January 8, 2008 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District'
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 COUNCIL AGENDA
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 MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
08 JANUARY 2008
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
1:00 PM
A. CITIZEN SATISFACTION SURVEY RESULTS
Jeannine Perry, Project Manager - Continental Research Association, Inc,
B. PROPERTY MAX/WEB SITE FOR VIEWING REAL ESTATE ASSESSMENTS
J erald Banagan, Real Estate Assessor
C. EMERGENCY OPERA nONS PLAN
Chief Steve Cover, Fire Department
II, CITY COUNCIL LIAISON REPORTS
III, CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V, INFORMAL SESSION
- Conference Room -
3:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Kevin Milcarek
Pastor, Back Bay Christian Assembly
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
December 11, 2007
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. ELECTION PRECINCT CHANGE at BUCKNER:
from Holy Spirit Catholic Church to Green Run Baptist Church
2. CAPITAL BUDGET AMENDMENT FOR FY 2007-08
Urban Area Strategic Initiative Interoperable Communications Technology Grant
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code moving Buckner
Precinct Polling Place to Green Run Baptist Church
2. Ordinances to AUTHORIZE temporary encroachments:
a. Dana R. Jackson into Island Lake to construct and maintain one hundred nineteen
(119) linear feet of vinyl bulkhead, five-foot (5') return, five-foot x sixteen-foot
(5'xI6') access pier leading to a four-foot x 32-foot (4'x32') finger pier and a
twelve-foot x twelve-foot (12'xI2') 10,000 pound boatlift supported by four (4)
eight inch x 30-foot (8"x30') wood piles at the rear of 2400 Windward Shore Drive
DISTRICT 5 - L YNNHA VEN
b. James B., Jr. and Terri L. Ewing and Glen A. and M. Nicole Williams into Lake
Rudee to construct and maintain a portion of an open pile pier at the rear of 726
Kennedy Avenue
DISTRICT 6 - BEACH
c. 11 th Street L.C. (AKA 11 th Street L.L.c.) into a portion of 11 th Street, Atlantic and
Ocean Avenues to construct and maintain landscaping, concrete pavers, cobblestone
and drip irrigation system including a 4" PVC irrigation sleeve and a 2" PVC
irrigation electric wiring sleeve
DISTRICT 6 - BEACH
3. Ordinance to CREATE a new Capital Budget item and APPROPRIATE $3,213,780 from the
Department of Homeland Security's (DHS) Urban Area Security Initiative (UASI) program for
procuring services and equipment necessary in the implementation of the Hampton Roads
Overlay Regional Interoperability Network (ORION).
4. Ordinance to APPROPRIATE $48,000 from the General Fund Reserve for Contingencies re
the City's share of costs for the Tidewater Builders Association's (TBA) Building Trades
Academy to provide low income Virginia Beach residents a pre-apprenticeship program for
future employment in the residential construction industry.
5. Resolution SUPPORTING multi-modal accommodations for interim improvements to City
rights-of-way to enhance safety for pedestrians and cyclists (requested by Council Lady
Rosemary Wilson).
6. Resolution to EXPRESS SUPPORT for a Regional Waste Management Study by providing
partial funding re Landfill #2 expansion and to AUTHORIZE the City Manager to execute the
Virginia Beach portion of the Study to include a review of the existing (SPSA) system and
evaluate needs for the future 2018 to 2050.
K. PLANNING
1. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO), Subdivision for RJP, L.L.C., at 204 62nd
Street re subdividing an existing lot into two (2) lots and redeveloping a single-family dwelling
on each of the newly created lots.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
2. Application of FOR PETE'S SAKE, L.L.C. for a Conditional Use Permit re a riding academy
and horses for hire or boarding at 2428 London Bridge Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDA nON
APPROV AL
3. Application of HOPE LUTHERAN CHURCH for a Conditional Use Permit re a
columbarium at 5350 Providence Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
4. Application of NANTUCKET BY THE BAY, L.L.C. for the Modification to a Conditional
Change of Zoning request (approved by City Council on October 25, 2005 for S & J LLC) at
3762 Shore Drive and 3707 Stratford Road
DISTRICT 4 - BA YSIDE
RECOMMENDATION
APPROVAL
5. Ordinances to AMEND:
a. Sections 405, 1802, 1803, 1804, 1805, 1806, and 1807 of the City Zoning Ordinance (CZO)
establishing restrictions on development of property within the 65-70 dB DNL Noise Zone
and Interfacility Traffic Area and ADDING provisions re redevelopment of property in Air
Installations Compatible Use Noise Zones (AICUZ)
b. Official Zoning Map by ADDING Sub-Areas 1,2 and 3 of the 65 -70 dB DNL Noise Zone
c. Comprehensive Plan by incorporating provisions re the 65 -70 dB DNL Noise Zone and
Interfacility Traffic Area and a Map of Sub-Areas 1,2, and 3 of the 65 -70 dB DNL Noise
Zones
RECOMMENDATION
APPROVAL
L. APPOINTMENTS
COMMUNITY SERVICES BOARD (CSB)
RESORT ADVISORY COMMISSION (RAC)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
CITY COUNCIL'S JANUARY 2008 SCHEDULE
January 15, 2008
Workshop 4 - 6 PM
January 22, 2008
Briefing, Informal, Formal, Planning
February 19,2008 Virginia Beach Convention Center 7 - 9 PM
City-wide Town Meeting Storm water Plans and Funding
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda Ol/08/20008gw
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 8, 2008
Mayor Meyera E. Oberndorfcalled to order the CITY MANAGER'S BRIEFING re the results of the
recent CITIZEN SATISFACTION SURVEY in the City Council Conference Room, City Hall, on
Tuesday, January 8,2008, at 1:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Reba S.
McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
and James L. Wood
Council Members Absent:
Harry E. Diezel
[Entered: 3: 12 P.M attending
meeting.)
Vice Mayor Louis R. Jones
[Delayed, Entered: 1:20 P.M)
Rosemary Wilson
[Entered: 5:50 P.M Drove
her daughter to Dulles
International Airport as she
was commencing a
"round the World" trip)
January 8,2008
- 2 -
CITY MANA GER'S BRIEFING
CITIZEN SATISFACTION SURVEY RESULTS
ITEM # 57182
Susan Walston, Chief of Staff, introduced Jeannine Perry, Senior Project Manager - Continental
Research Associates, to present the results of the Citizen Action Survey. She is responsible for the
monitoring and phasing of all phases of the study.
Mrs. Perry advised Continental Research Associates has performed the study every two years since
1995. The 2007 Survey is based on the prior survey.
Objective:
To learn how residents feel about their community and the services provided by the
City of Virginia Beach.
~ Benchmark survey in 1995
~ Similar questionnaires - primarily satisfaction ratings
~ Telephone method (Sunday - Thursday evenings)
~ Minimum of six (6) attempts to reach each household
~ Sample size five hundred (500) adults (randomly selected)
~ Margin of Error: -r.1% to -r.4.4% (worst case)
2007 Methodology
~ 15 minute. survey - Was well-received
~ Calls made October 30th through November 28th (used CATI system)
~ Highly scientific procedures
~ Report includes. surveys since 1995 (most recent = 2005)
~ Detailed analysis given to Department of Management Services
Participants rated their satisfaction with
31 City services & characteristics:
Very Satisfied, Satisfied, Dissatisfied, or Very Dissatisfied
For simplicity: Very Satisfied + Satisfied = "Satisfied"
Many localities define excellence as an eighty percent (80% or
higher) level of satisfaction. In Virginia Beach, 21 of the 31 City
services rated above the eighty percent (80%) threshold
Items with a Satisfaction Level Above 95%
% Satisfied*
99.4%
98.0%
97.6%
97.3%
96.8%
Fire Department
Public Libraries
Paramedic and Rescue Squad
911 Emergency Telephone Center
Recreation Centers
Appearance of municipal buildings
and facilities
Overall appearance of the City
Parks
* "Very Satisfied" + "Satisfied"
96.2%
95.6%
95,2%
January 8. 2008
- 3 -
CITY MANAGER'S BRIEFING
CITIZEN SATISFACTION SURVEY RESULTS
ITEM # 57182 (Continued)
Items with Satisfaction Between
90% and 95%
Number of opportunities for volunteerism
Courtesy of City employees
Police
Museums/ aquarium/cultural activities
Work performance of City employees
Horticultural & Agricultural services
City trash collection & recycling services
Items with Satisfaction Between
80% and 89%
Overall appearance of your neighborhood
Public school system
Drinking water and sanitary sewer services
Public beaches
Mental health and mental retardation
services
Thejob opportunities in Virginia Beach *
*Improved since 2005.
Items with Satisfaction Below 80%
% Satisfied
94.4%
94.2%
94.0%
94.0%
93.7%
91.1%
90.4%
% Satisfied
89,4%
86.2%
86.0%
85.7%
83.2%
80.2%
% Satisfied
Efforts to combat gang activity/violence 75.8%
The City's work with other area communities 75.0%
Services for needy or homelessfamilies* 73.4%
Rain water drainage * 70.8%
Efforts to protect natural resources 64.6%
Maintenance of existing City roads & bridges 64.3%
Opportunities citizens have to share their ideas 59.0%
Planning & construction of new City roads 51.5%
Planningfor residential development 50.5%
TraXfrcflow 3~0%
*Improved since 2005,
% Using Some City Services (Past twelve (12) months)
% Who Said "Yes"
Visited a Virginia Beach public library and/or
used the library from home/work
Visited a City park
Visited a Virginia Beach public beach
Had contact with or observed Public Safety
(Police, Fire, Rescue Squad)
Went to a museum, the aquarium, or a
cultural activity in Virginia, Beach
Contacted the City by phone/Internet/in person
Been to a Virginia Beach recreation center
81,6%
79.8%
79.6%
73.4%
67.4%
63,6%
58.6%
(n=500)
January 8, 2008
- 4 -
CITY MANA GER'S BRIEFING
CITIZEN SATISFACTION SUR VEY RESULTS
ITEM # 57182 (Continued)
% Who "Agreed" With Each Statement
Virginia Beach is a good place to live
For the most part, I can conveniently
access City services
My neighborhood is a safe place to live
Virginia Beach, in general, is a safe place
to live
Overall, I receive a good value for my
City tax dollar
I know how to inform the City about
the way I feel on important issues
* "Strongly Agree" + "Agree"
% Who Agree" *
96.0%
95.4%
93.2%
92.8%
74.2%
70.6%
Average number of years lived in Virginia Beach 20.0 yrs.
% who reported being homeowners
% who reported being renters
Average age (head of household)
% who reported being registered voters
% who are White
% who are African American
% who are Hispanic
% from another ethnic background
% with yearly household income of $100,000+
78.0%
22.0%
46.3 yrs,
81.2%
74.2%
21.2%
1.2%
3.4%
23.4%
The genders were equally represented in the study. 51% of the respondents were female and 49% were
male. Mrs. Perry advised and they utilized a "T-Test" statistic to determine statistical significance, nine
(9) items showed significant improvement over 2005. A "T-Test" is based on average ratings: Fire
Department service.
.:. Paramedic & Rescue Squad services
.:. The 911 Emergency Telephone Center
.:. Recreation centers
.:. The appearance of the City's municipal bulldogs facilities
.:. City parks
.:. Job opportunities in the City
.:. Services for needy or homeless families
.:. Rain water drainage
January 8,2008
- 5 -
CITY MANA GER'S BRIEFING
CITIZEN SATISFACTION SUR VEY RESULTS
ITEM # 57182 (Continued)
Satisfaction scores were quite high, indicating that residents are quite pleased with the quality of life in
Virginia Beach. Ten (10) areas were itemized where additional focus may be warranted (traffic, roads,
growth, drainage, gangs, etcetera). Ninety-six percent (96%) are satisfied with the appearance of the
City. Ninety-six (96%) believe Virginia Beach is a good place to live. Ninety-five ( 95%) believe they can
conveniently access City services.
Mrs, Perry advised a more detailed analysis has been given to the Department of Management Services
that examines each question in this report by the various demographic groups.
Council Lady McClanan advised the educational system in the City has been one of the primary economic
development tools.
Mrs. Perry advised the Virginia Beach Public Schools conduct their own surveys. This is the first time the
question re Virginia Beach Schools has been posed on the Citizen Satisfaction Survey.
Councilman Dyer requested more detail concerning gangs and the statistics compiled by zip code.
January 8, 2008
- 6 -
CITY MANAGER'S BRIEFING
PROPETY MAX/WEB SITE - REAL ESTATE
1:37 P.M.
ITEM # 57183
Jerald Banagan, Real Estate Assessor, advised the new Web Site went live before January 1, 2008.
Several years ago, the City initiated efforts to replace the old computer systems on the City's main frame.
Through a collaborative effort of COMIT, the Commissioner of Revenue, Treasurer and the Real Estate
Assessor's Offices, the RACS project was born. This project entailed converting the revenue/assessment
and collection systems to state-of-the-art software systems. A Request for Proposal (RFP) process was
followed and ultimately Marathon was chosen as the vendor. This company has a number of products:
Pro Val, the City's appraisal system and Property Max, which is the software system used to display that
information on the Real Estate Assessor's website. Mr. Banagan expressed appreciation to David
Hansen, Chief of Finance and Technology, and his leadership concerning the process. Phase I of this
system "went live' in July. At that time, the main efforts were to create the Land Book by September and
send the first 'half of the bills for the City Treasurer by November First. Then, efforts were concentrated
on the website, The website contains a short film re real estate assessments, as well as containing the
Annual Report. Mr, Banagan displayed the "home page" which is similar to the existing page.
Information is also contained re the Senior Citizens Program, Rehabilitative Real Estate Program, Land
Use Program. Assessments can be searched by property address, GPIN and legal description, A few
items were not resolved, but the Real Assessor's office is still working on a few minor corrections, i. e.
document numbers. The assessment is displayed on the top of the page.
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Mr. Banagan displayed an example of a Parcel on the WebSite, denoting address, transfer date, Deed
Book/Page, District, Legal Description, zoning, property class code and neighborhood code.
January 8,2008
II
- 7 -
CITY MANAGER'S BRIEFING
PROPETY MAXlWEB SITE - REAL ESTATE
ITEM # 57183 (Continued)
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Website pages were also displayed re Improvements and Dwelling. A new feature, not on the former
website, is the sketch of the residential property, which is actually the engine on which the assessment
system works. Another feature, this system has the capability of displaying a photograph of the house.
Currently, photographs are only available for new construction. This feature will be expanded.
Additional funding is necessary for this photography.
January 8, 2008
II
- 8 -
CITY MANAGER'S BRIEFING
PROPETY MAXlWEB SITE - REAL ESTATE
ITEM # 57183 (Continued)
Mr. Banagan advised these photographs will only depict the exterior. This is a tool to determine the
square footage of the integral parts of the house. The Sales Disclosure can display the last three (3)
transfers of the property. A Value History page depicts four (4) years of assessments broken down into
land and improvements.
Mr. Banagan displayed slides depicting Previous Website Structural Improvements. These cannot be
replicated in the new system (enhancements to the base value). Mr. Banagan depicted in detail what has
been removedfrom the Real Estate Assessment Website.
Mr. Banagan displayed the Model Buildup Summary from the Pro Valuation Engine Table. Before, the
City had a simplistic system. This system displays base rates, enhanced by features, altered and factored
by depreciation and grade. The Website will show description of the building, square footage of its
incremental parts, but only a final assessment will contain the improvement component.
Mr. Banagan advised grade and condition are probably the two main items reviewed. At the present
time, the Real Estate Assessor's office does not go on-site to review property by property as the staff is
not sufficient in number. The staff reviews the neighborhood to determine if average conditions still
exist. On appeals, every home is reviewed.
Concerning the number of "For Rent" signs on homes, which have been for sale for a longer period of
time, Mr. Banagan advised real estate is moving into a market which is much slower. There is a great
deal of unsold inventory out there.
Concerning appeals, staff reviews the home to determine accurate data, The Tax Equalization Board will
meet with the taxpayer with the Real Estate Assessor's office staff in attendance.
Mr. Banagan advised the next assessment is now being finalized and he will be report to City Council in
February or March. The figure will be modest compared to the 20% last year.
Mr. Banagan expressed appreciation and the good fortune to have secured the services of Ron Agnor,
Assistant Real Estate Assessor, and President - Pro Val Users Group, and Sue Cunningham, Real Estate
Appraiser IlL and Secretary - Pro Val Users Group from Hampton. Mr. Banagan advised the
assessments are driven by sale prices in the neighborhood, not by the budget needs of the City.
The assessment will be based on 2007 data, as when these assessments were determined, they did not
have the advantage of the 2008 sales.
January 8,2008
- 9 -
CITY MANAGER'S BRIEFING
EMERGENCY OPERATIONS PLAN
2:22 P.M.
ITEM # 57184
Mayor Oberndorf introduced Chief Steve Cover, Fire Department, to review the City of Virginia Beach
Emergency Operations Plan (EOP).
Chief Cover advised the review process has recently changedfrom past practices in that afour-year cycle
and aformal adoption by City Council are among the requirements for compliance with state emergency
management laws, Code of Virginia 9 44-146.19. The Emergency Operations Plan is a basic plan
providing a framework to manage large scale incidents within the City of Virginia Beach. It is not an all
encompassing plan.
