfolk has 3.2 Police Officers for
every 1,000 residents and their crime rate is higher than Virginia Beach. Chief Jacocks advised
COMSTAT (Computer Statistics) is a program adopted approximately two (2) years ago. This program
basically analyzes crime statistics and redeploying resources based upon computerized crime analysis, A
monthly COMSTAT meeting is conducted and attended by Chief Jacocks, Deputy Chiefs, all the Precinct
Commanders and some of their staff. Chief Jacocks invited Council Members to attend. The
investigation of the shooting in Level Green is still in the early stages. This area generates more calls for
service than some other portions of the City. Deputy Chief James A. Cervera advised the next
COMSTAT meeting will be conducted December 14, 2006, at 9:30 A.M, Advanced Technical Center
Auditorium.
Councilman Villanueva expressed appreciation to Chief Jacocks for his assistance with the problems
experienced over the Summer by the Philippine Cultural Center and educating the community
organizations re gang activities. Chief Jacocks advised a Parent Summit re gang issues will be scheduled
for February.
November 28, 2006
- 6 -
CITY COUNCIL COMMENTS
4:12 P.M.
ITEM # 55813
Council Lady Henley introduced Spencer Geiger, a very fine young man and student at Tal/wood High
School, participating in the Global Studies and World Language Academy. Spencer accompanied
Council Lady Henley as part of his International Careers Class, Spencer aspires to be a politician.
4:30 P.M.
ITEM# 55814
Council Lady McC/anan referenced a map in the City Council's Agenda package concerning Verizon
depicting service in the Northern portion of the City.
Deputy City Attorney Macali advised the new State Code Sections, adopted by the 2006 General
Assembly, allows cable companies to designate areas of the City in which they will provide service.
When Cox obtained its franchise in the late 1970 's, this was not required. Verizon can say, after forty-
five (45) days of negotiation, if a final Franchise Agreement has not been granted, an operator can give
thirty (30) days notice to a locality that it intends to commence service. The proposed provider can ask
for an Ordinance Franchise, in which a locality just grants a Franchise without negotiation. The State
Code strictly limits what a locality can state in an Ordinance Franchise. The Code also allows continued
negotiation, which Verizon is requesting. Verizon can commence service on December Twenty-second,
having provided the thirty (30) day notice. The Franchise will apply retroactively when adopted, so
Verizon will owe the Franchise Fees, Public Educational and Governmental Channel Fees. Verizon's
business plan calls for extension to other areas beyound the initial service area.
Council Lady McClanan expressed concern re the lines not being installed underground. Deputy City
Attorney Macali advised as a general law, the City cannot require anyone to bury their lines
underground. Generally in the Franchises, where there is a road project and the lines are underground,
utilities must do so at their own expense. The City Council will be briefed in depth on the Verizon
Franchise.
ITEM # 55815
Council Lady Henley referenced the discussion of the allocation of the Year-End Fund Balance. The City
Manager advised the final rankings in chronological order and the listing of the Year-End Fund Balance
(with City Council's requests) shall be distributed in City Council's agenda package on Friday,
December 1, 2006.
ITEM # 55816
Mayor Oberndorf referenced detailed correspondence from Linda L. Myers, a resident of Tarleton
Oaks Condominiums (an established community). A compost facility was built "literally" in their back
yard and near Tallwood Elementary School. Hydrogen sulfide, a poisonous gas, was identified. The
entire neighborhood smelled of "roUen" eggs. The property is owned by the City and part of the City's
landfill. This involves a corner of the property not in use for the normal land filling operations and which
has been leased to SPSA for the purpose of the composting operations. The resident is blaming various
health problems on this facility as she already suffers from multiple chronic illnesses and is requesting
the City purchase her home ($300,000). Mayor Oberndorf requested the City Attorney review this
complaint..
November 28, 2006
- 7 -
AGENDA RE VIE W SESION
4:15 P.M.
ITEM # 55817
1. Ordinances to AMEND the City Code to comply with the State Code:
b. REORDAIN 916-39 re Spot Blight Abatement definition
Andrew Friedman, Director - Housing and Neighborhood Preservation, advised during the 2006
General Assembly Session, the Virginia statutes providing the authority for the City to declare properties
"blighted" and requiring property owners abate the blight were amended. In order for the City to
continue to operate the Spot Blight Abatement program, the City must amend the City Code to reflect the
changes to the Virginia Code. The significant changes to the ordinance are more details regarding the
owner of property, their notification and a new definition of "blighted property" that is less broad than
before,
ITEM # 55818
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
I. ORDINANCESIRESOLUTION
1. Ordinances to AMEND the City Code to comply with the State Code:
a. REPEAL 9913-16 through 13-22 re Food Handler's Cards superseded by a
Food Service Manager's Certification
b. REORDAIN 916-39 re Spot Blight Abatement definition
2. Ordinance to A UTHORlZE the City Manager to enter into agreements for the
purchase and acquisition of land and buildings and to TRANSFER and
ACCEPT a Grant in the establishment of a capital project entitled "Colonial
Education Center Construction and Property Acquisition" re Lynnhaven House
3. Resolution to RENAME the Shore Drive Advisory Committee to Bayfront
Advisory Committee and EXTEND its service to June 30, 2009
November 28, 2006
- 8 -
AGENDA RE VIE W SESSION
ITEM # 55819
1. 6. Application of KEMP ENTERPRISES, INC. for a Chanf!e of Zoninf! District
Classification from R-5D Residential Duplex to Conditional A-24 Apartment re multi-
family dwellings at Kenley and Bonney Roads (referred back to the Planning
Commission by City Council on September 12, 2006) (DISTRICT 2- KEMPSVILLE)
Stephen 1. White, Planning, advised the sale of condominiums would be approximately $250,000,
classified as affordable. The applicant is required to install turn-lanes on the front of the property at
Bonney Road. Road improvements are being accomplished for the Cornerstone project across the street
(former Wedgwood Trailer Park) and will be in conjunction with this application re the turn lanes.
Robert Scott, Director -Planning, advised information will be provided during the Formal Session. Vice
Mayor Jones was concerned whether the applicant would be required to widen Bonney Road on their
side,
Council Lady McClanan expressed concern re extension of sewers, increased use of lights and other
improvements by the applicant.
This item will be discussed during the Formal Session.
ITEM # 55820
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda:
1. PLANNING
I. Variance re lot size to s4.4(b) of the Subdivision Ordinance that requires all newly
created lots meet the requirement of the City Zoning Ordinance (CZO) for JAMES
L, and EDYTH A. PAXTON and CAROLYN P. JOYNER at 2821 North Landing
Road. (DISTRICT 7 - PRINCESS ANNE)
2. Applications for Modification of Conditions re Conditional Use Permits
a. RICHMOND 20MHz, LLC dba NTELOS to allow a 10-foot extension of a
communications tower with a maximum height of one hundred (J 00) feet at 2100
McComas Way (approved by City Council August 14, 2001) (DISTRICT 7 -
PRINCESS ANNE)
b. PHILLIPS MOTORS OF VIRGINIA BEACH, INC. to allow an additional
reception area and expand the rear of the building from one to two stories re an
automobile sales facility at 4980 Virginia Beach Boulevard (approved by City
Council on November 9, 2004) (DISTRICT 4 - BAYSIDE)
3. Application of JAMES E. and VIRGINIA L. OWENS to DELETE Proffer No.1
and MODIFY Proffer No.2 to allow continued use of the property known as the
"Carraway House" as a real estate office and retail shop at 317 South Witchduck
Road (approved by City Council January 14, 1980) (DISTRICT 2 - KEMPSVILLE)
November 28, 2006
- 9-
AGENDA RE VIE W SESSION
ITEM # 55820 (Continued)
4. Application of T-MOBILE NORTHEAST, LLC for a Conditional Use Permit re a
120- foot communications tower to accommodate three (3) wireless carriers at 1200
Communications Circle (DISTRICT 4-BAYSIDE)
5. Application of FF ACQUISITION, LLC for a Conditional Use Permit re fuel sales
and a canopy over the fuel pumps for public convenience adjacent to the Farm Fresh
at 1021 Independence Boulevard (DISTRICT 4-BAYSIDE)
Council Lady Henley will vote a VERBAL NAY on Item J.5, (FF ACQUISITION, LLC) due to the
inadequate size of the parking lot,
November 28, 2006
- 10-
ITEM # 55821
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration 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)(l)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2,2-3711 (A)(3),
Acquisition/Disposition of Property: Centerville District
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION (4:38.M.).
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
[Entered: 5:00 P.M. - Doctor's appointment for tests]
(Closed Session: 4:40 P.M. - 5:45 P.M.)