Legal References
. Code of Virginia 44-146.19
. Four year update process *
. EOP adoption by locality's governing body*
· Code of the City of Virginia Beach
Other References
. National Incident Management System (Homeland Security)
. Professional Standards:
. NFPA 1600 Emergency Management Standards
. Local Capabilities Readiness Assessment (LCAR)
. Emergency Management Accreditation Program (EMAP)
. National Preparedness System (NPS)
Emergency Operations Plan Format
Purpose
Situation
Assumptions
Concept of Operations
Organization
Responsibilities
Administration
Authorities and References
Tabs and Appendixes
Chief Cover outlined the purpose of the Plan:
The City's Emergency Operations Plan (EOP) provides an organizational framework and
response capability from which the City can respond to natural, technological, man-
made, or war-caused emergency events requiring a comprehensive integrated response.
January 8, 2008
I'
- 10 -
CITY MANA GER'S BRIEFING
EMERGENCY OPERATIONS PLAN
ITEM # 57184 (Continued)
The Emergency Operations Plan defines a series of situations that are relevant to the background and
basis for the Plan.
SITUATION
. The City is vulnerable to various natural, technological, human, and wartime related
threats for which planning is desirable
. Hurricanes represent the primary catastrophic emergency facing the city and serves as
the focal point for emergency planning
. A variety of other threats exist including: pandemic, hazardous materials incidents,
drought and water shortages, terrorist activity, nuclear energy accidents, air
transportation accidents, civil disturbances, winter storms, and other types of severe
weather that could result in a major or catastrophic emergency
. Because of the strategic and military value of the Hampton Roads Region, this area is
considered a potential target in the event of a war and a potential target for terrorist
activity
. The Emergency Operations Plan is mandated by city and state legislation and is also a
requirement for emergency management assistance funding accepted by the City
ASSUMPTIONS
. The City has significant resources to deal with many emergencies; however, these resources
can be quickly overwhelmed and exhausted due to the escalation of a major or catastrophic
emergency
. The City will strive to plan for an accepted level of risk for those emergencies it might face;
realizing that total preparedness is not a realistic goal
. The public should be prepared to react to the threat of an emergency and prepare for the
possibility of being isolated from public services. While 72 hours is considered the standard to
be prepared to be on your own, the ability to survive for up to a week needs to be considered
. The City would depend upon outside resources and assistance during a major emergency.
However, outside assistance may take up to 72 hours, or longer, to arrive and effectively deal
with the consequences of a major emergency
. Large scale emergencies are managed from the Emergency Operations Center (EOC), a
centralized operation, located at 2508 Princess Anne Road, Building 30
Concept of Operations
. Direction and Control
. Comprehensive Emergency Management
. National Incident Management System (NIMS)
. Incident Command System (ICS)
. Emergency Management Functions
. Emergency Operations Center (EOC)
January 8,2008
- 11 -
CITY MANAGER'S BRIEFING
EMERGENCY OPERATIONS PLAN
ITEM # 57184 (Continued)
A significant part of the Emergency Operations Plan is the assignment of responsibilities. The general
responsibilities are applicable to all within the organization.
Responsibilities
(General)
. IdentifY and classify departmental missions to include: Vital, Essential, Critical, and Non-
essential missions
. Prepare contingency plans and procedures to ensure business continuity witlt regards to
general government and internal organizational operations
. Assess and report any injuries, loss of life, and/or damage to facilities and equipment
associated witlt tlte emergency to the EOC
. Provide records and reports to document emergency activities for possible reimbursement
tltrough tlte Public Assistance Program
. Develop public information materials for distribution in emergency situations
. Communicate emergency responsibilities to employees to ensure tlteir preparedness when
responding to any emergency situation
. Prepare to work in non-traditional and supporting roles wlten needed
. Establislt appropriate lines of succession for organizational functions
. Provide for tlte protection of vital records and other resources within your area of
responsibility
. Develop and maintain appropriate communications and notification procedures
January 8, 2008
- l2 -
CITY MANA GER'S BRIE FING
EMERGENCY OPERATIONS PLAN
ITEM # 57184 (Continued)
City Clerk and City Counc:il
1. Monitor City emergency preparedness and response
2, Ratify City Manager's emergency declarations
3. Consider emergency ordinances when proposed in emergency situations
4. Participate in public relations activities as requested
Public Utilities
1. Provide potable water and sanitary sewer services
2. Operate and maintain the City's water distribution system
3. Assist Hampton Roads Sanitation District (HRSD) with sanitary sewer operations
4. Coordinate provisions for outside water sources
5. Assist the City of Norfolk Moore's Bridges Water Treatment Facility to ensure
adequate water pressures and flows are maintained in the City of Virginia Beach
The Emergency Operations Plan includes a wide range of documents, legislation and information that
are utilized as reference tools to support the operation of the Emergency Operations Plan. Examples of
this documentation are the National Response Plan, Layout of Mercy Operations Center, Critical
Infrastructure Issues, Flood Maps, staffing documents, etcetera.
The goal of the Emergency Planning Process (EOP) in Virginia Beach is to enhance emergency
preparedness within the community. The EOP is just one of many plans that make up what is called the
Comprehensive Emergency Management Plan (CEMP). Currently, a variety of complementary plans are
in varying stages of development. These plans are a continuous improvement process and a dynamic one
that is constantly working on issues
Comprehensive Emergency Management Plan (CEMP)
· Basic Emergency Operations Plan (EOP)
· Administrative Plan
· Functional Annexes
· Support Annexes
· Incident Specific Appendixes
· Hazard Mitigation Plan
· Continuity of Government and Operations Plan
Mayor Oberndorf expressed appreciation to Chief Cover and his stafffor their dedication. All of the
citizens who reside and work around Shore Drive are very proud of the new Fire Station.
January 8, 2008
- 13 -
CITY COUNCIL LIAISON REPORTS
2: 53 P.M.
ITEM # 57185
Councilman DeSteph referenced a series of meetings with the Southeastern Public Service Authority
(SPSA) representatives re flow control. SPSA is still gathering additional information to respond to
concerns. Additional questions were raised by Councilman DeSteph and other Virginia Beach and
Chesapeake City Council members re the financial model. When responses are received, Councilman
DeSteph shall share.
Mayor Oberndorf advised of a visit from the Southeastern Public Service Authority (SPSA) and their
lobbyist. Concerning the Briefing attended by Mayor Oberndorf and Vice Mayor Jones, SPSA
representatives have offered to give the same report to City Council and pose their concerns. SPSA is
also requesting the City support the Regional Waste Management Study and AUTHORIZE the City
Manager to execute the Virginia Beach portion of the Study to include a review of the existing (SPSA)
system and evaluate needsfor the future 2018 to 2050. This item is scheduledfor today's City Council
Formal Session (January 8, 2008).
January 8,2008
- 14 -
CITY COUNCIL COMMENTS
2:55 P.M
ITEM # 57186
Council Lady Henley advised re a constituent's concern relative amendments defining Major
Recreational Equipment and location, particularly in relation to "L" shaped ranch homes (ADOPTED:
November 13, 2007).
Ordinance to AMEND Sections 111 and 205 of the City Zoning
Ordinance (CZO) defining "Major Recreational Equipment" and
restricting the locations on which such equipment may be stored
Karen Lasley, Zoning Administrator, has been unable to contact the citizen. Council Lady Henley
advised Mrs. Lasley believes this Ordinance is working itself out and has not met with a great deal of
opposition. However this gentleman points to the fact that for years he was in compliance and then
suddenly the next day was not, because the regulation was changed. At the time, the equipment purchased
was also legal. He now has the financial hardship of storing the vehicle elsewhere. Council Lady Henley
inquired, as this is a hardship, could the citizens affected by allowed additional time for compliance.
Ms. Lasley advised there are two (2) main neighborhoods that are impacted. Even the citizen who had
expressed concern to Council Lady Henley is now in compliance, It does involve a cost, whether a
concrete slab or a new location for the RV. Ms. Lasley will advise the citizens concerned with
compliance to contact her personally and she will provide assistance.
ITEM # 57187
Council Lady Henley had referenced previously the report from the Historic Sites Organizing Committee
would be received today.
Council Lady Henley would like to bring forward a proposed item addressing the tax incentive for
owners of historic properties and the owner's ability to retain them during the next City Council Session.
Council Lady Henley believes it is important to move this forward in order to be a part of this year's
Operating Budget.
January 8, 2008
- 15 -
AGE N DA REV IE W S E S S ION
3:03 P.M
ITEM # 57188
3. Ordinance to CREATE a new Capital Budget item and APPROPRIATE $3,213,780
from the Department of Homeland Security's (DHS) Urban Area Security Initiative
(UASI) program for procuring services and equipment necessary in the
implementation of the Hampton Roads Overlay Regional Interoperability Network
(ORION).
Council Lady McClanan inquired re the number of radios involved. Gwen Cowart, Director -
Communications and Information Technology, advised this grant is actually focused on the rest of the
region. The City is administering the contracts. The majority of this funding will be to install radio
towers, Each of the Cities will be getting a small number of radios. The City of Virginia Beach will
receive approximately forty (40). These will operate on the City of Virginia Beach and regional networks.
The Network will be extended to allow the City to communicate all the way to James City County and
westward to Franklin. This is the advantage of the Orion Network, it gives the City one network to inter-
communicate between all of the cities in the region, as opposed to separate radio networks.
ITEM # 57189
1. Resolution SUPPORTING multi-modal accommodations for interim
improvements to City rights-ofway to enhance safety for pedestrians and
cyclists (requested by Council Lady Rosemary Wilson).
Correspondence of January 7, 2008, from Council Lady Wilson was referenced. Council Lady Wilson
has spoken with Council Lady Henley and they have agreed to DEFER this Resolution until the City
Council Session of January 22, 2008, Council Lady Wilson will be speaking on this subject with the
Agricultural Advisory Committee previous to that date. Council Lady Henley advised this whole issue
with biking is important and needs to be done without creating conflicts. Council Lady Henley is not so
sure the City Council is not raising expectations within the biking community.
ITEM # 57190
BYCONSENSUS, thefollowing items shall compose the CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND and REORDAIN Section 10-1 of the City Code
moving Buckner Precinct Polling Place to Green Run Baptist Church
2. Ordinances to A UTHORIZE temporary encroachments:
a. Dana R. Jackson into Island Lake to construct and maintain one
hundred nineteen (119) linear feet of vinyl bulkhead, five-foot (5') return,
five-foot x sixteen-foot (5 'xI6 ') access pier leading to a four-foot x 32-
foot (4 'x32 ') finger pier and a twelve-foot x twelve-foot (12 'xI2 ') 10,000
pound boatlift supported by four (4) eight inch x 30-foot (8 "x30 ') wood
piles at the rear of2400 Windward Shore Drive
DISTRICT 5 - LYNNHA VEN
b. James B., Jr. and Terri L. Ewing and Glen A. and M Nicole Williams
into Lake Rudee to construct and maintain a portion of an open pile pier
at the rear of 726 Kennedy Avenue, DISTRICT 6 - BEACH
January 8,2008
- 16 -
AGE N DA REV I E W S E S S ION
ITEM # 57190 (Continued)
c. 1 th Street L. C. (AKA 1 th Street L.L. C.) into a portion of 1 th Street,
Atlantic and Ocean Avenues to construct and maintain landscaping,
concrete pavers, cobblestone and drip irrigation system including a 4"
PVC irrigation sleeve and a 2" PVC irrigation electric wiring sleeve
DISTRICT 6 - BEACH
3. Ordinance to CREATE a new Capital Budget item and APPROPRIATE
$3,213,780 from the Department of Homeland Security's (DHS) Urban Area
Security Initiative (UASI) program for procuring services and equipment
necessary in the implementation of the Hampton Roads Overlay Regional
Interoperability Network (ORION).
4. Ordinance to APPROPRIATE $48,000 from the General Fund Reserve for
Contingencies re the City's share of costs for the Tidewater Builders
Association's (TBA) Building Trades Academy to provide low income
Virginia Beach residents a pre-apprenticeship program for future
employment in the residential construction industry.
5. Resolution SUPPORTING multi-modal accommodations for interim
improvements to City rights-ofway to enhance safety for pedestrians and
cyclists (requested by Council Lady Rosemary Wilson).
6. Resolution to EXPRESS SUPPORT for a Regional Waste Management
Study by providing partial funding re Landfill #2 expansion and to
A UTHORIZE the City Manager to execute the Virginia Beach portion of the
Study to include a review of the existing (SPSA) system and evaluate needs for
the future 2018 to 2050.
Item 5 (multi-modal accommodations for interim improvements) shall be DEFERRED, BY CONSENT,
until the City Council Session of January 22, 2008.
January 8, 2008
- 17 -
AGE N DA REV IE W S E S S ION
ITEM # 57191
2. Application of FOR PETE'S SAKE, L.L.c. for a Conditional Use Permit re a
riding academy and horses/or hire or boarding at 2428 London Bridge Road.
DISTRICT 7 - PRINCESS ANNE
Council Lady Henley referenced this application is within the Hunt Club property. All of these properties
are served by the privately owned gravel roads. Council Lady Henley requested more staff information re
the drainage of this property. This item shall be discussed during the Formal Session.
ITEM # 57192
\
3. Ordinances to AMEND:
a. Sections 405, 1802, 1803, 1804, 1805, 1806, and 1807 of the City Zoning
Ordinance (CZO) establishing restrictions on development of property within the
65-70 dB DNL Noise Zone and Interfacility Traffic Area and ADDING
provisions re redevelopment of property in Air Installations Compatible Use
Noise Zones (AICUZ)
b. Official Zoning Map by ADDING Sub-Areas I, 2 and 3 of the 65 - 70 dB DNL
Noise Zone
c, Comprehensive Plan by incorporating provisions re the 65 - 70 dB DNL Noise
Zone and Interfaculty Traffic Area and a Map of Sub-Areas I, 2, and 3 of the 65-
70 dB DNL Noise Zones
Council Lady McClanan referenced several calls re the length of time these properties would be boarded
up. The City Attorney advised a City committee is reviewing these properties and their disposal. The
Oceana Land Use Conformity Committee meets one a month and a report can be provided re these homes
on January 22, 2008. Mr. Lilley advised the City Ordinance ceasing residential development in APZ-I
Clear Zone Areas was ADOPTED December 20, 2005. There were some developments and lots that were
vested, zoned correctly and substantial expenditures were involved in the development of these properties,
prior to the time the Ordinance was enacted. Those vested properties were permitted to go forward.
However, City Council, directed the staff, whenever possible, to try to negotiate with the vested property
owners to prevent the construction of new residences. The City staff made diligent efforts to purchase the
development on London Bridge Road before it was constructed. The price was too high. Council Lady
McClanan requested a letter be written to The Beacon addressing this issue.
January 8, 2008
- 18 -
AGENDA RE VIE W SESSION
ITEM # 57193
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA
K. PLANNING
I. Variance to J4.4(b) of the Subdivision Ordinance that requires all newly
created lots meet the requirements of the City Zoning Ordinance (CZO),
Subdivision for RJP, L.L.c., at 204 62nd Street re subdividing an existing lot
into two (2) lots and redeveloping a single-Jamily dwelling on each of the newly
created lots.
DISTRICT 5 - LYNNHA VEN
3 Application of HOPE LUTHERAN CHURCH for a Conditional Use Permit
re a columbarium at 5350 Providence Road.
DISTRICT 2 - KEMPSVILLE
4. Application of NANTUCKET BY THE BAY, L.L. C for the Modification to a
Conditional Change of Zoning request (approved by City Council on October
25, 2005 for S & J LLC) at 3762 Shore Drive and 3707 Stratford Road
DISTRICT 4 - BAYSIDE
Item K.4 (NANTUCKET BY THE BAY, L.L.C) shall be DEFERRED, BY CONSENT, until the City
Council Session of January 22, 2008.
January 8,2008
- 19 -
ITEM # 57194
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 of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
Performance of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of City Property: Princess Anne Commons
Lynnhaven Marina
LEGAL MATTERS: Consultation with legal counselor briefings by
staff members, consultants, or attorneys pertaining to actual or probable
litigation, where such consultation or briefing in an open meeting would
adversely affect the negotiating or litigating posture of the public body,
or consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by counsel pursuant to Section 2.2-3711 (A)(7).
Team Effort, Inc., t/a Hammerheads v, City of Virginia Beach, et al
The Block, Inc. t/a Crazy Charlie's v. City of Virginia Beach, et al
Royal Restaurants, Inc. t/a Chicho 's v. City of Virginia Beach, et al
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION at 3:30 P.M.
January 8, 2008
- 20-
ITEM # 57194 (Continued)
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel William R. "Bill" DeSteph,
Barbara M Henley, Vice Mayor Louis R. Jones,
Mayor Meyera E. Oberndorf John E. Uhrin,
and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
(Break: 3:34 P.M. - 3:40 P.M.)
(Private Session: 3:40 P.M. - 4:00 P.M.)
(Closed Session: 4:00 P.M. - 5:50 P.M.)
(Dinner: 5:50 P'M. - 6:10 P.M.)
Robert M Dyer,
Reba S. McClanan,
Ron A. Villanueva,
January 8,2008
- 21 -
FORMALSESSION
VIRGINIA BEACH CITY COUNCIL
January 8, 2008
6:15 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 8, 2008, at 6: 15 P.M
Council Members Present:
Harry E. Diezel, 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 1. Wood
Council Members Absent:
None
INVOCATION: Reverend Kevin Milcarek
Pastor, Back Bay Christian Assembly
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict, If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council, Vice Mayor Jones
regularly makes this disclosure, Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
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.
January 8,2008
- 22-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
(Continued)
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.
January 8,2008
- 23 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 57196
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, 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: 10-0
Council Members Voting Aye:
Harry E. Diezel, 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 and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
None
Council Lady Wilson ABSTAINED as she arrived very late during the Closed Session and did not
participate in those discussions. She was returning from driving her daughter to Dulles International
Airport.
January 8,2008
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 57194, Page 19) and in accordance with the provisions of The
Virginia Freedom of Information Act, and)
WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law,
NOff, THEREFORE, BE IT RESOL VED: 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.
January 8, 2008
- 24-
Item V- F.l
ITEM # 57197
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of December 11, 2007.
Voting: 10-0
Council Members Voting Aye:
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 Abstaining:
William R. "Bill" DeSteph
Council Members Absent:
None
Councilman DeSteph ABSTAINED as he was out of town, attending the funeral of his Grandmother.
January 8, 2008
Item V-G.2.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 25 -
ITEM # 57198
AGENDA FOR THE FORMAL SESSION
January 8, 2008
I I I
- 26-
Item V-H.l
MAYOR'S PRESENTATION
ITEM # 57199
Mayor Oberndorf RECOGNIZED the attendance of Mr. Jackson and Mrs. Watson's PRINCESS
ANNE HIGH SCHOOL classes
Mayor Oberndorf presented the Students City Seal pins
January 8,2008
I; II
- 27 -
Item V-H.I.
PUBLIC HEARING
ITEM # 57200
Mayor Oberndorf DECLARED a PUBLIC HEARING:
ELECTION PRECINCT CHANGE AT BUCKNER
From Holy Spirit Catholic Church to Green Run Baptist Church
There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING.
January 8,2008
- 28-
Item V-H.2.
PUBLIC HEARING
ITEM # 57201
Mayor Oberndorf DECLARED a PUBLIC HEARING:
CAPITAL BUDGET AMENDMENT FOR FY 2007-08
Urban Area Strategic Initiative Interoperable Communications
Technology Grant
There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING.
January 8,2008
- 29-
Item V-J.
ORDINANCES/RESOLUTIONS
ITEM # 57202
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE
MOTION Ordinances/Resolutions J, 2a/ble, 3, 4, 5 (DEFERRED) and 6 of the CONSENT AGENDA.
Item J.5 (multi-modal accommodations for interim improvements) shall be DEFERRED, BY
CONSENT, until the City Council Session of January 22, 20008.
Voting:
J J -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
January 8, 2008
I il
- 30 -
Item V-J.1.
ORDINANCES/RESOLUTIONS
ITEM # 57203
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 10-1 of the City Code
moving Buckner Precinct Polling Place to Green Run Baptist Church
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
January 8,2008
1
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46
AN ORDINANCE TO AMEND AND REORDAIN SECTION 10-
1 OF THE CITY CODE BY MOVING BUCKNER PRECINCT
POLLI NG PLACE
SECTION AMENDED: 9 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 10-1 of the City Code is hereby amended and reordained, to read as
follows:
Sec. 10-1. Establishment of precincts and polling places.
There are hereby established in the city the following precincts and their respective
polling places, as set forth below:
Precinct
Polling Place
Alanton Elementary School
Kemps Landing Magnet School
Arrowhead Elementary School
Avalon Church of Christ
Ebenezer Baptist Church
Bayside Elementary School
Salem Middle School
Blackwater Fire Station
Virginia Beach Free Will Baptist Church
Brandon Middle School
Bow Creek Recreation Center
Holy Spirit Catholic Church
Green Run Baptist Church
Research and Enlightenment Building (Edgar
Cayce Library)
Back Bay Christian Assembly
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
Lynnhaven Colony Congregational Church
Corporate Landing Middle School
Courthouse Fire Station
Creeds Fire Station
Salem United Methodist Church
Ocean Lakes High School
Green Run High School
1
Alanton
Aragona
Arrowhead
Avalon
Baker
Bayside
Bellamy
Blackwater
Bonney
Brandon
Brookwood
Buckner
Cape Henry
Capps Shop
Centerville
Chesapeake Beach
College Park
Colonial
Colony
Corporate Landing
Courthouse
Creeds
Cromwell
Culver
Dahlia
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
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77
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84
85
86
87
88
89
90
91
92
Davis Corner
Eastern Shore
Edinburgh
Edwin
Fairfield
Foxfire
Glenwood
Great Neck
Green Run
Haygood
Hillcrest Precinct
Holland
Homestead
Hunt
Indian Lakes
Kings Grant
Kingston
Lake Christopher
Lake Joyce
Lake Smith
Landstown
Larkspur
Lexington
Linkhorn
Little Neck
London Bridge
Lynnhaven
Magic Hollow
Malibu
Manor
Mt. Trashmore
Newtown
North Beach
North Landing
Ocean Lakes
Ocean Park
Oceana
Old Donation
Pembroke
Pinewood
Plaza
Pleasant Hall
Point O'View
Red Wing
Reon
Rock Lake
Bettie F. Williams Elementary School
Eastern Shore Chapel
St. Aidan's Episcopal Church
Kempsville Recreation Center
Kempsville Presbyterian Church
Princess Anne Middle School
Glenwood Elementary School
All Saints Episcopal Church
Green Run Elementary School
Haygood United Methodist Church
Victory Baptist Church
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
Indian Lakes Elementary School
St. Nicholas Catholic Church
King's Grant Presbyterian Church
New Convenant Presbyterian Church
Morning Star Baptist Church
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Kempsville Church of God
Virginia Beach Community Chapel
Lynnhaven United Methodist Church
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Providence Elementary School
Windsor Woods Elementary School
Good Samaritan Episcopal Church
Galilee Episcopal Church
Hope Haven
Ocean Lakes Elementary School
Bayside Community Recreation Center
Scott Memorial United Methodist Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Presbyterian Church
Lynnhaven Elementary School
Kempsville Baptist Church Pleasant Hall Annex
Kempsville Church of Christ
Fraternal Order of Police, Lodge #8
Woodstock Elementary School
Salem Elementary School
2
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Rosemont Forest
Roundhill
Rudee
Seatack
Shannon
Shelburne
Shell
Shelton Park
Sherry Park
Sigma
South Beach
Stratford Chase
Strawbridge
Tallwood
Thalia
Thoroughgood
Timberlake
Trantwood
Upton
Village
Windsor Oaks
Witchduck
Wolfsnare
Central Absentee
Voter Precinct
Rosemont Forest Elementary School
Salem High School
Virginia Beach Volunteer Rescue Squad Building
Mount Olive Baptist Church
Church of the Ascension
Christopher Farms Elementary School
Unity Church of Tidewater
Shelton Park Elementary
St. Matthews Catholic Church
Red Mill Elementary School
Contemporary Art Center of Virginia
Community United Methodist Church
Strawbridge Elementary School
Tallwood Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Three Oaks Elementary School
Thalia Lynn Baptist Church
St. Francis Episcopal Church
Bayside Presbyterian Church
Virginia Beach Christian Life Center
AgricultureNoter Registrar Building
118 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th
119 day of January , 2008.
APPROVED AS TO CONTENT:
~~Qkw~
Voter Registrar U
CA 10602
R-2
December 28,2007
APPROVED AS TO LEGAL
SUFFICIENCY:
~~cr-
3
,I I
- 31 -
Item V-J.2.a.
ORDINANCES/RESOLUTIONS
ITEM # 57204
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments:
Dana R. Jackson into Island Lake to construct and maintain one hundred nineteen (119) linear
feet of vinyl bulkhead, five-foot (5') return, five100t x sixteen-foot (5 'xI6 ') access pier leading to
afour100t x 32-foot (4 'x32 ') finger pier and a twelve-foot x twelve100t (12 'xI2 ') 10,000 pound
boatlift supported by four (4) eight inch x 30-foot (8"x30') wood piles at the rear of 2400
Windward Shore Drive, DISTRICT 5 - LYNNHA VEN:
The following conditions shall be required:
I. The Temporary Encroachment will be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in
accordance with the City's specifications and approval.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity, and Grantee shall
bear all costs and expenses of such removal.
3. The Temporary Encroachment herein authorized terminates upon notice by the City to
the Grantee, and that within thirty (30) days after the notice is given, the Temporary
Encroachment must be removedfrom the Encroachment Area by the Grantee; and that
the Grantee will bear all costs and expenses of such removal.
4. The Grantee shall indemnify and hold harmless the City, its agents and employees, from
and against all claims, damages, losses and expenses, including reasonable attorney's
fees, in case it shall be necessary to file or defend an action arising out of the
construction, location or existence of the Temporary Encroachment.
5. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the Grantee.
6. The Grantee agrees to maintain the Temporary Encroachment so as not to become
unsightly or a hazard.
7. The Grantee must obtain a permit from the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit ").
January 8, 2008
i I, I 1
- 32 -
Item V-J.2.a.
ORDINANCES/RESOLUTIONS
ITEM # 57204 (Continued)
8. The Grantee shall establish and maintain a riparian buffer, which shall be a minimum of
15 feet in width landward from the shoreline, shall run the entire length of the shoreline,
and shall consist of a mulched planting bed and contain a mixture of shrubs and
perennial plants (the "Buffer ''). The Buffer shall not be established during the months
of June, July or August so that it has the greatest likelihood of survivability. Prior to the
City issuing a Permit, the Grantee must post a bond or other security, in an amount
equal to the estimated cost of the required Buffer plantings, to the Department of
Planning to insure completion of the required Buffer, The Grantee shall notify the
Department of Planning when the Buffer is complete and ready for inspection. Upon
satisfactory completion of the Buffer as determined by the City, the bond shall be
released. An access path, stabilized appropriately to prevent erosion, through the Buffer
to the shoreline is allowed.
9. The Grantee must obtain and keep in force all-risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
Grantee also agrees to carry comprehensive general liability insurance in an amount
not less than $500,000.00, combined single limits of such insurance policy or policies.
The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the
Temporary Encroachment.
10. The Temporary Encroachment must conform to the minimum setback requirements, as
established by the City.
11, The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachment and charge the cost thereof to the Grantee, and collect the
cost in any manner provided by law for the collection of local or state taxes; may
require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of the Encroachment Area, the
equivalent of what would be the real property tax upon the land so occupied if it were
owned by the Grantee; and if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary
Encroachment is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
January 8, 2008
I I I i
- 33 -
Item V-J.2a.
ORDINANCES/RESOLUTIONS
ITEM # 57204 (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
January 8, 2008
I I il
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO CITY PROPERTY KNOWN AS
6 ISLAND LAKE LOCATED AT THE
7 REAR OF 2400 WINDWARD SHORE
8 DRIVE BY DANA R. JACKSON
9
10 WHEREAS, Dana R. Jackson desires to construct and maintain one hundred
11 nineteen (119) linear feet of vinyl bulkhead, a 5' return, a 5' x 16' access pier leading to
12 a 4' x 32' finger pier and a 12' x 12' 10,000 pound boatlift supported by four (4) 8" x 30'
13 wood piles upon the City's property known as Island Lake located at the rear of 2400
14 Windward Shore Drive, in the City of Virginia Beach, Virginia.
15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
1 7 City's property subject to such terms and conditions as Council may prescribe.
18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That pursuant to the authority and to the extent thereof contained in 99 15.2-
21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Dana R. Jackson, his heirs,
22 assigns and successors in title are authorized to construct and maintain a temporary
23 encroachment for one hundred nineteen (119) linear feet of vinyl bulkhead, a 5' return, a
24 5' x 16' access pier leading to a 4' x 32' finger pier and a 12' x 12' 10,000 pound boatlift
25 supported by four (4) 8" x 30' wood piles in the City's property known as Island Lake as
26 shown on the map marked Exhibit "A" and entitled: "Encroachment, Scale: 1" = 40' For
27 Dana Jackson 2400 Windward Shore Drive, Virginia Beach, VA 23451 GPIN 1499-98-
28 6630," a copy of which is on file in the Department of Public Works and to which
29 reference is made for a more particular description; and
30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
31 subject to those terms, conditions and criteria contained in the Agreement between the
32 City of Virginia Beach and Dana R. Jackson (the "Agreement"), which is attached hereto
3 3 and incorporated by reference; and
3 4 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
3 5 is hereby authorized to execute the Agreement; and
36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
37 time as Dana R. Jackson and the City Manager or his authorized designee execute the
38 Agreement.
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th
40 day of January , 2008.
CA-10544
V :lapplicationslcitylawprodlcycom32lWpdocslD012lP003100045430 .DOC
X:IOIDlREAL EST A TEIEncroachmentslPW OrdinanceslCA 10544 Jackson.doc
R-1
PREPARED: 10/22/07
t~ C. ~.sCV'.
BLlC WORKS, REAL ESTATE
APPROVED AS TO CONTENTS
I II
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811 (C) (4)
THIS AGREEMENT, made this if th day of fJ(''Ivoel'"
, 2002-, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DANA R. JACKSON, HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 43, Section One, Bay Island" as shown
on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE
PRINCESS ANNE CO., VA LYNNHAVEN MAGISTERIAL DISTRICT SCALE: 1"=100',
FEBRUARY, 1958" and said plat is recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further
designated, known, and described as 2400 Windward Shore Drive, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain one
hundred nineteen (119) linear feet of vinyl bulkhead, 5' return, 5' x 16' access pier
leading to a 4' x 32' finger pier and a 12' x 12' 10,000 pound boatlift supported by four
(4) 8" x 30' wood piles, collectively the "Temporary Encroachment", in the City of
Virginia Beach;
GPIN 1499-98-6630
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as Island Lake the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "ENCROACHMENT
SCALE: 1" = 40' FOR DANA JACKSON 2400 WINDWARD
SHORE DRIVE, VIRGINIA BEACH, VA 23451 GPIN 1499-
98-6630," a copy of which is attached hereto as Exhibit "A"
and to which reference is made for a more particular
description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
2
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against all
claims, damages, losses and expenses, including reasonable attorney's fees, in case it
shall be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Gra ntee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the enti,re length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
3
I I I
Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of Planning
when the Buffer is complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, the bond shall be released. An access path,
stabilized appropriately to prevent erosion, tl1rough the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
4
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Dana R. Jackson, the said Grantee, has
caused this Agreement to be executed by his signature. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, ,2008, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
(SEAL)
Notary Registration Number:
My Commission Expires:
Notary Public
5
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2008, by RUTH HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
STATE OF VIRGINIA
CITY/COUNTY OF Pon.TsfflOL{-t ~
, to-wit:
The foregoing instrument was acknowledged before me this ~ -b.- day of
()C.. T 0 (). E. a...
,2007, by Dana R. Jackson.
Notary Registration Number: 316149
My Commission Expires: J 0 NO"; ;),,0 I 0
--{~ J,~
Notary Public
(SEAL)
VAN.IM,.UC,
Notory I'ubltc
eom~ or VlrIInfa
"6149
At Comm'lt'on fJr Nov _
-.2010
6
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
!~G~~Ej3:~,OFORM
~cs C.~~
51 . NATURE
PIv I<E17/ [&+46
DEPARTMENT
X:\Projects\Encroachments\Applicants\Jackson, Dana - Windwood Shore Dr - LH\Agreement Encroachmentdoc
7
ISLAND lAKE
CITY OF VIRGINIA BEACH OWNS ISlAND LAKE CANAL PARCEL
-- 66'
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EXHIBIT A
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....... EBB , Fl.,OOlJ
PROPOSED 12')(12'10,oooLB BOATLIFT
SUPPORTED BY 4 - 8"x 30' WD PILES
2.5. CCA DRIVEN TO 50% PENETRATION
MHW AND MLW
AT BULKHEAD
EXISTING PIEP. TO BE
DEMO. AND DISPOSED OF
PROPOSED 119'lINEAR FEET
OFVINYL SHEET PILE BULKHEAD
APO-' l'
BAY _
GP/N# 14'99~-i9a~55;33
rt:Ii: ...w.
CERTIFIED & SEALED BY:
PROFESSIONAL CONSTRUCTION CONSULTANTS
RICHARD BARTLETT, P.E.
5316 BROCKIE STREET
VIRGINIA BEACH, VA23464
'These plans are for pennltpurposes only. No geotechnical or structural borings have taken plaoe at this site. Contracrorand/or owner shall verify
bottom conditions. It shalf be the owner's and/or contractor's retponslbij' to Iocato and malt an underground utilities or s rlkler systems.M
PURPOSE: PREYENTEROSION ENCROCHMENT IN: BROAD BAY
SCAI.E: 1" = 40'
FOR
DATUM: M.L.W. .0.00
ADJACENT PROPERTY OWNERS:
1.) BAY 1499-:98-5533
2JVANDERPOLl ~ 499-98~ 777 0
DANA JACKSON
2400 WINDWARD SHORE DRIVE
VIRGINIA BEACH. VA 23451
GPIN 1499-98-6630
3712 ADA S STREET PO
AT:' SAY ISLAND
CIlY : I/IRGINIA BEACH
STATE: VIRGINIA
DAlE: 8-22,- 0 7 SHEET NO. 1 OF 1
SOUTH} VIRGINIA 23703 TEL. 75.,,68.2277
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- 34-
Item V-J.2.h.
ORDINANCES/RESOLUTIONS
ITEM # 57205
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachment:
James B., Jr. and Terri L. Ewing and Glen A. and M Nicole Williams into Lake Rudee to
construct and maintain a portion of an open pile pier at the rear of 726 Kennedy Avenue,
DISTRICT 6 - BEACH
The following conditions shall be required:
1. The Temporary Encroachment will be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in
accordance with the City's specifications and approval.
2. Nothing herein shall prohibit the City from immediately removing, or ordering Mr.
EWING to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity, and Mr. EWING
shall bear all costs and expenses of such removal.