(Dinner: 5:45 P.M. - 6:00 P.M.)
November 28, 2006
- 11 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 28, 2006
6:00 P.M.
Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 28, 2006, at 6:00 PM,
Council Members Present:
William R. "Bill" DeSteph, Harry E, Diezel, Robert M. Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend William Dyson
Pastor, Mount Zion AME Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifYing any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
November 28, 2006
- 12 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 55822
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, 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: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E, Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
RJESOLUTION
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 # 55821 Page 10) and in accordance with me provisions of The
Virginia Freedom of Information A~ 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.
NOJtY, THEREFORE, BE IT RESOL VEL>. 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 Smith) MMC
City Clerk
November 28, 2006
- 13 -
Item V-F.J.
MINUTES
ITEM #55823
Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of November 14, 2006.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Abstaining:
James L. Wood
Council Members Absent:
None
Councilman Wood ABSTAINED as he was not in attendance during the City Council Session of
November 14, 2006. His wife was undergoing surgery,
November 28, 2006
- 14 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #55824
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 28, 2006
- 15 -
Item V.I.
ORDINANCES/RESOLUTION
ITEM #55825
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Ordinances/Resolution la/b, 2 and 3 of the CONSENT AGENDA
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M, Dyer, Barbara M,
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
- 16 -
Item V.I.J.
ORDINANCES/RESOLUTION
ITEM #55826
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances to AMEND the City Code to comply with the State Code:
a. REPEAL $$13-16 through 13-22 re Food Handler's Cards superseded by a
Food Service Manager's Certification
b. REORDAIN $16-39 re Spot Blight Abatement definition
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
1
2
3
4
5
6
7
8
AN ORDINANCE TO REPEAL CITY CODE
SECTION 13-16 THROUGH 13-22,
PERTAINING TO FOOD HANDLER'S CARDS
FOR RESTAURANT EMPLOYEES
Section Repealed: City
Sections 13-16 to 13-22
Code
9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10
BEACH, VIRGINIA:
11
That Sections 13-16 to 13-22 of the City Code be, and
12 hereby are, repealed:
13
Chapter 13 FOOD AND FOOD ESTABLISHMENTS
14 ARTICLE II. FOOD H.~LER' S CMID FOR RESTl\.UR"\NT EUPLOYEES
15 See. 13 16. Defini..tion.
16
For the purpooeo of thio .:trticle, the ".:ord "reot.:tur.:tnt "
17 oh.:tll ffie.:tn .:tnd include .:tny reot.:tur.:tnt, coffee ohop, c.:tfeteri.:t,
18 ohort order c.:tfe, delic.:tteooen, luncheonette, hotel dining rOOffi,
19 t.:t7ern, b.:tr, o.:tnd".:ich ohop, ood.:t fount.:tin, ice cre.:tffi p.:trlor,
20 mobile or port.:tble food oecvTice truck, c.:tr, v.:tn or tr.:tiler .:tnd
21 .:tny other public e.:tting or drinking eot.:tbliohment or food
22 oer7ice .:tre.:t or ot.:tnd or public 7endor of food, by ~h.:ttever n.:tme
23
c.:tlled,
excluding 7ending ffi.:tchineo,
but including c.:ttering
24
oer7iceo,
the
dining
.:tccommod.:ttiono
of
clubo,
.:tll
ot.:tte
25 inotitutiono .:tnd ochoolo .:tnd collegeo, both public .:tnd pri7.:tte.
26 Soe. 13 17. E][cmp'tion from artiele.
27
Thio ~rticle oh~ll not ~pply to f~cilitieo of public
28 oer;ioe oorpor~tiono under the juriodiction of the ot~te
29 corpor~tion eommiooion or to the employeeo of ouch f~oilitieo.
30 Seo. 13 18. Violations of artiolo.
31 ^ny peroon found to be in viol~tion of thio ~rticle oh~ll
32 be guilty of ~ Cl~oo 1 rniodeme~nor. E~ch d~y th~t ouch ~
33 viol~tion exioto oh~ll conotitute ~ oep~r~te offenoe.
34 Seo. 13 19. Required.
35
(~)
It oh~ll be unl~\:ful for ~ny peroon, \..hooe dutieo or
36 ~ctiono ~t ~ny time include the prep~r~tion or oerving of food,
. , "" ~""e,.j1...1e+-s +-0 '..'o~k in or be
37 bever~geo, lce cre~m or oimi~~~ ~~ ~w ~, t ~
38 El 13 t t tl:R:J:ess ~nd until ouch peroon h~o
employe y ~ reo ~ur~n, .~-----
39 obt~ined ~nd h~o in hiD poooeooion, r,:hile on the premioeo, ~
40 v~lid food h~ndler'o c~rd iooued by the director of public
41 he~lth.
42
(b)
The o'.:ner ~nd m~n~ger of ~ reot~ur~nt oh~ll require
1-. . 1-. ,.j +-' "" ae+- "-ens a+- ~~.,! time
43 every employee tuereln, ,:11ooe ~U~leo o~ ~.:. u ~ rI.1
44 inolude the prep~r~tion or oerving of food, bever~geo, ice cre~m
45 or oirnil~r producto, to obt~in ~nd h~ve in hiD poooeooion, ~hile
, ~ TyT~' ~,.j +oo,.j 1-.~~,.j'e~' 0 o~rd iooued by..' the
46 on the preffiloeo, :!::J::tl r tl n rIt::t:!: :l:C .1
47 direotor of public he~lth.
48 Seo. 13 20. Applioation} issuanoe.
2
49
}\pplic.::1tion for thc food h.::1ndler' 0 c.::1rd required by thio
50 .::1rticle oh.::1ll be filed ,;i th the director of public he.::1l th on
51 formo provided for th.::1t purpooe. Such c.::1rd oh.::1ll only be iooued
52 by the director of public he.::1lth .::1fter the .::1pplic.::1nt h.::1o
53 oucceoofully completed .::1 couroe of inotruction, .::1ppro7ed by the
54 public he.::1lth dep.::1rtment, in o.::1fe food h.::1ndling, .::1nd ouch x r.::1y,
55 l.::1bor.::1tory .::1nd phyoic.::1l e}{.::1min.::1tiono .::10 the director of public
56 he.::11th m.::1Y deem .::1d7io.::1ble.
57 Sec. 13 21. '1'0 boar holder':3 pieturc; term; roftc'llfal.
58 ~ food h.::1ndler'o c.::1rd iooued under thio .::1rticle oh.::1ll be.::1r
59 .::1 current picture of the individu~l to whom iooued .::1nd oh.::1ll be
60 v.::1lid for one ye.::1r from the d.::1te iooued. Rene~.::1l oh.::1ll be
61 .::1ccompliohed by oucceoofully completing .::1n eX.::1min.::1tion, prep.::1rcd
62 .::1nd .::1dminiotered by the public he.::1lth dep.::1rtment, on food
63 h.::1ndling, or by repe.::1ting completion of .::1 o.::1fe food h.::1ndling
64 inotruction couroe.
65 Sec. 13 22. Suoponoioft.
66
The director of public hC.::1lth ffi.::1Y DUGpcnd thc food
67 h.::1ndler' 0 c.::1rd of .::1ny peroon IJho iD found to be ouffering from .::1
68 communic.::1blc dioc~Dc or I,-ho refuDeD eX.::1min.::1tion to determine
69 I,-hcther Guch pcrDon iD Guffcring from .::1 cOHlffiunic.::1ble dioe.::1oe.
70 Secs. 13-16--13-22. Reserved.
3
71
72
Virginia,
Adopted by the Council of the City of Virginia Beach,
on
the
28th
day
of
November,
2006.
4
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 16-
2 39 OF THE CITY CODE, PERTAINING TO SPOT BLIGHT
3 ABATEMENT
4
5 SECTION AMENDED: 16-39
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 16-39 of the City Code is hereby amended and
11 reordained, to read as follows:
12
13
14
Sec. 16-39.
Spot blight abatement.
(a) The City of Virginia Beach,
in accordance with Code of
15 Virginia sections 36-49.1: 1 et seq. may acquire or repair any
16 blighted property, as defined in (b) below, by exercise of the
17 powers of eminent domain provided in title 25.1 of Code of
18 Virginia, and further, shall have the power to hold, clear, repair,
19 manage, or dispose of such property for purposes consistent with
20 this section. In addition, the city may recover the cost of any
21 repair or disposal of such property from the owner, or owners of
22 record at their last known address as contained in the records of
23 the treasurer or the current real estate tax assessment records.