3. The Temporary Encroachment herein authorized terminates upon notice by the City to
Mr, EWING, and that within thirty (30) days after the notice is given, the Temporary
Encroachment must be removed from the Encroachment Area by Mr. EWING; and that
Mr. EWING will bear all costs and expenses of such removal.
4. Mr. EWING shall indemnify, hold harmless, and defend the City, its agents and
employees, from and against all claims, damages, losses and expenses, including
reasonable attorney's fees, in case it shall be necessary to file or defend an action
arising out of the construction, location or existence of the Temporary Encroachment.
5. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than Mr. EWING.
6. Mr. EWING agrees to maintain the Temporary Encroachment so as not to become
unsightly or a hazard
7. Mr. EWING must obtain a permit from the Department of Planning prior to commencing
any construction within the Encroachment Area (the "Permit ").
January 8, 2008
- 35 -
Item V-J.2.b.
ORDINANCES/RESOLUTIONS
ITEM # 57205 (Continued)
8. Mr. EWING shall establish and maintain a riparian buffer on the Ewing Property, which
shall be a minimum of five (5) feet in width landward from the shoreline, as shown on
the aforesaid attached Exhibit, and shall consist of a mulched planting bed and contain
a mixture of shrubs and perennial plants (the "Buffer '). The Buffer shall not be
established during the months of June, July or August so that it has the greatest
likelihood of survivability. Prior to the City issuing a Permit, Mr. EWING must post a
bond or other security, in an amount equal to the estimated cost of the required Buffer
plantings, to the Department of Planning to insure completion of the required Buffer.
Mr, EWING shall notify the Department of Planning when the Buffer is complete and
ready for inspection; upon satisfactory completion of the Buffer as determined solely by
the City, the bond shall be released An access path, stabilized appropriately to prevent
erosion, through the Buffer to the shoreline is allowed Mr. EWING shall, in addition,
make a THREE HUNDRED DOLLAR ($300.00) payment, payable to the City
Treasurer, to the Department of Planning as compensation for the riparian buffer area
that cannot be established on the two (2) properties involved in this Encroachment (the
Ewing Property and the Williams property). Said payment is equal to the cost of plant
material that would have been required on the two (2) properties in order to establish
the fifteen (15) feet of riparian buffer restoration required for shoreline encroachments
as C! standard condition of the City.
9. Mr. EWING must obtain and keep in force all-risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. Mr.
EWING also agrees to carry comprehensive general liability insurance in an amount not
less than $500,000.00, combined single limits of such insurance policy or policies. Mr.
EWING will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. Mr. EWING assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the
Temporary Encroachment.
10. The Temporary Encroachment must conform to the minimum setback requirements, as
established by the City.
II.Mr. EWING must submit for review and approval, a survey of the Encroachment Area,
certified by a registered professional engineer or a licensed land surveyor, and/or "as
built" plans of the Temporary Encroachment sealed by a registered professional
engineer, ifrequired by either the City Engineer's Office or the Engineering Division of
the Public Utilities Department.
12. The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachment and charge the cost thereof to Mr. EWING, and collect the
cost in any manner provided by law for the collection of local or state taxes; may
require Mr. EWING to remove the Temporary Encroachment,' and pending such
removal, the City may charge Mr. EWING for the use of the Encroachment Area, the
equivalent of what would be the real property tax upon the land so occupied if it were
owned by Mr. EWING; and if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary
Encroachment is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
January 8, 2008
- 36 -
Item V-J.2.b.
ORDINANCES/RESOLUTIONS
ITEM # 57205 (Continued)
13. Mr. WILLIAMS joins in this Agreement solely for the purpose of acknowledging the terms
of this Agreement as between the City and Mr. EWING and agreeing that the City shall
be entitled to any and all access upon the Williams Property as reasonably necessary
and providedfor here in for enforcement of the rights of the City as and between the City
and Mr. Ewing, without any liability of Mr. WILLIAMS for any of the obligations and/or
responsibilities set forth in this Agreement, and without any benefit of this Agreement
running to Mr. WILLIAMS except as expressly provided herein for the following
indemnification obligation of Mr, EWING.
14. Mr. EWING agrees to indemnify and hold harmless Mr. WILLIAMS and the City from
any and all loss, damage, costs or expenses, including reasonable attorney fees
incurred, incurred by Mr, WILLIAMS and/or by the City as a result of the failure of Mr.
EWING to perform the obligations and agreements of Mr, EWING contained in this
Agreement and/or as a result of enforcement by the City of any of the terms of this
Agreement.
15. The obligations of Mr. EWING, under this Agreement, shall be deemed obligations and
covenants running with title to the Ewing Property and shall bind any such successor
and assign owners of the Ewing Property, inuring to the benefit of the City, and the
indemnification of Mr. EWING to Mr. WILLIAMS and the City shall be deemed
obligations and covenants running with title to the Ewing Property and shall bind any
such successor and assign owners of the Ewing Property inuring to the benefit of Mr.
WILLIAMS and any such successor and assign owners of the Williams Property and to
the City.
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
January 8, 2008
1 Requested by Department of Public Works
2
3 AN ORDI NANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE CITY PROPERTY
6 KNOWN AS LAKE RUDEE FOR
7 JAMES B. EWING, JR. AND TERRI L.
8 EWING AND GLEN A. WILLIAMS AND
9 M. NICOLE WILLIAMS
10
11 WHEREAS, JAMES B. EWING, JR. a nd TERRI L. EWING (the "EWINGS")
12 desire to construct and maintain a portion of an open pile pier within a portion the City's
13 property known as Lake Rudee, located at the rear of 726 Kennedy Avenue, in the City
14 of Virginia Beach, Virginia.
15 WHEREAS, the property owned by the EWINGS, located at 732 Kennedy
16 Avenue, is benefited by an easement on and over a portion of the property located at
1 7 726 Kennedy Avenue, which said easement is for the purposes of constructing,
18 maintaining, and using docking facilities on and from a portion of the 726 Kennedy
19 Avenue property.
20 WHEREAS, GLEN A. WILLIAMS and M. NICOLE WILLIAMS (the "WILLIAMS"),
21 as owner of the 726 Kennedy Avenue property, acknowledge the said construction and
22 maintenance of such an open pile pier.
23 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
24 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
25 City's property subject to such terms and conditions as Council may prescribe.
26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That pursuant to the authority and to the extent thereof contained in SS 15.2-
29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, JAMES B. EWING, JR. and
30 TERRI L. EWING , their heirs, assigns and successors in title are authorized to
31 construct and maintain a temporary encroachment for a portion of an open pile pier
32 within a portion of the City's property known as Lake Rudee as shown on the map
33 marked Exhibit "A" and entitled: "PROPOSED ENCROACHMENT FOR GLEN A. AND
34 M. NICOLE WILLIAMS LOT B-1. AMENDED RESUB. OF LOTS A & B, BLOCK 40,
35 SHADOW LAWN HEIGHTS (M.B. 302, PG.99) FOR BENEFIT OF: JAMES B. AND
36 TERRI L. EWING LOT C. RESUBD. OF LOTS 16-19, BLK. 40, SHADOW LAWN
37 HEIGHTS (M.B. 286, PG. 44) BEACH DISTRICT AUGUST 7,2007," a copy of which is
3 8 on file in the Department of Public Works and to which reference is made for a more
3 9 particular description; and
4 0 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
41 subject to those terms, conditions and criteria contained in the Agreement between the
4 2 City of Virginia Beach and JAMES B. EWING, JR. and TERRI L. EWING, and GLEN A.
43 WILLIAMS and M. NICOLE WILLIAMS (the "Agreement"), which is attached hereto and
44 incorporated by reference; and
45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
46 is hereby authorized to execute the Agreement; and
47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
48 time as JAMES B. EWING, JR. and TERRI L. EWING, and GLEN A. WILLIAMS and M.
49 NICOLE WILLIAMS and the City Manager or his authorized designee execute the
50 Agreement.
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day
52 of January ,2008.
CA-10537
V:lapplicationslcitylawprodlcycom32lWpdocslDO 1 0IP002100045277. DOC
X:IOIDIREAL EST A TEIEncroachmentslPW OrdinanceslCA 10537 Williams-Ewing.doc
R-1
PREPARED: 11/28/07
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~1h\(5 C. CMwJ5vV\
P IC WORKS, REAL ESTATE
ryW1JJlJ~ ct
CIT ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 2ih day of November, 2007, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, "City", Grantor for indexing purposes, and GLEN A.
WILLIAMS and M. NICOLE WILLIAMS, husband and wife, collectively "WILLIAMS",
Grantor and Grantee for indexing purposes, and JAMES B. EWING, JR. and TERRI L.
EWING, husband and wife, collectively "EWING", Grantor and Grantee for indexing
purposes, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE.
WIT N E SSE T H:
That, WHEREAS, WILLIAMS is the owner of that certain lot, tract, or
parcel of land designated and described as "LOT B-1" (the "Williams Property") as
shown on that certain plat entitled: "AMENDED RESUBDIVISION OF PROPERTY
LOTS A & B - BLOCK. 40 MAP OF SHADOWLAWN HEIGHTS" and said plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
(the "Clerk's Office") in Map Book 302, at Page 99, and EWING is the owner of that
certain lot, tract or parcel of land designated and described as "LOT C" (the "Ewing
Property") as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY
LOTS 16-19, BLOCK. 40 MAP OF SHADOWLAWN HEIGHTS" and said plat is
recorded in the Clerk's Office in Map Book 286, at Page 44. Said properties being
further designated, known, and described as 726 Kennedy Avenue, Virginia Beach,
Virginia 23451 (GPIN 2427-01-3257) and 732 Kennedy Avenue, Virginia Beach,
GPIN'S: 2427-01-3257-0000, 2427-01-3206-0000, 2427-01-8282-0000
Virginia 23451 (GPIN 2427-01-3206), respectively.
The Ewing Property (Lot C) is benefited by an easement located on the
Williams Property (Lot B-1), which said easement is for the purposes of constructing,
maintaining and using docking facilities, as evidenced by that certain Declaration of
Easement recorded in Deed Book 4244 Page 1967 in the Clerk's Office, as amended by
that certain First Amendment to Declaration of Easement recorded as Instrument #
20070910001234420 in the Clerk's Office.
WHEREAS, it is proposed by EW ING to construct and maintain a portion
of an open pile pier, the "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that EWING encroach into a portion of an existing City
property known as Lake Rudee, the "Encroachment Area"; and
WHEREAS, EWING has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to EWING and for the further consideration of One Dollar
($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City
hereby grants to EWING permission to use the Encroachment Area for the purpose of
constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:A
2
A Temporary Encroachment into the Encroachment Area as
shown on those certain plats entitled: "PROPOSED
ENCROACHMENT FOR GLEN A. AND M. NICOLE
WILLIAMS LOT B-1. AMENDED RESUB. OF LOTS A & B,
BLOCK 40, SHADOW LAWN HEIGHTS (M.B. 302, PG. 99)
FOR BENEFIT OF: JAMES B. AND TERRI L. EWING LOT
C. RESUB. OF LOTS 16-19, BLK 40, SHADOW LAWN
HEIGHTS (M.B.286, PG. 44) BEACH DISTRICT AUGUST 7,
2007," a copy of which is attached hereto as Exhibit "A" and
to which reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering EWING to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and EWING shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to EWING, and that
within thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by EWING; and that EWING will bear all costs
and expenses of such removal.
It is further expressly understood and agreed that EWING shall indemnify,
hold harmless, and defend the City, its agents and employees, from and against all
claims, damages, losses and expenses, including reasonable attorney's fees, in case it
shall be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
3
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than EWING.
It is further expressly understood and agreed that EWING agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that EWING must obtain a
permit from the Department of Planning prior to commencing any construction with the
Encroachment Area (the "Permit").
It is further expressly understood and agreed that EWING shall establish
and maintain a riparian buffer on the Ewing Pro perty, which shall be a minimum of five
(5) feet in width landward from the shoreline, as shown on the aforesaid attached
Exhibit, and shall consist of a mulched planting bed and contain a mixture of shrubs and
perennial plants (the "Buffer"). The Buffer shall not be established during the months of
June, July, or August, so that it has the greatest likelihood of survivability. Prior to the
City issuing a Permit, EWING must post a bond or other security, in an amount equal to
the estimated cost of the required Buffer plantings, to the Department of Planning to
insure completion of the required Buffer. EWING shall notify the Department of
Planning when the Buffer is complete and ready for inspection; upon satisfactory
completion of the Buffer as determined solely by the City, the bond shall be released.
An access path, stabilized appropriately to prevent erosion, through the Buffer to the
shoreline is allowed. EWING shall, in addition, make a THREE HUNDRED DOLLAR
($300.00) payment, payable to the City Treasurer, to the Department of Planning as
compensation for the riparian buffer area that cannot be established on the two (2)
properties involved in this Encroachment (the Ewing Property and the Williams
4
property). Said payment is equal to the cost of plant material that would have been
required on the two (2) properties in order to establish the fifteen (15) feet of riparian
buffer restoration required for shoreline encroachments as a standard condition of the
City.
It is further expressly understood and agreed that EWING must obtain and
keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. EWING also agrees to carry
comprehensive general liability insurance in a n amount not less than $500,000.00,
combined single limits of such insurance policy or policies. EWING will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies.
EWING assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by
the City.
It is further expressly understood and agreed that EWING must submit for
review and approval, a survey of the Encroachment Area, certified by a registered
professional engineer or a licensed land surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a registered professional engineer, if required by
either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
5
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to EWING, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require EWING to
remove the Temporary Encroachment; and pending such removal, the City may charge
EWING for the use of the Encroachment Area, the equivalent of what would be the real
property tax upon the land so occupied if it were owned by EWING; and if such removal
shall not be made within the time ordered hereinabove by this Agreement, the City may
impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and
every day that the Temporary Encroachment is allowed to continue thereafter, and may
collect such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
WILLIAMS joins in this Agreement solely for the purpose of
acknowledging the terms of this Agreement as between the City and EWING and
agreeing that the City shall be entitled to any and all access upon the Williams Property
as reasonably necessary and provided for herein for enforcement of the rights of the
City as and between the City and Ewing, without any liability of WILLIAMS for any of the
obligations and/or responsibilities set forth in this Agreement, and without any benefit of
this Agreement running to WILLIAMS except as expressly provided herein for the
following indemnification obligation of EWING.
EWING agrees to indemnify and hold harmless WILLIAMS and the City
from any and all loss, damage, costs or expenses, including reasonable attorney fees
incurred, incurred by WILLIAMS and/or by the City as a result of the failure of EWING ton
6
perform the obligations and agreements of EW ING contained in this Agreement and/or
as a result of enforcement by the City of any of the terms of this Agreement.
The obligations of EWING under this Agreement shall be deemed
obligations and covenants running with title to the Ewing Property and shall bind any
such successor and assign owners of the Ewing Property, inuring to the benefit of the
City, and the indemnification of EWING to WI LLlAMS and the City shall be deemed
obligations and covenants running with title to the Ewing Property and shall bind any
such successor and assign owners of the Ewing Property inuring to the benefit of
WILLIAMS and any such successor and assign owners of the Williams Property, and to
the City.
IN WITNESS WHEREOF, JAMES B. EWING, JR. and TERRI L. EWING,
and GLEN A. WILLIAMS and M. NICOLE WILLIAMS have caused this Agreement to be
executed by their signatures. Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
(The remainder of this page intentionally left blank.)
7
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
I 2008, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
On its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
8
~G~/' " ",
( "....... ////~ )
<~f~N4\. WfrllAMS
~,Q /~LLwLt wlG,,-~
M. NICOLE WILLIAMS
STATE OF VIRGINIA .
CITY/OOUNTY OF \J \(C51()\Q ~C!.l.. , to-wit:
The foregoing instrument was acknowledged before me this Z, lit- day of
~o\j'W\il.b ,2007, by GLEN A. WILLIAMS.
My Commission Expires: N~bl>- 3-O,Wli)
.~ ~~-' (SEAL)
Notary Public \\IIIIII/t/II
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The foregoing instrument was acknowledged before me this 27-J:i day of
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STATE OF VIRGINIA
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The foregoing instrument was acknowledged before me this ~30ih day of
NC\le~Y\ be ( , 2007, by JAMES B. EWING, JR.
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tJOVeh'1b:"1R..- ,2007, by TERRI L. EWING.
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KENNEDY A VENUE (50')
EXHIBIT 'A' PROPOSED ENCROACHMENT
FOR
GLEN A. and M. NICOLE WlWAMS
LOT B-1. AMENDED RESUB. OF LOTS A & B, BLOCK 40
SHADOW LAWN HEIGHTS (M,B. 302, PG. 99)
FOR BENEFIT OF: JAMES B. and TERRI LEWING
LOT C. RESUB. OF LOTS 16-19, BLK. 40, SHADOW LAWN HEIGHTS
BEACH DISTRCT (M.B. 286, PC. 44) AUGUST 7, 2007
GPIN: 2427-01-3257
WA TERFRONT
CONSUL TlNG, INC
1112 JENSEN DRI VE, STE. 206
VIRGINIA BEACH, VA 23451
PHONE: (757) 425-8244
FAX: (757) 216-6687
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- 37 -
Item V-J.2.c.
ORDINANCES/RESOLUTIONS
ITEM # 57206
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments
11th Street L.c. (AKA 11th Street L.L.c.) into a portion of 11th Street,
Atlantic and Ocean Avenues to construct and maintain landscaping,
concrete pavers, cobblestone and drip irrigation system including a 4"
PVC irrigation sleeve and a 2" PVC irrigation electric wiring sleeve,
DISTRICT 6 - BEACH
The following conditions shall be required::
], The Temporary Encroachment will be constructed and maintained in accordance with
the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in
accordance with the City's specifications and approval.
2. Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity, and Grantee shall
bear all costs and expenses of such removal.
3. The Temporary Encroachment herein authorized terminates upon notice by the City to
the Grantee, and that within thirty (30) days after the notice is given, the Temporary
Encroachment must be removedfrom the Encroachment Area by the Grantee; and that
the Grantee will bear all costs and expenses of such removal; and that the Grantor shall
promptly issue all permits necessary for such removal to ensure that Grantee may
complete the removal within the time period set forth herein if any.
4. The Grantee shall indemnify and hold harmless the City, its agents and employees, from
and against all claims, damages, losses and expenses, including reasonable attorney's
fees, in case it shall be necessary to file or defend an action arising out of the
construction, location or existence of the Temporary Encroachment.
5. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the Grantee.
6. The Grantee agrees to maintain the Temporary Encroachment so as not to become
unsightly or a hazard.
7. The Grantee must submit and have approved a traffic control plan before commencing
work in the Encroachment Area.
8. The Grantee agrees that no open cut of the public roadway will be allowed except under
extreme circumstances, Requests for exceptions must be submitted to the Highway
Operations Division, Department of Public Works, for final approval.
January 8,2008
- 38 -
Item V-J.2.c.
ORDINANCES/RESOLUTIONS
ITEM # 57206 (Continued)
9. The Grantee must obtain a permit from the Office of Planning Department prior to
commencing any construction within the Encroachment Area,
10. Prior to issuance of a right-of way/utility easement permit, the Grantee must post a
bond or other security, in the amount of two times their engineer's cost estimate, to the
Department of Planning to guard against damage to City property or facilities during
construction.
II. The Grantee must obtain and keep in force all-risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
Grantee also agrees to carry comprehensive general liability insurance in an amount
not less than $500,000.00, combined single limits of such insurance policy or policies.
The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the
Temporary Encroachment.
12. Landscaping materials must be approved by the Landscaping Services Division of Parks
and Recreation.
13. The Grantee must submit for review and approval, a survey of the Encroachment Area,
certified by a registered professional engineer or a licensed land surveyor, and/or "as
built" plans of the Temporary Encroachment sealed by a registered professional
engineer, if required by either the City Engineer's Office or the Engineering Division of
the Public Utilities Department,
14. The City, upon revocation of such authority and permission so granted, may remove the
Temporary Encroachment and charge the cost thereof to the Grantee, and collect the
cost in any manner provided by law for the collection of local or state taxes,' may
require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of the Encroachment Area, the
equivalent of what would be the real property tax upon the land so occupied ifit were
owned by the Grantee,' and if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary
Encroachment is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
January 8, 2008
- 39 -
Item V-J.2.c.
ORDINANCES/RESOLUTIONS
ITEM # 57206 (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
January 8, 2008
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF THE CITY
6 RIGHTS OF WAY KNOWN AS 11 TH
7 STREET, ATLANTIC AVENUE, AND
8 OCEAN AVENUE FOR THE
9 ADJACENT PROPERTY OWNERS
10 11TH STREET, L.C. (AI KIA 11TH
11 STREET L.L.C.), A VIRGINIA LIMITED
12 LIABILITY COMPANY
13
14 WHEREAS, 11TH Street L.C. (alkla 11th Street, L.L.C.), a Virginia limited liability
15 company, desires to construct and maintain landscaping, concrete pavers, cobblestone,
16 and drip irrigation system, including a 4" PVC irrigation sleeve and a 2" PVC irrigation
17 electric wiring sleeve, within the City's rights of way located at 11th Street, Atlantic
18 Avenue, and Ocean Avenue, in the City of Virginia Beach, Virginia.
19
20 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
22 City's rights of way subject to such terms and conditions as Council may prescribe.
23
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That pursuant to the authority and to the extent thereof contained in 99 15.2-
27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, 11TH Street L.C. (alkla 11th
28 Street, L.L.C.), a Virginia limited liability company, its assigns and successors in title are
29 authorized to construct and maintain temporary encroachments for landscaping,
30 concrete pavers, cobblestone, and drip irrigation system, including a 4" PVC irrigation
31 sleeve and a 2" PVC irrigation electric wiring sleeve, in a portion of the City's rights of
32 way as shown on the map marked Exhibit "A" and entitled: "EXHIBIT "A" LANDSCAPE
33 ENCROACHMENT FOR 11TH STREET L.C.," a copy of which is on file in the
34 Department of Public Works and to which reference is made for a more particular
35 description; and
36
37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
38 subject to those terms, conditions and criteria contained in the Agreement between the
39 City of Virginia Beach and 11TH Street L.C. (alkla 11th Street, L.L.C.), a Virginia limited
40 liability company (the "Agreement"), which is attached hereto and incorporated by
41 reference; and
42
43 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
44 is hereby authorized to execute the Agreement; and
45
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46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
47 time as 11TH Street L.C. (a/k1a 11th Street, L.L.C.), a Virginia limited liability company,
48 and the City Manager or his authorized designee execute the Agreement.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the
51 8th day of January , 2008.
CA-10317
X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA10317 11th Street, L.C. Ordinance. doc
V:lapplicationslcitylawprodlcycom32\WpdocslD026lP002100037793. DOC
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PREPARED: 10/24/07
APPROVED AS TO CONTENTS
~rs C. ~OV\-. ~ )\.b
BLlC WORKS, REAL ESTATE
J\.n
PREPARED BY VIRGINIA BEACH
CITY ATIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this J(,t'hday of Oc..~eY- ,2007, by
and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and 11th STREET. L.C. (AJKJA 11 th STREET,
L.L.C.), a Virginia limited liability company, AND 'TS ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee" I even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as Lots "8", "g" and "10" in Square "11" as
shown on that certain plat entitled: "VIRGINIA BEACH OWNED BY NORFOLK AND
VIRGINIA BEACH RAILROAD AND IMPROVEMENT COMPANY" and said plat is
recorded in the Cler1<'s Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 1, at page 23A, and being further designated, known, and described as
1017 Atlantic Avenue, Virginia Beach, Virginia 23451:
WHEREAS. it is proposed by the Grantee to construct and maintain
landscaping, concrete pavers, cobblestone, and drip irrigation system, including a 4"
PVC irrigation sleeve and a 2" PVC irrigation electric wiring sleeve, collectively, the
"Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of existing City
GPIN 2427-24-5988
. .
.
rights of way known as 11th Street, Atlantic Avenue, and Ocean Avenue. the
"Encroachment Area"; and
WHEREAS. the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW. THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), In hand paid to the City. receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach. and in accordance with the City's specifications
and approval and is more partiCUlarly described as follows. to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "EXHIBIT -A"
LANDSCAPE ENCROACHMENT FOR 11TH STREET L.C.,"
a copy of which is attached hereto and to which reference Is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing. or ordering the Grantee to remove. all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given. the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
2
\.. ';
all costs and expenses of such removal; and that the Grantor shall promptly issue all
permits necessary for such removal to ensure that Grantee may complete the removal
within the time period set forth herein if any.
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against all
claims, damages, losses and expensesl including reasonable attorney's fees, in case it
shall be necessary to file or defend an action arising out of the construction, rocation or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to pennit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must
submit and have approved a traffic control plan before commencing work in the
Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public WorKs, for flnal approval.
3
'" )-"
.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Office of Planning Department prior to commencing any construction
within the Encroachment Area.
It is further expressly understood and agreed that prior to Issuance of a
right of way/utility easement permit, the Grantee must post a bond or other security, in
the amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance In an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of. or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location. and/or existence of the Temporary Encroachment.
Landscaping materials must be approved by the Landscaping Services
Division of Parks and Recreation.
It Is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
4
. ~ ;
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said 11th Street, L.C. (a1k1a 11th Street.
L.L.C.), a Virginia limited liability company, has caused this agreement to be executed
on its behalf by, Yaron Sibony, President of Sunsations Realty, L.L.C., a Maryland
limited liability company, Manager of 11th Street, L.C. (a/k1a 11th Street, L.L.C.), a
Virginia limited liability company, with due authority to bind said limited liability company.
Further, that the City of Virginia has caused this agreement to be executed in its name
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
5
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CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, CITY MANAGER/AUTHORIZED
, 2007, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
6
11 th STREET, l.C. (a/k/a 11 TH Street,
L.l.C.), a Virginia limited liability
company
By: SUNSATIONS REALTY, L.L.C., a
Maryland limited liability company,
Manager
STATE OF V.xetdivf'" 11
CITY/COUNTY OFJr~GJ jdl} alAll1 , to-wit:
[6'" t1
The foregoing instrument was acknowledged before me this day of
OCT (jib eft, 2007. by Yaron Sabony, President of Sunsations Realty, L.L.C., a
Maryland limited liability company. Manager of 11th Street L.C. (alkla 11th Street,
~1--- IN"
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My Il€GIST~I4T'C"\) NUI'Y\0Ett.: 3iQfoq g.3 I .
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L.L.C.), a Virginia limited liability company.
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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- 40-
Item V-J.3.
ORDINANCES/RESOLUTIONS
ITEM # 57207
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to CREATE a new Capital Budget item and APPROPRIATE
$3,213,780 from the Department of Homeland Security's (DHS) Urban
Area Security Initiative (UASI) program for procuring services and
equipment necessary in the implementation of the Hampton Roads
Overlay Regional Interoperability Network (ORION).
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
January 8, 2008
1 AN ORDINANCE TO CREATE CIP 3-138 AND
2 APPROPRIATE $3,213,780 ORIGINATING FROM
3 THE DEPARTMENT OF HOMELAND SECURITY'S
4 (DHS) URBAN AREA SECURITY INITIATIVE (UASI)
5 PROGRAM FOR PROCURING SERVICES AND
6 EQUIPMENT NECESSARY IN THE
7 IMPLEMENTATION OF THE HAMPTON ROADS
8 OVERLAY REGIONAL INTEROPERABILlTY
9 NElWORK (ORION)
10
11
12 WHEREAS, the U.S. Department of Homeland Security has allocated an
13 Interoperable Communications Technology Grant to the Hampton Roads Planning
14 District Commission; and
15
16 WHEREAS, the City of Virginia Beach in coordination with the state of Virginia
17 and the Hampton Roads Planning District Commission (HRPDC) for support of regional
18 efforts will provide equipment and training for the regional communication network.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 1. That Capital Project # 3-138, UASI Interoperable Communications
24 Technology Grant, is hereby established in the Capital Improvement Program for the
25 purpose of funding regional communication equipment.
26
27 2. That $3,213,780 is hereby accepted from the U,S. Department of
28 Homeland Security and appropriated to Capital Project # 3-138, UASI Interoperable
29 Communications Technology Grant, in the FY 2007-08 Capital Budget, with federal
30 revenue increased accordingly.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day
33 of January ,2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
)3
;e~
City Attorney's o~
CA 10600
R-2
January 2, 2008
- 41 -
Item V-J.4.
ORDINANCES/RESOLUTIONS
ITEM # 57208
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to APPROPRIATE $48, 000 from the General Fund Reserve
for Contingencies re the City's share of costs for the Tidewater Builders
Association's (TBA) Building Trades Academy to provide low income
Virginia Beach residents a pre-apprenticeship program for future
employment in the residential construction industry,
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
January 8, 2008
1 AN ORDINANCE TO APPROPRIATE $48,000 FROM
2 GENERAL FUND RESERVE FOR CONTINGENCIES
3 TO FUND THE CITY'S SHARE OF COSTS FOR THE
4 TIDEWATER BUILDERS ASSOCIATION'S
5 BUILDING TRADES ACADEMY
6
7 WHEREAS, the Tidewater Builders Association has requested $48,000 of city
8 funding for the Building Trades Academy, which will provide to low-income Virginia
9 Beach residents training in a pre-apprenticeship program for future employment in the
10 residential construction industry.
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA;
14
15 That $48,000 is transferred from General Fund Reserve for Contingencies to the
16 Community Organization Grant unit to fund the City's share of cost for the Tidewater
17 Builders Association's Building Trades Academy.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day
of -Janllary , 2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
;;p~
City Attorney's o~
APPROVED AS TO CONTENT:
jj~Q- \~~
Management Services
CA 1 0606
R-1
January 3, 2008
TBA BUILDING TRADESACADEMY
TBA is the only home builders association in the
nation to operate a workforce development pro-
gram. TBA's Building Trades Academy helps fill the
local industry's need for skilled workers and offers
career opportunities for economically disadvan-
taged men and women.
Since its inception in 1978, over 4,000 economi-
cally disadvantaged students have graduated, and
100 percent of the graduates have been employed
Here, a class from the Building Trades Academy students on graduation day.
gets hands-on training, as they build a storage shed at the
Virginia Zoo in Norfolk. The TBA Building Trades Academy has been funded
through the U.S. Department of Labor and has continually been one of the highest-ranking
programs in terms of providing full-time employment through
CETA and ]TPA, and now with the Workforce Investment Board
and Opportunity Inc.
In 2000, the program won the U.S. Conference of Mayors Ex-
cellence in PubliclPrivate Partnership award for participation
in the Chesapeake's Mfordable Homeownership Partnership.
TheTBA Building Trades Academy received a $700,OOOYouth
Build grant from the U.S. Department of Housing and Urban De- BTA graduate Rashime DeVaughn en-
joys working on the conversion of The
velopment to provide training in the construction trades to young Rotunda in Norfolk as an employee of
people. John E. Hall electrical company.
The Building Trades Academy is in the process of expanding its program and adding a life skills
component that will include GED, computer training, discount autos and free computers.
Did you know...
· TBA's Building Trades Academy averages 80-100 graduates a year. Of those, 90% are
minorities, including 10% women.
· The construction industry is expected to add nearly 1 million new jobs in the next
eight years,
making it among the economy's top 10 largest sources of job growth, according to
the U.S. Dept. of Labor.
· Opportunities for workers to form their own firms are better in construction than in
many other industries.
· The Building Trades Academy has constructed 22 workforce housing homes and has
worked on numerous community projects.
- 42-
Item V-J. 5.
ORDINANCES/RESOLUTIONS
ITEM # 57209
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED until the
City Council Session of January 22, 2008:
Resolution SUPPORTING multi-modal accommodations for interim
improvements to the City rights-of way to enhance safety for pedestrians
and cyclists (requested by Council Lady Rosemary Wilson).
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
January 8,2008
- 43 -
Item V-J. 6.
ORDINANCES/RESOLUTIONS
ITEM # 57210
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to EXPRESS SUPPORT for a Regional Waste
Management Study by providing partial funding re Landfill #2
expansion and to A UTHORlZE the City Manager to execute the
Virginia Beach portion of the Study to include a review of the existing
(SPSA) system and evaluate needs for the future 2018 to 2050,
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
January 8, 2008
1 A RESOLUTION TO EXPRESS SUPPORT FOR A
2 REGIONAL WASTE MANAGEMENT STUDY BY PROVIDING
3 PARTIAL FUNDING FOR THE STUDY FROM CIP #8-933,
4 LANDFILL #2 - EXPANSION
5 WHEREAS, contracts between SPSA and each member community will expire in
6 January 2018; and
7
8 WHEREAS, at the request of area's city managers, the Hampton Roads Planning
9 District Commission has secured engineering services to perform a regional solid waste
10 management study for South Hampton Roads, to include a review the existing system and
11 an evaluation of needs for the period from 2018 to 2050; and
12
13 WHEREAS, the Virginia Beach portion of the cost of the study is $96,108, with
14 funds available in CIP #8-933, Landfill #2 - Expansion, if the scope of the project is
15 modified to include the study.
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 1. That the scope of CIP #8-933, Landfill #2 - Expansion, is hereby modified to
19 include a regional waste management study; and
20 2. That the City Manager is hereby authorized to use $96,108 of funding in CIP #8-
21 933 for the Virginia Beach portion of the cost of the study.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day
of J<'Inu<'Iry 2008.
Approved as to Content:
Approved as to Legal Sufficiency:
P~A,[b~
Public orks Department
vh'(f<ud ;I~t4-/
City Attorney's Office
CA 10604
R-1
January 2, 2008
HRPDC Scope of Services
SCS ENGINEERS
SCOPE OF SERVICES
CONSULTANT SERVICES FOR
DEVELOPMENT OF A SOLID WASTE MANAGEMENT SYSTEM
FOR SOUTHSIDE HAMPTON ROADS
SCS will provide the following services to support the Hampton Roads Planning District
Commission evaluate and recommend an approach to managing solid waste in the South
Hampton Roads region after the inter-local agreements with the Southeastern Public Service
Authority (SPSA) expires in 2018. The scope of services is prepared assuming no preconceived
bias toward one institutional model, contracting approach, or technology. The following major
tasks are anticipated.
. Task 1 - Review Existing Southside Hampton Roads Regional Solid Waste
Management Systems
. Task 2 - Evaluate Future Solid Waste Technology and Facility Needs for 2018 to
2050
. Task 3 - Evaluate Institutional Models for Solid Waste Management
. Task 4 - Facilitation with Chief Administrative Officers
. Task 5 - Prepare Report and Recommendations
. Task 6 - Project Management and Administration
Specifics regarding the objectives, goals, approach, and methodologies to be employed for each
task are provided below,
, .0 EVALUATE SOUTHSIDE HAMPTON ROADS
REGIONAL SOLID WASTE MANAGEMENT SYSTEMS
The objectives of this task are as follows:
. Identify County, City, and private solid waste management operations affecting the
Region's solid waste management system.
. Document the organizational structure of the regional solid waste management
system.
. Document current solid waste recycling practices.