24
(b)
"Blighted property" means any individual commercial,
25 industrial, or residential structure or improvement that endangers
26 the public's health, safety, or welfare because the structure or
27 improvement upon the property is dilapidated, deteriorated, or
28 violates minimum health and safety standards, or any structure or
29 improvement previously designated as blighted under the process for
30 determination of "spot blight". Blighted propertieD Jre thone Jrc~o
1
31 (including olum .:lrc.:lo) ',Ji th buildingo or improvcmcnto \Jhioh, by
32 rC.:l:Jon of dil.:lpid.:ltion, oboole:Jccnce, o7crorm:ding, f.:lul ty
33 .:lrr.:lngement of deoign, l.:lck of 7entil.:ltion, light .:lnd o.:lni t.:lry
34 f.:lcilitieo, exoeooi7e l.:lnd C07er.:lge, deleteriou:J l.:lnd U:JC or
35 oboolete l.:lyout, or .:lny combin.:ltion of thc:Jc or other f.:lctor:J, .:lre
36 detrimcnt.:ll to the o.:lfety, hC.:llth, mor.:llo or ~elf.:lre of thc
37 community.
38 (c) The city manager or his designee shall make a preliminary
39 determination that a property is blighted in accordance with this
40 section. The city manager or his designee shall notify the owner,
41 or owners of record as determined in (a) above, specifying the
42 reasons why the property is considered blighted. The owner or
43 owners shall have thirty (30) days from the date the notice is sent
44 within which to respond in writing with a spot blight abatement
45 plan to ~ address the blight within a reasonable time. A spot
46 blight abatement plan is a written plan prepared by the owner or
47 owners of record of the real property to address spot blight.
48 (d) If the owner or owners of record fail~ to respond within
49 the thirty-day period with a written spot blight abatement plan
50 that is acceptable to the city manager or his designee, the city
51 may (i) request the planning commission to conduct a public hearing
52 and make findings and recommendations that shall be reported to
53 ci ty council concerning the repair or other disposition of the
54 property in question and (ii) in the event a public hearing is
2
55 scheduled, shall prepare a written spot blight abatement plan for
56 the repair or other disposition of the property.
57 (e) No spot blight abatement plan shall be effective until
58 notice has been sent to the property owner or owners of record as
59 determined in (a) above and an ordinance has been adopted by city
60 council. Not less than three (3) weeks prior to the date of the
61 public hearing before the planning commission, the commission shall
62 provide by regular and certified mail, notice of such hearing to
63 (i) the owner of the blighted property or the agent designated by
64 him for receipt of service of notices concerning the payment of
65 real estate taxes within the locality; (ii) the abutting property
66 owners in each direction, including those proRerty owners
67 immediately across the street or road from the property; and (iii)
68 the representative neighborhood association, if any, for the
69 immediate area. The notice shall include the plan for the intended
70 repair or other disposition of the property. The notice of the
71 public hearing shall be published at least twice, with not less
72 than six (6) days elapsing between the first and second publication
73 in a newspaper published or having general circulation in the
74 locality in which the property is located. The notice also shall be
75 posted on the property. The notice shall specify the time and place
76 of the hearing at which persons affected may appear and present
77 their views, not less than six (6) days nor more than twenty-one
78 (21) days after the second publication.
3
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
(f) The planning commission, at this public hearing, shall
determine whether:
(1) The mmer h.:w f.:liled to cure the blight or preoent .:l
re.:loon.:lble pl.:ln to do 00; The property is blighted;
(2) The property io blighted; The owner has failed to cure
the blight or present a reasonable plan to do so;
(3) The plan for the repair or other disposition of the
property is in accordance with the city's comprehensive
plan, and the comprehensive zoning ordinances; and
(4) The property is located wi thin an area listed on the
National Register of Historic Places. In such instances,
the
planning
commission
shall
consult
with
the
architectural review board, regarding the proposed repair
or other disposition of the property by city council.
(g) The planning commission shall report its findings and
recommendations concerning the property to city council. City
council, upon receipt of such findings and recommendations, may
after an advertised public hearing, affirm, modify, or reject the
planning commission's findings and recommendations. If the repair
or other disposition of the property is approved, the city manager
or his designee may carry out the approved plan to repair or
acquire and dispose of the property in accordance with the approved
plan, the provisions of this section, and applicable law. If the
ordinance is adopted by city council, the city shall have a lien on
4
103 all property so repaired or acquired under an approved spot blight
104 abatement plan to recover the cost of (i) improvements made by the
105 city to bring the blighted property into compliance with applicable
106 building codes and (ii) disposal, if any. The lien authorized by
107 this section shall be filed in the circuit court of the City of
108 Virginia Beach and shall be subordinate to any prior liens of
109 record. City council may recover its costs of repair from the owner
110 or owners of record of the property when the repairs were made at
111 such time as the property is sold or disposed of by such owner or
112 owners. If the property is acquired by the city through eminent
113 domain, the cost of repair may be recovered when city council sells
114 or disposes of the property. In either case, the costs of repair
115 shall be recovered from the proceeds of any such sale.
116 (h) If the blighted property is occupied for personal
117 residential purposes, city council, in approving the spot blight
118 abatement plan, shall not ~llo~ for the ~cquioition of acquire by
119 eminent domain such property if it would result in a displacement
120 of the person or persons living in the premises. The provisions of
121 this subsection shall not apply to acquisitions, under an approved
122 spot blight abatement plan, by the city of property which has been
123 condemned for human habitation for more than one year. In addition,
124 if the city is exercising the powers of eminent domain in
125 accordance with title 25.1 of Code of Virginia, it may provide for
126 temporary relocation of any person living in the blighted property
5
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
provided the relocation is within the financial means of such
person.
(i) In lieu of the acquisition of blighted property by the
exercise of the powero eminent domain ~o herein pro~ided and in
lieu of the exercise of other powers granted in subsections (a)
through (g), city council by ordinance, may declare any blighted
property to constitute a nuisance, and thereupon abate the nuisance
pursuant to Code of Virginia section 15.2-900 or section 15.2-1115.
Such ordinance shall be adopted only after written notice by
certified mail to the owner or owners of the property at the last
known address of such owner as shown on the current real estate tax
assessment books or current real estate tax assessment records.
(j) The provisions of this section shall be cumulative and
shall be in addition to any remedies for spot blight abatement that
may be authorized by law.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 28th day of November, 2006.
6
- 17 -
Item V.I. 2.
ORDINANCES/RESOLUTION
ITEM #55827
Marjorie B. Smallie, Member - Historic Sites Organizing Committee, 3912 Richardson Road,
Phone: 464-4818, expressed appreciation to City Council.
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to enter into agreements
for the purchase and acquisition of land and buildings and to
TRANSFER and ACCEPT a Grant in the establishment of a capital
project entitled "Colonial Education Center Construction and Property
Acquisition" re Lynnhaven House
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE APPROVING AND
AUTHORIZING FOR PUBLIC
PURPOSES THE ACQUISITION OF
THE LYNNHAVEN HOUSE AND
ADJACENT PROPERTY LOCATED AT
4401, 4405 and 4409 WISHART
ROAD IN THE CITY OF VIRGINIA
BEACH, VIRGINIA AND
ESTABLISHING CAPITAL PROJECT
NUMBER 3-073 "COLONIAL
EDUCATION CENTER CONSTRUCTION
AND PROPERTY ACQUISITION"
14
WHEREAS, the Lynnhaven House is a property listed
15 on the National Register of Historic Places (1969) located
16 at 4405 Wishart Road in the City of Virginia Beach,
17 Virginia (the "City") containing a total of approximately
18 1.861 acres, owned by the Association for the Preservation
19 of Virginia Antiquities ("APVA") and shown as "Parcel 1-B"
20 on the attached Exhibit Ai
21
WHEREAS, adjacent to Parcel 1-B is a 1.666 acre
22 parcel of property containing a residential cottage, owned
23 by the APVA and shown as "Parcel I-A" on Exhibit Ai
24
WHEREAS, also adjacent to Parcel 1-B is a 1.374
25 acre parcel of property containing the Colonial Education
26 Center, currently under construction, owned by Lynnhaven
27 House, LLC and shown as "Parcel 1-C" on Exhibit A.
Parcel
28 I-A, Parcel 1-B and Parcel 1-C are referred to herein as
29 the "PropertY"i
30 WHEREAS, the APVA has agreed to convey fee simple
31 title to Parcel I-A to the City for the amount of $315,000;
32
WHEREAS, the APVA has agreed to lease Parcel 1-B
33 to the City for 99 years for $1.00 per year;
34
WHEREAS,
Lynnhaven House,
LLC has agreed to
35 convey fee simple title to Parcel 1-C to the City for the
36 amount of $220,000;
37 WHEREAS, the City desires to acquire the Property
38 as set forth above, upon completion of the Colonial
39 Education Center, and the City Council desires to enter
40 into agreements of sale, a lease and other agreements
41 necessary to acquire the Property;
42 WHEREAS, funding for the acquisition and lease of
43 the Property is included in CIP #4-004 (Open Space Program
44 Site Acquisition);
45 WHEREAS, the City Council desires to establish
46 CIP #3-073 (Colonial Education Center Construction and Land
47 Acquisition) to fund the acquisition, construction, exhibit
48 development, and other improvements for Lynnhaven House
49 WHEREAS, the Lynnhaven House has been awarded a
50 $250,000 reimbursement TEA-21 grant for construction and
51 design of a Water Transportation Museum Exhibit in the
52 Colonial Education Center and the City is required to be
53 the project sponsor;
54 WHEREAS, a required in-kind match of $50,000
55 (20%) for the TEA-21 grant from non City funds will be
56 provided through monies spent on building construction and
57 services rendered;
58 WHEREAS, the City Council desires to provide a
59 grant in the amount of $141,100 and accept and appropriate
60 a $75,000 reimbursement grant from the Commonwealth of
61 Virginia to Lynnhaven House, LLC to complete construction
62 of the Colonial Education Center;
63 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
64 THE CITY OF VIRGINIA BEACH, VIRGINIA,
65
1.