. Document current solid waste disposal practices, including public and private
facilities.
2007-11-13
HRPDC Scope of Services
........:II ~.rJll ~.::II;II :.....
. Document the financial structure of solid waste management in the region including
current revenue sources, capital projects, debt obligations, operational and
maintenance costs, and other long-term obligations (e.g., closure and post-closure
care).
SCS anticipates the following work efforts under this task:
. Review the June 2006 Regional Solid Waste Management Plan to obtain key
information relative to regional demographics, system organization, solid waste
quantities, collection, transfer, processing, recycling, and disposal.
. Meet with SPSA staff, member community staff, commercial, and franchise haulers
to identify the key issues that may affect regional cooperation.
. Obtain and review solid waste budget data, and any audited statements demonstrating
the costs for managing solid waste in the region. This information will be used in the
development of the pro forma financial models prepared for the alternatives analyses.
2.0 EVALUATE FUTURE SOLID WASTE TECHNOLOGY
AND FACILITY NEEDS FOR 2018 - 2050
The purpose of this task is to identify and evaluate alternative approaches to managing solid
waste in the Region for the period from 2018 to 2050. The objectives of this task are to identify
alternative technologies or management approaches to collection, recycling, transfer, disposal,
and environmental management; evaluate effectiveness of alternatives; evaluate associated
capital, operational, and maintenance costs; and summarize advantages and disadvantages of
alternatives.
SCS anticipates the following work efforts under this task:
. Identify the federal and state legislation and rules that will affect solid waste
management in the Region, any ordinances that have been enacted within the local
municipalities and recent court cases that effect solid waste management. The
objective of this task is to provide a listing, description, and discussion of the key
regulations, ordinances, and court cases that must be considered in managing solid
waste.
. Evaluate collection options, including alternative franchising approaches, private
versus public collection operations for commercial and residential collection, transfer
station versus direct haul, contracting options, and billing.
. Evaluate recycling operations and options. The evaluation will address State goals
versus what has been achieved by the Region historically and under current
conditions, current recycling programs and effectiveness of programs, recycling
collection and processing approaches, current education and outreach efforts, identify
problem areas and deficiencies in system and alternatives for improving recycling.
2007-11-13
2
HRPDC Scope of Services
......... :II~.etI.~.:II:II:..~
. Evaluate solid waste processing and disposal options. The focus of this evaluation
will be to identify approaches for solid waste disposal after 2018. The alternatives to
be considered will include siting a new solid waste management disposal facility
(regional or individually by HRPDC communities), alternative technologies for
processing and disposing solid waste such as waste-to-energy, compo sting, and
bioreactor technology, participation in a regional approach to solid waste disposal,
and contracted out-of-county transfer and disposal. Supporting information for this
analysis will include a recently completed technology assessment by SCS for the
Monterey Solid Waste District, and similar analyses prepared by others for the City of
New York and Los Angeles Sanitary District. The evaluation will consider the
current and anticipated processing levels at which these technologies will be available
in 20 l8. SCS will rank these technologies in terms of commercially proven, proven
at a processing level below current Hampton Road needs, or commercially unproven.
U sing data supplied by the propose system vendors, SCS will develop estimated
capital costs, operating costs, and life cycle system costs for input into the financial
analysis for the project.
. Evaluate how the Navy's solid waste and energy needs will be coordinated with the
regional solid waste management approach.
. Evaluate schedule for implementation of various aspects of a new regional solid
waste management approach, including development of cooperative agreements,
siting studies, land purchase, design, permitting, procurement, and construction.
. Prepare pro forma cost and revenue model and evaluate the following alternatives:
Manage solid waste separately. Each HRPDC community manages collection,
recycling, and disposal of solid waste on their own without a regional solid waste
management infrastructure (i.e., incineration, composting, recycling, and landfill)
or cooperation.
Manage solid waste cooperatively similar to the current SPSA model in terms
of basic infrastructure. This alternative will consider facility needs with and
without a new or otherwise upgraded waste to energy facility, and with or without
recycling.
Manage solid waste cooperatively, but with different cooperative agreements.
SCS will evaluate two such alternative cooperative arrangements based on
conversations with the HRPDC.
. Conduct workshop to discuss findings (See Task 4).
2007-11-13
3
HRPDC Scope of Services
SCS ENGINEERS
3.0 EVALUATE INSTITUTIONAL MODELS FOR SOLID
WASTE MANAGEMENT
SCS will develop, screen, and analyze alternative institutional models for regional solid waste
management, including public, private or combination systems. We anticipate this task will
include the following major work efforts:
. Interview Chief Administrative Officers of the HRPDC community to receive input
on their ideas about potential alternatives for long-term management of the Region's
solid waste after 20l8.
. Contact and survey the following solid waste authorities and organizations to
document the institutional structure, services provided, unique challenges, and cost
structure (if available):
Fairfax County, Virginia
Lancaster County Solid Waste Management Authority, Pennsylvania
Napa Vallejo Waste Management District, California
Northeast Maryland Waste Disposal Authority, Maryland
Pinellas County Department of Solid Waste Operations, Florida
Portland Metro, Oregon
Regional Waste Systems, Maine
Sanitation Districts of Los Angeles County, California
Solid Waste Authority of Palm Beach County, Florida
Virginia Peninsulas Public Service Authority
. Compare the administrative and operational structure and functions of SPSA to other
similar organizations (including recommendations for improvement).
. Develop and evaluate alternative institutional models that may be applicable to the
region and present findings to the HRPDC (See Task 4). For the purposes of this
scope of services, we assume the following institutional models will be evaluated to
identify the required organizational structure, staffing, cooperative agreements
needed, and advantages and disadvantages of each:
A new fully integrated, publicly owned and operated facility managed by a new
regional authority.
A fully integrated, publicly owned and operated facility managed by SPSA or
some modified version of SPSA.
A public/private partnership managed by a regional authority (SPSA or a new
authority).
Each municipality independently manages its own solid waste stream and
develops contracts for collection, processing, and disposal services.
2007-11-13
4
HRPDC Scope of Services
SCS ENGINEERS
Select municipalities agree to cooperate together to manage their solid waste and
develop contracts for collection, processing, and disposal services.
. Update the pro forma model developed in Task 2 to incorporate any additional
overhead costs relating to the institutional structures identified above. A key output
of the model will be the tipping fees on an annual basis and a leveled-off tipping fee.
This leveled fee will be a representation of a long-term tipping fee that is particularly
useful for the comparison of alternatives with different expenditure patterns.
. Present findings and recommendations to the HRPDC (See Task 4).
4.0 FACILITATION WITH CHIEF ADMINISTRATIVE
OFFICERS
To facilitate discussion of the regional approach, we propose that a series of preliminary
meetings and several work sessions be held with the Chief Administrative Officers (CAOs) or
their representatives to discuss the values, technologies, critical steps, schedule, and approaches
to managing solid waste in the region beyond 20l8. The number and scope of these sessions
may change as the project progresses based on direction provided by the CAOs through the
HRPDC. SCS will coordinate with the HRPDC regarding any scope changes. A description of
the proposed sessions, including the objectives, goals, and informational needs of each is
provided below.
4.1 INITIAL MEETINGS WITH HRPDC MEMBER
COMMUNITIES
SCS will meet with HRPDC member community staff and CAOs to discuss their respective solid
waste management organizations, facilities, resources, services provided, issues, independent
initiatives, and obtain relevant background information. From these discussions, SCS will
develop a list of key planning factors affecting solid waste management in the Region, including
perceptions regarding public versus private ownership of solid waste management systems
(landfills, recycling facilities, resource recovery, compo sting, etc.), use of flow control, and the
value and importance of regional cooperation, environmental conservation (recycling, green
energy, sustainability), and working with the Navy.
4.2
SESSION 1 - CAN WE WORK TOGETHER?
4.2.1
Objective
Assess whether the Region can develop a unified vision for managing its solid waste beyond
20l8, and if not, what are the stumbling blocks and constraints and how could these be resolved?
4.2.2 Goals
. Identify the solid waste goals for each city and county in the Region. For example,
identify maximum tip fee each municipality is willing to pay; determine how
2007-11-13
5
HRPDC Scope of Services
SCS ENGINEERS
committed each community is to recycling, identify the planning horizon desired
(e.g., 25 years, 50 years, or other),
. Identify needs that the cities and counties have in common regarding solid waste
collection, recycling, and disposal.
. Identify political and financial constraints to cooperation.
. How would you structure things if you were in control?
4.2.3 Information Needs for Session
. Identify public and private solid waste management resources in Region. This would
include personnel, solid waste facilities, land resources, transportation resources (e.g.,
ports), and contracts. SPSA listed the solid waste resources within the region and
surrounding area in its 2006 Solid Waste Master Plan. These resources would be
confirmed and evaluated in the context of how they could fit into managing the
Region's solid waste. This would include personnel, solid waste facilities, land
resources, transportation resources (e.g., ports), and contracts.
. Identify the resources that each city and county have that can be of benefit to the
Region as a whole (e.g., land, facilities, money, waste). List of solid waste resources
by municipality (collection, transfer, recycling, etc.)
4.3 SESSION 2 - IS IT ALL ABOUT LAND?
4.3.1 Objective
The objective of this session will be to review the long-term disposal requirements of the Region,
review and assess current relevance of previous landfill siting studies, and determine the land
requirements for an integrated solid waste management facility. A landfill is a key component of
the solid waste system, regardless of whether you incinerate, recycle, or otherwise process the
waste. Landfills require significant land resources and are difficult and controversial to site.
However, landfills are critical to any solid waste system. The objective of this session will be to
evaluate and discuss the land requirements for a solid waste management facility if the Region
manages its own solid waste needs for a 50-year planning period beyond 2018. The Region has
several landfill resources. SPSA owns and operates the regional landfill in Suffolk. The City of
Virginia Beach owns and operates its own landfill on a limited basis. The City of Portsmouth
owns and operates a construction, demolition, and debris landfill. In addition, there are several
private CD&D landfills in the SPSA service area, However, none of these landfills have
sufficient capacity to meet the long-term disposal requirements of the Region.
Private disposal facilities outside the Region will be considered and the associated transportation
and disposal costs and factors that need to be considered to use these facilities.
2007-11-13
6
HRPDC Scope of Services
...........~~..1ttII.('I.:a2:..._
4.3.2 Goals
. Confirm solid waste projections for the Region, including the residential, commercial,
and industrial waste streams.
. Evaluate recycling approach and impact on the amount of waste that may require
disposal.
. Consider volume reduction and energy recovery technologies (recycling and waste-
to-energy facilities) and impact on disposal requirements.
. Review previous landfill siting study performed by SPSA and assess whether the top
candidate sites are still available and suitable for development as a regional landfill.
4.3.3 Information Needs for Session
. Landfill siting study prepared by SPSA.
. Solid waste generation and disposal projections.
. Estimate of waste controlled and managed by SPSA and that which is managed
outside the Region.
. List of active landfills in the Region and remaining disposal capacities (both
permitted and projected maximum site capacities).
4.4 SESSION 3 - RECYCLE, BURN, OR SEND IT TO
SOMEONE ELSE'S BACKYARD?
4.4.1 Objective
The objective of this session will be to review approaches and technologies available to
realistically manage the Region's solid waste, the reliability and effectiveness of each, develop
estimates of capital and operation and maintenance requirements, and develop a short-list of
technologies and approaches that appear feasible for the Region. The approaches that will be
considered will include, but not be limited to the following:
. Transfer, haul, and disposal of waste in the Region
. Transfer, haul, and disposal of waste out of the Region
. Waste-to-Energy processing
. Thermal conversion
. Biological conversion
. Recyclable material recovery and marketing
2007-11-13
7
HRPDC Scope of Services
SCS ENGINEERS
4.4.2 Goals
. Develop an understanding ofthe capacity, effectiveness, and reliability of the various
solid waste management technologies that are available and could be implemented in
the Region.
. Understand the advantages and disadvantages of each technology.
. Develop capital and operation and maintenance costs matrix.
. Develop a short list of alternatives for further consideration and evaluation.
4.4.3 Information Needs
. Technology descriptions.
. Case studies of where these technologies have been employed at the scale required
for the Region.
. Budgetary cost estimates for capital and operation and maintenance costs as a
function of processing capacity.
4.5 SESSION 4 - WHOSE SANDBOX WILL YOU PLAY IN?
4.5.1 Objective
The objective of this session will be to consider solid waste management on an individual
municipality basis and on a cooperative basis. The advantages and disadvantages of the current
SPSA model will be discussed, and compared with other institutional models, Each municipality
has certain resources, disposal needs, and challenges. The larger municipalities of Chesapeake,
Norfolk, Portsmouth, and Virginia Beach, which have populations in excess of 100,000, are
generally more fully developed with limited land available for siting a large integrated solid
waste management facility, but generate significant quantities of waste. The City of Virginia
Beach has an existing landfill that can provide disposal capacity for its citizens for several years,
but it is not big enough to handle the Region's waste stream. The smaller, less developed
municipalities of Franklin, Southhampton County, Isle of Wight County, and Suffolk have more
land resources available for development of a regional solid waste facility, but do not generate
sufficient quantities of waste to justify "going it alone".
4.5.2 Goals
. Identify the resources that each municipality offers towards a regional solution.
. Identify specific goals that each municipality has with respect to solid waste
management (e.g., max tip fee, type of technology preferred).
. Identify constraints to regional cooperation.
2007-11-13
8
HRPDC Scope of Services
SCS ENGINEERS
. Identify what is liked and disliked regarding current SPSA organization, governance,
and operation, and what would you change.
. Identify potential approaches to resolving constraints to regional cooperation.
. Review other potential institutional models that could be employed in the Region.
4.5.3 Information Needs
. Case studies of other regional solutions throughout the country.
. Breakdown of solid waste quantities by Region (from SPSA study).
. Confidential compilation of comments regarding the organization, governance, and
operation of SPSA.
. Cost components of solid waste system, including collection, transfer, processing, and
disposal.
4.6 SESSION 5 - A BRAVE NEW WORLD - THE FUTURE
BEYOND 2018
4.6.1 Objective
The objective of this last session will be to develop a facility and institutional framework for
managing solid waste in the Region for the period of2018 and beyond. The framework could
include the following alternatives:
. A new fully integrated, publicly owned and operated facility managed by a new
regional authority.
. A fully integrated, publicly owned and operated facility managed by SPSA or some
modified version of SPSA.
. A public/private partnership managed by a regional authority (SPSA or a new
authority).
. Each municipality independently manages its own solid waste stream and develops
contracts for collection, processing, and disposal services.
. Select municipalities agree to cooperate together to manage its solid waste and
develops contracts for collection, processing, and disposal services.
4.6.2 Goals
. Confirm degree of interest in committing to a regional approach.
2007-11-13
9
HRPDC Scope of Services
SCS ENGINEERS
. Identify the technical, institutional, and technological options for realistically
managing waste in the Region.
. Identify the top two approaches for further development.
4.6.3 Information Needs
. Compilation of regional models used elsewhere in the Country, identifying basic
organization structures and governance approaches.
. Compilation of findings from previous Sessions.
4.7 ADDITIONAL MEETINGS
Additional unplanned meetings and briefings likely will needed during the course of the study.
We have budgeted 80 hours of professional time and additional support for this purpose.
5.0 PREPARE REPORT AND RECOMMENDATIONS
SCS anticipates the following work efforts under this task:
. Prepare and submit draft and final report presenting findings and recommendations to
the HRPDC and the CAO's. Based on the results of Tasks 1 through 4, prepare a
final and draft report presenting the findings and recommendations to the HRPDC
and the Chief Administrative Officers to consider. We anticipate the
recommendations will address the following:
Technologies that will provide a stable, reliable, environmentally responsible, and
cost-effective means for managing waste in the Region.
Public/Private cooperation needed to cost-effectively manage solid waste needs
for 2018 to 2050.
Institutional model that will best serve the region and balance financial,
technological, administrative factors.
Key tasks to be accomplished and schedule for implementation.
. Review and address comments on the draft report.
. Hold two meetings with HRPDC staff to discuss comments on preliminary draft
report.
The deliverables for this task will be a draft-final and final solid waste master plan report.
2007-11-13
10
HRPDC Scope of Services
SCS ENGINEERS
6.0 PROJECT MANAGEMENT AND ADMINISTRATION
The purpose of this task is to provide overall management and administration of the project.
Tasks will include invoice preparation, preparation of progress reports, and other contract
administrative tasks.
7.0 SCHEDULE
See Exhibit A.
8.0 FEE
See Exhibit B.
2007-11-13
11
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Exhibit B. Fee Estimate
Consultant Services for
Development of a Solid Waste Management System
for Southside Hampton Roads
I Prof. I Task I Fee
Tasks Hours Duration ($)
Task 1 - Review Existing Regional Solid Waste System
Review Background on Regional Solid Waste Management
Summarize Regional Value of HRPDC
Subtotal, Task 1
80
32
112
yand Facility Needs
. 9~I:Trends
c...(:<<<.'..':..:.," . .....
24
24
32
40
32
176
328
Jyali,l~t~ ; .