That
the
City Council
authorizes
the
66 acquisition, by purchase, for public purposes of the 1.666
67 acre parcel of property containing a historic residential
68 cottage, owned by the APVA and shown as "Parcel I-A" on
69
70
Exhibit A.
2.
That
the
Ci ty Council
authorizes
the
71 acquisition, by purchase, for public purposes of the 1.374
72 acre parcel of property containing the Colonial Education
73 Center, currently under construction, owned by Lynnhaven
74 House, LLC and shown as "Parcel 1-C" on Exhibit A.
75
3.
That the City Council authorizes the lease
76 of the 1.861 acre Lynnhaven House parcel, owned by the
77 Association for the Preservation of Virginia Antiquities
78 ("APVA") and shown as "Parcel 1-B" on the attached Exhibit
79 A.
80
4.
That the City Manager or his designee is
81 authorized to execute on behalf of the City of Virginia
82 Beach an Agreement of Sale for the purchase of the Parcel
83 1-A for the sum of $315,000 and in accordance with the
84 terms contained in the Summary of Terms attached hereto as
85 Exhibit B.
86
5.
That the City Manager or his designee is
87 authorized to execute on behalf of the City of Virginia
88 Beach an Agreement of Sale for the purchase of the Parcel
89 1-C for the sum of $220,000 and in accordance with the
90 terms contained in the Summary of Terms attached hereto as
91
92
Exhibit B.
6 .
That the City Manager or his designee is
93 authorized to execute on behalf of the City of Virginia
94 Beach a Lease for Parcel 1-B in accordance with the terms
95 contained in the Summary of Terms attached hereto as
96 Exhibi t B.
97
7 .
That the City Manager or his designee is
98 authorized to execute all documents that may be necessary
99 and appropriate in connection with the purchase of Parcel
100 I-A and Parcel l-C and for the lease of Parcel I-B so long
101 as such documents are acceptable to the City Manager and
102 the City Attorney.
103 8 . That CIP #3-073, "Colonial Education
104 Center Construction and Land Acquisition" is hereby
105 established in the FY 2006-07 Capital Budget to fund the
106 acquisition, construction, exhibit development, and other
107 improvements for Lynnhaven House.
108
9.
That
CIP
#3-073,
"Colonial
Education
109 Center Construction and Land Acquisition" is hereby amended
110 for the purposes and amounts set forth below:
111
112
113
114
115
116
117
118
119
120
121
122
a. $141,100
#3-368,
b. $535,000
#4-004,
is hereby transferred from
CIP
"Various Site Acquisitions."
is hereby transferred from
CIP
"Open
Space
Program
Site
Acquisition."
c. That $250,000 of TEA-21 funding is hereby
accepted and appropriated for construction
and design of a Water Transportation
Museum
Exhibit,
with
federal
revenue
increased accordingly.
d. Tha t
$75,000
is
hereby accepted and
the APVA Preservation
appropriated
from
123
Virginia, with local revenue increased
124
accordingly.
125
10.
That the City Council authorizes a grant to
126 Lynnhaven House, LLC in the amount of $216,100 from CIP #3-
127 073, which includes $141,100 of City funds and a $75,000
128 reimbursement grant from the Commonwealth of Virginia, to
129 complete construction of the Colonial Education Center.
130
131
Adopted by the Council of the City of Virginia
132
Beach, Virginia, on the
28th
day of
November
133 2006.
CA10106
11/20/2006
R-1
V:\applications\citylawprod\cycom32\Wpdocs\D015\P001\OO023536.DOC
APN~:QNT'
Department of Museums
APPROVED
jj
APPROVED AS
SUFFICIENCY:
TO
LEGAL
EXHIBIT A
PARCEL DESCRIPTION
PARCEL I-A
Cottage Parcel
1.666 acre designated as Parcel I-A on that certain
plat entitled, ~Subdivision of Property of Association
for the Preservation of Virginia Antiquities" recorded
in the Circuit Court of the City of Virginia Beach,
Virginia as Instrument Number 200404230063893.
PARCEL I-B
Lynnhaven House (historic structure)
1.861 acres designated as Parcel
aforementioned plat.
I-B
on
the
PARCEL l-C
Colonial Education Center
1.374 acres designated
aforementioned plat.
as
Parcel
l-C
on
the
EXHIBIT B
SUMMARY OF TERMS
Parcell-A:
. 1.67 acres
. Owned by APV A
. Contains 1000 square foot residence currently under lease to City employee
(expires 03/07)
. City to acquire by purchase for $315,000 (appraised value as of 7/05)
. Closing to occur upon receipt of C/O for CEC building
. To be rezoned to P-l
Parcell-B:
. 1.86 acres
. Owned by APV A
. Contains historic Lynnhaven House - currently under City management pursuant
to a Management and Operating Agreement (expires 3/31/07)
. APV A needs approval from all original grantors (or their heirs) in order to convey
- does not have all approvals
. City to enter into 99-year lease for nominal rent (City pays costs to maintain and
operate)
. Commencement of lease to occur upon receipt of C/O for CEC building
. City has right to purchase property for $1.00 if/when APV A able to convey
. APV A to transfer collection of antique furnishings and objects located in the
historic house to the City - City to give APV A right of first refusal should City
wish to transfer any collection item to a third party
. To be rezoned to P-l
Parcell-C:
. 1.37 acres
. Owned by Lynnhaven House, LLC
. Contains 4100 square foot Colonial Education Center
Building is substantially complete (subject to punch list), but no C/O
because site work and utility connections not complete
$251,100 = budgeted cost to complete and obtain C/O
APV A has $35,000 available in cash, and an additional $75,000
available as a state historic preservation grant (reimbursement grant -
requires 1:1 match) - total of$110,000
. City to grant $216,100 to Lynnhaven House, LLC to complete building and obtain
C/O
$75,000 to be paid back to City upon APV A receipt of funds from
reimbursement grant
Lynnhaven House, LLC to deliver Note for $75,000 upon closing of
acquisition of property if $75,000 not yet paid to City
$141,100 = actual out of pocket for City
. City to purchase property for $220,000 (line of credit balance)
. Closing to occur upon receipt of C/O for CEC building
. To be rezoned to P-l
- 18 -
Item VoI.3.
ORDINANCESIRESOLUTION
ITEM #55828
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to RENAME the Shore Drive Advisory Committee to
Bayfront Advisory Committee and EXTEND its service to June 30,
2009
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28,2006
1
2
3
RESOLUTION EXTENDING AND RENAMING
THE SHORE DRIVE ADVISORY COMMITTEE
4
WHEREAS, in February of 1998, the City Council of the City
5 of Virginia Beach established the Shore Drive Advisory Committee
6 (the "SDAC");
7
WHEREAS, the SDAC continues to perform its duties and
8 responsibilities and performs a vital function assisting the
9 Council in determining the appropriate course of action to take
10 with respect to the Shore Drive Corridor; and
11
WHEREAS, the SDAC, with citizen input, has determined that
12 a more appropriate name for the Shore Drive area is the
13
"Bayfront"
in
reference
to
its
close
connection to the
14 Chesapeake Bay, and it desires that its name be changed to
15 reflect this designation.
16
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
1.
That City Council hereby changes the name of the Shore
19 Drive Advisory Committee to the Bayfront Advisory Committee; and
20
2.
That City Council hereby extends the Bayfront Advisory
21 Committee ("BAC") until June 30, 2009.
22 Adopted by the Council of the City of Virginia Beach,
23
Virginia, on the 28th
day of November, 2006.
CA-10194
V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\O0022257.DOC
R-2
October 19, 2006
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~ H-o'
Planning Department
2
- 19 -
Item V-J.
PLANNING ITEM # 55829
1. JAMES L. and EDYTH A. PAXTON VARIANCE
and CAROLYN P. JOYNER
2. a. RICHMOND 20MHz, LLC dba NTELOS MODIFICATION OF CONDITIONS
(Approved August 14, 2001)
b. PHILLIPS MOTORS OF VIRGINIA BEACH, INC. MODIFICATION OF CONDITIONS
(Approved November 9, 2004)
3. JAMES E. and VIRGINIA L. OWENS DELETE Proffer No.1 and
MODIFY Proffer No.2
(Approved January 14, 1980)
4. T-MOBILE NORTHEAST, LLC CONDITIONAL USE PERMIT
5. FF ACQUISITION, LLC CONDITIONAL USE PERMIT
6. KEMP ENTERPRISES, INC. CONDITIONAL CHANGE OF ZONING
November 28, 2006
- 20 -
Item V.J.
PLANNING ITEM#55830
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Items 1,
2a/b., 3, 4 and 5 of the PLANNING BY CONSENT AGENDA.
Voting: 11-0(By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady Henley voted a VERBAL NAY on Item J.5(FFACQUISITION,LLC)
November 28, 2006
- 21 -
Item v'J.J.
PLANNING
ITEM # 55831
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED the
application of JAMES L, and EDYTH A. PAXTON and CAROLYN P. JOYNERfor a Variance re lot
size to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirement of
the City Zoning Ordinance:
Subdivision Variance for James L. and Edyth A. Paxton and Carolyn P.
Joyner to create one (1) lot, The proposed lot does not meet minimum lot
width requirements, Property is located at 2821 North Landing Road
(GPINs 1493485970,' 1493495579). DISTRICT 7 - PRINCESS ANNE
It is the intent of the applicant to subdivide one (1) acre from the Residual Parcel and a portion of Parcel
D. The boundaries of Parcel D will be modified to maintain its existing size of 1.05 acres. The proposed
new lot (Parcel E) has 105.27 feet offrontage on North Landing Road and 100feet of lot width at the
front yard setback. The required lot width for the Agricultural Zoning Districts is 150 feet.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A, Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
- 22-
Item V, J.2. a.
PLANNING
ITEM # 55832
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED
Conditions upon the application of RICHMOND 20MHZ, L.L. C. DBA NTELOS for a Conditional Use
Permit (Approved August 14, 2001) to allow a IO-foot extension of a communications tower with a
maximum height of one hundred (100) feet.
ORDINANCE UPON APPLICATION OF RICHMOND 20MHZ, L.L.c.
DBA NTELOS FOR A MODIFICATION OF THE CONDITIONS OF A
USE PERMIT GRANTED BY THE CITY COUNCIL ON
AUGUST 14,2001
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Richmond 20MHz, L.L. C. dba NTELOS
for a Modification of the Conditions of a Use Permit granted by the City
Council on August 14, 2001, for a wireless communication tower. The
property is located at 2100 McComas Way (GPIN 2414072637).
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required
1, All conditions, with the exception of Number 1 attached to the Conditional Use Permit
granted by the City Council on August 14,2001, shall remain in affect.
2. Condition Number 1 of the August 14,2001, Conditional Use Permit is deleted and replaced
with the following:
The tower shall be designed as a stealth monopole tower no greater than 100 feet in
height as shown on the site plan by JM&T Engineering, dated July 27, 2006, exhibited to
the Virginia Beach City Council and is on file in the Virginia Beach Planning
Department.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
- 23 -
Item v.J. 2. b.
PLANNING
ITEM # 55833
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council MODIFIED
Conditions upon the application of PHILLIPS MOTORS OF VIRGINIA BEACH, INC. for a
Conditional Use Permit (Approved November 9, 2004) to allow an additional reception area and expand
the rear of the buildingfrom one to two stories re an automobile sales facility.
ORDINANCE UPON APPLICATION OF PHILLIPS MOTORS OF
VIRGINIA BEACH, INC. FOR A MODIFICATION OF THE
CONDITIONS ATTACHED TO A USE PERMIT GRANTED BY THE
CITY COUNCIL ON NOVEMBER 9,2004, ALLOWING EXPANSION
OF AN EXISTING MOTOR VEHICLE SALES FACILITY
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Phillips Motors of Virginia Beach, Inc.
for a Modification of the Conditions attached to a Use Permit granted by
the City Council on November 9, 2004, allowing expansion of an existing
motor vehicle sales facility. Property is located at 4980 Virginia Beach
Boulevard (GPIN 1477053539). DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. All conditions, with the exception of Numbers 1 and 2 attached to the Conditional Use
Permit granted by the City Council on November 9, 2004, shall remain in affect.
2. Condition Number 1 of the November 9, 2004, Conditional Use Permit is deleted and
replaced with the following:
The site shall be developed substantially in conformance with the
submitted plan entitled, "Conceptual Site Layout of Phillips
Volvo," prepared by MSA, pc., dated September 5, 2006, which
has been exhibited to the Virginia Beach City Council and is on
file in the Virginia Beach Planning Department
3. Condition Number 2 of the November 9,2004, Conditional Use Permit is
deleted and replaced with the following:
The proposed building additions, identified on the site plan described in
Condition 1, shall be built in substantial conformance with the elevations
entitled, "Proposed Elevations for Phillips Volvo, Service Reception Bay
and Service Expansion Bay," dated September 25,2006.
4. Final occupancy shall not be granted on any building addition until the bulk storage yard
is improved and constructed as depicted on the concept layout plan identified in
Condition Number 2 above.
November 28, 2006
- 24-
Item V, J.2. b.
PLANNING ITEM # 55833 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L, Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
- 25 -
Item V.J.3.
PLANNING
ITEM # 55834
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DELETED Proffer
No.1 and MODIFIED Proffer No. 2 upon application of JAMES E. OWENS and VIRGINIA L.
OWENS for a Change of Zoning (Approved January 14, 1980) to allow continued use of the property
known as the "Carraway House" as a real estate office and retail shop at 317 South Witchduck Road.
Ordinance upon application of James E. Owens and Virginia L.
Owens for a Modification of the Proffers of a Change of Zoning
approved by City Council on January 14, 1980. Property is
located at 317 South Witchduck Road). DISTRICT 2 -
KEMPSVILLE
Proffer 1 of the 1980 rezoning allows only those uses that are permitted in the R-5R Residential District
on the site. The applicants, however, recently discovered that they have been unknOWingly operating a
real estate office on the site for approximately twelve years; thus, deletion of Proffer 1 is requested.
If the structure on the site is restored to its original appearance, Proffer 2 also allows the property to be
used as a retail shop for the sale of antique, antique reproductions and related items and accessories,
Since the applicants now operate a real estate office on the site, they request Modification of Proffer 2 to
allow the continuation of the real estate business or other similar unobtrusive office uses, such as a
business studio, an office or a clinic, all of which have equal to or less intensity than the currently
operating real estate office.
The following condition shall be required:
1. Agreement encompassing proffers shall be recorded with the Clerk of the
Circuit Court and is hereby made a part of the record.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E,
Oberndoif, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6521
DATE: November 14, 2006
TO:
FROM:
Leslie L. LilJe~
B. Kay Wilson"
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application: James E. and Virginia L. Owens
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 28,2006. I have reviewed the subject proffer agreement, dated
June 28, 2006 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
JAMES E. OWENS and VIRGINIA L. OWENS, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 28th day of June, 2006, by and between JAMES E.
OWENS and VIRGINIA L. OWENS, husband and wife, Grantors; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
.",~
WHEREAS, the Grantors are the owners of that certain parcel of property located in
the Kempsville District of the City of Virginia Beach, Virginia, commonly known as 317 S.
Witchduck Road, containing approximately 0.839 acres and described in Exhibit "A"
attached hereto and incorporated herein by this reference said property hereinafter referred
to as the "Property"; and
WHEREAS, the Grantors have initiated a modification to a conditional amendment
to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as
to modify conditions to the B-2 Zoning Classification of the Property; and
WHEREAS, the Grantors have requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated November 17, 1980 and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book
2068, at Page 76 (hereinafter "1980 Proffers"), to reflect amendments applicable to the land
use plan on the Property; and
GPIN: 1467-70-6098
PREPARED BY:
[3 SYKIS. IlOURDON.
II A.l!t:RN &. 1M. P.c.