Evalu~te al. ,~ technologil:ls
.'. Pro form.a Analysl~of Alternatives
Subtotal, Task 2
Task 3 - Evaluate Institutional Models for Solid Waste Management
Contact and survey similar organizations
Develop and evaluate institutional models
Update pro forma model
Present findings to HRPDC
Subtotal, Task 3
56
72
24
40
192
2 wks
2 wks
13,000
5,000
18,000
4 wks
35 da $
2 wks
3 wks
1 wk
1 wk
53,000
9,000
12,000
4,000
7,000
32,000
72
72
88
80
536
Task 5 - Prepare Report and Recommendations
Draft Report
Final Report
Subtotal, Task 5
'TClsk6"Pr.O' .ct;"'a...ag.men"a.,~l~~mil:li~tratipn
212
88
40 days
1 5 days
lQ,()oO
11.000
,l~,Q90
1,4 000
8~,OOO
31,000
12,000
43,000
l~iQQP
~ : '"
B-1
K. PLANNING
1. RJP, L.L. e.
2. FOR PETE'S SAKE
3. HOPE LUTHERAN CHURCH
4. NANTUCKET BY THE BAY, L.L.e.
5. ORDINANCES TO AMEND
- 44-
ITEM # 57211
VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
MODIFICATION TO A
CondiuonalChangeofZoning
Approved (10/25/2005)
Sections 405, 1802, 1803, 1804, 1805,
1806, and 1807 of the City Zoning
Ordinance (CZO) establishing
restrictions on development of property
within the 65-70 dB DNL Noise Zone
and Interfacility Traffic Area and
ADDING provisions re redevelopment
of property in Air Installations
Compatible Use Noise Zones (AICUZ)
Official Zoning Map by ADDING Sub-
Areas 1,2 and 3 of the 65 - 70 dB DNL
Noise Zone
Comprehensive Plan by incorporating
provisions re the 65 - 70 dB DNL Noise
Zone and Interfacility Traffic Area and a
Map of Sub-Areas 1,2, and 3 of the 65-
70 dB DNL Noise Zones
January 8,2008
- 45 -
Item K.
ITEM # 57212
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE
MOTION Items 1, 3 and 4 (DEFERRED) of the Planning By Consent Agenda.
Item K.4. (NANTUCKET BY THE BAY, L.L.e. was DEFERRED until the City Council Session of
January 22,2008.
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
January 8,2008
- 46-
Item K.I.
ITEM # 57213
PLANNING
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED a
Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO), Subdivision for RJP, L.L.C., at 204 62nd Street re
subdividing an existing lot into two (2) lots and redeveloping a single-family dwelling on each of the
newly created lots
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for RJP, L.L.c.
Property is located at 204 62nd Street (GPIN 2419724146), DISTRICT 5
- LYNNHA VEN
The following conditions shall be required:
1. The number of dwelling units on each parcel shall not exceed one (1). A note to such affect
shall be placed on the plat for recordation.
2. Single-family dwellings constructed on the parcels shall be no taller than two-stories or 35-
feet tall, whichever is more restrictive.
3. The exterior design of the single-family dwellings shall incorporate the use of dormers as an
architectural element.
4. The design of the exterior of the proposed dwellings shall be approved by the Planning
Director or his designee prior to the issuance of building permits.
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
January 8, 2008
- 47-
Item X2.
ITEM # 57214
PLANNING
Mike Kelly, 341 Whiting Lane, Phone: 757-672-2174, applicant, advised hiring John Sirine and
Associates, a Virginia Beach Engineeringfirm, to design the entire infrastructure consisting of
an infiltration system (approved by the City's Development Services Center), as well as a one-year
rain event system, and a ten-year rain event infiltration system. All the water goes under ground and is
stored there. As a result, there have been no problems with drainage. Drop inlets are available
throughout the entire five (5) acres.
Stephen White, Planning, advised re the history of the Hunt Club Farm parcel, which was created
through a Subdivision Variance in 1971. This Subdivision Variance included no curb cut or infrastructure
improvements. This application was DENIED by the City Council. However, the property owners
appealed in Court. The Court overturned this decision. Therefore, as a result this subdivision exists, with
no improvements.
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of FOR PETE'S SAKE, L.L.C.for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FOR PETE'S SAKE, L.L.c.
FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY AND
HORSES FOR HIRE OR BOARDING ON PROPERTY R010834253
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of For Pete's Sake, L.L. C. for a Conditional
Use Permit for a riding academy and horses for hire or boarding on
property located at 2428 London Bridge Road (GPIN 2405929310).
DISTRICT 7 - PRINCESS ANNE.
The following conditions shall be required:
1. No more than 15 horses shall be kept on the property at anyone time.
2. All improvements shall be installed as required by the Building Official's office prior to the
issuance of a Certificate of Occupancy.
3, A Fire Plan, developed specifically for this site, designed to aid in fire prevention,
suppression and elimination of potential fire hazards, shall be developed in conjunction with
the Fire Marshal's Office, and shall be approved and implemented prior to the issuance of a
Certificate of Occupancy for the Conditional Use Permit. Such Plan is not meant to supplant
any additional recommendations of the Fire Marshal's Office.
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 Eighth of January Two Thousand
Eight
January 8, 2008
- 48-
Item K.2.
ITEM # 57214 (Continued)
PLANNING
Voting: 1I-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
January 8, 2008
- 49-
Item K3.
ITEM # 57215
PLANNING
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an
Ordinance upon application of HOPE LUTHERAN CHURCH for a Conditional Use Permit re a
columbarium:
ORDINANCE UPON APPLICATION OF HOPE LUTHERAN CHURCH
FOR A CONDITIONAL USE PERMIT FOR A COLUMBARIUM
R010834254
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Hope Lutheran Church for a Conditional
Use Permit for a columbarium on property located at 5350 Providence
Road (GPIN 1466355165). DISTRICT 2 -KEMPSVILLE
The following conditions shall be required:
1. The location of the Columbarium shall be limited to that shown on the submitted
plan, which has been exhibited to the City Council and is on file in the Planning
Department.
2, The Columbarium walls shall complement the exterior building materials, in respect
to color and material, of the existing church, and shall be substantially in
conformance with the drawing entitled, "Columbarium Unit - Hope Lutheran
Church ".
3. A certificate or letter of approval shall be obtained from the Virginia Department of
Health as to conformity with its regulations, indicating that there is no danger of
contamination of groundwater where remains are scattered.
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 Eighth of January Two Thousand
Eight
January 8,2008
- 50 -
Item K.3.
ITEM # 57215 (Continued)
PLANNING
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
January 8,2008
I I ,
- 51 -
Item K.4.
ITEM # 57216
PLANNING
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED until the
City Council Session of January 22,2008, Ordinance upon application of NANTUCKET BY THE BAY,
L.L.C. for the Modification to a Conditional Change of Zoning request (approved by City Council on
October 25, 2005 for S & J LLC)
ORDINANCE UPON APPLICATION OF NANTUCKET BY THE BAY,
L.L.C FOR THE MODIFICATION OF A REQUEST APPROVED BY
CITY COUNCIL ON OCTOBER 25,2005 (S & 1, L.L.C).
Ordinance upon application of Nantucket by the Bay, L.L.C for the
modification of a request approved by City Council on October 25, 2005
(S & 1, L.L.C). Property is located at 3762 Shore Drive and 3707
Stratford Road (GPINs 1489387919; 1489396043; 1489395071).
DISTRICT 4 - BAYSIDE.
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
January 8,2008
- 52 -
Item K. 5. aIb/c
ITEM # 57217
PLANNING
The following registered in SUPPORT:
Captain Mark Rich, Executive Officer - NAS Oceana, representing Captain Hunter, who is out of the
City. The dialogue which began during the Joint Land Use Study is continuing in a meaningful way.
These amendments represent an approachfor evaluating development proposals in the 65 to 70 dB DNL
sound contour that balance the City's growth priorities with the Navy's need to ensure the long-term
viability of its East Coast Master Jet Base.
Nicholas Hutsko, 5121 Providence Road, Phone: (757) 714-1372. Mr. Hutsko distributed an article
publishedfrom the Washington Times, January 2, 2008 entitled: "Unmanned, but still watching". Said
article is hereby made a part of the record.
The following registered in OPPOSITION:
RJ McGinnis, 968 South Oriole Drive, Phone: 422-3548, owner of property on Princess Anne Road,
above the Green Line affected by the 65 to 70 Noise Zone Amendments. Mr. McGinnis believes a special
65 to 70 Noise Zone had been created for the Resort Area.
Mary H Smith, 2814 Virginia Beach Boulevard, Phone: (757) 340-5316, owner of property at 2285
London Bridge Road. Mrs. Smith lives on a small farm with her daughter and inquired whether the
restrictions would be lifted in the future so she could build. She owns 19 acres, directly next to Pine
Ridge. Deputy City Attorney Macali and Planning Staffwill discuss the matter with Mrs. Smith.
Deputy City Attorney advised the accomplishments of this Ordinance: Development is reduced in the
Inter-Facility Traffic Area to one dwelling unit per 15 acres of developable property, codify provisions re
redevelopment of residential uses; and, the Comprehensive Plan Map and the Zoning Map Amendments
divide the 65 to 70 dB DNL Noise Zone into three Sub-Areas (Sub-Area 1 - Resort Area, Sub-Area 2 -
Extends down General Booth Corridor south of Rudee Inlet, comes around Princess Anne Road and goes
back up slightly to Sub-Area 3 - area to the west of the Base).
The Development restrictions apply only to Discretionary Development applications. It does not affect
By-Right Development. There are different development regulations, depending on which of the Sub-
Areas in which the citizen resides.
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to Amend Sections 405, 1802, 1803, 1804, 1805, 1806, and
1807 of the City Zoning Ordinance, establishing restrictions on
development of property within the 65-70 dB DNL Noise Zone and
Interfacility Traffic Area and adding provisions pertaining to
redevelopment of property in Air Installations Compatible Use Noise
Zones.
Ordinance to Amend the Official Zoning Map by the addition of Sub-
Areas 1, 2 and 3 of the 65 - 70 dB DNL Noise Zone.
Ordinance to Amend the Comprehensive Plan by incorporating
provisions pertaining to the 65 - 70 dB DNL Noise Zone and
Interfacility Traffic Area and a Map of Sub-Areas 1, 2, and 3 of the 65-
70 dB DNL Noise Zones.
January 8,2008
- 53 -
Item K. 5. a/b/c
ITEM # 57217 (Continued)
PLANNING
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
January 8, 2008
1 AN ORDINANCE TO AMEND SECTIONS 405, 1802, 1803,
2 1804, 1805, 1806 AND 1807 OF THE CITY ZONING
3 ORDINANCE, ESTABLISHING RESTRICTIONS ON
4 DEVELOPMENT OF PROPERTY WITHIN THE 65-70 dB
5 DNL NOISE ZONE AND INTERFACILlTY TRAFFIC AREA
6 AND ADDING PROVISIONS PERTAINING TO
7 REDEVELOPMENT OF PROPERTY IN AIR
8 INSTALLATIONS COMPATIBLE USE NOISE ZONES
9
10
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That Sections 405, 1802, 1803, 1804, 1805, 1806 and 1807 of the City Zoning
18 Ordinance are hereby amended and reordained to read as follows:
19
20
21 ARTICLE 4. AGRICULTURAL DISTRICTS
22
23
24
25 Sec. 405. Alternative residential development pursuant to conditional use
26 permits.
27
28 Except as provided in Section 1806, as As an alternative to the residential
29 development permitted by right in the agricultural districts, the city council may alNard
30 qrant a conditional use permit to allow residential development at a density greater than
31 that which is permitted by right. The following regulations shall apply to residential
32 development outside of the Interfacility Traffic Area in the AG-1 and AG-2 Aqricultural
33 Districts pursuant to conditional use permits this section:
34
35
36
37
38 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE USE
39 ZONES (AICUZ)
40
41 A. OVERLAY DISTRICT REGULATIONS
42
43 Sec. 1800. Title.
44
45 This article shall be known as the Air Installations Compatible Use Zones
46 (AICUZ) Overlay Ordinance of the City of Virginia Beach.
47
48 Sec. 1801. Purpose and intent.
49
50 The purpose of this article is to regulate, in a manner consistent with the rights of
51 individual property owners and the requirements of military operations at Naval Air
52 Station (NAS) Oceana, development of uses and structures that are incompatible with
53 military operations; to sustain the economic health of the city and Hampton Roads
54 Region; to protect and preserve the public health, safety and welfare from the adverse
55 impacts associated with high levels of noise from flight operations at NAS Oceana and
56 the potential for aircraft accidents associated with proximity to airport operations; and to
57 maintain the overall quality of life of those who live, work and recreate in the City of
58 Virginia Beach.
59
60 Sec. 1802. Findings.
61
62 The city council hereby finds that:
63
64 (a) Naval Air Station (NAS) Oceana was first established as an auxiliary airfield
65 in 1943 and was designated as a major Navy jet air base in the 1950s. It is now one of
66 the largest Navy air bases in the country and is the Master Jet Base for the Navy's
67 Atlantic Fleet. NAS Oceana is a vital component in the architecture of the Defense
68 Department's joint service method of operational planning and execution and in the
69 newly-emerging inter-agency approach to meeting homeland defense requirements;
70
71 (b) NAS Oceana is the single largest employer in the City of Virginia Beach. In
72 2003, it had a gross annual payroll of over seven hundred fifty million dollars
73 ($750,000,000.00) and spent another four hundred million dollars ($400,000,000.00) for
74 goods and services. In that year, over twelve thousand (12,000) personnel, comprised
75 of nearly nine thousand eight hundred (9,800) military and over two thousand five
76 hundred (2,500) civilian employees, were employed there. Most of those employees live
77 within the community, infusing additional benefits into the local economy, primarily
78 through spending and spousal employment salaries. When considering the personal
79 impact of the military in the community, the economic benefit exceeds one billion dollars
80 ($1,000,000,000.00) annually;
81
82 (c) There are more than thirty thousand (30,000) acres of land in areas within
83 the 70-75 dB DNL or >75 dB DNL Noise Zones and approximately 16,500 acres of land
84 within the 65-70 dB DNL Noise Zone. Approximately four thousandJ. me three hundred
85 (4,2-GG 4,300) acres of this land is encumbered by easements or restrictive covenants
86 that limit the uses of the land to those that are not incompatible with flight operations
87 arising out of NAS Oceana;
88
2
89 (d) Since the installation's inception, development of a type deemed
90 incompatible under the Navy's AICUZ Program has occurred, such that the Navy has
91 voluntarily modified flight arrival and departure procedures, thereby resulting in flight
92 procedures and training that do not replicate actual aircraft carrier operating procedures.
93
94 (e) In August 2005, the Base Realignment and Closure (BRAC) Commission
95 added to the list of installations to be closed or realigned the recommendation to realign
96 NAS Oceana by relocating the Atlantic Fleet's East Coast Master Jet Base to Cecil Field
97 in Jacksonville, Florida if, among other things, the cities of Virginia Beach and
98 Chesapeake fail to enact and enforce legislation to prevent further encroachment of
99 NAS Oceana by the end of March 2006 by adopting zoning ordinances that require the
100 governing bodies to follow Air Installations Compatibility Use Zone (AICUZ) guidelines
101 in deciding discretionary development applications for property in noise level 70 dB day
102 night average noise level (DNL) or greater;
103
104 (f) The closure or realignment of NAS Oceana would have serious adverse
105 economic consequences to the city and the region; and
106
107 (g) In 2004 and 2005, the City of Virginia Beach, along with the cities of Norfolk
108 and Chesapeake, joined with the Navy and the Hampton Roads Planning District
109 Commission to craft a regional joint land use study (JLUS). Among the
110 recommendations of the JLUS was that the city adopt an ordinance applicable in all
111 noise zones greater than 65 dB DNL to help prevent encroachment at NAS Oceana.
112 The JLUS was accepted by resolution of the city council in May of 2005 and the city
113 council directed that appropriate ordinances implementing the recommendations of the
114 JLUS be brought forward for its consideration.
115
116
117 Sec. 1803. Applicability.
118
119 (a) Area of applicability. Except 3S provided in Section 1805 and in Part B of
120 this Article, the The provisions of this Article shall apply to discretionary development
121 applications for any property located within an Accident Potential Zone (APZ) or t>JGise
122 ~ 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zone, as shown on the
123 official zoning map, that have not been approved or denied by the City Council as of the
124 date of adoption of this Article. For purposes of this Article, discretionary development
125 applications shall include applications for:
126
127 (1) Rezonings, including conditional zonings;
128
129 (2) Conditional use permits for new uses or structures, or for alterations or
130 enlargements of existing conditional uses where the occupancy occupant
131 load would increase;
132
3
133 (3) Conversions or enlargements of nonconforming uses or structures, except
134 where the application contemplates the construction of a new building or
135 structure or expansion of an existing use or structure where the total
136 occupancy occupant load would not increase; and
137
138 (4) Street closures where the application contemplates the construction of a
139 new building or structure or the expansion of a use or structure where the
140 total occup3ncy occupant load is increased.
141
142
143 Sec. 1804. Discretionary development applications; city council policy.
144
145 (a) City Council policv. Except as otherwise provided in section 1806 this
146 Article, it shall be the policy of the city council that no application included within the
147 provisions of section Section 1803 shall be approved unless the uses and structures it
148 contemplates are designated as compatible~ under Table 1 below and, if applicable,
149 Table 2.1. unless the city council finds that no reasonable use designated as compatible
150 under the applicable table or tables can be made of the property. In such cases, the city
151 council shall, subject to the provisions of section 1806(a), approve the proposed use of
152 property at the .Jeast: lowest density or intensity of development that is reasonable.
153
154 (b) Tables. The following tables show the uses designated as compatible (Y)
155 and those designated as not compatible (N) in each listed noise zone Noise Zone
156 (Table 1) or 3ccident potential zone Accident Potential Zone (Table 2). The designation
157 of any use as Comp3tiblo compatible shall not be construed to allow such use in any
158 zoning district in which it is not permitted as either a principal or conditional use.