1
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowled~e that the competing and s?metimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the proposed modification of conditions to the
zoning, certain reasonable conditions governing the use of the Property for the protection of
the community that are not generally applicable to land similarly zoned are needed to
resolve the situation to which the application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to the
existing zoning conditions with respect to the Property, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted, which
conditions have a reasonable relation to the proposed modification and the need for which
is generated by the proposed modification.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the Property
and hereby covenant and agree that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantors, their successors, personal representatives, assigns,
grantees, and other successors in interest or title:
PREPARED SY:
1. Proffer number "I" in the 1980 Proffers is hereby deleted and acknowledged
to be inapplicable to the Property.
2. Proffer numbered "2" in the 1980 Proffers is amended to read: The Property
may be used as a retail shop for the sale of antiques, antique reproductions and related
items and accessories, business studios, offices and clinics.
3. All of the terms, conditions, covenants, servitudes and agreements set forth in
the 1980 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 2068, at Page 76, save and except, Proffers 1 and 2, as
13 SYKES. ROURDON.
[J A 'ItRN & LEVY. P.c.
2
PREPARED BY:
specifically deleted, amended and modified herein, shall remain in force and effect, running
with the Property and binding upon the Property and upon all parties and persons claiming
under, by or through the Grantors, their heirs, personal representatives, assigns, tenants,
and other successors in interest or title.
The Grantors further covenant and agree that:
All references hereinabove to the B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
;) SY1(j;:S, QOURDON.
I A 111::RN & Uvy, p,c.
3
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantors and the Grantee.
PREPARED BY:
:3 SYICfS. nOURDON.
[J A 'll;:RN & 1M. P.c.
4
PREPARED BY:
!a SillS. IlOURDON.
Ili lImN &. LM. P.C
WITNESS the following signature and seal:
Grantors:
/1 ;? /Z7
d?/l~"--<-'" (" .r:;j'-;"LY..4C/i-/ (SEAL)
// .
d/ James E. Owens
._/~ J ~
~ ~ ~ (SEAL)
VirgInIa L. Owens
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 29th day of June, 2006,
by James E. Owens and Virginia 1. Owens, husband and wife, Grantors.
1: dr I ~ J{}f_A t6-
;/:U/ cf',. , I/! Cpt _?/
Notary Public
My Commission Expires: August 31, 2006
5
- 26-
Item V.J.4.
PLANNING
ITEM # 55835
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of T-MOBILE NORTHEAST, L.L. C. for a Conditional Use Permit for a
wireless communications tower:
ORDINANCE UPON APPLICATION OF T-MOBILE NORTHEAST,
L.L.c. FOR A CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATIONS TOWER R0110634190
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of T-Mobile Northeast, L.L. C. for a
Conditional Use Permit for a wireless communications tower on
property located at 1200 Communications Circle. DISTRICT 4 -
BAYSIDE
The following conditions shall be required:
1. The site and tower shall be developed substantially in accordance with the submitted
development plans entitled "T-MOBILE NORTHEAST, LLC, SALTWATER LLC,
DROP & SWAP, site number VA50499-B ", prepared by ALLPRO Consulting Group,
Inc., and dated May 15, 2006. Said plan has been exhibited to the Virginia Beach
City Council and is on file in the Virginia Beach Department of Planning.
2. The proposed tower and equipment shed shall be designed to accommodate three
users.
3. The Director of Planning may allow the installation of a type of antenna different
from that shown on the plans described in Condition 1 if the Director determines that
the proposed antenna type will not result in any undue impact beyond the antenna
type shown in the plan described in Condition 1 and a structural report is submitted
from a licensed structural engineer stating that the tower, with the proposed
antennas, meets the structural standards established by the Electronics Industry
Association and the local building code.
4. The proposed tower shall not exceed one hundred twenty (120) feet in overall height,
and shall be a monopole that meets or exceeds the structural criteria in the zoning
ordinance.
5. In addition to the NIER letter filed with this application, the applicant shall also
provide a letter from a licensed radio frequency engineer noting that the cumulative
non-ionizing electromagnetic radiation emitted from the tower does not exceed at
ground level the lowest applicable standards established by the Federal government
or the American National Standards Institute.
6, Unless a waiver is obtained from the City of Virginia Beach Department of
Communications and Information Technology (COMIT), a radio frequency emissions
study (RF study), conducted by a qualified engineer licensed to practice in the
Commonwealth of Virginia, showing that the intended user(s) will not interfere with
any City of Virginia Beach emergency communications facilities, shall be provided
prior to site plan approval for the original tower andfor all subsequent users.
November 28, 2006
- 27 -
Item v'J.4.
PLANNING
ITEM # 55835 (Continued)
7, In the event inteiference with any City emergency communications facilities arises
from the user(s) of this tower, the user(s) shall take all measures reasonably
necessary to correct and eliminate the inteiference. If the inteiference cannot be
eliminated within a reasonable time, the user shall cease operation to the extent
necessary to stop the inteiference.
8. In the event that antennae on the tower are inactive for a period of two years, the
tower shall be removed at the applicant's expense.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eight of November Two
Thousand Six
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
- 28-
Item V.J.5.
PLANNING
ITEM # 55836
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of FF ACQUISITION, LLC for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FF ACQUISITION, L.L.c.
FOR A CONDITIONAL USE PERMIT FOR FUEL SALES
ROll 0634191
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of FF Acquisition, L.L. C. for a Conditional
Use Permit for fuel sales on property located at 1021 Independence
Boulevard (GPIN 1478464114). DISTRICT 4 - BAYSIDE
The following conditions shall be required:
I. The proposed canopy and fueling stations shall be located substantially as depicted on the submitted
"Exhibitfor Farm Fresh - Gas Pumps, Haygood Shopping Center, Independence Boulevard and
Haygood Road, Virginia Beach, VA ", prepared by MSA, P.c., and dated July 25,2006, which has
been exhibited to the Virginia Beach City Council, and is on file with the Virginia Beach Department
of Planning.
2. The canopy shall be constructed in substantial conformance with the rendering submitted with the
Use Permit application. The canopy shall be constructed with a standing seam metal roof and brick
columns that match the existing shopping center far;ade. Said rendering has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
3. There shall be no signage, lettering, clocks, striping or logo recognition (either through the use of
slogans, lettering or colors) on any part of the canopy, including the canopy supports. The canopy
shall remain clear of any advertisement except for the sign identifYing the operator.
4. The applicant shall provide a photometric plan for review and approval by City staff Flush-mounted
or full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a
maintained average of thirty -foot candles (30). All lighting on the site should be consistent with
those standards recommended by the Illumination Engineering Society,
5. There shall be no outdoor vending machines, ice boxes or the display of merchandise anywhere
within the facility area,
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eight of November Two
Thousand Six
November 28, 2006
- 29-
Item v.J. 5.
PLANNING ITEM # 55836 (Continued)
Voting: 10-1 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E.
Uhrin, Ron A, Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
November 28, 2006
- 30-
Item v.J. 6.
PLANNING
ITEM # 55837
Attorney R. E. Bourdon, Phone; 499-8971, represented the applicant, advised the applicant is required to
provide curb and gutter, sidewalks and streets lights on the entire frontage. A right-of-way dedication
of 20,000 square feet will be provided along Bonney Road The entire site will be landscaped,
Robert Scott, Director of Planning, advised turn lanes will be added in and out of the property and no
more lanes will be added to Bonney Road by the applicant.
Upon motion by Councilman Diezel, seconded by Councilman Wood, City Council ADOPTED an
Ordinance upon application of KEMP ENTERPRISES, INC. for a Conditional Change of Zoning
District Classification:
ORDINANCE UPON APPLICATION OF KEMP ENTERPRISES, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
5D RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL A-24
APARTMENT DISTRICT Z011061270
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Kemp Enterprises, Inc. for a Change of
Zoning District Classification from R-5D Residential Duplex District to
Conditional A-24 Apartment District on property located on the south
side of Bonney Road, approximately 540 feet east of Kenley Road
(GPINs 1477009836; 1477009521; 1477100757; 1477101774;
1477101694; 1477007840 - portion of). DISTRICT 2 - KEMPSVILLE.
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eight of November Two
Thousand Six
Voting: 10-1
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
November 28, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6214
DATE: November 14, 2006
TO:
FROM:
Leslie L. Lilley
8. KaYWiISOn~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application: Kemps Associates
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 28,2006. I have reviewed the subject proffer agreement, dated
April 20,2006 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
8 KW/als
Enclosure
cc: Kathleen Hassen
PREPARED BY:
~.13 SYKIS. ROVRDON,
mp .\9ruN & lM.P.c.