159
160 TABLE INSET:
161
TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE
COMPATIBILITY IN NOISE ZONES
Land Use Land Use
Compatibility
Land Use Name 70-75 dB > 75 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellings/townhouses N N
Duplexes N N
Multiple-family dwellings N N
4
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y y
Textile mill products; manufacturing Y y
Apparel and other finished products; products made from y y
fabrics, leather and similar materials; manufacturing
Lumber and wood products (except furniture); y y
manufacturing
Furniture and fixtures; manufacturing Y Y
Paper and allied products; manufacturing y y
Printing, publishing, and allied industries Y Y
Chemicals and allied products; manufacturing y y
Petroleum refining and related industries Y Y
Rubber and misc. plastic products; manufacturing Y Y
Stone, clay and glass products; manufacturing Y Y
Primary metal products; manufacturing Y Y
Fabricated metal products; manufacturing Y Y
Professional scientific, and controlling instruments; y y
photographic and optical goods; watches and clocks
Miscellaneous manufacturing Y y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation Y Y
Motor vehicle transportation Y y
Aircraft transportation y y
Marine craft transportation Y y
Highway and street right-of-way y y
5
Automobile parking y y
Comm u n ication y y
Utilities y y
Other transportation, communication and utilities Y Y
Trade
Wholesale trade y y
Retail trade - building materials, hardware and farm y y
equipment
Retail trade - general merchandise Y y
Retail trade - food Y y
Retail trade - automotive, marine craft, aircraft and y y
accessories
Retail trade - apparel and accessories Y Y
Services
Retail trade - furniture, home, furnishings and equipment Y Y
Retail trade - eating and drinking establishments Y Y
Other retail trade y y
Finance, insurance and real estate services Y Y
Personal services y y
Cemeteries y y
Business services y y
Warehousing and storage Y y
Repair services y y
Professional services y y
Hospitals, other medical faG. facilities Y N
Nursing homes N N
Contract construction services Y y
Government services y y
6
Educational services y N
Miscellaneous y y
Cultural, entertainment and recreational
Cultural activities (& churches) y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls Y N
Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports Y N
Other outdoor recreational facilities y y
Indoor recreational facilities y y
Campgrounds y N
Parks y N
Other cultural, entertainment and recreation Y N
Resource Production and Extraction
Agriculture (except live stock) Y y
Livestock farming y N
Animal breeding y N
Agriculture related activities Y y
Forestry activities y y
Fishing activities y y
Mining activities y y
Other resource production or extraction Y y
162
163
164
165 (c) Special reGulations in the 65-70 dB ONL Noise Zone. The followinq
166 requlations shall apply to discretionary development applications for residential uses on
167 property within the 65-70 dB DNL Noise Zone. Residential uses shall include all of the
168 uses listed under the headinq of "Residential and Related" in Table 1 of this section.
7
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
(1) For property within Sub-area 1 of the 65-70 dB DNL Noise Zone,
discretionary development applications for residential uses may be
Qranted only if the City Council finds that the proposed
development:
(i) conforms to the applicable provisions of the City ZoninQ
Ordinance, includinQ all requirements of the zoninQ
district; and
(ii) conforms to the applicable prOVISions of the
Comprehensive Plan, includinQ, without limitation, the
Oceanfront Resort Area Plan, Laskin Road Gateway
DesiQn Guidelines, Old Beach Desi~n Guidelines or
Oceanfront Resort Area DesiQn Guidelines.
(2) For property within Sub-area 2 of the 65-70 dB DNL Noise Zone,
discretionary development applications for residential uses may be
approved only if the City Council finds that the proposed
development:
(i) is at a density similar to or lower than that of surroundinQ
properties havinQ a similar use and no Qreater than
recommended by the Comprehensive Plan; and
(ii) conforms to the applicable provisions of the
Comprehensive Plan, includinQ, without limitation, the
Princess Anne Corridor Study, Princess Anne
Commons DesiQn Guidelines, or Mixed Use
Development Guidelines.
(3) For property within Sub-area 3 of the 65-70 dB DNL Noise Zone, it
shall be the policy of the City Council that no application for a
residential use shall be approved unless the City Council finds that
no reasonable non-residential use can be made of the property, in
which event the City Council may allow the proposed residential
use of such property at the lowest density that is reasonable.
(d) Redevelopment. The provisions of this section shall not apply to
discretionary development applications for the redevelopment of property where the
proposed dwellinQ unit density is the same as or lower than the actual dwellinQ unit
density existinQ at the time the application is submitted.
8
212 Sec. 1805. Sound attenuation.
213
214 Sound attenuation measures shall be incorporated in any use or structure
215 located in the noise zones 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zones in
216 accordance with the requirements of the Virginia Uniform Statewide Building Code.
217
218
219 Sec. 1806. Allowable residential density in Interfacility Traffic Area.
220
221 (a) Subject to Notwithstandinq the provisions of Section 402 (b) and 405
222 (Alternative Residential Development in Agricultural Districts), single bmily residential
223 development in agricultural districts shall be permitted as a conditional use at tho
224 following density in that portion of the Princess I\nnerrransition !\rea designated as on
225 property within the ~Interfacility Traffic Area~ on the official zoning map shall be limited
226 to sinqle-family dwellinqs at a density no qreater than one (1) dwellinq per fifteen (15)
227 acres of developable land.
228
229
230 T!\BLE INSET:
231
Noise Zone Maximum Permitted Density (Single Family Dwellings)
70 75 dB DNL: One (1) por five (5) acres of developable land
~75 dB DNL: One (1) por fifteen (15) acres of developable land
232
233 (b) 'Nhore a tract of land is located within more than one (1) noise zone, lots
234 shall bo situated, to the oxtent practicable, on the portion of the tract within the 1000vest
235 noise zone. In such cases, tho portion of the tract within the lowest noise zone may
236 contain the entiro numbor of dwellings allO'.vable on the acreage of the entire tract.
237
238
239 Sec. 1807. Reservation of powers; severability.
240
241 (a) Nothing in this Article shall be construed to require the City Council to
242 approve any application solely because it meets the requirements of this Article, it being
243 the intention of this Article that the City Council shall be entitled to exercise its authority
244 in such applications to the fullest extent allowed by law.
245
246 (b) The provisions of this Article shall be severable, it being the intention of the
247 City Council that in the event one (1) or more of the provisions of this Article shall be
248 adjudged to be invalid or unenforceable, the validity and enforceability of the remaining
249 provisions of this Article shall be unaffected by such adjudication.
250
251
252
9
253 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day
254 of January, 2008.
10
1 AN ORDINANCE TO AMEND THE OFFICIAL
2 ZONING MAP BY THE ADDITION OF SUB-
3 AREAS 1, 2 and 3 OF THE 65-70 dB DNL
4 NOISE ZONE
5
6 WHEREAS, the public necessity, convenience, general welfare and good zoning
7 practice so require;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 That the official zoning map of the City of Virginia Beach be, and hereby is,
13 amended to incorporate Sub-areas 1,2 and 3 of the 65-70 dB DNL Noise Zone, as shown
14 on a series of sheets marked and identified as such, and which have been displayed
15 before the City Council this date and are on file in the Department of Planning.
16
17 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th
18 day of January, 2008.
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1 AN ORDINANCE TO AMEND THE COMPREHENSIVE
2 PLAN BY INCORPORATING PROVISIONS PERTAINING
3 TO THE 65-70 dB DNL NOISE ZONE AND THE
4 INTERFACILlTY TRAFFIC AREA AND A MAP OF SUB-
5 AREAS 1, 2 AND 3 OF THE 65-70 dB DNL NOISE ZONE
6
7 WHEREAS, the public necessity, convenience, general welfare and good zoning
8 practice so require;
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
13 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
14 amended and reordained by the addition of the underlined portions, and the deletion of
15 the stricken portions, of the excerpts from the Comprehensive Plan shown on that
16 certain document entitled "EXHIBIT A - RECOMMENDED AMENDMENTS TO THE
17 COMPREHENSIVE PLAN POLICY DOCUMENT CHAPTERS 1, 3 and 5, AND THE
18 PRINCESS ANNE CORRIDOR STUDY," such document being attached hereto and
19 made a part hereof, and which includes that certain map entitled "City of Virginia Beach
20 - Sub-areas 1, 2 and 3 of the 65-70 dB DNL Noise Zone, January 2008", such map
21 having been exhibited to the City Council and on file in the Department of Planning.
22
23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of
24 January, 2008.
EXHIBIT A
RECOMMEND AMENDMENTS TO THE COMPREHENSIVE PLAN POLICY
DOCUMENT CHAPTERS 1, 3 AND 5, AND THE PRINCESS ANNE CORRIDOR
STUDY
Added text is underlined. Deleted text is stricken.
Chapter 1
Introduction
Page 13
A strong military presence in the community
In 2004, the cities of Virginia Beach, Chesapeake and Norfolk joined with the Navy and
the Hampton Roads Planning District Commission to craft a regional Joint Land Use
Study. This study, adopted as part of the Comprehensive Plan, was approved in May of
2005 by the regional JLUS Policy Committee and all participating cities. It addresses
issues related to land use compatibility and clarifies the strategic and operational
obj ectives of the participating jurisdictions and the Navy. It also embodies a series of
recommendations regarding policies, regulations and programs designed to balance local
government's land use planning responsibilities and the military's operational readiness
objectives.
Since 2005, the City has adopted and refined a series of Ocean a Land Use Conformity
plans, policies and ordinances. These amendments to the Comprehensive Plan and
Zoning Ordinance provide greater land use conformitv with military operation
requirements. Further, administrative procedures outlined in a 'Memorandum of
Understanding' are in place and have significantlv increased the Navv's participation in
the process of reviewing and commenting on pending discretionary developments within
AICUZ affected areas. See map below that outlines noise zones, accident potential zones
and special areas of review including the Resort Area, Interfacility Traffic Area and sub-
areas within the 65-70 dB DNL Noise Zone.
The City Council also created the Oceana Land Use Conformity Committee in 2006 to
oversee progress in this area and to recommend ways to reduce the amount of non-
conforming development around NAS Oceana - assuring that such actions do not
adversely impact affected neighborhoods.
The City's has also made significant progress toward the purchase. from willing sellers,
of qualified residential properties located in the Accident Potential Zone l/Clear Zone
and the Interfacility Traffic Area.
1
These measures demonstrate the city's commitment to retain NAS Oceana as the Navy's
east coast Master Jet Base by maximizing land use conformity while doing so in a
manner that respects the integritv of established neighborhoods.
Legend
o A1CUZ NOISE ZONES
1M 65"7OdB SUB-AREA 1
----: 65.7OdB SUB-AREA 2
_ 65.7OdB SUB-AREA 3
_ITA
RURAL AREA
RURAL AREA FLOODPLAINS
100-YR FLOODPLAIN
_ ABOVE 100-YR FLOODPLAIN
.. ... GREENLlNE
_ARP
2
Chapter 3
Primary Residential Area
General Booth Boulevard Corridor
Page 103
South General Booth Boulevard Corridor
General Booth Boulevard is the primary road arterial serving the easternmost part of the
Courthouse/Sandbridge Planning Area, north of the Green Line. Three distinctly
different land use nodes exist along this arterial roadway: the Dam Neck Node; the
Corporate Landing Area Node; and the Nimmo Church Node.
Along this corridor and especially within these nodes development proposals must be
consistent with the AICUZ Overlay Ordinance provisions that and should not contribute
to strip commercial development, sprawl, or any disorderly arrangement of uses. Of
particular importance is the need for future development in this corridor area to achieve a
minimum reasonable density or intensity to be consistent with the provisions of the City
AICUZ provisions and in order to protect and enhance the character of existing
neighborhoods. Such residential development should include affordable workforce
housing units.
Page l06
Nimmo Parkway / General Booth Boulevard Intersection Area
Future land use, site design and building architecture should complement the historic
character of this area as defined by Nimmo Church. No structure in this area should
exceed the 60' height of the Nimmo Church steeple. The tract on the northeast comer of
Nimmo Parkway and General Booth Boulevard should preserve and integrate into the site
design the historic Hickman House, an 18th Century tavern. The portion of the parcel on
which the house is situated and the surrounding property is suitable for a range of
compatible residential and non-residential uses including neighborhood office, a quality
restaurant and limited retail uses. The site and building design must respect and
complement the integrity of the Hickman House. There should be no more than one
ingress point on General Booth Boulevard and one on Nimmo Parkway.
The tract on the southeast comer of Nimmo Parkway and General Booth Boulevard is
planned for neighborhood office use for parcels located along General Booth Boulevard
and single-family residential use behind the office use at densities compatible with the
existing residential development in this area. If possible, roadways serving the proposed
single family de'v'elopmcnt should connect to the existing single fafFlily area to the east.
Vehicular access for proposed development should be limited to no more than one point
on either Nimmo Parkway or General Booth Boulevard.
Page l22
3
South Rudee Heights
An attractive, low-intensity and non-residential plan of development is recommended for
The type and design of low density single family diyellings on the property located north
of the Virginia MariFle Science Musel:1m Aquarium and south of Rudee Heights-,- Such
development should be carefully planned and designed to ensure land use compatibility
with the adjoining museum aquarium and established residential areas.
Chapter 5
Princess Anne /Transition Area
Page l42-A
Interfacility Traffic Area
The western part of the Transition Area, comprising the 65 dB DNL or greater noise
zones, is known as the Interfacility Traffic Area (ITA), It is an area subject to frequent
military jet flyovers due to its location along a direct flight path between Naval Air
Station Oceana and i^Jternate LaNding Naval Auxiliary Landing Field Fentress. As such,
land use planning policies have been established for the ITA aHd that restrict additional
residential development beYONd that allo';,'ed by right. In many eases, especially for
properties zoned for agrieulmral uscs, this would traFlslate to no more that one lot per l5
acres of developable land. Further, these policies recognize appropriate development
opportunities for those non-residential uses and align with the city's Oceana Land Use
Conformity Program, the Air Installations Compatible Use Zone (AICUZ) provisions and
general planning principles as outlined in this Comprehensive Plan. It is recommended
that a master plan for the ITA be conducted to provide more land use planning guidance
regarding particular subareas.
In an effort to reduce future incompatible development, the City has purchased a number
of properties from willing sellers in the ITA. As of fall of2007, over $3 Million have
been used for this purpose. In addition, the U.s. Navy has received federal approval to
appropriate of over $3 Million to advance land use conformity goals through voluntary
purchase of property located in the ITA.
The City Council approved the Ham.ptOFl Roads Joint Land use Smdy on May 10,2005.
This doeumeFlt includes a Memorandum of Understanding bet'?,'een the City ofYirginia
Beach and U.S. Navy that, in part, provides guidelincs for comprehensiye plan
adjustments to certain tracts of land in the ';lestem portion of the Princess
i^~nne/Transition i^~rea identified by the Navy as the 'Interfaeility Traffic i^~rea'. The ITi^~
is subject to a high volume of military jet traffic betwecn Ni'\S OceaFla and i'\LF Fentress
and the city reeognizes the importanee of incorporating appropriate planning policies for
this area, consistent vlith the approved JLUS provision, as follo';ls:
4
· 'Nithin tHe IT.^~, noise zone 75+ DNL retain the agricultural zOfling of one
residential lot per 15 acres of developable land.
· 'Nithin the IL\., noise zone 70 to 75+ DNL density ofresidemial
developmeflt should not exceed one lot per fi','e aeres of developable land,
dependiflg upon the degree to v/hich each development proposal meets the
City's defined criteria.
· 'Nithin the IT.^., noise ZOfles less tHan 70 DNL, density of residential
develoflment should flOt exeeed one lot per acre of de'lelopable land,
depending upon the degree to '.vhich eaCH development proposal meets the
City's defined criteria.
Princess Anne Corridor Study
Page 24
VI. Land Use Recommendations
These general recommendations apply to all Sub-Areas:
2. Air Installation Compatible Use Zone (AICUZ) and Accident Potential Zone (APZ):
New development or redevelopment should not include any housing, hotel or other uses
that may be deemed by the city to be incompatible within applicable noise zones or APZ's.
In further effort to address the U.S. Navv's AICUZ obiectives and those of the City's
Oceana Land Use Conformity policies, residential densities proposed for developments
within the Princess Anne Corridor Study Sub-Areas should not exceed those that exist
within surrounding neighborhoods.
5
- 54 -
Item V-L.l.
APPOINTMENTS
ITEM #57218
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT:
HUMAN RIGHTS COMMISSION
January 8,2008
- 55 -
Item V-I. 2.
APPOINTMENTS
ITEM #57219
Upon NOMINATION by Vice Mayor Jones, City Council
REAPPOINTED:
Michael L. Clark
3 year term
January 1, 2008 - December 31, 2010
APPOINTED:
Dr. Carolyn Huntley O'Toole
3 year term
January 1, 2008 - December 31, 2010
COMMUNITY SERVICES 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
I. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 8, 2008
- 56 -
Item V-I. 3.
APPOINTMENTS
ITEM #57220
Upon NOMINATION by Vice Mayor Jones, City Council
REAPPOINTED:
Linwood O. Branch, III
Michael Cloud Butler
Henry M. Ryto
Sylvia N. Strickland
Arthur Webb
Gerrie King West
3 year term
January 1, 2008 -December 31,2010
APPOINTED:
Jim Davis
3 year term
January 1, 2008 -December 31,2010
RESORT ADVISORY COMMISSION
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
I. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 8, 2008
- 57 -
Item V-O.
ADJOURNMENT
ITEM # 57221
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:21 P.M.
~__ar-~~-~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~j
Mayor
City of Virginia Beach
Virginia
T__..__," '")1)1)"