KEMP ENTERPRISES, INC., a Virginia corporation
SOPHIA E. CHRISTIAN
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 20th day of April, 2006, by and between
KEMP ENTERPRISES, INC., a Virginia corporation, party of the first part,
Grantor; SOPHIA E. CHRISTIAN, party of the second part, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of that certain real
property located in the Kempsville District of the City of Virginia Beach,
containing approximately 1.044 acres as more particularly described as Parcel 6
in the attached Exhibit "A". Parcel 6 and the other parcels as hereinafter
described are hereinafter collectively referred to as the "Property"; and
WHEREAS, the party of the first part, as the Contract Purchaser of Parcel
6 and the Owner of five (5) additional, contiguous parcels of land located in the
Kempsville District of the City of Virginia Beach, containing approximately 4.958
acres as more particularly described in Exhibit" A", which is attached hereto and
incorporated herein by reference (the "Property"), has initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classification of the
Property from R-5D Residential District to Conditional A-24 Apartment District;
and
GPIN: 1477-10-1694
1477-10-1774
1477-10-0757
1477 -00-9836
1477-00-9521
1477 -00- 7840 (Part)
1
PREPARED BY:
MIH SYKt:S. ROURDON.
m.- AllrnN & Lm. P.L
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and
the need for various types of uses, certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally
applicable to land similarly zoned are needed to cope with the situation to which
the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the
A-24 Zoning District by the existing overall Zoning Ordinance, the following
reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map
relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
goveming body and without any element of compulsion or Quid pro QUO for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and
govem the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed, the entrance, streets, landscaping,
fencing and open space features shall be substantially in accordance with the
"Rezoning Exhibit of KEMPS GATE", pages 1 and 2, dated 01/12/06, prepared by
2
l'f:t"c ::.'\
PREPARED BY,
~m SYKfS. QOlmDON.
ISO AYmN & LM. P_C
Kellam-Gerwitz Engineering, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department' of Planning ("Concept
Plan").
2. Vehicular Ingress and Egress shall be Via one (1) entrance from
Bonney Road as depicted on the Concept Plan.
3. When the Property is developed, there will be no more than fifty-five
(55) residential condominium units, each of which shall have a garage, within
eleven (11) buildings as depicted on the Concept Plan.
4. When the Property is developed, the residential structures depicted
on the Concept Plan shall have the architectural design and utilize the building
materials substantially as depicted and designated on the three (3) page exhibit
entitled "Rezoning Exhibit of Kemps Gate", undated, prepared by Richard L.
Grimstead, A.LA., which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Planning Department ("Elevations").
5. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and execu ted by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
3
PREPARED BY:
(3JB SYKIS. DOURDON.
&Jill MlrnN &. LM. P.C
resolution shall be recorded along with said instrument as conclusive evidence of
such consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
( 1) The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions and restrictions, including the authority (a) to order, in writing, that
any noncompliance with such conditions be remedied; and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits
as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the
ordinances and the conditions may be made readily available and accessible for
pu blic inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor
and the Grantee.
4
PREPARED BY:
53.m SYIC[S. gOlillDON.
mll4Y~RN & I.M. p,c.
WITNESS the following signature and seal:
Grantor:
(SEAL)
STATE OF VIRGINIA
CI1Y OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 2.Qt..!:L day of
April, 2006, by George Kemp, President of Kemp Enterprises, Inc., a Virginia
corporation, Grantor.
~I /i . {l
~-, '- 'I / /
, , tI/1 (~( ,{7 rk _.
Notary Public
My Commission Expires: August 31, 2006
5
PREPARED BY:
(;J13 SYKES. ROURDON.
llll AlImN &. I.M. P.c.
WITNESS the following signature and seal:
Grantor:
/1 Il . ,
/ ~ 8, r)/. 11 i
/4- . -:>, l W'-<<!~_.
Sophia E. Christian
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
The foregoing instrument was acknowledged before me this 26th day of
April, 2006, by Sophia E. Christian, Grantor.
A~tj
My Commission Expires: August 31, 2006
L i( - t{! I /J
- 1\.. )')/7 .t?lJ<--r./
Notary Public
6
PREPARED BY-
(;JI3 s~rs. IlOURDON.
mp 4HrnN &. 1m. P.C
EXHIBIT" A"
PARCEL 1:
All of that certain lot of land, being near the Village of Kempsville in Princess
Anne County, Virginia, known as Lot "B" accordance to the plat of Russell
Sheppard property dated April 18, 1957, made by W.B. Gallup County Surveyor,
consisting of one (1) acre more or less; it also being a part of a plat known as
Block Number fourteen (14) Map of A.W. Comick's Kempsville Farm, Princess
Anne County, Virginia surveyed January 1900, by E.G. Foreman, C.E. which said
plat is recorded in the Clerk's Office of the Circuit Court of Princess Anne County,
Virginia, in Map Book 9 at Page 43.
GPIN: 1477-10-1694
PARCEL 2:
All of that certain lot of land, being near the Village of Kempsville in Princess
Anne County, Virginia, known as Lot "C" accordance to the plat of Russell
Sheppard property dated April 18, 1957, made by W.B. Gallup County Surveyor,
consisting of one (1) acre more or less; it also being a part of a plat known as
Block Number fourteen (14) Map of A.W. Comick's Kempsville Farm, Princess
Anne County, Virginia surveyed January 1900, by E.G. Foreman, C.E. which said
plat is recorded in the Clerk's Office of the Circuit Court of Princess Anne County,
Virginia, in Map Book 9, at Page 43.
GPIN: 1477-10-1774
PARCELS 3 & 4:
ALL THOSE certain lots, pieces or parcels of land, lying, situate and being in the
City of Virginia Beach, Virginia, containing 2.486 ACRES, MORE OR LESS, and
being known, numbered and designated as "UNNAMED PARCEL ANDREW REID,
ET AL (WB 84, PG 2225 erroneously referred to as being in DB 84, PG 2225) (WB
67, PG 1961, erroneously referred to as being in D.B. 67, PG 1961) (MB 43, PG
41) GPIN 1477-00-9836 AREA = 108,284 SF OR 2.486 AC" and "ANDREW REID
(WB 84, PG 861, erroneously referred to as being in DB 84, PG 862( (MB 43, PG
41) GPIN 1477 10 0757", as shown on that certain plat entitled "PHYSICAL
SURVEY & BOUNDARY PLAT OF PROPERTY OF ANDREW REID 'PROPERTY OF
RUSSELL SHEPPARD A PART OF TRACT NO. 14- A.W. CORNICK'S KEMPSVILLE
FARM' (MB 43, PG 41)", made by Miller-Stephenson & Associates, P.C., dated
December 17, 1997, which said plat is duly recorded in the Clerk's Office of the
7
Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3828, at Page
777.
GPIN: 1477-10-0757
1477 -00-9836
PARCEL 5:
All that piece or parcel of land, together with all improvements thereon and
appurtenances thereto, situate, lying and being in the City of Virginia Beach,
Virginia and being known, numbered and designated as "Parcel D-2" as shown
on that certain plat entitled "Resubdivision of Parcels D, F & G of Tract No. 14 -
A. W. Cornick's Kempsville Farm (M.B. 43, P 41)", prepared by Kellam-Gerwitz
Engineering, inc. which plat is duly recorded in the Clerk's office of the City of
Virginia Beach, Virginia as Instrument No. 200401200010194, and being more
particularly described as follows:
Beginning at a pin found at the easterly corner of the subdivision of Kemps Cove
(MB. 301, P. 79), said comer also being along the northerly line of the property
now or formerly of Wilmure & Rosa M. Burden (M.B. 200, P. 16), thence heading
N 39 degrees 07' 13" W a distance of 218.53' along the northeasterly line of
Kemps Cove to a point; thence departing said line of Kemps Cove heading N 50
degrees 24' 47" E a distance of 150.00' to a point in the southwesterly line of the
property now or formerly of Retail Financial Services; thence heading S 39
degrees 07' 33" E a distance of 18.53' to a set pin on concrete along the line of
the property now or formerly of Victor Lambert; thence heading S 50 degrees 52'
47" W a distance of 55.00' to a set pin in concrete; thence heading S 39 degrees
07' 13" E a distance of 200.00' to a set pin on concrete along the aforesaid line of
Burden; thence heading S 50 degrees 52' 47" W a distance of 95.00' to the point
of beginning. Said parcel containing exactly 0.500 acres.
GPIN: 1477-00-9521
PARCEL 6:
ALL THAT tract or parcel of land situate in the City of Virginia Beach,
Commonwealth of Virginia and described as follows: Commencing at a point in
the Southerly bounds of Bonney Road (MB 43, PG 41 & MB 200, PG 16) said
point being 206.11' Southeasterly of the Northeasterly intersection of Kenley
Road and Bonney Road as measured along the Northerly bounds of Bonney Road,
said point also being the Northeasterly comer of Parcel E (N/F Kirk Davis, MB
43, PG 41); thence along the Easterly bounds of Parcel E and the Westerly
PREPARED BY: bounds of Parcel D1 (Inst. No. 200401200010194), S 39 degrees 07' 13" E,
531BSms. ROURDON. 260.35'; thence S 50 degrees 52' 47" W, 75.00' to a point in the Easterly bounds
milAHI:RN & Lm.P.c. of Kemps Cove (MB 301, PG 79); thence along the easterly bounds of Kemps
Cove, S 39 degrees 07' 13" E, 81.62' to the point of beginning; thence N 50
8
PREPARED BY:
~.m SYI\IS. IWURDON.
WI A1IrnN &. UTI. P.C
degrees 52' 47" E, 150.00' to a point said point being the Southwesterly corner of
Parcel 8 (DB 4467, PG 1066); thence S 39 degrees 07' 13" E, along the
Southwesterly bounds of Parcel 8 and Parcel 8A {DB 4467, PG 1066)M 303.17'
TC the Northeasterly corner of Parcel D2 (Inst. No. 200401200010194); thence S
50 degrees 52' 47" W 150.00' to the Northwesterly corner of Parcel D2 and the
Easterly bounds of Kemps Cove; thence along the Easterly bounds of Kemps Cove
N 39 degrees 07' 13" W 384.79' to the point of beginning, containing 1.044 acres
of land.
GPIN: 1477-00-7840 (Part)
ConditionalRezone / KempEnterprises /KempsGate / ProfIer2
Rev.4/20/06
9
- 31 -
Item V.K.l.
APPOINTMENTS
ITEM # 55838
BY CONSENSUS, City Council RESCHEDULED:
EMPLOYEE BENEFITS TASK FORCE
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA)
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
PLANNING COMMISSION
November 28, 2006
- 32 -
Item v'K.2.
APPOINTMENTS
ITEM # 55839
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Buildinl! Division
Thomas Atherton, III
Ruth W. Bell
G. Gregory Johnson
Jimmie A. Koch
Morton H. Savell
Electrical Division
Gary Smith
Michael G. Swindell
James S. Witcher
New Construction Division
William M.Davenport
Chis Ettel
Kenneth Rodman, Jr.
Rick Savino
Robert L. Yoder
Plumbinl!lMechanical Division
Travis Chick
Richard S. Corner
Donald D. Jones, Sr.
Peter C. Striffler
James D. Wells
2-year Term
01/01/07 -12/31/08
BOARD OF BUILDING CODE APPEALS
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
November 28, 2006
- 33 -
Item V.K.3.
APPOINTMENTS
ITEM # 55840
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Floyd E. Waterfield, Jr.
5-year Term
01/01/07 -12/31/11
BOARD OF ZONING APPEALS (BZA
Voting: 10-0
Council Members Voting Aye:
William R, "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
November 28, 2006
- 34-
Item V.K.4.
APPOINTMENTS
ITEM # 55841
Upon NOMINATION by Vice Mayor Jones, City Council
APPOINTED:
William Din
AND, REAPPOINTED:
Dale Jv. Tyree
3-year. Term
01/01/07 -12/31/09
CHESAPEAKE BAY PRESERVATION AREA BOARD
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
November 28, 2006
- 35 -
Item V.K.5.
APPOINTMENTS
ITEM # 55842
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Marianne Dyson
2-year Term
1/1/07 -12/31/08
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
November 28, 2006
- 36 -
Item V.l(.6.
APPOINTMENTS
ITEM # 55843
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Raymond H. Kirby
Madelyn H. Reass
Helen P. Shropshire
3-year Term
01/01/07 -12/31/09
COMMUNITY SERVICES BOARD (CSB)
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M. Henley, Vice Mayor
Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
November 28, 2006
- 37 -
Item V.K. 7.
APPOINTMENTS
ITEM # 55844
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Ted Logue
President - Virginia Beach Retailers
3-year Term
01/01/07 -12/31/09
RESORT ADVISORY COMMISSION - RAC
Voting: 10-0
Council Members Voting Aye:
William R, "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
November 28, 2006
- 38 -
Item V,K 8.
APPOINTMENTS
ITEM # 55845
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Molly Brown
Unexpired Term thru 9/30/08
Nils Bahringer - Alternate
Unexpired Term thru 9/30/09
WETLANDS BOARD
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 28, 2006
- 39 -
Item V. M.l.
NEW BUSINESS
ITEM # 55846
BY CONSENSUS, City Clerk to Record:
ABSTRACT OF VOTES - November 7,2006, General Election - Congressional Election
November 28, 2006
ABSTRACT OF VOTES
cast in the City of Virqinia Beach , Virginia,
at the November 7,2006 General Election, for:
MEMBER
UNITED STATES SENATE'
NAMES OF CANDIDA TES WITH PARTY tD AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
GEORGE F. ALLEN - R ...............................
64,852
JAMES H. "JIM" WEBB, JR. - D .......................
GLENDA GAIL PARKER - IG
57,657
1,397
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] . . . . . . . . . . .
144
4
Total Number of Overvotes For Office. . . . . . . . . . . . . . . . . ..
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
COUlt of the election held on November 7, 2006, do hereby certify that the above is a true and correct Abstract of Votes
cast at said election for Member of the United States Senate in the Congress of the United States.
Given under our hands this 9th
day of November, 2006.
0=
i Board
~ Seru
~
-------~
. Chairman
A copy teste:
, Vice Chairman
';y'
"';Z.?A! ~~L-_/i'.p,"",i_.,_-o,__ ~'"_~_\
f ,~
. 'i
, Secretary
,.<(/~~; -='/' 1.LP'1! ~-I Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the City of VirQinia Beach , Virginia,
at the November 7,2006 General Election, for:
MEMBER
HOUSE OF REPRESENTATIVES
2nd District
NAMES OF CANDIDA TES WITH PARTY 10 AS PRINTED ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
PHILIP J. KELLAM - D ..............................
64,040
58,611
THELMA D. DRAKE - R .............................
Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED]
[Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] . . . . . . . . . .
329
Total Number of Overvotes For Office. . . . . . . . . . . . . . . . .
o
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 7, 2006, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United
States.
Given under our hands this 9th
day of November, 2006.
/~
1>" )L
'---1 '/
"" r~ Qhairman
A copy teste:
Electoral'~
Board
~~
, Vice Chairman
.' I _ -
.'.:"';,f. ?'?y-.!<~'{ "..!A'-~""":--''J
1 Secretary
<~~ ..:;r'. ~~ ' Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the City of VirQinia Beach
at the November 7,2006 Special Election, for:
, Virginia,
PROPOSED CONSTITUTIONAL AMENDMENTS
QUESTION 1: Shall Article I (the Bill of Rights) of the Constitution of Virginia be
amended to state:
"That only a union between one man and one woman may be a marriage valid in or
recognized by this Commonwealth and its political subdivisions.
This Commonwealth and its political subdivisions shall not create or recognize a
legal status for relationships of unmarried individuals that intends to approximate the
design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its
political subdivisions create or recognize another union, partnership, or other legal status
to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."?
TOTAL VOTES
RECEIVED
(IN FIGURES)
YES 70,694
NO 52,290
Total Number Of Overvotes For Question. . . . . . . . . . . . . 3
QUESTION 2: Shall Section 14 of Article IV of the Constitution of Virginia be amended
by deleting the provision that prohibits the incorporation of churches, a provision that
was ruled to be unconstitutional and therefore now is obsolete?
TOTAL VOTES
RECEIVED
(IN FIGURES)
YES 74,216
NO 42,973
Total Number Of Overvotes For Question. . . . . . . . . . , , , . . . 4
County/City of
City of Virainia Beach
Special Election
November 7,2006
Page 2 of 2
PROPOSED CONSTITUTIONAL AMENDMENTS
QUESTION 3: Shall Section 6 of Article X of the Constitution of Virginia be amended to
authorize legislation to permit localities to provide a partial exemption from real property
taxes for real estate with new structures and improvements in conservation,
redevelopment, or rehabilitation areas?
TOTAL VOTES
RECEIVED
(IN FIGURES)
YES 70,036
NO 47,882
Total Number Of Overvotes For Question. . . . . . . . . . . . . 9
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of
the Circuit Court of the election held on November 7, 2006, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election for and against the proposed constitutional amendments.
Given under our hands this 9th
day of November, 2006~/~
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Seal
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, Secretary
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Item V-No
ADJOURNMENT
ITEM # 55847
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:22 P.M.
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Beverly 0. Hooks, CMC
Chief Deputy City Clerk
---------------------------------
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
November 28, 2006